The Chhattisgarh goseva ayog Act, 2004

1. (1) This Act may be called the Chhattisgarh Goseva Ayog Adhiniyam, 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 -

1. (a) "Ayog" means the Chhattisgarh Goseva Ayog established under Section 3;
2. (b) "Agriculture Cattle" means cows of all ages, calves of cows and of she buffaloes, bulls, bullocks, male and female buffaloes;
3. (c) "Chairperson" means the Chairperson of the Ayog;
4. (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 Goshadan, Goshala, Pinjrapole, Gorakshan Sansthan and their Federation or Union registered under any enactment for the time being in force or otherwise;
5. (e) "Member" means member of the Ayog or its committee and includes the Chairperson.

1. (1) As soon as may be after the commencement of this Act, the State Government shall, by notification, constitute a body to be known as the Chhattisgarh Goseva Ayog to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Ayog shall consist of the following members, namely:- (a) Chairman; (b) Vice-Chairman; (c) Members not exceeding 10 including the representatives of Goshala Sanghs, experts in animal husbandry, social workers and distinguished persons in the field of Goseva; (d) Director, Veterinary Services (Ex-officio); (e) An officer not below the rank of Deputy Secretary (Ex-officio), Finance Department; (f) Secretary/Chief Executive Officer of the Ayog. (3) The Chairman, Vice-Chairman and other members shall be appointed by the State Government. (4) The term of the office of the Chairman, Vice-Chairman and other members shall be for a period of three years from the date of their appointment.

The Chairman, Vice-Chairman or any other member may resign from his office by giving notice in writing under his hand to the State Government and the seat shall be deemed to be vacant from the date of acceptance of the resignation by the State Government.

1. (1) The State Government may remove the Chairman, Vice-Chairman or any member if he: (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Ayog, absent from three consecutive meetings of the Ayog; (f) has, in the opinion of the State Government, so abused the position of Chairman, Vice-Chairman or member as to render that person's continuance in office detrimental to the interest of the public. (2) No person shall be removed under this section until he has been given a reasonable opportunity of being heard in the matter. (3) A member who has been removed under sub-section (1) shall not be eligible for re-appointment as a member of the Ayog.

There shall be paid to the non-official members such allowances as may be prescribed. A non official member may resign his office in writing, under his hand addressed to the State Government.

1. (a) becomes an undischarged insolvent;
2. (b) is convicted in an offence which involves moral turpitude;
3. (c) is declared of unsound mind by Competent Court;
4. (d) fails, without obtaining leave of absence from the Ayog, remains absent from three consecutive meetings; or
5. (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.

1. (1) The State Government shall make available to the Ayog such officers and staff as may be necessary for the efficient performance of the functions of the Ayog. (2) The salary and allowances of the officers and staff appointed under sub-section (1) shall be met from the grants provided to the Ayog by the State Government. (3) The administrative control and power of disciplinary action over the staff shall be as may be prescribed.

1. (1) The functions of the Ayog shall be as follows:- (a) to advise the State Government on all matters relating to the protection, preservation and development of cows; (b) to co-ordinate the activities of the Goshalas and to advise them on scientific management of cows; (c) to supervise the implementation of the laws relating to the protection and preservation of cows; (d) to promote the growth of Goshalas and other institutions meant for Goseva; (e) to arrange for the training of workers for Goshalas; (f) to provide for the grazing land and other facilities for cows; (g) to promote the breeding of indigenous bulls; (h) to take all necessary steps for the welfare of cows. (2) The Ayog may also perform such other functions as may be assigned to it by the State Government from time to time.

The Ayog shall, for the performance of its functions, have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents.

The State Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Ayog by way of grants such sums of money as the State Government may think fit for being utilized for the purposes of this Act.

1. (1) On the commencement of this Act every institution shall within 3 months submit an application for registration under this Act in such manner as may be prescribed.
2. (2) The application shall be accompanied by such fees as may be prescribed.
3. (3) The Ayog shall after such enquiry as it deems fit issue a certificate of registration in such form as may be prescribed.
4. (4) The Ayog shall maintain a register of institution registered with it in such form as may be prescribed.
5. (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. (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.

1. (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 such authority at such intervals as may be prescribed. (3) The audited accounts together with the audit report thereon shall be forwarded to the State Government.

The Aayog 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 or any law in force and to institute 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 Pashudhan Development Schemes. (c) To ensure active participation of the institution in the development of indigenous breeds of cattle. (d) To promote health care of cattle. (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. (l) To enquire into complaints on 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 custody and initiate prosecution proceedings.

The Ayog shall meet as and when necessary and at such place as the Chairman may think fit, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed.

In order to enable the Aayog to perform the functions under this Act, the Aayog, may call for information or reports from any department of the State Government or any body or authority or any institution and the Department, body or authority or the institution.

1. (1) The Aayog 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 Aayog 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 Aayog to the Accountant General. (3) The Accountant General and any person appointed by him in connection with the audit of the accounts of the Aayog 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 Aayog.

Aayog shall prepare once in every year in such form and at such time as may be prescribed an annual report giving true and full account of its activities during the previous financial year and forward a copy thereof to the State Government.

1. (1) Upon receipt of annual report made under section 17, the State Government may take such action as it considers necessary. (2) The annual report together with the action taken 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 Aayog from time to time as it considers necessary.

In the discharge of its functions under this Act, Aayog shall be guided by such directions on the question of policy as may be given by the State Government.

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. (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 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.