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

Published vide Notification No. G.N., A. & C.D., No. WEP-1976/55898-7-ADF, dated the 15th October, 1976 (M.G., Part 4-B, p. 1341)

mh386

LEGISLATIVE HISTORY 6

· Amended by Corrigendum, A. & C.D., No. WFP- 1977/5620/7-ADF, dated the 11th July, 1977 (M.G., Part IV-B, p. 589)

· Amended by G.N., A. & C.D., No. WFP-1976/65709/7-ADF, dated 24th January, 1978 (M.G., Part IV-B, p. 87)

· Amended by G.N., A. & C.D., No. WFP- 1977/39939/7-ADF, dated 27th February, 1978 (M.G., Part IV-B, p. 460)

· Amended by G.N., A. & C.D., No. WFP-1977/5620/7-ADF, dated 10th March, 1978 (M.G., Part IV-B, p. 421)

· Amended by G.N., A. & C.D., No. WFP-1986/13469/C6486)/7-ADF, dated 5th August, 1986 (M.G., Part IV-B, p. 662)

· Amended by G.N.A., A.H., D.D., & F.D., No. AMC. 1587/50265/(235/ 89J/ADF-8, dated 28th September, 1990 (M.G.G., Part IV-B, pp. 2525-2531)

· Amended by G.N.A., A.H., D.D., & F.D., No. Sankirn. 1093/31497/CR-1012/93/ADF-8, dated 14th June, 1997 (M.G.G., Part IV-B, dated 2.4.1998, p. 1065)

· Amended by G.N.A., A.H., D.D., & F.D., No. AMC. 1020/32757/CR-517/ADF-8, dated 15.11.2003 (M.G.G., Part IV-B.)

In exercise of the powers conferred by sub-sections (1) and (2) of section 18 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976 (Maharashtra XLV of 1976) and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by subsection (3) of the said section 18 namely :-

Short title.- These rules may be called the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976.
Definitions.- In this rules, unless the context otherwise requires,-

(a) "The Act" means the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976;

(b) "Form" means Form appended to these rules;

(c) "Identification mark" means brand number or tattoo number or any similar number as may be determined by the Licensing Officer in relation to cattle.

(d) "Year" means a year commencing on the 1st day of April.

[(e) Words or expressions used in these rules, but not defined, shall have the meanings respectively assigned to them in the Act.]

Grant or renewal of 'Class A' licence.- (1) Any person intending to have or renew "Class A" licence shall apply to the Licensing Officer in Form D.

(2) Every "Class A" licence shall be in Form 'A' and may be granted to a licensee for any number of cattle not exceeding three.

(3) No "Class A" licence shall be issued unless the applicant :

(i) obtains specific permission from the Municipal Commissioner or the Municipal Council or the head of the local authority concerned in writing for keeping cattle at his residence and attaches a copy thereof to the application;

[(ii) * * *];

(iii) certificates that he has adequate land and other facilities such as water supply attached to his residence;

[(iv) * * *]

(v) attaches to the application a 'no objection' certificate from his neighbour for keeping cattle at his residence.

Application for 'Class B' licence.- (1) Any person intending to have [* * *]"Class B" licence shall apply to the Licensing Officer in Form D.

[(1-A) Any person intending to renew "Class B" licence shall apply to the Licensing Officer in "Form H"].

(2) Every "Class B" licence shall be in Form C and may be granted either for the complete herd of cattle owned by the applicant and accommodated in one stable or separately for each herd of cattle.

Court fees on application for licence.- (1) Every application for a licence shall bear the court-fee stamp of [rupees fifty]only and shall be accompanied by the licence fee of [Rs. 50 (Rupees fifty only)]per head of [buffalo and cow] per year or for a part of the year.

(2) Where the applicant is a minor, the application shall be signed also by the guardian of the minor and the applicant shall have to prove to the satisfaction of the Licensing Officer that the person signing the application is his lawful guardian :

[Provided that, the application for a licence within the urban areas declared as under sub-clauses (ii) and (iii) of clause (k) of section 2 of the Act, shall be accompanied by the licence fee of Rs. 50 (Rupees Fifty) only per head of cattle per year or for a part of the year.]

(3) Every licence granted under the Act shall be valid upto the 31st March following and shall be renewable from April each year.

Grant, refusal or renewal of licence.- (1) On receipt of an application under rule 3 or rule 4, the Licensing Officer, having regard to sub-section (3) of section 5 of the Act, shall decide in accordance with the procedure specified in sub-section (2) of that section, whether to grant or renew the licence or refuse to grant or renew it.

