Uttarakhand Protection of Cow Progeny (Amendment) Rules, 2018

(1) These rules may be called The Uttarakhand State Protection of Cow Progeny (Amendment) Rules, 2018. (2) It shall come into force at once.

In the Uttarakhand State Protection of Cow Progeny Rules, 2011 (hereinafter referred to as principal rules), the existing rule as setout in column-1 below the rule 2(f) as setout in column-2 shall be inserted; namely-- (e) The Local Authority shall comparise the Gram Panchayat, Kshetra Panchayat, District Panchayat, Nagar Panchayat, Municipality and Municipal corporation. (f) "uneconomic cow progeny" means homeless old/sick/injured/ disabled/ unproductive or case property cow progeny confiscated by police/administration from cow smuglar.

In rule 4 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- The Veterinary Officer shall inform the applicant about the date, time and place for the examination of the cow progeny and carry out the examination of cow progeny and if it is proved that the said cow progeny is suffering from a infectious or/ communicable disease notified by the State Government which is incurable and the animal is in pain then the Veterinary Officer shall provide technical advice to Sub-District Magistrate (SDM) regarding euthanasia of the said animal. Sub-District Magistrate (SDM) shall provide permission regarding euthanasia of said animal on the amended Proforma "2".

In rule 18 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- For registration of their cow progeny in urban areas, the animal owners shall have to apply to Veterinary Officer appointed at Government Veterinary Hospital of the concerned area on the amended Proforma "10". In the case animal owner doesn't registered cow progeny, the intimation about such animal owners shall be conveyed by concerned Veterinary Officer to Municipal Commissioner/Executive Officer/In charge of Police station on Proforma 10A. Taking cognizance of the same, concerned Municipal Commissioner/Executive Officer/In charge of Police station shall take appropriate legal action against such animal owners under section 11(A) & subsection (3) of section 11 of the Uttarakhand Protection of Cow Progeny act, 2007 (as amended time to time).

In rule 19 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- After receiving the application the Veterinary officer of the concerned area shall examine the of every cow progeny of the applicant and issue Health Certificate as per Proforma "11" in three copies. First copy of Health Certificate shall be issued to applicant, second copy shall be sent to Chief Veterinary Officer of the district & third copy shall be kept as office copy.

In rule 21 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- 1. The animal owner will pay the fee to Veterinary Officer of the concerned area as determined by the State Government for the each cow progeny health certificate and registration. 2. The examination of health and registration of sheltered cow progeny in Gau Sadans, recognized for shelter of unproductive cow progeny shall be made without any fee for health certificate or registration certificate.

In rule 22 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- (1) After issuing the Health Certificate, the Veterinary Officer of the concerned area shall issue a Registration Certificate in three copies of each animal on amended Proforma "12". The ear tag number of each animal shall mentioned in Registration Certificate. First copy of Registration Certificate shall be issued to applicant, second copy shall be sent to Chief Veterinary Officer of the district & third copy shall be kept as office copy. (2) The Chief Veterinary Officer of the district shall enter the full details of each animal owner and registered cow progeny in the 'Cow Progeny Registration Register' on prescribed Proforma "14" and acquaint the quarterly Progress of the Cow Progeny Registration Register to concerned local body.

In rule 23 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- If in case the ear tags of the animals registered and lost, the animal owner shall inform the Veterinary Officer in writing in this regard and the procedure of re registration shall be followed based on the provisions of Rule 20 & 21.

In rule 24 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- If any person contravenes or makes an attempt to contravene the provisions of section 7 and 8, then necessary action may be taken against such person to punish under sub-section (3) of section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 (as amended time to time) by the competent authority authorized for compounding according to section 11A of the Act. In accordance of such competent authority authorized for compounding may proceed with the challan proceeding according to Proforma 15 and compound the offence according to Proforma 16. If convicted animal owner doesn't pays the fine imposed by compound within a month, the case may be referred to court for trial.

