1

LIST OF DATES AND EVENTS

19.11.2015 The State of Haryana has enacted Legislative Act

No. 20 of 2015 namely Haryana Gauvansh

Sanrakshan and Gausamvardhan Act, 2015 for

the conservation of Gauvansh and to establish

institutions to accept, keep, maintain and care the

infirm, injured, stray and uneconomic cows in the

State of Haryana. (Annexure P-1 and P-2)

--- The petitioner is deeply aggrieved against the

provisions contained in Section 7 and 8 of the Act

which permit selling of the cow beef for medicinal

purpose and allow its consumption to the human.

Similar provisions also do exist under the Punjab

Prohibition of Cow Slaughter Act, 1955, Himachal

Pradesh Prohibition of Cow Slaughter Rules,

1980 and the Uttar Pradesh Cow Prevention of

Cow Slaughter Act, 1955.

--- The petitioner is animal rights activist and also

Hindu by religion and he is deeply hurt due to the

inclusion of selling of cow beef through back door

in the name of Medicinal Value; when the same

even doesn’t exist at all.

05.05.2016 To prove the fact that cow beef has no medicinal

value the petitioner approached the Food Safety

and Standards Authority of India under the RTI

Act which in reply stated that no such information

is available with the authority.(Annexure P-3)

07.06.2016 The petitioner also represented National Institute

of Nutrition with RTI Application as to whether

any such information regarding nutritional value

 2

of the beef for medicine is there or not; the

institute replied that no such information is there

with it.(Annexure P-4)

16.11.2017 The petitioner represented the Department of

Animal Husbandry, Dairying and Fisheries,

Ministry of Agriculture and Farmers Welfare,

Government of India to confirm the medicinal

value of beef and veal; but the same is not

available with it too.(Annexure P-5)

18.03.2016 The petitioner even approached the Respondent

No. 2 with an application to allot the license of

beef if any to the petitioner just to check as to

how this licenses are issued. The Respondent

No. 2 however replied that the petitioner should

submit the documents to substantiate the need of

using beef in medicinal purposes.(Annexure P-6)

26.04.2016 Thereafter the petitioner approached the

Respondent No. 2 to get the list of the licenses if

any allotted to anyone for consumption of beef.

The Respondent No. 2 replied that the District

Magistrate is the appropriate authority to supply

the list.(Annexure P-7)

03.06.2016 The petitioner also asked the research if any

relating to fitness of beef for human consumption

for any medicinal purpose. It was thereafter

written that such information can only be supplied

by LUVAS Respondent No. 4.(Annexure P-8)

03.11.2017 The petitioner thereafter written to Respondent

No. 4 LUVAS to check if the cow beef is having

any medicinal value of not. The answer to the

 3

question was negative. It was given in written that

beef has no medicinal value at all.(Annexure P-

9)

31.05.2017 The petitioner even written to the Himachal

Pradesh Government to check if the beef is

recommended for human consumption for any

type of patient or not. It was however replied that

beef is never recommended for human

consumption for curing any disease.(Annexure

P-10)

--- The petitioner checked the information regarding

any slaughter license being issued by any

authority in the Districts of Nuh and Palwal. It was

given in writing that no license of any kind has

ever been issued for the same purpose.

(Annexure P-11 and P-12)

04.12.2017 The petitioner applied for RTI information with the

department of health to check if any such

information is available with them or not.

However, the list of animals fit for human

consumptions didn’t mention the beef.

(Annexure P-13)

12.12.2017 After the entire research and confirming himself

the petitioner submitted a representation to the

Respondents to delete the unwanted section from

the Act.(Annexure P-14)

--- No research is available with any of the statutory

authorities to substantiate the presence of

Sections in the Act which permit consumption of

beef for medicinal benefits. The same is violation

 4

of the Article 25 of the Constitution of India and

against the religious beliefs of the petitioner and

thus vires to the Constitution of India.

--- Even otherwise no useful purpose shall serve

with the Sections as the same have not been

used till date and no one has been given any

such license. Thus, the backdoor entry to the

consumption of beef needs to be closed.

17.04.2018 Hence, the present writ petition.

CHANDIGARH (RAVINDER SINGH DHULL)

DATED: 17.04.2018 Advocate
Counsel for the Petitioner
 5

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CIVIL WRIT PETITION (PIL) No._________ of 2018

Naresh Kadyan son of Shri Om Prakash Kadyan, Aged 56 years,

Resident of C-38, Rose Apartment, Prashant Vihar, Sector 14,

Rohini, Delhi-110085

--Petitioner

Versus

1. The State of Haryana through its Principle Secretary-cum-

Chief Secretary, Haryana Civil Secretariat, Chandigarh.