(2) If the Licensing Officer decides to grant a licence, he shall require the person making an application, by an order in writing, to produce the cattle for being branded with the identification mark before such Officer and on such date as may be specified in the order.

(3) Every cattle shall be branded with such distinctive identification mark as will identify the cattle in the manner determined by the Licensing Officer.

(4) No licence [(including the licence in the urban areas declared as such under sub-clauses (ii) and (iii) of clause (k) of section 2 of the Act)] shall be issued unless the cattle is so produced and branded and the fee for branding at the rate of [Rs. 5 (Rupee five only)] per cattle is paid by the applicant.

Application for renewal to be made within a month.- An application for renewal shall be made within one month of the expiry of the licence and shall be accompanied by a fee in the manner prescribed in rule 5 :

[Provided that, it shall be competent for the Licensing Officer to accept the application after the expiry of the said period on payment of the late fee of [Rs. 5 (Rupees five)] [per month], per Cattle] :

[Provided further that, it shall be competent for the Licensing Officer to accept the application after expiry of the said period on payment of the late fee of Rs. 5 (Rupees Five) only per month or part of a month, per cattle, for the urban areas declared as such under sub-clauses (ii) and (iii) of clause (k) of section 2 of the Act].

Issue of Duplicate Licence.- When the Licensing Officer is satisfied that any licence is lost, destroyed or mutilated, he may issue a duplicate licence, [on application in Form I]and payment by the licensee of a fee of Rs. 10 (Rupees ten) only per licence.
Application for permit under Section 7 of the Act.- An application for permit under section 7 of the Act for bringing into any urban area or any part thereof any cattle shall be made to the Licensing Officer in Form F and shall be accompanied by a fee of [Rs. 20 (Rupees twenty only)][per head of buffalo and cow, whether milch, dry or barren.] The permit shall be in Form E.

[Provided that the application for such permit in the urban areas declared as such under sub-clauses (ii) and (iii) of clause (k) of section 2 of the Act, shall be accompanied by a fee of Rs. 20 (Rupees Twenty) only per head of cattle.]

Appeal.- (1) A person aggrieved by an order of the Licensing Officer refusing to grant or renew a licence or suspending or cancelling a licence or refusing to grant permission and permit to import cattle in the urban area may appeal to the Appellate Authority in Form G in accordance with the provisions of section 8 of the Act.

(2) The appeal in Form G shall bear a court-fee stamp of Rs. 10 (Rupees ten) only.

(3) The appellant shall attach with the appeal -

(i) a copy of the application which he had made to the Licensing Officer for grant or renewal of licence or permit;

(ii) a copy of the order issued by the Licensing Officer refusing to grant or renew a licence or suspending or cancelling a licence or refusing to grant him permission and permit for import of cattle in the urban area, as the case may be.

Refund of Fees.- In the event of refusal to grant or to renew a licence or to grant a permit, the applicant shall be entitled to a refund of fee remitted by him along with the application, provided such a request is received within sixty days from the date of refusal communicated to the applicant or if an appeal is filed and in appeal the refusal is confirmed, form the date of the decision of the Appellate Authority, whichever is later.

Form A

[See sub-section (1) of section 5 of the Act and sub-rule (2) of rule 3 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976.]

"Class A"

Licence for keeping Cattle

Subject to the provisions of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976 and the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976 and also the terms and conditions specified below, Shri.................. is hereby granted this licence for keeping the following cattle at the following place for a period ending March, 197 :

Type and number of cattle .................................

Buffalo/Cow/Heifer/Calf/Bull .............................

Identification Mark .......................................

Full address of the place where the cattle is to be kept, including details regarding shed number and location of cattle ................

Number of the stable ..................................................................

Full name and address of the householder ..............................

Number of licence ..................................................

Date of Issue ......................................................

Licensing Officer

[Seal]

Conditions

(1) This licence shall be produced on demand for inspection.

(2) The licensee shall not sell to any person in any circumstances milk of the cattle for which this licence is granted. Milk of the cattle is meant exclusively for consumption by himself and members of his family.

(3) The licensee shall have his cattle examined from time to time by the Veterinary surgeon or such other officer as the Licensing Officer may direct. He shall give immediate notice to the Licensing Officer of the out-break of any infectious disease amongst cattle and shall forth with remove the cattle suffering from infectious or dangerous disease from his premises to a hospital or sick-ward approved by the Licensing Officer.

(4) The place at which cattle are kept and the area surrounding the same shall be kept clean and tidy to the satisfaction of the Licensing Officer or Inspector, by removing, from time to time, urine, dung, unused fodder and waste material therefrom and by washing the same thoroughly at least twice a day.