In sub rule (2) of rule 25 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- Those organization which has it's own land free from any dispute and is in the possession of the organization, shall be given preference. The applicant organization shall have to give certified copies of the documents regarding the State Government not issuing any notification in gazette for acquiring the proposed land. In case applicant organization has the land on lease, it has to submit the proof regarding period of lease being for next 30 years. In case applicant organization is running the Gausadan for unproductive cow progeny, ion rented land/building, it shall not be entitled for government grants on construction heads. In case such an organization qualifies all other norms for recognition, it shall be entitled for maintenance grants of cow progeny free of levy Veterinary & other technical services at the Government Veterinary Hospitals and all other facilities as decided by the State Government.

In rule 26 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- Non government institutions established for providing shelter to uneconomic cow progeny shall be sanctioned government grants on maintenance and strengthening head that Provide the institutions providing shelter to less than 50 unproductive cow progeny shall not be entitled for grants in plain region and the institutions providing shelter to less than 25 productive cow progeny shall not be entitled for government grants in hill region. The grant applications of the institutions shall be sanctioned time to time according to the directions of Uttarakhand government and availability of budget. On maintenance head (for maintenance of cow progeny) grants shall be sanctioned on proportional manner based on the number of cow progeny sheltered by them.

In rule 27 of the principle rule the existing rule as setout in column-1 below the rule as setout in column-2 shall be substituted namely :-- Column-1 Existing Rule: All such grants shall be sanctioned under these six categories under Rule 26 only. The concerned applicant organization shall initially submit an initial estimate of site plan layout of the proposed construction at the proposed site. After the policy decision for the construction has been made the applicant will have to submit blue print of the site plan layout along with a head wise estimate of the same. The estimates to be submitted shall be on the approved rates of the Public Works Department and the rates shall be approved thereafter. Column-2 Rule Hereby substituted: All such grants shall be sanctioned under Rule 25 and Rule 26. Applicant institutions shall be approved construction grants based on Model Estimates/Designs as approved by state government. The construction grants & maintenance grants shall be approved based on time to time according to the directions of State Government and availability of budge.

In sub rule (1) of rule 29 of the principle rule the existing rule as set out in column-1 below the rule as setout in column-2 shall be substituted namely :-- Column-1 Existing Rule: 29. (1) All the applications will be examined by competent authority. After examination of all the issues related to these applications by the competent authority the following committee will select the organizations for grant of Government aid :-- (a) Hon'ble Minister - Chairman Animal Husbandry, Government of Uttarakhand; (b) Deputy Chairman of - Member Uttarakhand Gau Sewa Ayog; (c) Secretary Animal - Member Husbandry, Government of Uttarakhand; (d) Head of Department, - Member Department of Animal Husbandry, Uttarakhand; (e) Secretary, Uttarakhand - Member Gau Sewa Ayog Secretary; (f) Secretary, Uttarakhand - Member Animal Welfare Board. Column-2 Rule Hereby substituted: 29. (1) All the applications shall be examined by competent authority. After examination of all the issues related to these applications by the competent authority the following committee will select the organizations for grant of Government aid :-- (a) Minister, Animal - Chairperson Husbandry, Government of Uttarakhand; (b) Chairperson - Member Uttarakhand Gau Sewa Ayog; (c) Deputy Chairperson, - Member Uttarakhand Gau Sewa Ayog; (d) Deputy Chairperson, - Member Uttarakhand Animal Welfare Board; (e) Secretary, Animal Husbandry, Government of Uttarakhand - Member; (f) Head of Department, - Member Department of Animal Husbandry, Uttarakhand Secretary; (g) Secretary, Uttarakhand - Member Gau Sewa Ayog; (h) Secretary, Uttarakhand - Member Animal Welfare Board.

In the principle rules after rule 32, the following rules 33 & 34 with title shall be inserted as follows :-- 33. Establishment of Forensic Lab for analysis of bovine tissue: For analysis of bovine tissue in the cases of cow slaughter or suspected for cow slaughter the bovine tissue (muscles, blood, bone, skin, hairs or any other tissue) Forensic Lab may be established. State Government shall recognize this Forensic Lab through official notification under provisions of Cr. P. C. 34. Precedure for sampling, handover & analysis of bovine tissue: On written intimation of Incharge of concerned Police Thana/Chauki on Annexure-17, the Veterinary Officer appointed in the Government Veterinary Hospital of that area shall collect the bovine tissue sample (muscles, blood, bone, skin, hairs or any other tissue) through help of Police. The bovine tissue shall be handed over to Police on Annexure-18. Incharge of concerned Police Thana/Chauki shall send the bovine tissue sample under police custody, to notified Forensic Lab to get the forensic analysis done. The Director, Uttarakhand Animal Husbandry Department shall be competent authority to determine the quantity of bovine tissue, procedure and precautions for collection, manner of analysis etc. according to prevailing and available technique, time to time.

