Gujarat Animal Preservation (amendment) Rules, 2011, India-legitquest

Do check our products such as, LIBIL: litigation check tool to mitigate legal risk, Patrol: case management tool to monitor and collaborate on cases, and legal research tool to access largest legal database.

GUJARAT ANIMAL PRESERVATION (AMENDMENT) RULES, 2011

PREAMBLE

WHEREAS the Government of Gujarat is satisfied that circumstances exist which render it necessary to take immediate action to make rules and to dispense with the previous publication thereof under the proviso to sub-section (3) of section 15 of the Gujarat Animal Preservation Act, 1954 (Bom. LXXII of 1954);

NOW, THEREFORE, in exercise of the powers conferred by subsection (1) of section 15 of the said Act, the Government of Gujarat hereby amends the Bombay Animal Preservation (Gujarat) Rules, 1967 as follows, namely:-

Rule - 1.

These rules may be called the Gujarat Animal Preservation (Amendment) Rules, 2011.

Rule - 2.

In the Bombay Animal Preservation (Gujarat) Rules, 1967 (hereinafter referred to as "the said rules"), for rule 2, the following rule shall be substituted, namely:-

"2. Definitions.-

(a) In these rules unless the context otherwise requires,-

(i) 'Act' means "the Gujarat Animal Preservation Act, 1954 (Bom. LXXII of 1954);

(ii) "authority or officer" means authority or officer specified in the Schedule appended to these rules, for issuing permit;

(iii) 'Bona fide agricultural or animal husbandry purposes' means-

(a) milk production,

(b) breeding,

(d) draught,

(e) treatment, vaccination, quarantine, isolation for control and containment of disease/s and other related veterinary services,

(f) fodder availability,

(g) natural calamities like flood, draught, earthquake, famine, etc.,

(h) race, competition, exhibition or show purpose,

(i) research, conservation and administrative,

(j) sale/sell of animal/s for bona fide purpose/s as listed above, and

(k) such other like purpose;

(iv) 'Form' means a Form appended to these rules;

(v) 'permit' means the permit issued by the authority or officer in Form IV issued under sub-rule (2) of rule 6;

(vi) 'Schedule' means Schedule appended to these rules;

(vii) 'section' means a section of the Act;

(b) Words and expressions used in these rules but not defined in these rules shall have the meanings assigned to them in the Act".

Rule - 3.

In the said rules, existing rule 6 shall be renumbered as rule 7 and before rule 7 as so renumbered, the following rule shall be inserted, namely:-

"6. Application to grant permit. -

(1) A person who intends to transport or cause to be transported any animal specified in sub-section (1A) of section 5 for bona fide agricultural or animal husbandry purpose, within the State may make an application to the authority or officer in Form III.

(2) On receipt of an application made under sub-rule (1), the authority or officer shall if he is satisfied that there is no objection to grant the application, may issue a permit in Form IV subject to such terms and conditions specified therein.

(3) An applicant shall keep the permit during all the time of transportation.

(4) The authority shall preserve the copy of application with enclosed documents, if any, and a copy of permit for one year and the same shall be submitted to the State Government whenever required.

Rule - 4.

In the said rules, after rule 7, the following Schedule shall be inserted, namely:-

"SCHEDULE

[See rule 2(a)(ii)]

Following shall be the "Authority or Officer" for issuing permit under sub-section (2) of section 6A of the Act:

(a) Talati,

(b) Gram Sevak

(d) President and Vice-President of Taluka Panchayat,

(e) Taluka Development Officer,

(f) Mamlatdar and Deputy Mamlatdar,

(g) President, Vice-President, D.D.O., Dy. D.D.O., T.D.O. of District Panchayat,

(h) President, Vice-President, Chief Officer, Dy. Chief Officer, Asst. Chief officer or equivalent officers of Municipality and Mayor, Deputy Mayor, Commissioner, Dy. Commissioner, Asst. Commissioner, or equivalent officers of Municipal Corporation,

(i) President, Vice President, Secretary of village milk co-operative society, President, Vice President, Secretary of Village Seva Sahakari Mandali (Co-operative Society),

(j) Office bearers of registered Panjarapole, Infirmaries, Gaushala, Society for Prevention of Cruelty to Animals (SPCA), Animal Welfare Organisation.

(k) Live stock inspector, Veterinary Officer, Assistant Director, Deputy Director, Joint Director, Director of Animal Husbandry Department.".

Rule - 5.

In the said rules, after Form II, the following Forms shall be added, namely:-

"FORM III

(See rule 6)

APPLICATION FORM

I request to grant the permit to transport animal/s within the Gujarat State, for bona fide agricultural or animal husbandry purpose/s.

I ................................................................................, belong to

Village:-	Taluka:-	District:-....................
I intend to transport following animal/s:-

from

Village:-.......................

Taluka:-

District:-....................

