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State of West Bengal - Section

Section 4 in The West Bengal Animal Slaughter Control Act, 1950

4. Prohibition of slaughter of animal without certificate.—

(1)Notwithstanding anything in any other law for the time being in force or in any usage to the contrary, no person shall slaughter any animal unless he has obtained in respect thereof a certificate under sub-section (2) or sub-section (3) that the animal is fit for slaughter.
(2)The President of a municipality or a Panchayat Samiti, as the case may be, and the Veterinary Surgeon may issue a certificate under their joint signatures that an animal is fit for slaughter if they are both of opinion (which shall be recorded) that—
(a)the animal is over fourteen years of age and unfit for work or breeding, or
(b)the animal become permanently incapacitated from work or breeding due to age, injury, deformity or any incurable disease.
(3)Where there is a difference of opinion between the President of a municipality or a Panchayat Samiti, as the case may be, and the Veterinary Surgeon as to the issue of a certificate under sub-section (2), the matter shall be referred to the Veterinary Officer and a certificate shall be issued or refused according as the Veterinary Officer is opinion that the animal is fit to be slaughtered or is not so fit.
(4)Where under sub-section (3) a certificate is issued or refused, the order granting or refusing issue of the certificate shall be signed by the Veterinary Officer.
(5)Any person aggrieved by the refusal to issue a certificate under this section may, within fifteen days from the date of the communication to him of such refusal, appeal to the State Government against the order of refusal, and the State Government may pass such orders thereon as it thinks fit.
(6)The State Government may, at any time for the purpose of satisfying itself as to the legality or propriety of any act ion taken under this section, call for and examine the record of any case, and may pass such orders thereon as it thinks fit.
(7)Subject to the provisions of this section, any action taken under this section shall be final and shall not be called in question in any court.