2. Department of Animal Husbandry and Dairying through its

Director General, Haryana Pashudhan Bhawan, Sector 2,

Panchkula

3. Haryana Gau Seva Ayog through its Secretary, Lajwant

Bhawan, Shri Mata Mansa Devi Shrine Board, MDC,

Panchkula

4. Lala Lajpat Rai University of Veterinary and Animal

Sciences, Hisar through its Vice Chancellor

--Respondents

CHANDIGARH (RAVINDER SINGH DHULL)

DATED: 17.04.2018 Advocate
Counsel for the Petitioner
 6

Civil Writ Petition under Articles 226/227 of

the Constitution of India for issuance of an

appropriate writ, order or direction,

especially in the nature of Certiorari for

quashing Section 7 and 8 of the Haryana

Gauvansh Sanrakshan and

Gausamvardhan Act, 2015 (Annexure P-

1) and Rule 8 and 9 of the Haryana

Prohibition of Cow Slaughter Rules 1972

(Annexure P-2)limited to the extent that it

permits selling of Beef for the medicinal

purpose as the Cow Beef doesn’t have any

medicinal value and further selling of Beef

being vires to the Articles 25 to 29 of the

Constitution of India as the same protect

the Freedom of Religion of petitioner and

others who are Hindus and Cow is

considered to be Holy Animal in the Hindu

Religion;

And/Or

To issue any other writ, order or direction

which this Hon'ble High Court may deems

fit and proper in the peculiar facts and

circumstances of the case.

RESPECTFULLY SHOWETH: -

1. That the petitioner is a permanent resident of State of

Haryana/Delhi and Citizen of India, hence entitled to invoke the

extra ordinary writ jurisdiction of this Hon'ble Court under Articles

226/227 of the Constitution of India. The petitioner has no direct or

 7

indirect interest involved in the present matter except the fact that

he is Hindu and considers Cow as holy animal and Cow Slaughter

as unholy work and further petitioner is Animal Rights Activist and

against slaughter of any animal as such.

2. That the petitioner is Commissioner (Headquarters),

Bharat Scouts and Guides Haryana and is holding position of the

master trainer, Animal Welfare Board of India and representative

of the United Nation affiliated “International Organization for

Animal Protection” and has represented numerous times before

various Courts and Forums in the public interest and in the large

interest of animals.

3. That the State of Haryana has enacted Legislative Act

No. 20 of 2015 namely Haryana Gauvansh Sanrakshan and

Gausamvardhan Act, 2015 for the conservation of Gauvansh and

to establish institutions to accept, keep, maintain and care the

infirm, injured, stray and uneconomic cows in the State of

Haryana. A copy of the Act dated 19.11.2015 is attached herewith

as Annexure P-1. The Government has further adopted already

existing rules till new rules are notified. Copy of the Haryana

Prohibition of Cow Slaughter Rules 1972 is attached herewith as

Annexure P-2.

4. That the petitioner is deeply aggrieved against the

provisions contained in Section 7 and 8 of the Act which permit

selling of the cow beef for medicinal purpose and allow its

consumption to the human. Similar provisions also do exist under

the Punjab Prohibition of Cow Slaughter Act, 1955, Himachal

Pradesh Prohibition of Cow Slaughter Rules, 1980 and the Uttar

Pradesh Cow Prevention of Cow Slaughter Act, 1955.

5. That the petitioner is animal rights activist and also

Hindu by religion and he is deeply hurt due to the inclusion of

 8

selling of cow beef through back door in the name of Medicinal

Value; when the same even doesn’t exist at all.

6. That to prove the fact that cow beef has no medicinal

value the petitioner approached the Food Safety and Standards

Authority of India under the RTI Act which in reply stated that no

such information is available with the authority. A copy of the reply

dated 05.05.2016 is attached herewith as Annexure P-3.

7. That the petitioner also represented National Institute

of Nutrition with RTI Application as to whether any such

information regarding nutritional value of the beef for medicine is

there or not; the institute replied that no such information is there

with it. A copy of the RTI response dated 07.06.2016 is attached

herewith as Annexure P-4.

8. That the petitioner represented the Department of

Animal Husbandry, Dairying and Fisheries, Ministry of Agriculture

and Farmers Welfare, Government of India to confirm the

medicinal value of beef and veal; but the same is not available

with it too. A copy of email dated 16.11.2017 is attached herewith

as Annexure P-5.

9. That the petitioner even approached the Respondent

No. 2 with an application to allot the license of beef if any to the

petitioner just to check as to how this licenses are issued. The

Respondent No. 2 however replied that the petitioner should

submit the documents to substantiate the need of using beef in

medicinal purposes. A copy of the letter dated 18.03.2016 is

attached herewith as Annexure P-6.

10. That thereafter the petitioner approached the

Respondent No. 2 to get the list of the licenses if any allotted to

anyone for consumption of beef. The Respondent No. 2 replied

that the District Magistrate is the appropriate authority to supply

 9

the list. A copy of the letter dated 26.04.2016 is attached herewith

as Annexure P-7.

11. That the petitioner also asked the research if any

relating to fitness of beef for human consumption for any medicinal

purpose. It was thereafter written that such information can only be

supplied by LUVAS Respondent No. 4. A true translated copy of

the RTI information dated 03.06.2016 is attached herewith as

Annexure P-8.

12. That the petitioner thereafter written to Respondent No.

4 LUVAS to check if the cow beef is having any medicinal value of

not. The answer to the question was negative. It was given in

written that beef has no medicinal value at all. A copy of the reply

dated 03.11.2017 is attached herewith as Annexure P-9.