Proforma for expert examination report/ bovine tissue sample collection for forensic analysis in the cow slaughter cases or cases suspected for cow slaughter. From, Veterinary Officer/ Senior Veterinary Officer, Government Veterinary Hospital ................... To, Municipal Commissioner/Executive Officer, Municipal Corporation/ Municipality .................................................... Letter No. ............................................................. Dated ........................ Subject : Registration of cow progeny as per section 8 of Uttarakhand Protection of Cow Progeny (as Amended time to time) Act, 2007. Sir, It is to be stated that :- • From the date ................. to date ................. total ................. cow progeny have been registered as per section 8 of Uttarakhand Protection of Cow Progeny Act, 2017. The list of the same is annexed herewith/ has already been sent to you vide letter No. ......... Dated ...... from this office. Rest of the animal owners have yet to coopetate. • For the registration of cow progeny, Animal Husbandry Department is going to do Ear Tagging & Recording of Identification Marks is on dated ................. in the Ward No. ...... In the light of presently effective Government Order No.103/XV-I/2011/07(81)/2005 Dated 23 March, 2011 the levy for the Health Certificate/ Animal Registration Certificate is to be issued. It is stated that the animal farmers of the Ward No..... may be intimated through the Hon'ble Ward Member of the concerned ward. Necessary legal action as per section 11(3) & section 11(A) of the Uttarakhand Protection of Cow Progeny Act, 2017, against the animal farmers not cooperating. (Dr. .......................................................) Veterinary Officer/ Senior Veterinary Officer, Government Veterinary Hospital .................... Letter No. ...................................................../ Dated ........................ cc : 1. Incharge Police Thana/ Police Chauki ................................................................................ for necessary legal action as per section 8 & section 11(A) of the Uttarakhand Protection of Cow Progeny (Amendment) Act, 2015 against the animal farmers not cooperating. 2. Ward Member Ward No. ........... 3. Chief Veterinary Officer District ........................................................................ (Dr. .......................................................) Veterinary Officer/ Senior Veterinary Officer, Government Veterinary Hospital ....................

Proforma "12" Registration Certificate for Cow Progeny. As per the health certificate No. ............. issued by this office following animals of Sri ....................................................... S/o ....................................................... Resident of ....................................................... Post Office ................................................... Police Station ................................................... District ....................................................... are registered as given below :- S.N. Details of Animal (Color, Age, Lactation, Horns, Tail switch) Sex Tag No. Signature of Veterinary Officer : Name of Veterinary Officer : Date and Seal of Veterinary Officer :

Proforma "14" Register for Registration of Cow Progeny. Name of the Local Body : Name of District : Details of animals registered in the last trimester : S.N. Name & Address of Animal Owner. Registration No. Tag No. Sex Age Horns Identification details Body color & Tail switch. Signature of Chief Veterinary Officer : Name of Chief Veterinary Officer : Date & Seal of Chief Veterinary Officer :

