CHHATTISGARH GOSEVA AYOG ACT, 2004 THE CHHATTISGARH
GOSEVA AYOG ACT, 2004 [No. 23 of 2004] An Act to establish a
Goseva Ayog for the preservation and welfare of cattle in the State, for
supervision and control of institutions and to provide for matters connected
therewith and incidental thereto. Be it enacted by the Chhattisgarh Legislature in
the fifty-fifth Year of the Republic of India as follows : (1) This Act may be called the Chhattisgarh Goseva Ayog
Act, 2004. (2) It extends to the whole of the State of
Chhattisgarh. (3) It shall come into force from the date of its
publication in the Official Gazette. In
this Act unless the context otherwise requires :-- (a) "Ayog" means the Chhattisgarh Goseva Ayog
established under Section 3; (b) "Agriculture Cattle" means cows of all
ages, calves of cows and of she buffaloes, bulls, bullocks, male and female
buffaloes; (c) "Chairperson" means the Chairperson of
the Ayog; (d) "Institution" means any charitable
institution engaged in cattle welfare and established for the purpose of
keeping, breeding, rearing and maintaining cattle or for the purpose of
reception, protection, care, management and treatment of infirm, aged and diseased
cattle and includes Gosadhan, Goshala, Pinjrapole, Gorakshan Sansthan and their
Federation or Union registered under any enactment for the time being in force
or otherwise; (e) "Member" means a member of the Ayog or
its committee and includes the Chairperson. The
State Government shall constitute a body to be known as the Goseva Ayog. The
Ayog shall consists of the Chairperson and the following members : 1.
Ex-officio
members.? (i) Agriculture Production Commissioner; (ii) Secretary, Rural Development Department; (iii) Director, Veterinary Services; (iv) Director, Agriculture; (v) Registrar, Co-operative Societies; (vi) Secretary/Additional Secretary, Agriculture
(Veterinary); (vii) Director General of Police; (viii) An Officer to be nominated by Finance Department
not below the rank of Deputy Secretary; (ix) An Officer of State Bank of India not below the
rank of Asstt. General Manager; (x) Additional Director/Joint Director of Veterinary
Services, who shall also be the Secretary of the Ayog; (xi) Five non-official members to be nominated by the
State Government preferably from persons having interest in cattle welfare; 2.
The
Ayog may invite officers or expert as special invitees as and when necessary. 3.
The
State Government may constitute district and block level committees as may be
prescribed under rules. (1) The State Government shall appoint Chairperson and
Members of the Ayog. (2) Chairperson and non-official members of the Ayog
shall hold office for a period of three years from the date of the appointment. No
person shall be eligible for appointment as a non-official member if he-- (a) is not a citizen of India; (b) has not attained the age of twenty one years; (c) has been adjudged by a Competent Court to be of
unsound mind; (d) has been sentenced by any Court to imprisonment for
an offence involving moral turpitude; (e) has been dismissed from the service of the
Government for misconduct and has been declared to be disqualified for
employment in public service, and (f) is an undischarged insolvent. (1) There shall be paid to the non-official members
such allowances as may be prescribed. (2) A non-official member may resign his office in
writing under his hand addressed to the State Government. (3) The State Government shall remove a member from the
office of non-official member if he : (a) becomes an undischarged insolvent; (b) is convicted for an offence, which, involves moral
turpitude; (c) is declared unsound mind by Competent Court; (d) remains without obtaining leave of absence from the
Ayog, remains absent from three consecutive meetings; or (e) has, in the opinion of the State Government so
abused the position of Chairperson or Members as to render that person to
continue in office being detrimental to the interests of cattle or the public
interest. In
the event of death, resignation or disqualification of a non-official member or
of his becoming in capable of acting before the expiry of his term of office, a
casual vacancy shall be deemed to have occurred in such office and such vacancy
shall be filled as early as possible by appointment of a person thereto as
member who shall hold office for the unexpired term. (1) The Headquarter of the Ayog shall be at Raipur. (2) The Ayog shall hold meetings at least twice in a
year and shall keep record of its proceedings. (3) The meetings of the Ayog shall be convened by the
Chairperson who shall, preside the meeting and in the absence of the
Chairperson, the members present shall elect one from amongst themselves to
preside. No
act or proceeding of the Ayog shall be deemed to be invalid by reason merely of
any vacancy in, or any defect in the constitution of the Ayog. Subject
to such rules as may be made in this behalf, the State Government may, for the
purpose of enabling the Ayog to efficiently discharge its functions under this
Act, provide such number of officers and other employees as may be considered
necessary. (1) On the commencement of this Act every Institution
shall within 3 months thereof submit an application for registration under this
Act in such manner as may be prescribed. (2) The application shall be accompanied by such fees
as may be prescribed. (3) The Ayog shall after such enquiry as it deems fit
issue a certificate of registration in such form as may be prescribed. (4) The Ayog shall maintain a register of institution
registered with it in such forms as may be prescribed. (5) Whenever any change occurs in any of the
particulars relating to any institution recorded in the register as prescribed
under sub-section (4), the person entrusted to act on behalf of the institution
shall report the change to the Ayog which shall after such enquiry as it deems
fit make the necessary changes in the register. (6) The accounts of every institution which has been
registered under this Act, shall, be prepared each year on the thirty-first day