13. That the petitioner even written to the Himachal

Pradesh Government to check if the beef is recommended for

human consumption for any type of patient or not. It was however

replied that beef is never recommended for human consumption

for curing any disease. A true type copy of the response dated

31.05.2017 is attached herewith as Annexure P-10.

14. That the petitioner checked the information regarding

any slaughter license being issued by any authority in the Districts

of Nuh and Palwal. It was given in writing that no license of any

kind has ever been issued for the same purpose. True translated

copies of the replies dated 02.11.2017 and 07.11.2017 are

attached herewith as Annexure P-11 and P-12.

15. That the petitioner applied for RTI information with the

department of health to check if any such information is available

with them or not. However, the list of animals fit for human

consumptions didn’t mention the beef. A copy of the reply dated

04.12.2017 is attached herewith as Annexure P-13.

 10

16. That after the entire research and confirming himself

the petitioner submitted a representation to the Respondents to

delete the unwanted section from the Act. A copy of the

representation dated 12.12.2017 is attached herewith as

Annexure P-14.

17. That no research is available with any of the statutory

authorities to substantiate the presence of Sections in the Act

which permit consumption of beef for medicinal benefits. The

same is violation of the Article 25 of the Constitution of India and

against the religious beliefs of the petitioner and thus vires to the

Constitution of India.

18. That even otherwise no useful purpose shall serve with

the Sections as the same have not been used till date and no one

has been given any such license. Thus, the backdoor entry to the

consumption of beef needs to be closed.

19. That the questions of law involved in this writ petition

are as under: -

a) Whether the consumption of Beef is against the

fundamental rights of the petitioner as enshrined under

Article 25 of the Constitution of India?

b) Whether the beef is fit for human consumption for

medicine without any such research available?

c) Whether grave and manifest injustice has been done

with the petitioner and others?

20. That there is no other alternative remedy of appeal or

revision available with the petitioners except to approach this

Hon’ble High Court under Article 226/227 of Constitution of India.

 11

21. That the petitioner has not filed any such or similarly

writ petition either in this Hon'ble Court or in the Hon'ble Supreme

Court of India.

It is, therefore, respectfully, prayed that: -

(i) The records of the case may be called for;

(ii) filing of the certified copies of the annexures be

dispensed with and the petitioner may kindly be

permitted to file photo copy/typed copy of the

Annexures;

(iii) advance notice upon the respondents be dispensed

with;

(iv) an appropriate writ, order or direction under Articles

226/227 of the Constitution of India may kindly be

issued in the nature of Certiorari for quashing Section 7

and 8 of the Haryana Gauvansh Sanrakshan and

Gausamvardhan Act, 2015 (Annexure P-1) and Rule

8 and 9 of the Haryana Prohibition of Cow Slaughter

Rules 1972 (Annexure P-2) limited to the extent that it

permits selling of Beef for the medicinal purpose as the

Cow Beef doesn’t have any medicinal value and further

selling of Beef being vires to the Articles 25 to 29 of the

Constitution of India as the same protect the Freedom

of Religion of petitioner and others who are Hindus and

Cow is considered to be Holy Animal in the Hindu

Religion;

(v) this Hon’ble High Court may also pass any other order,

writ or direction which this Hon'ble High Court may

deems fit and proper in the peculiar facts and

circumstances of the case;

 12

(vi) costs of the writ Petition be also awarded to the

petitioner.

PLACE: CHANDIGARH (NARESH KADYAN)

DATED: 17.04.2018 Petitioner

Through Counsel

(RAVINDER SINGH DHULL)

Advocate
Counsel for the Petitioner

VERIFICATION:
Verified that the statement of facts contains Para 1 to 18 and

Para 20 & 21 are true and correct to my knowledge, whereas legal

averments are made in Para 19 on the advice of the counsel and

same to be believed is correct. No part thereof is false and

nothing material has been kept concealed therein.

PLACE: CHANDIGARH (NARESH KADYAN)

DATED: 17.04.2018 Petitioner

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CIVIL WRIT PETITION NO. ________OF 2018

Naresh Kadyan Petitioner

Versus

The State of Haryana and others Respondents

Affidavit of Naresh Kadyan son of Shri Om Prakash Kadyan,

Aged 56 years, Resident of C-38, Rose Apartment, Prashant

Vihar, Sector 14, Rohini, Delhi-110085

I, the above named deponent do hereby solemnly affirm and

declare as under:-

1. That the deponent is filing the accompanying writ

petition in the matter of a Public Interest Litigation challenging

vires of the Sections 7 and 8 of the Haryana Gauvansh

Sanrakshan and Gausamvardhan Act, 2015 as the same permit

consumption of beef for medicinal purposes and allow selling

thereof. The deponent has no direct or indirect personal interest in

the present PIL and the PIL is being filed for the benefit of public at

large.

