Pakistan (Punjab) Legislation

THE PUNJAB GOATS (RESTRICTION) ORDINANCE, 1959

(W.P. Ordinance XLII of 1959)

Sections

         1.         Short title and extent.

         2.         Definitions.

         3.         Restriction on grazing etc., of goats.

         4.         Power to regulate movement of goats.

         5.         Power to regulate slaughter of goats.

         6.         Penalty.

         7.         Offences to be cognizable and bailable.

         8.         Power of certain officers to arrest offender.

         9.         Person arrested and goats seized to be released on bond.

       10.         Power to try the offence summarily.

       11.         Protection of action taken under the Ordinance.

       12.         Power to make rules.

 

^[1]THE ^[2][PUNJAB] GOATS (RESTRICTION) ORDINANCE, 1959

(W.P. Ordinance XLII of 1959)

[18 July 1959]

An Ordinance to restrict the number of goats in ^[3][the Punjab]

Preamble.— WHEREAS it is expedient in the public interest to restrict the number of goats in the province of ^[4][the Punjab];

      Now, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:-

1.   Short title and extent.— (1) This Ordinance may be called the ^[5][Punjab] Goats (Restriction) Ordinance, 1959.

      (2)  It extends to the whole of the province of ^[6][the Punjab] except ^[7][* * *] ^[8][the Tribal Areas.]

2.   Definitions.— In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—

          (i)  “Government” means the ^[9][Provincial Government of the Punjab];

         (ii)  “prescribed” means prescribed by rules made under this Ordinance;

        (iii)  “slaughter-house” means any building premises or place used in connection with the business of killing or slaughtering animals intended for human consumption, and shall include a public slaughter-house maintained by a local authority and a private slaughter-house duly licensed for that purpose under any law for the time being in force.

3.   Restriction on grazing etc., of goats.— Government may, by notification^[10], declare that in any specified area, hereinafter referred to as local area it shall be unlawful—

      (a)  after twelve months of the publication of the notification, to graze or pasture goats on any land; and

      (b)  after eighteen months of the publication of the notification, to keep goats:

      Provided that Government may in any area permit the keeping of goats subject to such conditions as may be prescribed.

4.   Power to regulate movement of goats.— Government may in such manner as may be prescribed regulate^[11] the leading, driving, conducting or conveying of goats in any local area.

5.   Power to regulate slaughter of goats.— Government may in such manner as may be prescribed regulate the slaughter of goats including the proportion of the goats to the sheep that may be slaughtered in a slaughter-house on any day.

6.   Penalty.— Any person who contravenes the provisions of section 3, section 4 or section 5 or such of the rules made under this Ordinance as may be specified shall be punished with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in addition thereto the goat concerned in the offence shall be forfeited to Government.

7.   Offences to be cognizable and bailable.— Notwithstanding any thing contained in the Code of Criminal Procedure, 1898^[12], an offence punishable under this Ordinance shall be cognizable and bailable within the meaning of the said Code.

8.   Power of certain officers to arrest offender.— (1) Any officer specially empowered by Government in this behalf may, without order from a magistrate and without a warrant, arrest any person committing an offence under this Ordinance or the rules made thereunder and may seize the goat concerned in the offence.

      (2)  The officer making an arrest under sub-section (1) shall, without unnecessary delay and subject to the provisions of this Ordinance as to release on bond, take or send the person arrested and such goat to the nearest police station.

9.   Person arrested and goats seized to be released on bond.— (1) Any officer making an arrest under sub-section (1) of section 8 shall release such person on his executing a bond to appear, when so required, before the officer incharge of the nearest police station.

      (2)  Where any officer, as aforesaid, has seized any goat, he shall release it to the person from whose possession it was seized or to the owner thereof on his executing a bond for producing it before the officer incharge of the nearest police station.

10.    Power to try the offence summarily.— An offence under this Ordinance shall be summarily triable and in such proceedings the provisions for summary trial prescribed in the Code of Criminal Procedure, 1898^[13], shall apply.

11.    Protection of action taken under the Ordinance.— No suit shall lie against any officer for anything done by him in good faith under this Ordinance.

12.    Power to make rules.— (1) Government may, after previous publication, make rules^[14] to carry out the purposes of this Ordinance.

      (2)  In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

            (a)  procedure for application of this Ordinance to any local area;

            (b)  conditions and procedure for permission to keep goats in a local area;

            (c)  regulation of the leading, driving, conducting or conveying of goats in or through a local area;

            (d)  regulation of the proportion of goats and sheep slaughtered in a slaughter-house; and

            (e)  maintenance of records and submission of return relating to slaughter of goats and sheep.