GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  NO.  XLV
OF  1976.

THE MAHARASHTRA KEEPING AND
MOVEMENT OF CATTLE IN URBAN
AREAS (CONTROL) ACT, 1976.

(As modified up to the 30th April 2013)

h

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2013

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Kbs-A/F/Act Book-2012 New Act Book - 2012-13 H-170-Cover & Inner title  2

GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  NO.  XLV
OF  1976.

THE MAHARASHTRA KEEPING AND
MOVEMENT OF CATTLE IN URBAN
AREAS (CONTROL) ACT, 1976.

(As modified up to the 30th April 2013)

h

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PHOTOZINCO  PRESS,   PUNE
AND  PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING  AND  STATIONERY,
MAHARASHTRA  STATE,  MUMBAI  -  400  004.

2013

1976 : Mah. XLV]

PREAMMBLE.

SECTIONS.

THE  MAHARASHTRA  KEEPING AND
MOVEMENT  OF  CATTLE  IN  URBAN
AREAS  (CONTROL)   ACT,  1976.

________

CONTENTS

1. Short title, extent and commencemment.

2. Definitions.

3. Cattle not to be kept in urban areas without licence.

4. Two classes of licences.

5. Issue and renewal of licences.

6. Power to suspend or cancel licences.

7. Prohibition of import of cattle into urban areas.

8. Appeals.

9. Orders of Licensing Officer and Appellate Authority to be final.

10. Prohhibited areas for keeping cattle.

11. Power to enter and inspect premises.

12. Power to take bond to produce cattle before Magistrate.

13. Offences and penalties.

14. Offences by companies.

15. Special provision regarding sentence of fine.

16. Power to try offences summarily.

17. Protection of action taken in good faith.

18. Rules.

19. Exemptions.

20. Act to have overriding effect, but shall be in addition to existing local

authority laws.

21. Repeal and savings.

1976 : Mah. XLV ]                                                                                                                                             1

MAHARASHTRA ACT No. XLV OF 19761.

[THE MAHARASHTRA KEEPING AND MOVEMENT OF CATTLE IN
URBAN AREAS (CONTROL) ACT, 1976.]

(This Act received the assent of the President on the 15th day of September
1976; assent was first published in the Maharashtra Government Gazette,
Part-IV, Extra-ordinrny, on the 20th day of September 1976.)

Amended by Mah. 33 of 1977* (29-4-1977)†

An Act to provide, in the public interest, for licensing and regulating
or prohibiting, keeping and movement of cattle in urban areas in the
State of Maharashtra.

WHEREAS,  it  is  necessary  to  ensure  maintenance  of  public  health  and
sanitation, which is endangered due to keeping of a large number of much cattle
in urban areas;

AND WHEREAS, it is expedient, in the public interest, to provide for licensing
and regulating or prohibiting, keeping and movement of cattle in urban areas in
the  State  of  Maharashtra  and  for  matters  connected  therewith;  It  is  hereby
enacted in the Twenty-seventh year of the republic of India as follows :—

1. (1) This Act may be called the Maharashtra Keeping and Movement of

Cattle in Urban Areas (Control) Act, 1976.

(2) It extends to the whole of the State of Maharashtra.

(3) This Act shall, in the first instance, come into force in Greater Bombay
and that part of Thane District, which is contiguous to  Greater Bombay and is
bounded by the Thane and Bassein Creek, on such2 date as the State Government
may, by notification in the Official Gazette, specify. The State Government may
bring this Act into force in such other urban area or areas or parts thereof and
with effect from such date or dates as the State Government may, by notification
in the Official Gazette, specify and different dates may be specified for different
urban areas or parts thereof.

Short  title,
extent and
commencement.

2. In this Act, unless the context otherwise requires,—

Definitions.

(a) “Appel]ate Authority” means an officer or authority appointed by the State
Government by notification in the Official Gazette, as the Appellate Authority
for any urban area or part thereof in which this Act has come into force;

1For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1976,

Part-V, Extra., pp. 272—280.