2. That the deponent is Commissioner (Headquarters),

Bharat Scouts and Guides Haryana and is holding position of the

master trainer, Animal Welfare Board of India and representative

of the United Nation affiliated “International Organization for

Animal Protection” and has represented numerous times before

various Courts and Forums in the public interest and in the large

interest of animals.
 14

3. That the deponent is filing the accompanying Public

Interest Litigation in accordance the directions/order dated

26.7.2013 passed by this Hon’ble High Court in CWP No.15989 of

2013 and in accordance with “Maintainability of Public Interest

Litigation Rules 2010”. As per clause 6 o the Rules, it is mentioned

that “ordinarily, the PIL may be entertained on any subject of vital

public importance and the mater in the present case is of vital

public importance.

PLACE: CHANDIGARH
DATED: 17.04.2018 Deponent
VERIFICATION:

Verified that the contents of my writ petition are true and

correct to my knowledge. No part of it is false and nothing has

been concealed therein.

PLACE: CHANDIGARH
DATED: 17.04.2018 Deponent
 15

ANNEXURE P-1

The Haryana Gauvansh Sanrakshan And Gausamvardhan Act,

2015[ACT NO. 20 OF 2015][November 19, 2015]

An Act to provide for Gauvansh Sanrakshan and Gausamvardhan

and to establish institutions to accept, keep, maintain and care the

infirm, injured, stray and uneconomic cows in the State of

Haryana. Be it enacted by the Legislature of the State of Haryana

in the Sixty-sixth Year of the Republic of India as follows:-

1. Short Title.-

This Act may be called the Haryana Gauvansh Sanrakshan and

Gausamvardhan Act, 2015.

2. Definitions.-

In this Act, unless the context otherwise requires,-

(a)“beef” means flesh of cow in any form including flesh of cow

contained in sealed containers and imported in the State;

(b)“beef-products” means products prepared from beef;

(c)“cow” means and includes a bull, bullock, ox, heifer or calf and

a disabled, diseased or barren cow;

(d)“competent authority” means the concerned Sub-divisional

Magistrate and includes any other officer appointed by the

Government for exercising the powers under this Act;

(e)“Department” means the Animal Husbandry Department of the

Government;

(f)“export” means taking out of cow from the State to any other

place;

(g)“Gauvansh” means cow or its progeny;(h)“Gausamvardhan”

means conservation and development of indigenous breeds of

cow;

(i)“Government” means the Government of the State of Haryana in

the administrative department;

 16

(j)“indigenous breed” means the indigenous cow population which

is recognized as a breed by Breed Registration Committee of

Indian Council of Agricultural Research, New Delhi, from time to

time;

(k)“prescribed” means prescribed by the rules made under this

Act;

(l)“sanrakshan” means protection and conservation of Gauvansh;

(m)“slaughter” means killing by any method whatsoever and

includes maiming and inflicting of physical injury which in the

ordinary course may cause death;

(n)“State” means the State of Haryana.

3. Prohibition of Cow Slaughter.-

Notwithstanding anything contained in any other law for the time

being in force or any usage or custom to the contrary, no person

shall slaughter or cause to be slaughtered or offer or cause to be

offered for slaughter any cow in any place in the State: Provided

that killing of a cow in an accident or self defence shall not be

considered as slaughter under the Act.

4. Exceptions.-

(1)Nothing contained in section 3 shall apply to the slaughter of a

cow where a certificate has been issued in the prescribed form by

the Registry Veterinary Practitioner of the department in the area

for a cow, -

(a)whose suffering is such so as to render its destruction

desirable;

(b)who is suffering from any notified contagious or infectious

disease;

(c)who is subjected to experimentation in the interest of

medical, veterinary and public health research.

 17

(2)Where it is intended to slaughter a cow for the reasons

specified in sub-section (1) above, it shall be incumbent for a

person doing so to first obtain the certificate in writing as

mentioned under the said sub-section.

(3)The removal of skin and hide from dead cows, other than

slaughtered cows, by the authorised contractor shall not be

construed as cow slaughter:

Provided that the authorized contractor engaged in removal or

transportation of skin and hide from the dead cows, other than

slaughtered cows, shall obtain the authorization to this effect from

the competent authority.

5. Restriction on export.-

No person shall export or cause to be exported cow for the

purpose of slaughter either directly or through his agent of servant

or any other person acting on his behalf in contravention of the

provisions of this Act or with the knowledge that it shall be or is

likely to be slaughtered.

6. Permit for export.-

(1)Any person desiring to export cow shall apply for a permit to

such officer, as the Government may, by notification, appoint in

this behalf, stating the reasons for which they are to be exported

together with the number of cows and the name of the State to

which they arc proposed to be exported. He shall also file a

declaration that the cows for which the permit for export is required

shall not be slaughtered and obtain permit, in such form, as may

be prescribed.

(2)The officer appointed under sub-section (1), after satisfying

himself about the genuineness of the request of the applicant,

shall grant him a permit for the export of cow specified in the

application.
 18

(3)The fee for issuing permits shall be such, as may be prescribed.

(4)No permit for export of cows shall be issued for a State where

cow slaughter is not banned by law.

7. Special permit.-

(1)The Government shall have power to issue special permits for

export of cow in case where it is of the opinion that it shall be in

the public interest to do so.