of March and its accounts shall be audited annually in the prescribed manner. The
Ayog shall perform the following functions : (a) To ensure the protection afforded to cattle under
any law for the time being in force including seizure and custody of the cattle
being carried for slaughtering or likely to be slaughtered in contravention of
any law in force and to initiate criminal action against accused persons; (b) To ensure? (i) Proper and timely implementation of the laws
referred to in clause (a) and to propose remedial measures regarding the
implementation of programmes of the State Government under Goshala Development
Schemes; (c) to ensure active participation of the institutions
in the development of indigenous breeds of cattle; (d) to promote health care of cattle; (e) to ensure care and management of cattle seized in
violation of any enactment for the time being in force; (f) to ensure proper management and care of infirm and
aged cattle maintained by any institution. (g) to supervise and inspect the institutions; (h) to promote cultivation of improved variety of
fodder-seed production programmes and pasture development activities; (i) to co-ordinate with Agriculture Universities and
other Research Institutions dealing with cattle and fodder development programmes
and to ensure active participation of the institutions to adopt new scientific
technology; (j) to suggest such measures which may be helpful in
strengthening of the institutions which are economically weak; (k) to give financial assistance to the institutions; (l) to enquire into complaints in the functioning of
any institution; (m) to perform such other functions as may be assigned
by the State Government; (n) to appoint such Agricultural Cattle Welfare
Officers who shall work for implementation of newly formed Chhattisgarh
Agricultural Cattle Preservation Act, 2001, to take action including detention
and search of agricultural cattle, detention and search of vehicles, seizure of
agricultural cattle and to take cattle into custody and initiate prosecution; (o) to take custody of the agricultural cattle seized
and to entrust them to the nearest Goshala, Gosadan or any Cattle Protection
institution or to any person pending the disposal of the prosecution
proceedings. The
funds of the Ayog shall consist of grants made by the Government, fees raised,
and penalties imposed by it, donations, gifts. All
funds of the Ayog shall be kept in a Nationalised Bank and shall be operated by
the official as may be authorised by the Ayog. In
order to enable the Ayog to perform the functions under this Act, the Ayog may
call for information or report from any department of the State Government or
any body or authority or any Institution and the department or body or
authority or the institution. (1) The Ayog shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts in such form as
may be prescribed. (2) The accounts of the Ayog shall be audited by the
Accountant-General at such intervals as may be specified by him and any
expenditure in connection with such audit shall be payable by the Ayog to the
Accountant-General. (3) The Accountant-General and any person appointed by
him in connection with the audit of the accounts of the Ayog under this Act
shall have the same rights and privileges and authority in connection with such
audit as the Accountant-General generally has in connection with the audit of
Government accounts and, in particular, shall have the right to demand the
production of books, accounts, connected vouchers and other documents and
papers and to inspect any of the offices of the Ayog. The
Ayog shall prepare, in such form for each financial year, as may be prescribed,
its annual report, giving a full account of its activities during the previous
financial year and forward a copy thereof to the State Government. (1) Upon receipt of annual report made under Section
17, the State Government may take such action as deemed fit. (2) A copy of the report made to the State Government
together with a report of the action taken thereon by the State Government
under sub-section (1) shall be laid on the table of the Legislative Assembly. The
State Government may call for such reports, returns and statements from the
Ayog from time to time as it considers necessary. (1) In the discharge of its functions under this Act,
Ayog shall be guided by such directions on the question of policy as may be
given by the State Government. (2) If any dispute arises between the State Government
and the Ayog as to whether a question or is not a question of policy, the
decision of the State Government shall be final. All
members and officers of the Ayog shall be deemed, while acting or purporting to
act, in pursuance of any provisions of this Act, to be public servants within
the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860). No
suit, prosecution or other legal proceedings shall lie against any member,
officer or servant of the Ayog for anything which is done or intended to be
done in good faith under this Act. (1) The State Government may make rules generally for
carrying out the provisions of this Act. (2) and in particular and without prejudice to the
generality of the foregoing provisions, such rules may provide for all or any
of the following matters, namely :-- (a) terms and conditions of service of employees of the
Ayog; (b) allowances which may be paid to members of the
Ayog; (c) the manner in which the institutions shall be
registered; (d) the manner in which and the authority which shall
operate the funds of the Ayog; (e) the manner in which complaints shall be entertained
by the Ayog and mode of enquiry; (f) the form and manner in which and the time within
which the reports are to be submitted by the Ayog; (g) the fee on the payment of which the registration
shall be made and the form in which registration certificate shall be issued; (h) to constitute district and block level committee; (i) any other matter not specifically covered under
this section. (3) All rules made under this Act shall be laid on the
table of the Legislative Assembly.
Preamble - Chhattisgarh Goseva Ayog
Act, 2004PREAMBLE