2  1st  October  1976,  vide  G.  N.,  A.  and  C.  D.,  No.  WFP.  1976/23423-7-ADF,  dated
29th September 1976, published in Maharashtra Government Gazette, 1976, Part-IV-B,
Extra., p. 870.

* Maharashtra Ordinance No. III of 1977 was repealed by Mah. 33 of 1977, s 3.
†This indicates the date of commencement of Act.
$ The reference to the name “Greater Bombay” construed as a reference to “Brihan

Mumbai” by Mah. 25 of 1996, s. 3.

2                                                                                                                                                            1976 : Mah. XLV ]

Maharashtra Keeping and Movement of
Cattle in Urban Areas (Control) Act, 1976

 (b) “cattle” means all or any of the animals specified in the Schedule;

(c) “householder” means a person who occupies any premises as his dwelling;

(d) “Inspector” means one or more officers appointed by the Licensing Officer
as Inspector or Inspectors for any urban area or part thereof in which this Act
has come into force;

(e) “licence” means a licence granted under this Act;

(f)  “Licensing  Officer”  means  one  or  more  officers  appointed  by  the  State
Government, by notification in the Official Gazette, as the Licensing Officer or
Officers for any urban area or part thereof in which this Act has come into force;

(g) “member of a family”, in relation to a householder, means a spouse, father,
mother,  children,  servants  and  other  relations  (if  any)  residing  with  the
householder in the same dwelling;

(h) “permit” means a permit granted under this Act;

(i) “prescribed” means prescribed by rules;

(j) “rules” means rules made under this Act;

(k) “urban area” means—

(i) the area comprising of  *Greater Bombay and that part of Thane District,
which is contiguous to  *Greater Bombay and is bounded by the Thane and
Bassein Creek;

(ii) any area within the limits of any Municipal Corporation or Municipal
Council constituted under any law for the time being in force and such area
contiguous thereto as may be declared by the State Government, by notification
in the Official Gazette, to be a part of the same urban area for the purposes of
this Act;

(iii) any other area in the State, which the State Government may, in view
of its development and growing population, declare, by notification in the
Official Gazette, to be an urban area for the purposes of this Act.

Cattle not
to be kept
in urban
areas
without
licence.

3. After the expiry of a period of three months from the date on which this
Act comes into force in any urban area or part thereof, no person shall keep or
cause to be kept or permit the keeping of any  without cattle in that area or
part, except under and in accordance with the conditions of a licence granted to
him under this Act.

Two classes
of licences.

4. (1) There shall be two classes of licences, namely :–

(a) a licence granted to a householder in respect of cattle kept on his premises

primarily for consumption of milk by himself or members of his family :

*The reference to the name “Greater Bombay” construed as a reference to “Brihan

Mumbai” by Mah. 25 of 1996, s.3.

1976 : Mah. XLV ]                                                                                                                                             3

Maharashtra Keeping and Movement of
Cattle in Urban Areas (Control) Act, 1976

Provided that, such licence shall not be granted to any householder in respect

of more than three heads of cattle;

(b) a licence granted to any person in respect of cattle kept by him for the

purpose of carrying on his trade as a dairyman or milk seller.

(2) Licences referred to in clauses (a) and (b) of sub-section (1) shall be called

as Class-A Licences and Class-B Licences, respectively.

5. (1)  Any person intending to have or renew a Class-A or Class-B licence
shall apply to the Licensing Officer in the prescribed renewal form and in the
prescribed manner. Such application shall bear a Court-fee stamp of two rupees
and shall be accompanied by the prescribed licence fee.

Issue and
renewal of
licences.

(2)  On receipt of such application, the Licensing Officer may, after holding
such inquiry as he deems fit, either grant or renew the licence or for reasons to
be recorded, by order refuse to grant or renew the licence.