(2)The fee for issuing special permits shall be such, as may be

prescribed.

8. Prohibition of sale of beef.-

Notwithstanding anything contained in any other law for the time

being in force, no person shall directly or indirectly sell, keep,

store, transport or offer for sale or cause to be sold beef or beef

products except for such medicinal purposes and in such form as

may be prescribed.

9. Gausamvardhan.-

The Government shall make scheme, project or program for the

conservation am up-gradation of indigenous breeds of cow and

provide incentives on production, processing and marketing of milk

or milk products obtained from indigenous breeds of cows.

10. Establishment of institution.-

(1)The Government, or a local authority when so directed by the

Government shall establish an institution to accept, keep, maintain

and care the infirm, injured, stray and uneconomic cows.

(2)The Government shall provide adequate financial and technical

support to such institution.

11. Levy of charges of fee.-

The State Government, or a local authority if so authorized by the

Government, may levy such fee, as may be prescribed to accept,

 19

keep, maintain and care the infirm, injured, stray and uneconomic

cows in the institution.

12. Establishment of laboratories for testing and analysis.-

(1)The Government shall establish laboratories for differentiation

of beef from that of the meat of other species of animals, testing

and identification of various constituents of milk and milk products

and testing and differentiation of Al and A2 milk for providing

incentives for wholesome production of milk and milk products.

Explanation.— For the purposes of this sub-section, A1 and A2

milk means the milk obtained from cows having Al and A2 genetic

variant of the beta-casein milk protein respectively.(2)The analysis

report of such laboratories established under sub-section (1) shall

be used as evidence in any inquiry, trial or other proceedings

under this Act.

13. Offences.-

(1)Whoever contravenes or attempts to contravene or abets the

contravention of the provisions of section 3 or 4 shall be guilty of

an offence punishable with rigorous imprisonment for a term which

shall not be less than three years and may extend to ten years and

fine which shall not be less than thirty thousand rupees and may

extend to one lac rupees. In case of default in payment of fine,

additional imprisonment, which may extend to one year, may be

imposed in lieu of the fine.

(2)Whoever contravenes or attempts to contravene or abets the

contravention of the provisions of section 5 shall be guilty of an

offence punishable with rigorous imprisonment for a term which

shall not be less than three years and may extend to seven years

and fine which shall not be less than thirty thousand rupees and

may extend to seventy thousand rupees. In case of default in

 20

payment of fine, additional imprisonment which may extend to one

year may be imposed in lieu of the fine.

(3)Whoever contravenes or attempts to contravene or abets the

contravention of the provisions of section 8 shall be guilty of an

offence punishable with rigorous imprisonment for a term which

shall not be less than three years and may extend to five years

and fine which shall not be less than thirty thousand rupees and

may extend to fifty thousand rupees. In case of default in payment

of fine, additional imprisonment which may extend to one year

may be imposed in lieu of the fine.

14. Burden of proof.-

In a trial for an offence punishable under section 13, the burden of

proving that the slaughtered cow belonged to the class specified in

clause (a), (b) or (c) of sub-section (1) of section 4, shall be on the

accused.

15. Offences to be cognizable and non-bailable.-

Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (Central Act 2 of 1974), an offence punishable

under section 13 shall be cognizable and non-bailable.

16. Power to enter, seize etc.

(1)Any police officer not below the rank of Sub Inspector or any

person authorized in this behalf by the Government, with a view to

secure compliance with the provisions of this Act or for satisfying

himself that the provisions of this Act have been complied, may-

(a)enter, stop and search any vehicle used or intended to be

used for the export of cows;

(b)seize cow in respect of which he suspects that any

provision of this Act has been, is being or is about to be

contravened, alongwith the vehicle in which such cow is

found, and thereafter take all measures necessary for

 21

securing the production of the cow so seized, in a court and

for the safe custody pending such production;

(c)enter and search any premises used or intended to be

used for the slaughter of cow and seize any documents

regarding activities related to slaughter and export of cow;

(2)The provisions of section 100 of the Code of Criminal

Procedure, 1973 (Central Act 2 of 1974), relating to search shall,

so far as may be, apply to search and seizure under this Act.

17. Confiscation of vehicles.-

(1)Whenever an offence punishable under this Act has been

committed, any vehicle used in the commission of such offence

shall be liable to be confiscated by a police officer not below the

rank of Sub-Inspector or any person authorized in this behalf by

the Government.

(2)Where any vehicle referred to in sub-section (1) is confiscated

in connection with the commission of any offence punishable

under this Act, a report about the same, without unreasonable

delay, be made by the person seizing it to the competent authority

and whether or not a prosecution is instituted for commission of

such offence, the competent authority, having jurisdiction over the

area where the said vehicle was confiscated, may, if satisfied that

the said vehicle was used for commission of offence under this

Act, order confiscation of the said vehicle:Provided that before

ordering confiscation of the said vehicle, a reasonable opportunity

of being heard shall be afforded to the owner of the said vehicle.

(3)Whenever any vehicle as referred to in sub-section (1) is

confiscated it connection with commission of an offence under this

Act then notwithstanding anything container in any other law for

the time being in force, no Court, Tribunal or other authority,

except the competent authority, shall have jurisdiction to make

 22

order with regard to the possession, delivery, disposal, release of

such vehicle.

