s (Act No. 21 of 1975.)
Received the assent of the President on the 24th day of April, 1975.
An Act to prohibit sacrifice of annuals 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 Slate Legislature in the Twenty-sixth Year of the Republic of India, as follows-
1. Short title, extent and commencement -
(1) This Act shall be called the Rajasthan Animals and Birds Sacrifice (Prohibition) Act, 1975.
(2) It shall extend to the whole of the State of Rajasthan.
(3) It shall conic into force in such date as the State Government, may by notification in the Official Gazetted, appoint.
2. Definition - In this Act, unless the context otherwise requires
(a) Temple premises' means a mandap, building attached to the temple, and a land attached to the temple, which is generally used for the purpose of worship, in the temple, whether such kind 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;
(b) 'Sacrifice' means killing or mutilating an animal or a bird with the intention or for the purpose, of pleasing a deity or a God;
(c) '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; and
(d) '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.
3. Sacrifice of animals or birds in, or within the premises of, a temple; or in any place of pubic religious worship prohibited -
No person shall sacrifice as animal or 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, -
(a) officiate of offer to officiate at; or
(b) perform or offer to perform; or
(c) 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 -
(a) situated in a temple or, its premises or in any other place of public religious worship; and
(b) in his possession or under his control.
6. Punishment -
(1) 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 upto 6 months or with fine up to Rs. 500/- or with both simultaneously.
(2) 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 upto 3 months or with fine upto Rs. 300/- or with both simultaneously.
7. Hearing of offence - The offence falling under this Act shall be heard by a Judicial Magistrate of the First Class.
8. Issue of Prohibitory Order -
(1) 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.
(2) 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 upto 1 year or with fine upto 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 -
(1) 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 whore the sacrifice is going to be performed in contravention of the provisions of this Act for obtaining a prohibitory order under Section 8.
(2) On receiving the information that and 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.