(3)  In  granting  or  renewing  or  refusing  to  grant  or  renew  a  licence,  the
Licensing Officer shall, inter alia, have regard to the following matters, that is
to say,—

(a) the number of cattle kept in the locality;

(b) the suitability of the area in which cattle are proposed to be kept;

(c) the suitability of the stable and the arrangements in the stable for water

supply for drinking, washing and cleaning;

(d) the arrangements for proper rearing of calves;

(e) the arrangements for maintenance of cattle during dry period;

(f) any other matters prescribed in this behalf.

(4) A licence shall be in the prescribed form and shall be subject to the provisions

of this Act and the rules and shall be valid for the prescribed period.

6. Where the Licensing Officer has reason to believe that any person to whom
a licence has been granted has contravened any provisions of this Act or of the
rules or failed to comply with the conditions of the licence, the officer may, after
giving to the person a reasonable opportunity to show cause, for reasons to be
recorded, by order suspend or cancel the licence.

Power  to
suuspend or
cancel
licences.

7. No person shall bring into any urban area or part thereof in which this Act
has come into force any cattle from any place outside such area or part, except
with the prior permission and under and in accordance with the conditions of a
permit granted to him by the Licensing Officer :

Prohibition
of import
of  cattle
into urban
areas.

4                                                                                                                                                            1976 : Mah. XLV ]

Maharashtra Keeping and Movement of
Cattle in Urban Areas (Control) Act, 1976

Appeals.

Provided that, no such permission and permit shall be necessary in the case
of any cattle brought into the area for the purpose of slaughter at any slaughter
house maintained or licensed by the local authority of the area or by Government
or  in  the  case  of  any  cattle  passing  through  the  area  in  the  course  of  their
journey to any outside area.

8. (1) If any person is aggrieved by an order of the Licensing Officer refusing
to  grant  or  renew  or  suspending  or  cancelling  a  licence  or  refusing  to  grant
permission  and  permit  to  import  cattle  in  the  urban  area  or  part  thereof  in
which  this  Act  has  come  into  force,  he  may  appeal  against  the  order,  to  the
Appellate Authority in the prescribed manner. Every appeal under this section
shall bear a Court-fee stamp often rupees and it shall be preferred within thirty
days of the date on which the appellant receives intimation of the order against
which the appeal is preferred:

Provided that, the Appellate Authority may entertain any appeal after the
expiry of the period of thirty days aforesaid, if it is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of any such appeal, the Appellate Authority may, after making
such  inquiry  as  may  be  necessary  and  giving  reasonable  opportunity  to  the
appellant to be heard, pass such orders as it thinks fit.

(3) Where an appeal is preferred under sub-section (1), the Appellate Authority
may stay the enforcement of the order of the Licensing Officer for such period
and on such conditions as it thinks fit.

Orders of
Licensing
Officer and
Appellate
Authority
to be finnal.

9.  Every  order  made  by  the  Licensing  Officer  subject  to  an  appeal  to  the
Appellate Authority and every order made by the Appellate Authority on any
such appeal, shall be final and shall not be called in question in any suit or other
proceedings and no stay or injunction shall be granted by any Court, Tribunal or
other authority in respect of any order made or to be made or any action taken
or to be taken by the Licensing Officer or the Appellate Authority in the exercise
of the powers conferred on them by or under this Act.

Prohibited
areas for
keeping
cattle.

10. (1) Notwithstanding anything contained in the foregoing provisions of this
Act, the State Government may, at any time after the date on which this Act
comes into force in any urban area or part thereof declare, by notification in the
Official Gazette, the whole of that area or that part or part by part of that area,
to be a prohibited area, if it thinks fit so to do in the public interest.

