THE PUNJAB GOATS (RESTRICTION) ORDINANCE, 1959 (XLII of 1959) CONTENTS 1. Short title and extent. 2. Definitions. 3. Restriction on grazing, etc. of goats. 4. Power to regulate movement of goats. 5. Power to regulate slaughter of goats. 6. Penalty. 7. Offence to be cognizable and bailable. 8. Powers of certain officers to arrest the offender. 9. Person arrested and goat seized to be released on bond. 10. Power to try the offence summarily. 11. Protection of action taken under the Ordinance. 12. Power to make rules. TEXT 1 THE 2 [PUNJAB] GOATS (RESTRICTION) ORDINANCE, 1959 (XLII of 1959) [18 July 1959] An Ordinance to restrict the number of goats in 3 [the Punjab]. Preamble.– WHEREAS it is expedient in the public interest to restrict the number of goats in the Province of 4 [the Punjab]; NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and in exercise of all p owers enabling him in that behalf, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance:– 1. Short title and extent.– (1) This Ordinance may be called the 5 [Punjab] Goats (Restriction) Ordinance, 1959. (2) It extends to the whole of the Province of 6 [the Punjab], except 7 [* * *] 8 [the Tribal Areas]. 2. Definitions.– In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say– (i) “Government” means the 9 [Provincial Government of the Punjab]; (ii) “prescribed” means prescribed by rules made under this Ordinance; (iii) “slaughter-house” means any building, premises or place used in connection with the business of killing or s laughtering animals intended for human consumption, and shall include a public slaughter -house 1This Ordinance was promulgated by the Governor of West Pakistan on July 16, 1959 , published in the Gazette of West Pakistan (Extraordinary), dated July 18, 1959, pp. 689-692; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974) (w.e.f. 14.8.1973) published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, Part III, Entry No. 29. 3Ibid. 4Ibid. 5Ibid. 6Ibid. 7Deleted the words “the Federal Capital and” by the West Pakistan Goats (Restriction) (Amendment) Ordinance, 1961 (XXVII of 1961) published in the Gazette of West Pakistan (Extraordinary), dated October 20, 1961, p. 2539, s. 2. 8Substituted for the words “the Special Areas” by the West Pakistan Laws (Adaptation) Order, 1964 (w.e.f. 8.6.1962), published in the Gazette of West Pakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, Article 2 read with Schedule, Part VIII, Entry No. 20. 9Substituted for the words “ Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974) (w.e.f. 14.8.1973) published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule, Part III, Entry No. 29. maintained by a local authority and a private slaughter -house duly licensed for that purpose under any law for the time being in force. 3. Restriction on grazing , etc. of goats .– Government may, by notification 1 , declare that in any specified area, hereinafter referred to as local area, it shall be unlawful– (a) after twelve months of the publication of the notification, to graze or pasture goats on any land; and (b) after eighteen months of the publication of the notification, to keep goats: Provided that Government may in any area permit the keeping of goats subject to such conditions as may be prescribed. 4. Power to regulate movement of goats .– Government may in such manner as may be prescribed regulate 2 the leading, driving, conducting or conveying of goats in any local area. 5. Power to regulate slaughter of goats.– Government may in such manner as may be prescribed regulate the slaughter of goats including t he proportion of the goats to the sheep that may be slaughtered in a slaughter-house on any day. 6. Penalty.– Any person who contravenes the provisions of section 3, section 4 or section 5 or such of the rules made under this Ordinance as may be specified shall be punished with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in addition thereto the goat concerned in the offence shall be forfeited to Government. 7. Offence to be cognizable and bailable .– Notwithstanding any thing contained in the Code of Criminal Procedure, 1898 3 , an offence punishable under this Ordinance shall be cognizable and bailable within the meaning s of the said Code. 8. Powers of certain officers to arrest the offend er.– (1) Any officer specially empowered by Government in this behalf may, without order from a Magistrate and without a warrant, arrest any person committing an offence under this Ordinance or the rules made thereunder and may seize the goat concerned in the offence. (2) The officer making an arrest under sub -section (1) shall, without unnecessary delay and subject to the provisions of this Ordinance as to release on bond, take or send the person arrested and such goat to the nearest police station. 9. Person arrested and goat seized to be released on bond .– (1) Any officer making an arrest under sub -section (1) of section 8 shall release such person on his 1See Notification No. 1 -1(17)-SOAH-II(P&D)/59, dated December 22, 1959, publishe d in the Gazette of West Pakistan (Extraordinary), dated December 22, 1959, p. 1921. 2For routes along which goats moving or conducted from Azad Kashmir shall move or be conducted , see Notification ibid., p. 1922. 3V of 1898. executing a bond to appear, when so required, before the officer in charge of the nearest police station. (2) Where any officer, as aforesaid, has seized any goat, he shall release it to the person from whose possession it was seized or to the owner thereof on his executing a bond for producing it before the officer in charge of the nearest police station. 10. Power to try the offence summarily.– An offence under this Ordinance shall be summarily triable and in such proceedings the provisions for summary trial prescribed in the Code of Criminal Procedure, 1898 1 , shall apply. 11. Protection of action take n under the Ordinance .– No suit shall lie against any officer for anything done by him in good faith under this Ordinance. 12. Power to make rules .– (1) Government may, after previous publication, make rules 2 to carry out the purposes of this Ordinance. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:– (a) procedure for application of this Ordinance to any local area; (b) conditions and procedure for permission to keep goats in a local area; (c) regulation of the leading, driving, conducting or conveying of goats in or through a local area; (d) regulation of the proportion of goats and sheep slaughtered in a slaughter-house; and (e) maintenance of records and submission of returns relating to slaughter of goats and sheep. 1V of 1898. 2The rules “ the W est Pakistan Goats (Restriction) Rules, 196 1” issued vide Notification No. N.I -1-17-SOAHII(AGRI)/61, published in the Gazette of West Pakistan, dated September 15, 1961, Part I, p. 479.