Proforma for Panchnama/ Challan to be issued to the accused. Today on dated ............................ at place ................................ following animal owner/ owners was/ were found guilty for violation of the Uttarakhand Protection of Cow Progeny Act, 2007, Uttarakhand Protection of Cow Progeny (Amendment) Act, 2015 & the Uttarakhand State Protection of Cow Progeny (Amendment) Rules, 2016 :- 1. Name & Adress of Animal Owner/ Owners : .................................................................................................................................. 2. Details of the legal provisions violated under the above legal provisions : (a) Violation of section-7(a) of the Uttarakhand Protection of Cow Progeny Act, 2007 (leaving the cow progeny vagrant). (b) Violation of section-7(b) of the Uttarakhand Protection of Cow Progeny Act, 2007 (free wandering of cow after milching her). (c) Violation of section-8 of the Uttarakhand Protection of Cow Progeny Act, 2007 (not getting the cow progeny registered). Signature of witness (1) : ............................................ (2) : ............................................ Name of witness (1) : ............................................ (2) : ............................................ Address of witness (1) : ............................................ (2) : ............................................ Notice to the accused for getting the offence compounded by the authority. You ........................................................ Father's Name ....................................................... R/O ........................................................ Police station ....................................................... District ....................................................... are hereby informed that you were found guilty for violation of provisions of the Uttarakhand Protection of Cow Progeny Act, 2007 / the Uttarakhand Protection of Cow Progeny (Amendment) Act, 2015 & the Uttarakhand State Protection of Cow Progeny Rules, 2016 as mentioned above. Therefore your expected to be present in the office of Mukhya Nagar Adhikari/Executive Officer/ Police Thana/ Police Chauki (slash that is not applicable) ............................... by dated.................... to get the offence compounded by the authority & take the receipt of the fine amount deposited. Signature of the Authority : Name : ........................................................................ Seal : .......................................................................... Received the copy ........................................................ (signature of the accused) The Panchnama/ Challan Notice may be sent by registered post in case accused is not available.

To, Mukhya Nagar Adhikari/ Executive Officer/ Incharge Police Thana/ Incharge Police Chauki (not below the rank of Sub Inspector) Sir, It is to be informed that as per Panchnama Challan No. .............. dated .................... I was found guilty for violation of section-7 (leaving the cow progeny vagrant) / section-8 (not getting the cow progeny registered) of the Uttarakhand Protection of Cow Progeny Act, 2007 (slash that is not applicable). I shall not repeat the offence in future. Therefore it is requested that the offence may be compounded under the provisions of section 11(A) of the Uttarakhand Protection of Cow Progeny (Amendment) Act, 2015 & Rule-24 of the Uttarakhand State Protection of Cow Progeny (Amendment) Rules, 2016 & I may be issued the receipt of Rs 1000/- only (Rs One Thousand only) against fine amount being deposited Signature of the accused : ........................... Name of the accused : ........................... Address of the accused : ...........................

To, Veterinary Officer, Government Veterinary Hospital .................................................... District - .................................................... Sir, It is to be intimated that on dated .................................... under Police Thana/ Police Chauki .................................... a case for cow slaughter/ suspected cow slaughter has been recorded through FIR No. .................... (or attached intimation letter or self cognizance by police). In this case your subject matter expert opinion is sought for or if feel necessary the cow tissue sample may be collected & handed over for forensic analysis. Signature of Police Thana/ Police Chauki ........................... Name of Incharge of Police Thana/ Police Chauki ........................... Office Seal of Police Thana/ Police Chauki ...........................

To, Officer Incharge, Government Forensic Lab Pashlok, Rishikesh, District - Dehradun. Sir, It is to be intimated that on dated .................................... under Police Thana/ Police Chauki .................................... a case for cow slaughter/ suspected cow slaughter has been recorded through FIR No. .................... (or attached intimation letter or self cognizance by police). For forensic analysis the cow tissue sample is being sent as following :- Quantity of sample : ........................... Condition of Sample : ........................... Name of Preservative : ........................... Date of Sealing : ........................... Time of Sealing : ........................... Seal attestation is annexed along with. Signature of wintnesses while sealing :- 1. Signature of witness-1 ........................... 2. Signature of witness-2 ........................... Name of witness-1 ........................... Name of witness-2 ........................... Address of witness-1 ........................... Address of witness-2 ........................... Brief report of Veterinary Officer in the case : ........................... Initial opinion of Veterinary Officer in the case : ........................... Signature of Veterinary Officer/Date : ........................... Name of Veterinary Officer : ........................... Designation of Veterinary Officer : ........................... Office seal of Veterinary Officer : ........................... Letter No. & dispatch date : ........................... Signature of Police Personnel/ Date : ........................... Name of Police Personnel : ........................... Designation of Police Personnel : ........................... Signature of controlling officer of Police Personnel/ Date : ........................... Name of controlling officer Police Personnel : ........................... Designation of controlling officer Police Personnel : ........................... Office of controlling officer Police Personnel : ...........................