[(5) * * *]

(6) Nothing shall be kept hanging from the roof of the stable under which cattle are kept.

(7) Bulls or bullocks, if any, shall be accommodated in a separate shed.

(8) Deaths among cattle shall be immediately notified to the Licensing Officer by the licensee and the carcass with the skin intact shall be removed from the stable premises forthwith to a place of disposal approved by the Licensing Officer.

(9) The licensee shall surrender the licence or produce it for necessary correction to the Licensing Officer as soon as cattle in respect of which it is issued dies.

(10) The licensee shall afford such reasonable facilities as are necessary for inspection of animals and places where they are kept.

(11) The licensee shall comply with any direction that may be given to him from time to time by the Licensing Officer in regard to the maintenance of cattle or the stable premises or both.

(12) The licensee shall not brand or tattoo any other cattle with identification mark which is assigned to a particular cattle nor deface or alter any identification mark put on the cattle by the Licensing Officer.

(13) The Licensing Officer or the Inspector may enter and inspect any premises in which cattle are kept to find out whether the provisions of this Act or the rules made thereunder or the conditions of this licence or any directions given by the Licensing Officer are carried out or to obtain any information from the Licensee in respect of cattle or the stable.

Number of licence......................

Date of issue......................

Licensing Officer

[Seal]

Form B

[See sub-section (1) of section 5 of the Act and sub-rule (1) of rule 3 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976.]

Application for 'Class A' licence for Keeping Cattle

To,

The Licensing Officer,

1.	Applicant's full name (in block letters)	:...........................................
2.	Applicant's residential address	:...........................................
3.	Is the applicant a minor? If so, state name and address of the guardian :	:...........................................
4.	Since when is the applicant keeping cattle	:...........................................
5.	The number of cattle kept by him during the last 10 years -
	1966-67	:...........................................
	1967-68	:...........................................
	1968-69	:...........................................
	1969-70	:...........................................
	1970-71	:...........................................
	1971-72	:...........................................
	1972-73	:...........................................
	1973-74	:...........................................
	1974-75	:...........................................
	1975-76	:...........................................

I hereby apply for the grant of "Class A" licence for keeping the following cattle at my residence :-

Type and number of cattle ........................ Buffalo/Cow/Heifer Calf/Bull.

I hereby declare that I keep the above cattle at my residence and that on the date of application................. are in milk and.................. are dry (specify the number of each).

[I hold a licence from................... Municipal Corporation/Municipal Council/other Local authority for keeping the above cattle at my residence, a copy of which is enclosed.

I hold no Municipal licence for the above cattle.

I have not previously applied for such a licence.]

I certify that I have adequate land and other facilities such as water supply attached to my residence for keeping cattle.

[* * * *]

I have read/got read, and understood the provisions of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976 and the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976, and the conditions of the licence to be issued thereunder and I agree to abide by them.

I hereby remit a fee of Rs. ...................

I solemnly declare that what is stated above is true to the best of my knowledge and belief.

Date : ..................

Signature or Thumb impression of the applicant.

Thumb impression attested by................

Signature of the guardian of a minor if the applicant is a minor....................

[Form C]

Licence No....................

[See sub-section (1) of section 5 of the Act and sub-rule (2) of rule 4 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976].

'Class B' - Licence for keeping cattle

Subject to the provision of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976, and the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976 and also subject to the terms and conditions specified overleaf.

Shri/Shrimati....................... is/are hereby granted this Licence for keeping the following cattle at the following place for a period ending March 19

Photograph

Type and number of cattle …...............................

Buffaloes............... Cow............... Heifer............... Calf............. Bull............................

Identification mark

Full address of the place, where the cattle is to be kept, including details regarding shed number and location of cattle

No. of the stable

Full name and address of the stable owner

Name in full of the licensee.

Number of licence.

Date of issue

Licensing Officer

Conditions

(1) This licence shall be produced on demand for inspection.

(2) The licensee shall have his cattle examined from time to time by the Veterinary Surgeon or such other officers, as the Licensing Officer may direct. He shall give immediate notice to the Licensing Officer of the out break of any infectious or dangerous disease amongst cattle and shall forthwith remove the cattle suffering from any infectious of dangerous diseases from his premises to a hospital or sick-ward approved by the Licensing Officer.

(3) The place at which cattle arc kept and the area surrounding the same shall be kept clean and tidy to the satisfaction of the Licensing Officer or Inspector, by removing from time to time, dung, urine, unused fodder and waste material therefrom and by washing the same thoroughly at least twice a day.