(4)Where the competent authority is of the opinion that it is

expedient in public interest that the vehicle, as referred to in sub-

section (1), confiscated for commission of offence under this Act

be sold by public auction, he may at any time direct it to be sold:

Provided that before giving such directions for sale of confiscated

vehicle, a reasonable opportunity of being heard shall be afforded

to the owner of the said vehicle.

(5)Any person aggrieved by an order made by the competent

authority under sub-section (2) or sub-section (4) may, within a

period of thirty days from the date of such order, prefer an appeal

to the Deputy Commissioner of the district concerned.

(6)Any order of confiscation made by the competent authority shall

not prevent the infliction of any punishment to which the person

affected thereby is liable under this Act.

18. Protection of action taken in good faith.-

No suit, prosecution or other legal proceedings shall lie against

any officer of the Government for anything which is in good faith

done or intended to be done under this Act or the rules made

thereunder.

19. Power to make rules.-

(1)The State Government may make rules for the purposes of

carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of foregoing powers, such

rules may provide for,-

(a) the conditions and the circumstances under which a

cow may be slaughtered under section 4;

(b) the manner in which disease shall be notified under

clause (b) of section 4;

 23

(c) the manner in which permission shall be obtained

under section 4;

(d) the form and contents of the certificate mentioned in

section 4 and the authorities competent to grant it;

(e) the form in which the permit is to be granted and the

fee in respect of issuing such permit under sections 6 and 7;

(f) the manner in which and conditions under which beef

or beef products are to be sold under section 8;

(g) the matters relating to the establishment, maintenance,

management supervision and control of institution referred to

in section 10;

(h) the duties of any officer or authority having jurisdiction

under this Act the procedure to be followed by such officer or

authority: and

(i) any other matter which is to be and may be prescribed.

20. Repeal and savings.-

(1)The Punjab Prohibition of Cow Slaughter Act, 1955 (Punjab Act

No.15 of 1956) as applicable to the State of Haryana is hereby

repealed.(2)Notwithstanding such repeal, anything done or any

action taken under the repealed Act and the rules made

thereunder, shall be deemed to have been done or taken under

this Act.(3)The Haryana Prohibition of Cow Slaughter Rules, 1972

framed under the said Act shall be deemed to have been framed

under this Act till new rules are framed under this Act.

True Copy

Advocate
 24

ANNEXURE P-2

The Haryana Prohibition of Cow Slaughter Rules, 1972

Published vide Notification Legisltaive Supplement Part 3, dated the 5th May, 1972

1. Short title and commencement. - (1) These rules may be called

the Haryana Prohibition of Cow Slaughter Rules, 1972.

2. They shall come into force at once.

2. Definitions. - In these rules, unless there is anything repugnant

in the subject or context :-

(a) "Act" means the Punjab Prohibition of Cow Slaughter Act,

1955;

(b) "Form" means a Form given in the Schedule to these rules;

(c) "Licencing Authority" means the District Magistrate or any other

officer authorised by him to perform the functions of the licensing

Authority under these rules;

(d) "Competent Authority" means the District Animal Husbandry

Officer or Veterinary Assistant Surgeon of the area;

(e) "medical purposes" means the use of beef or beef products in

the diet of patients or for medicines as may be notified by the

State Government;

(f) "Local authority" includes Gram Panchayat, Panchayat Samiti,

Municipal Committee [-] and Cantonment Board; and

(g) words and expressions used but not defined in these rules

shall have the meanings assigned to them in the Act.

3. Exceptions. [Sections 4(1)(a) and 10(2)(a)] - (1) Any person

intending to slaughter or to cause to be slaughtered or intending to

offer or to cause to be offered for slaughter a bull or bullock shall

apply in Form A to the Competent Authority of the area in which

 25

the bull or bullock is to be slaughtered, for the issue of a certificate

that the bull or bullock is fit for slaughter.

(2) On receipt of the application the Competent Authority shall fix a

date for the production of the bull or bullock for examination at a

place to be specified for the purpose and give intimation thereof to

the applicant.

(3) After examining the bull or bullock the Competent Authority

shall either issue a certificate in Form B or refuse to issue the

same. In either case it shall record its reasons on the application.

4. Slaughter of diseased animal. [Section 4(1)(a) and (b)] - (1) Any

person whose cow is suffering or is believed to be suffering from a

contagious or an infections disease and which is incurable shall

make an application in form C to the nearest Competent Authority

available, with a view to having it ascertained whether the cow is

really suffering from such a disease.

(2) The Competent Authority shall examine the animal on the date

and at the place previously fixed and intimate to the applicant and

if he is satisfied that the animal is suffering from any of the

contagious or infectious diseases and is incurable he shall issue a

certificate in Form D for its slaughter. In every case he will record

his findings on the application.

(3) After the certificate in Form D has been obtained, the owner of

such cow, may salughter it or cause it to be slaughtered either on

his own land or at a place reserved for this purpose by a local

Authority.