 (2) On and after the date of such declaration, no Class-B licence shall be
granted in respect of any premises in the prohibited area and any such licence
already granted and in force in respect of any premises in the prohibited area
shall stand cancelled on the expiry of six months from the said date or on the
expiry of the remaining period of the licence, whichever is earlier and the person
concerned shall remove all his cattle from the prohibited area to any other area
where this Act has not been brought into force, within a period of thirty days
from the date the licence stands cancelled.

1976 : Mah. XLV ]                                                                                                                                             5

Maharashtra Keeping and Movement of
Cattle in Urban Areas (Control) Act, 1976

1[(3) Notwithstanding anything contained in sub-sections (1) and (2), the State
Government  may,  at  any  time,  in  the  public  interest,  by  notification  in  the
Official Gazette, rescind any notification issued by it under sub-section (1), in
respect of the whole or any part of the area specified in that notification and
may, at any time, by like notification issued under sub-section (1), redeclare
that area or part thereof as a prohibited area from the date specified in such
subsequent notification.]

11.  Any Inspector or the Licensing Officer or the Appellate Authority, or any
officer authorised by the Licensing Officer, the Appellate Authority or the State
Government or any police officer not below the rank of Sub-Inspector, may, at
all reasonable times, enter and inspect any stable or other premises situated in
the urban area or part thereof in which this Act has come into force,—

Power  to
enter and
inspect
premises.

(a) in order to view any cattle or the arrangements made for keeping cattle,
in respect of which an application for grant or renewal of a licence has been
made or licence has been granted or

(b) in order to ascertain whether any cattle are being kept or brought there
without a licence or permit or in contravention of any other provisions of this
Act or the rules or of the conditions of the licence or the permit, if he has reason
to believe that cattle are being so kept or brought, as the case may be.

12. Where a police officer, not-below the rank of Sub-Inspector, has reason to
believe that an offence under this Act has been committed in respect of any
cattle, he may inform the person who appears to have committed the offence
that he is making a complaint against the person before a Magistrate and direct
the person to give a bond, with two sureties, that he shall produce the cattle
before the Magistrate, from time to time, when required, until the complaint is
disposed of.

13. (1) Any person, who—

(a) contravenes the provisions of Section 3 or 7; or

(b) keeps cattle in any area or part thereof declared to be a prohibited area
without a licence or after his licence stands cancelled, fails to remove cattle as
required by sub-section (2) of Section 10,

such person shall, on conviction, be punished with imprisonment for a term

which may extend to three years or with fine or with both:

Provided that, in the absence of special and adequate reasons to the contrary
to be mentioned in the Judgment of the Court, the imprisonment shall not be
less than three months or the fine shall not be less than two thousand rupees.

(2) Where a person is convicted of an offence under this section, the Court

trying the offence—

(a) if it is the first offence under clause (a) of sub-section (1), may,

(b) if it is a subsequent offence under the said clause (a) committed within six
months of the last such offence or is a first or subsequent offence under clause
(b) of sub-section (1), shall,

1Sub-section (3) was innserted by Mah. 33 of 1977, s. 2.

Power  to
take bond
to produce
cattle
before
Magistrate.

Offences
and
Penalties.

6                                                                                                                                                            1976 : Mah. XLV ]

Maharashtra Keeping and Movement of
Cattle in Urban Areas (Control) Act, 1976

also order that all or any of the cattle in respect of which the offence has been

committed, shall be forfeited to the State Government.

(3) Every offence under this section shall be cognizable and bailable.

Offences by
companies.

14. (1) Where an offence under this Act has been committed by a company,
every person, who, at the time the offence was committed, was in-charge of and
was responsible to, the company for the conduct of the business of the company,
as well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:

Provided that, nothing contained in this sub-section shall render such person
liable to any punishment, if he proves that the offence was committed without
his knowledge or that he had exercised all due diligence to prevent the commission
of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any, offence
under  this  Act  has  been  committed  by  a  company  and  it  is  proved  that  the
offence has been committed with the consent or connivance of  or is attributable
to any neglect on the part of, any director, manager, secretary or other officer of
the company, such director, manager, secretary or officer shall be proceeded
against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association

of individuals and

(b) “director”, in relation to a firm, means a partner in the firm.

