Section 5
. Subs. by sec. 5 of the U.P. Act No. 14 of 2002.
5 . Subs. by sec. 5 of the U.P. Act No. 14 of 2002.
Prohibition of Cow Slaughter
Ommission of section 4 Prohibition on sale of beef
Regulation on on transport of cow, etc.
Establishment of institutions
(4) The form of permit, the form of application therefor and the procedure for disposal of such application shall be such as may be prescribed. (5) The State Government or any officer authorized by it in this behalf by general or special notified order, may, at any time for the purpose of satisfying itself or himself, as to the legality or propriety of the action taken under this section, call for and examine the recored of any case and pass such orders thereon as it or he may deem fit.] 1 (6) Where the said conveyance has been confirmed to be related to beef by the competent authority or authorised labarotary under this act, the driver, operator and owner related to transport, shall be charged with the offence under this act, unless it is not prooved that transport medium used in crime, despite all its precautions and without its knowledge, has been used by some other person for causing the offence. (7) The vehicle by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules, shall be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner of Police will do proceedings of the confiscation and released, as the case may be. (8) The cow and its progeny or the beef transported by the seized vehicle shall also be confiscated and seized by the Law Enforcement Officer. The concerned District Magistrate/Commisioner will do all proceedings of the confiscated and release as the case may be. (9) The expenditure on the maintenance of the seized cows and its progeny shall be recovered from the accused for a period of one year or till to release of the cow andi ts progeny in favour of the owner thereof whichever is earlier. (10) Where a person is prosecuted for committing abetting, or attempting to an offence under section 3, 5 and 8 of this Act and the beef or cow-remains in the possesion of the accused has been prooved by the prosecution and transported things are confirmed to be beef by the competent authority or authorized labarotary, then the court shall presume that such person has committed such offence or attempt or abettment of such offence, as the case may be, unless the contrary is proved. (11) Where the provision of this act or the related rules in context of search, acquisition, disposal and seizure are silent, the relevant provisions of the code of criminal procedure, 1973 shall be effective thereto. 2 [5B. Whoever causes any physically injury to any cow or its progeny so as to endanger the life thereof such as to mutilate its body or to transport it in any situation whereby endangering the life thereof or with the intention of endangering the life thereof does not provide with food or water shall be punished with imprisonment for a term which shall not be less than 1 year and which may extend to 7 year and with fine which shall not be less than one lakh rupees and which may extend to three lakh rupees. 3 [6. There shall be established by the State Government or by any society registered under the Societies Registration Act, 1860 with prior permission of the State Government under such terms and conditions as local authority wherever so directed by the State Government, or by a may be prescribed, institutions as may be necessary for taking case of cows, bulls or bullocks.]