5. Intimation of slaughter. [Section 4(2)] - When a cow is so

slaughtered the person who slaughters or causes it to be

slaughtered shall, within 24 hours of the slaughter, lodge

information of the said slaughter in Form E with the Competent

Authority who granted the certificate in Form D.

 26

6. Disposal of carcass. [Section 10(h)] - The carcass of such a

cow will either be burried deep on the owner's own land or at a

place reserved for this purpose by a local authority.

7. Slaughter for experimentation. - [Section 4(1)(c)]. - The

slaughter of a cow, which is subjected to experimentation in the

interest of medical and public health research, shall, when done

without a certificate under the Act, be in accordance with the

following conditions :-

(a) the State Government or the District Magistrate shall be

intimated of the date and place of slaughter at least seven days

before the day of slaughter; and

(b) a register shall be maintained giving particulars of the cow

slaughtered, the date and places of their slaughter and the

experiment or research work undertaken :

Provided that the State Government may in public interest exempt

any person from the requirements of clause (a).

[7A. Export permit. - (1) A permit for the export of cows under sub-

section (2) of Section 4-B shall be issued in Form E.

(2) A special permit for the export of cows under Section 5A shall

be issued in Form EEE.

7B. Fee. - The fee for issuing a permit under Section 4B shall

be [one hundred and twenty rupees] in case of cow/heifer

and [forty] rupees in case of bull/bullock/ox/male calf.]

8. Prohibition of Sale of beef. [Section 5]. - No person shall sell or

transport or offer for sale or transport cause to be sold or

transported beef or beef product except under and in accordance

with the terms of a licence in Form F.

9. Procedure for obtaining licence. [Section 5] - (1) Any person

desirous of obtaining a licence in Form F or having that licence

renewed shall make an application in writing enclosing therewith a

 27

treasury challan of Rs. 25/- deposited in Haryana Government

Treasury/or in a Scheduled Bank under "Head XXVIII - Animal

Husbandry other Receipts - Other Receipts" to the Licensing

Officer and the licence shall be granted or renewed as the case

may be, unless the authority for reasons to be recorded, refuses

the same.

(2) In case of refusal to grant or renew the licence, the fee

deposited by the applicant shall be refunded to him.

10. Acception and maintenance of uneconomic cows. [Section 6] -

The Government Gosadans, Khol, District Gurgaon and

Mandewala, District Ambala already set up in Haryana State will

take up the functions of reception, maintenance and care of

uneconomic cows sent to these institutions by the individual or

private farms or others. These shall be charged a reception fee of

Rs. 20/- per cow from all persons :

Provided that no such fee shall be changed for any institution run

by the Government.

11. Term of Licence. [Section 10(2)(e)] - (1) Subject to the

provisions hereinafter contained, licence shall remain in force upto

the end of the year in which it is granted or renewed.

(2) a licence shall terminate on the death of the licence-holder, or,

if granted to a firm or company, on the winding up or transfer or

business of such firm or company.

12. Cancellation of a Licence. [Section 10(2)(e)] - The Licensing

Authority may, after allowing the licensee an opportunity of

showing cause against the proposed action, and for reasons to be

recorded in writing, cancel a licence.

 28

Form 'A'
Application for the certificate of Competent Authority
(See Rule 3)
To
The ___________________
(competent authority)
Sir,
I hereby request you to examine my ___________ (here describe the colour of the
animal and approximate age etc.) which is [above the age] of 15 years or has
become permanently unfit and unserviceable for the purposes
of [breeding]/[draught] and any kind of agricultural operation and issue me a
certificate for the slaughter of the said ___________ as required under Rule 3 of
the Haryana Prohibition of Cow Slaughter Rules, 1972.
Yours faithfully,
___________________
(Signature of applicant)
Dated ___________ Address ___________
(To be recorded by the Competent Authority)
Date and place fixed for the production of the Animal ________________
Applicant intimated by _____________________ on ________________
Date on which and the place where the animal was examined __________
____________________________________________________________
Rejected/certified fit for slaughter for the following reasons :-
____________________________________________________________
Competent Authority
Dated ___________, 1997
District ___________
 29

Form 'B'
(Certificate of fitness of slaughter)
(See Rule 3)
It is hereby certified that the ___________ (here describe the colour of the animal,
etc.) is over the age of 15 years or it has become permanently unfit and
unserviceable for the purposes of draught and any kind of
agricultural [operation]/[breeding]. It is further certified that the permanent unfitness
of unserviceability has not been caused deliberately. The said animal may be
slaughtered at ___________ (Place).
[Competent Authority.]
District ___________
Date ___________
 30

Form 'C'
(Application of certificate of disease)
(See Rule 4)
To
___________
Sir,
I request you to examine my ___________ here describe the colour of the animal
and approximate age) which is suspected to be suffering from ___________ a
notified contagious or infectious disease and to issue me a certificate for the
slaughter of the said ___________ as required under the Haryana Prohibition of
Cow Slaughter Rules, 1972.
Yours faithfully,
Signature ___________
Address _____________
Dated ___________

(To be recorded by the Competent Authority)