(4) All dung and waste matter shall be removed and dumped or dispose of in a place approved by the Licensing Officer or Inspector outside a radius of 100 meters but within the limit of 5 kilometers from the premises in which cattle are kept.

(5) Nothing shall be kept hanging from the roof of the stable under which cattle are kept.

(6) Bulls or bullocks, if any, shall be accommodated in a separate shed.

(7) Deaths among cattle shall be immediately notified to the Licensing Officer by the licensee and the carcass with skin intact shall be removed from the stable premises forthwith to a place of disposal approved by the Licensing Officer.

(8) The licensee shall surrender the licence or produce it for necessary correction to the Licensing Officer as soon as the cattle in respect of which it is issued dies.

(9) The licensee shall afford such reasonable facilities as are necessary for Inspection of animals and places where they are kept.

(10) The licensee shall comply with any direction that may be given to him from time to time by the Licensing Officer in regard to the maintenance of cattle or the stable premises or both.

(11) The licensee shall not brand or tattoo any other cattle with identification mark which is assigned to a particular cattle, nor deface or alter any identification mark put on the cattle by the Licensing Officer.

(12) The Licensing Officer or the Inspector may enter and inspect any premises in which cattle are kept to find out whether the provisions of the Act or the rules made thereunder or the conditions of this licence or any directions given by the Licensing Officer are carried out or to obtain any information from the licensee in respect of cattle or the stable.

Number of Licence ....................

Date of issue ..................

Licensing Officer .................

[Form D]

[See sub-section (1) of section 5 of the Act and sub-rule (1) of rule 4 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976]

Application for 'Class B' Licence for keeping cattle

To,

The Licensing Officer,

(1)	Applicant's full name (in block Letters).
(2)	Applicant's Residential Address.
(3)	Address of Applicant's place of carrying on trade.
(4)	Names of partners, if any, together with their addresses or the names of Directors of Managing Agents in the case of a Company.
(5)	Is the applicant a minor? if so state name and address of the guardian.
(6)	Since when is the applicant carrying on the trade of dairy-man or milk seller?
(7)	Approximate number of cattle kept by him in the area specified each year, for the last 10 years -

	Sr. No.	Year	No. of cattle	Sr. No.	Year	No. of cattle
Here affix Court Fee Stamp of Rs. 2	(1) (2) (3) (4) (5)			(6) (7) (8) (9) (10)

I/We hereby apply for the grant of 'Class B' licence for keeping the following cattle at the following place :-

Type the number of cattle................ Buffaloes............... Cow............ Heifer............... Calf............. Bull................

Full address of the place where the cattle is to be kept.

Number of the Stable

Full name of the Cattle Owner

Address of the Cattle Owner

I/We, hereby declare that I/We keep the above cattle at the place shown above.

[I/We hold a licence from the ................. Municipal Corporation/Municipal Council/Other Local Authority for keeping the above cattle at ............... a copy of the licence is enclosed.

I/We hold no municipal licence for the above cattle.

I/We have not previously applied for such a licence.]

I/We have read/got read, and understood the provisions of the Act and of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976 and also the conditions of the licence to be issued thereunder and I/we agree to abide by them.

I/We hereby remit a fee of Rs. ................. (Rupees..................) (in words)

I/We hereby submit 3 copies of my latest passport size photograph.

I/We hereby submit my 3 specimen signatures duly attested by a Gazetted Officer.

I/We solemnly declare that what is stated above is true to the best of my knowledge and belief.

Signature or Thumb impression of the Applicant.

Date :

Thumb impression attested by.....................

Signature of the guardian of a minor, if the applicant is a minor.

[Form E]

[See rule 9 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976]

Permit for Bringing Cattle in the Urban Areas

Subject to the provisions of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976 and of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976 and also the terms and conditions specified below, and with reference to his/their application No..................... in Form F, dated ................. Shri/Shriyuts................ is/are hereby granted a permit to bring inside the urban area or part thereof known as .................... the cattle specified below :

Buffaloes	Cows	Heifers
Calves	Bulls

Conditions

(1) The permit is valid for a period of forty-five days from the date of its issue.

(2) The cattle imported under the permit issued to the licensee shall be for the replacement of the cattle for which the licence has been issued. The total number of cattle maintained by him should not in any case exceed the number sanctioned in the licence.

[(3) * * *]

[(3)] The permit holder shall report to the Licensing Officer the date/s of arrival of cattle imported under the permit and their exact number.

[(4)] The permit shall stand cancelled on violation of any of the above mentioned conditions.

Date ..............