Special
provision
regarding
sennt-ennce of
fine.

Power to try
offences
summarily.

15. Notwithstanding anything contained in Section 29 of the Code of Criminal
Procedure, 1973, it shall be lawful for any Metropolitan Magistrate and for any
Magistrate of the First Class to pass a sentence of fine exceeding the pecuniary
limit specified in that section, on any person convicted of an offence under this
Act.

16. Any Magistrate empowered for the time being to try in a summary way
the offences specified in sub-section (1) of section 260 of the Code of Criminal
Procedure, 1973, may, on application in this behalf being made by the prosecution,
try in accordance with the provisions contained in Sections 262 to 265 of the said
Code any offence punishable under this Act.

2 of
1974.

2 of
1974.

Protection  of
action taken in
good faith.

17. No suit, prosecution or other legal proceedings shall lie against the State
Government or any officer of the State Government or any authority appointed
under this Act, for anything which is in good faith done or intended to be done
under this Act.

Rules.

18. (1) The power to make rules under this Act shall be exercisable by the

State Government by notification in the Official Gazette.

(2) Without prejudice to any power to make rules contained elsewhere in this
Act, the State Government may make rules consistent with this Act to levy fees
in respect of any of the matters included in this Act and generally, to carry out
the purposes of this Act.

1976 : Mah. XLV ]                                                                                                                                             7

Maharashtra Keeping and Movement of
Cattle in Urban Areas (Control) Act, 1976

(3) All rules made under this Act shall be subject to the condition of previous

publication.

(4) Every rule made under this Act shall be laid, as soon as may be after it is
made, before each House of the State Legislature, while it is in session for a
total period of thirty days, which may be comprised in one session or in two or
more successive sessions and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both houses agree that the rule should
not be made and notify such decision in the Official Gazette, the rule shall from
the date of publication of such notification have effect only in such modified form
or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done
or omitted to be done under that rule.

19. (1) Nothing in this Act shall apply to the cattle belonging to Government
or to the local authority of the urban area or part thereof in which this Act has
come into force and to any cattle kept for educational or research purposes or
kept in a Panjarpol or like institution.

(2) The State Government may, if it is necessary in the public interest so to
do by general or special order, exempt any person or class of persons or the
public generally, in any urban area or part thereof in which this Act has come
into force, in respect of all or any class of cattle from all or any provisions of this
Act, subject to such conditions as may be specified in that behalf and may at any
time by like order suspend or cancel such exemption.

20. (1) The provisions of this Act and the rules shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being
in force or in any contract (whether express or implied), custom or usage.

(2) Subject to the provisions of sub-section (1), the provisions of authority this
Act shall be in addition to, and not in derogation of, the provisionsla  of any law
relating to municipal corporation, municipal council or other local authority of
the urban area or part thereof in which this Act has come into force.

Bom.
LXII of
1958.

21. On the date on which this Act is published in the Official Gazette, the
Bombay Essential Commodities and Cattle (Control) Act, 1958 and any orders
made thereunder shall cease to apply to the cattle specified in the Schedule to
this Act, except as respects anything done or omitted to be done under that Act
or those orders before the date aforesaid and for that purpose that Act shall
stand amended, as follows, namely :—

In the Schedule to that Act, in Part-II, entries 1 and 3 to 6 (both inclusive)

Exemptions.

Act to have
overriding
effect, but
shall be in
addition to
existing local
authority
laws.

Repeal and
savings.

[See clause (b) of Section 2 and Section 21.]

SCHEDULE

shall be deleted.

1. Buffaloes.
2. Cows.
3. Heifers.
4. Calves.

5. Bulls.

8                                                                                                                                                            1976 : Mah. XLV ]

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1976 : Mah. XLV ]                                                                                                                                             9

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