To (name of the place) between (Date) and (Date)

Village:-......................................	Taluka:-........................,	District:-........................................
for bona fide agricultural and/or animal husbandry purpose/s by Vehicle............................ Registration number Name of the Owner of Vehicle........................ Name of Driver ...................... Name of Cleaner..................... Or details of any other way of conveyance........................
Sr. No.	Animal Category	Number of Animals to be transported
Sr. No.	Animal Category	In figures	In words
1	Cow
2	Male calf
	(a) Castrated male calf
3	(b) Un-castrated male calf
4	Female calf
5	Bulls
6	Bullocks
Total Number of specified animals to be transported

For the purpose/s listed below:-____

Sr. No.	Purpose/s for the Transportation	Please (V) the purpose/s	Sr. No.	Purpose/s for the Transportation	Please (V) the purpose/s
(i)	For milk production,		(vi)	For fodder availability
(ii)	For breeding purpose		(vii)	In case of Flood, draught/famine, feed unavailability and as a part of disaster management
(iii)	For Agricultural Purpose		(viii)	For race, competition, exhibition and show purpose
(iv)	For Draught purpose		(ix)	For research, conservation and administrative purpose/s
(v)	For treatment, vaccination, quarantine, Isolation for control and containment of disease/s and other related veterinary services		(x)	For sale/sell of animal/s for bona fide purpose/s as listed above
			(xi)	Other like purpose (state the purpose)

DECLARATION

(1) The information given in the application is true and correct to the best of my knowledge.

(2) The documentary evidences submitted with this application are true and correct.

(3) I will not contravene any of the provisions of the Gujarat Animal Preservation Act, 1954 and the rules made there under in respect of animals to be transported.

(4) I will keep 'Permit' during transportation.

Place:-____________

Signature or thumb Impression of the applicant

_______________________________________

Date:-______________

Time:-________(am/pm)

Name:-__________________________________

Note:- An applicant can use this copy of an application or may make an application in hand written form as prescribed 'Form-III'

FORM IV

(See rule (2))

PERMIT

(For intrastate transport of animals specified in sub-section 1(A) of section 5 of the Gujarat Animal Preservation Act. 1954)

Issuing Authority:- (Full Name) and Designation:-

Village:-...............

Taluka:....................

District:..............

Date:- __/__/____

This permit is valid only for 3 (three) Days after the date of issue.

Shri ___________________belongs to,

Village:.........................	Taluka:-.........................	District:-.....................
is permitted to transport following described animal/s.

from

Village:-........................

Taluka:-.........................

District:-.......................

To (name of the place) between (Date) and (Date)

Village:-.......................	Taluka:-.....................	District:- ....................
for bona fide agricultural and/or animal husbandry purpose

Sr. No.	Animal Category	Number of Animals to be transported
Sr. No.	Animal Category	In words	In figures
1	Cow
2	Male calf
	(a) Castrated male calf
3	(b) Un-castrated male calf
4	Female calf
5	Bulls
6	Bullocks
Total Number of specified animals to be transported

Detail of vehicle used for animal's transportation under this permit-
Type of Vehicle
Registration Number of Vehicle
Name of Vehicle Owner
Name of Driver
Name of Cleaner
Detail of any other way of conveyance

Purpose of transportation as per application ________________________ in reference of his/her application dated:-_________

CONDITIONS

(1) This permit is granted for transportation of above animals from the place stated in the permit to the place in the State and is not valid for transportation to another State.

(2) The permit holder must keep this 'PERMIT' during transportation.

(3) The permit holder shall strictly follow the provisions with regard to carriage of animals as provided under the Gujarat Motor Vehicles Rules, 1989.

(4) The permit shall be valid for transportation of animals as are specified in the permit.

(5) The permit shall be valid only for the purpose as specified in the permit.

(6) The permit holder shall submit the permit to any authority or officer as and when demanded.

Place:-________________

Signature of issuing Authority:____________________

Name:_______________________________

Designation:_________________________

with Seal:-________________________

Date:-________________

Time:-______________(am/Pm)

To Shri_________________________________________(APPLICANT) of

Village:- ......................,

Taluka:-..................

District:-.....................

By order and in the name of the Governor of Gujarat,

(Bakul Shah)

Deputy Secretary to Government.

To,

-Principal Secretary to H.E. The Governor, Rajbhavan, Gandhinagar. (By Letter)

-Secretary, Vidhansabha, Gandhinagar. (by letter)

-Hon. Chief Minister, Sachivalaya, Gandhinagar

-All the Ministers, Ministers of state, Parliamentary Secretaries, Sachivalaya, Gandhinagar.

-The Registrar General, Gujarat High court, Ahmedabad. (By letter)

-Leader of Opposition, Vidhansabha, Gandhinagar.

-Chief Secretary, sachivalaya, Gandhinagar.

-Additional Chief Secretary, Home Department, Sachivalaya, Gandhinagar

-Secretary, Home Department, Sachivalaya, Gandhinagar

--With a request to instruct all concerned authorities.

-Secretary, Legislative Department, Sachivalaya. -with a request to translate in Gujarati and publish in official gazette

-Director General of Police, Gandhinagar.

-All Commissioner of Police

-All District Supdt. of Police

-All Departments, Sachivalaya, Gandhinagar.

-All District Magistrates and collectors

-All District Development Officers

-All Municipal Corporations, Nagarpalikas, District Panchayats, Taluka Panchayats, Gram Panchayats--with a request to draw attention to all concerned

-Accountant General-Rajkot, Ahmedabad.

-All district treasury officers

-Pay and account officer, Gandhinagar.

-Director, Animal Husbandry, Gujarat State, Gandhinagar......with a request to draw attention to all Joint Dir, Dy. Dir. Asst Dirs, V.O's and any other such officers

-Member Secretary, Gau Seva Ayog, Gandhinagar. --with a request to draw attentions of all Gaushala, Panjarapoles, Infirmaries, etc.

-M.D., GCMMF, Ananad, Gujarat.

-All Dairy unions and all Village Milk Co-op societies----through Director, Animal Husbandry, Gujarat State, Gandhinagar

-Select File

GUJARAT ANIMAL PRESERVATION (AMENDMENT) RULES, 2011