Licensing Officer

Seal

[Form F]

[See rule 9 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976]

Application for Permit for Bringing Cattle Inside Urban Area

(1)	Name of applicant (in block letters)	.........................................
(2)	Full Address	.........................................
(3)	Number and date of the licence or licences, [* * *] held by the applicant under the above mentioned Rules	.........................................
(4)	Number and type of cattle which the applicant desires to bring inside the Urban Area	.........................................
(5)	Purpose for which cattle are proposed to be imported	.........................................
(6)	Mode of transport of cattle (By Road/Rail/Air/Sea.)	.........................................
(7)	Location of the place where the cattle will be kept	.........................................

I have read/got read, and understood the provisions of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976 and the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976, and the conditions of the permit to be issued thereunder and I agree to abide by them.

I hereby remit a fee of Rs. ..............

I solemnly declare that what is stated above is true to the best of my knowledge and belief.

Date.............

Signature or Thumb impression of the Applicant.

Form G

[See section 8 of the Act and rule 10 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976]

Appeal Against the Order of the Licensing Officer

[In the matter of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Act, 1976, and the rules made thereunder]

To,

(Appellate Authority)
Applicant's full name (in block letters)	.....................................
Applicant's residential address	.....................................
Address of applicant's place of carrying trade	.....................................
If the applicant is a minor, the name of his guardian (in block letters)	.....................................
Residential address of guardian	.....................................

Names of the partners, if any, together with their addresses or the names of Directors and Managing Director in the case of a Company .........................................

[I had applied on .............. 197 in Form 'B'/Form 'D'/Form 'F' for grant/renewal of Class 'A' licence/Class 'B' licence/cattle import permit to the Licensing Officer.............. I enclose a copy of the application.

I was holding Class TV/Class 'B' licence No................... dated the ..........197 .]

By his order No. ........ dated............ the Licensing Officer has refused [to grant/to renew]the Class 'A'/'Class 'B' [licence/permit]for import of cattle/ [has suspended/cancelled] my licence. I enclose a copy of the said order.
Being aggrieved by the said order, I hereby appeal against the order. I pray that the Licensing Officer be directed to [grant/renew]the Class 'A'/'Class 'B' [licence/to issue]the permit/ [that the Licensing Officer's order suspending/cancelling] my licence may be set aside.
I received the intimation of the said order on the.............. day of ............. 19............
This appeal [is not filed]within thirty days of the date of which I received the intimation of the said order.

Date.............

Signature of thumb impression of the applicant.

Thumb impression attested by.......................

Signature of the guardian of a minor if the applicant is minor.

[Form H]

[See sub-section (1) of section 5 of the Act and sub-rule (1-A) of rule 4 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976]

Application for renewal of Class B Licence for keeping cattle

To,

The Licensing Officer, …............................... …...............................
(1)	Licensee's full name (in Block Letters)		................................
(2)	Licensee's Residential Address		................................
(3)	Address of Licensee's place of carrying on trade		................................
(4)	Names of Partners, if any, together with their addresses or names of the Directors and Managing Agents in the case of the Company ................................
(5)	Licence number		................................
(6)	Licensed strength of cattle		................................
	Buff	................
	Cow	................
	Bull	................
	Total Cattle	................
(7)	Strength of cattle at present
	Buff	................
	Cow	................
	Bull	................
	Total	................
(8)	Year for which licence is to be renewed		................................

I/We hereby declare that I/we keep the above cattle at the place shown above.

I/We hold a licence from................. Municipal Corporation/Council/Other Local Authorities for keeping the above cattle at...................)

A copy of the licence is enclosed.

I/We hold no Municipal Licence for the above cattle.

I/We have read/got read, and understood the provisions of the Act and of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976 and also conditions of the licence issued thereunder and I/We agree to abide by them.

I/We hereby remit a fee of Rs..................... (Rupees................) (...............) (in words)

I/We solemnly declare that what is stated above is true to the best of my/our knowledge and belief.

Signature/thumb impression of applicant.

Place : .............

Date: ..............

[Form I]

[See rule 8 of the Maharashtra Keeping and Movement of Cattle in Urban Areas (Control) Rules, 1976]

Application for issue of duplicate licence

To.

The Licensing Officer, ............................... ...............................

Sub : Issue of duplicate copy of the licence

Sir,

I hereby inform you that, the licence, the details of which are given below, is lost/destroyed/mutilated on or about................ day.............. of month/or the year......................

(1)	Licencees name	......................
(2)	Licence number	......................
(3)	Licence strength of cattle	......................
	Buff.................
	Cow..................
	Bull ................
	Total ...............