JUDGEMENT
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(1.) We have heard the learned counsel for the parties at length. On 23-8-2012, this Court passed a detailed order1 giving positive directions to all the State Governments and Union Territories to constitute their respective Committees in terms of the decision taken by the Union of India on 26-4-2012.
(2.) We are informed that all the State Governments and Union Territories have already constituted their respective Committees, as directed by this Court on 23-8-2012 Laxmi Narain Modi v. Union of India, 2014 2 SCC 417. We are now concerned with the question as to whether these Committees are effectively and properly functioning and taking steps for proper implementation of the provisions of the various legislations, referred to in the previous order.
(3.) It is pointed out that though the Committees have been constituted but they are not effectively and properly discharging their functions referred to in para 4 of the order [dated 26-4-2012 of MoEF as extracted in para 8 of the order of the Supreme Court] dated 23-8-2012 Laxmi Narain Modi v. Union of India, 2014 2 SCC 417. We reproduce the said para 4, for ready reference:
"8. 4. Functions of the State Committee for Slaughterhouses so constituted may be as follows:
(i) To identify and prepare a list of all the slaughterhouses (SHs) located within the Local Self-Government (Municipal Corporations, Panchayats, etc.)
(ii) To call for reports from the District Magistrate or the Deputy Commissioner and District Food Safety Inspector as the case may be on the condition/functioning of the SHs and also on the compliance with the relevant applicable laws.
(iii) To recommend modernisation of old slaughterhouses (SHs) and to relocate SHs which are located within or in close proximity of a residential area.
(iv) To recommend appropriate measures for dealing with solid waste, water/air pollution and for preventing cruelty to the animals meant for slaughter.
(v) To carry out surprise and random inspections of SHs regularly and to issue directions for compliance with the recommendations that may be made by it.
(vi) To send biannual reports on the State SHs to the Central Committee and to refer issues that may require the Central Committee recommendations or the Central Government assistance.
(vii) To accord final approval for licensing of SHs to Local Self-Government.
(viii) To identify on an ongoing basis, the unlicensed slaughterhouses in the region, and other unlicensed, unlawful establishments where animals are being slaughtered, on howsoever small scale, and take the help of the District Magistrate and other law enforcement agencies to crack down on the same.
(ix) To check for child labour.
(Action: AWD)";
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