The Rajasthan Animals And Birds Sacrifice (Prohibition) Act, 1975
[24th April, 1975]
[Act No. 21 of 1975]
An Act to prohibit sacrifice of animals and birds in, or within the premises of the temples or places of public religious worship in the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Twenty-sixth Year of the Republic of India, as follows:
1. Short title, extent and commencement
This Act shall be called the Rajasthan Animals and Birds Sacrifice (Prohibition) Act, 1975.
It shall extend to whole of the State of Rajasthan.
It shall come into force on such date as the State Government, may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,--
Temple Premises' means a mandap, building attached to the temple, arid a land attached to the temple, which is generally used for the purpose of worship, in the temple, whether such land is a property of the temple or not, and includes whole of the area attached to the temple, where a fair is organised or a Yatra is performed;
'Sacrifice' means killing or mutilating an animal or a bird with the intention or for the purpose, of pleasing a deity or a god;
'Temple' means a place, know by whatever name; which is being used as a public place of religious worship and dedicated as a public place of religious worship, in and
'Place of public religious worship' means any place intended for use by, or accessible to, the public or a section thereof; for the purposes of religious worship or adoration.
* Came into force w.e.f. 24-4-1975 vide Notification No. S.O. 11/F.23(9) H/XIV/72, dated 24-4-1975 published in the Rajasthan Gazette, Extraordinary, part IV-C (II), dated 24-4-1975.
3. Sacrifice of animals or birds in, or within the premises of, a temple; or in any place of public religious worship prohibited
No person shall sacrifice an animal or a bird, or assist in sacrificing it in a temple or within the premises thereof, or in any other place of public religious worship.
4. Performing of a sacrifice etc. prohibited
No person shall,--
officiate or offer to officiate at, or
perform or offer to perform, or
serve, assist, or participate, or offer to serve, assist or participate in,--
any sacrifice in a temple or its premises or in any other place of public religious worship.
5. Prohibition of use of a temple or temple premises or any other place of public religious worship for a sacrifice
No person shall, knowingly allow the performance of sacrifice at a place, which is:--
situated in a temple or, its premises or in any other place of public religious worship; and
in his possession or under his control
Whoever shall contravene or assist or abet in contravention of, the provisions of section 3 of this Act, may on conviction, be punishable with imprisonment which may extend up to 6 months or with fine up to Rs. 500/- or with both simultaneously.
Whoever shall contravene or assist or abet in contravention of the provisions of section 4 or section 5 of this Act, may be punishable with imprisonment which may extend up to 3 months or with fine up to Rs. 300/- or with both simultaneously.
7. Hearing of offences
The offence falling under this Act shall be heard by a Judicial Magistrate of the First Class.
8. Issue of prohibitory Order
If, on receipt of a complaint or any information, the Executive Magistrate is satisfied that a sacrifice is going to be performed in contravention of the provisions of this Act; he may issue an order prohibiting the persons arranging or performing such sacrifice or those connected therewith.
Whoever, having known that a prohibitory order has been issued against him under sub-section (1), contravenes it, may on conviction, be punishable either with imprisonment which may extend up to 1 year or With fine up to Rs. 1,000/- or with both.
9. Duties of an Incharge of a Police Station for making an application for a prohibitory order or for filing a complaint
On receiving the information that a sacrifice has been arranged or has to be performed, the Officer-Incharge of a Police Station, shall, unless there are reasonable grounds which shall be recorded in writing for not believing the said information, make an application to the Executive Magistrate where the sacrifice is going to be performed in contravention of the provisions of this Act for obtaining a prohibitory order under section 8.
On receiving the information that an offence under this Act has been committed, the Officer-Incharge of a Police Station shall, unless there are reasonable grounds which shall be recorded in writing for not believing the said information, file a complaint as early as possible before the Judicial Magistrate having jurisdiction to try such offences.