Date and place fixed for the examination of animal __________________
Applicant intimated by __________________ on ____________________
Date on which and the place where the animal was examined __________
The animal is not suffering from ________________________________
My reasons for the finding are __________________________________
Competent Authority
District ___________
Dated ___________
 31

Form 'D'
(Certificate of Disease)
(See Rule 4)
I ___________ Competent Authority of ___________ having examined ________
hereby certify that there are reasonable grounds for confirming that the
___________ is suffering from ___________ a notified contagious disease and
may be slaughtered.
Competent Authority
District ___________
Dated ___________
 32

Form 'E'
(Information of slaughter)
(See Rule 5)
To
Competent Authority
This is to intimate that the __________ has been slaughtered on _________ at
_________ within the premises of _________ vide certificate No. _________,
dated _________ issued by the Veterinary Officer/Veterinary Assistant Surgeon
______
Dated __________
Signature and address of
Slaughter or owner.
 33

[Form "EE"]
[See Rule 7A(1)]
Permit
Book No. __________
Serial No. __________
Shri __________ son of Shri __________ resident/proprietor __________ is
permitted to export __________ cow (the description whereof is given hereunder)
from the State of Haryana to __________
(Place/Station/State).
Description of cows :
(1) Number of cows in milk (with suckling)/heifer/bull/ox/bullock/male calf.
(2) Number of dry cows
(3) Identification mark tattooing No./tag No.
(4) Age
(5) Breed and colour, etc.
This permit is valid for thirty days only from the date of its issue.
Signature with stamp of the Sub-Divisional Officer (A.H.)
Animal Husbandry Department
 34

Form EEE
[See Rule 7A(2)]
Special Permit
Book No. __________
Serial No. __________
Shri __________ son of Shri __________ resident/proprietor of __________ is
permitted to export __________ cow (the description whereof is given hereunder)
from the State of Haryana to ____________ (Place/Station/State).
Description of cows :
(1) Number of cows in milk (with suckling)/heifer/bull/bullock/male calf.
(2) Number of dry cows
(3) Identification mark tattooing No./tag No.
(4) Age
(5) Breed and colour, etc.
This permit is valid for sixty days only from the date of its issue.
Signature with stamp of the special permit issuing authority.
 35

Form 'F'
Licence to sell or transport beef and products for medicinal purposes)
(See Rule 9)
Book No. __________
Serial No. __________
Shri __________ son of Shri __________ resident/proprietor of __________ is
permitted to sell or transport or offer for sale or transport or cause to be sold or
transported beef and beef products within the limits of __________ for medicinal
practitioner during the period up to December 31, 197 __________.
Signature and designation of Licensing Authority
Date of issue __________
Renewed for the period upto
Signature and Designation of Licencing Authority
 36

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CIVIL WRIT PETITION NO. ________OF 2018

Naresh Kadyan --Petitioner

Versus

State of Haryana & others --Respondents

(A)
INDEX
Sr. Particulars Dated Pages Court
No. Fees
1. List of Dates and Events 17.04.2018 1-4 --

2. Civil Writ Petition 17.04.2018 5-12 50.00

3. Affidavit 17.04.2018 13-14 --

4. Annexure P-1(Act) 19.11.2015 15-23

5. Annexure P-2(Rules) 05.05.1972 24-35

6. Annexure P-3(Reply) 05.05.2016

7. Annexure P-4(Reply) 07.06.2016

8. Annexure P-5(Email) 16.11.2017

9. Annexure P-6(Letter) 18.03.2016

10. Annexure P-7(Letter) 26.04.2016

11. Annexure P-8(Reply) 03.06.2016 01.95

12. Annexure P-9(Reply) 03.11.2017 00.65

13. Annexure P-10(Reply) 31.05.2017

14 Annexure P-11 02.11.2017 01.30

(Reply)
15. Annexure P-12 07.11.2017 00.65
(Reply)
16. Annexure P-13 04.12.2017
(Reply)
17. Annexure P-14 12.12.2017 00.65
(Representation)
18 Vernacular Annexure P-8 03.06.2016
(Reply)
19. Power of Attorney 01.01.2018 02.65

Total

NOTES:
1. That the main law points involved in this writ petition are
contained in Para No.19 at Page No.10 of the Writ Petition.
 37

2. Relevant Rules/Act/Statutes:
(i) Constitution of India.
(ii) Haryana Gauvansh Sanrakshan and Gausamvardhan
Act, 2015
3. Similar case if any: Nil
4. Whether Caveat Petition has been filed in this case: NO

CHANDIGARH (RAVINDER SINGH DHULL)

DATED: 17.04.2018 Advocate
Counsel for the Petitioner

P/991/2003
 38

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH

CIVIL WRIT PETITION NO. ________OF 2018

Naresh Kadyan --Petitioner

Versus

State of Haryana & others --Respondents

(B)
----------------------------------------------------------------------------------
TOTAL COURT FEES RS.
----------------------------------------------------------------------------------

----------------------------------------------------------------------------------

CHANDIGARH (RAVINDER SINGH DHULL)

DATED: 17.04.2018 Advocate
Counsel for the Petitioner