The Haryana Gau-Seva Aayog Act, 2010 (19 of 2010)

395
THE HARYANA GAU-SEVA AAYOG ACT, 2010.
(Haryana Act No. 19 of 2010)
Table of contents
SECTIONS:
1. Short title and commencement.
2. Definitions.
3. Establishmnent and incorporation.
4. Constitution.
5. Secretary.
6. Terms and conditions of appointment of non-official members.
7. Resignation.
8. Removal of non-official members.
9. Disqualification.
10. Casual vacancy.
11. Vacancy not to invalidate proceedings.
12. Allowances to non-official members.
13. Meetings.
14. Functions.
15. Powers, duties and functions of Chairman.
16. Powers, duties and functions of Vice-Chairman.
17. Office.
18. Officers and others employees.
19. Pay and conditions of service.
20. Fund.
21. Application of fund and property.
22. Budget.
23. Power to call for records.
24. Accounts and audit.
25. Annual report.
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26. Action on report.
27. Power of Government to call for reports, return etc.
28. Directions of Government.
29. Members, officers and employees to be public servants.
30. Power to remove difficulties.
31. Protection of action taken in good faith.
32. Power to make rules.
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1THE HARYANA GAU-SEVA AAYOG ACT, 2010.
(Haryana Act No. 19 of 2010)
[Received the assent of the Governor of Haryana on the
25th September, 2010, and first published for general information
in the Haryana Government Gazette (Extraordinary), Legislative
Supplement Part I of the 4th October, 2010.]
  1  2        3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2010 19 The Haryana Amended by Haryana Act 30
Gau-Sewa of 2016 2
Aayog Act, 2010
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra ordinary)
dated the 3rd September, 2010, Page 6775.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra ordinary)
dated the 28th November, 2015, Page 2844.
3. The Act came into force on the 1st December, 2012 vide Haryana Government, Animal
Husbandry and Dairying Department, Notification No.  S.O. 9/H.A. 19/2010/S. 1/2013
published in Haryana Government Gazette (Extra ordinary) dated the 17th January, 2013.
AN
ACT
to establish Gau-Seva Aayog for the preservation and welfare of
cows in the State, for supervision and control of institutions
established for the purpose and to provide for matters
connected therewith and incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the
Sixty-first Year of the Republic of India as follows :—
1. (1) This Act may be called the Haryana Gau-Seva Aayog Act,
2010.
(2) It shall come into force on such date, as the Government
may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “Aayog” means the Haryana Gau-Seva Aayog established
under section 3;
(b) “cow” includes bull, bullock, ox, heifer and calf;
Short title and
commencement.
Definitions.
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(c) “Government” means the Government of the State of
Haryana in the Administrative Department;
(d) “institution” means any charitable institution or Non-
Government Organisation engaged in cow welfare and
established for the purpose of keeping, breeding, rearing
and maintaining cow or for the purpose of reception,
protection, care, management and treatment of infirm, aged
and diseased cow and includes Gausadan, Gaushala,
Pinjrapole, Gau Anusandhan-Vigyan-Samvardhan Kendra,
Gauraksha Sanstha and their federation or union registered
under any enactment for the time being in force or
otherwise;
(e) “member” means a member of the Aayog and includes
the Chairman and Vice-Chairman;
(f) “prescribed” means prescribed by rules made under this
Act;
(g) “State” means the State of Haryana.
3. (1) The Government shall, after coming into force of this Act,
by notification in the Official Gazette, establish a body to be known as
the Haryana Gau-Seva Aayog.
(2) The Aayog shall have perpetual succession and a common
seal with power to purchase, hold and dispose of property, both movable
and immovable and  to contract and may by said name sue and be sued.
4. (1) The Aayog shall consist of the following members,
namely:-
I. Official members:-
(a) Financial Commissioner and Principal Secretary
to Government, Haryana, Revenue and Disaster
Management Department or his representative not
below the rank of Joint Secretary;
(b) Financial Commissioner and Principal Secretary
to Government, Haryana, Urban Local Bodies
Department or his representative not below the
rank of Joint Secretary;
(c) Financial Commissioner and Principal Secretary
to Government, Haryana, Agriculture Department
or his representative not below the rank of Joint
Secretary;
Establishmnent
and
incorporation.
Constitution.
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(d) Financial Commissioner and Principal Secretary
to Government, Haryana, Finance Department or
his representative not below the rank of Joint
Secretary;
(e) Financial Commissioner and Principal Secretary
to Government, Haryana, Animal Husbandry and
Dairying Department or his representative not
below the rank of Joint Secretary;
(f) Financial Commissioner and Principal Secretary
to Government, Haryana, Development and
Panchayats Department or his representative not
below the rank of Joint Secretary;
(g) Director General of Police or his representative
not below the rank of Inspector General of Police;
(h) Director General of Animal Husbandry and
Dairying Department;
(i) One representative from the Animal Welfare Board
of India.
II.  Non-official members:-
   There shall be 
1[sixteen] non-official members
including Chairman and Vice-Chairman to be
nominated by the Government.
(2) The non-official members shall be nominated by the
Government from amongst the persons engaged in the welfare of cow,
namely:-
(i)
2[Eight] non-official members representing registered
Haryana Rajya Gaushala Sangh in the State;
(ii) 2[Eight] eminent humanitarians working selflessly for
the welfare, protection and preservation of cow.
(3) Every appointment shall take effect from the date on which
it is published in the Official Gazette.
5. (1)    The Government shall appoint a Secretary of Aayog
having such qualifications, as may be prescribed.
(2)    The Secretary shall exercise such powers and perform
such duties, as may be prescribed.
Secretary.
1. Substituted by Haryana Act 30 of 2016.
2. Substituted by Haryana Act 30 of 2016.
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6. (1) Every non-official member shall hold office for a period
of three years from the date on which he is appointed.
(2) The terms and conditions of the appointment of the non-
official members shall be such, as may be prescribed.
7. A non-official member may resign from his office by giving
a notice in writing under his hand addressed to the Government.
8. (1)   The Government may remove a non-official member
from his office who  in its opinion,—
(a) refuses to act or becomes incapable of acting; or
(b) is convicted by a Court for an offence, involving moral
turpitude; or
(c) has directly or indirectly any share or interest in any
subsisting contract or employment with, by or on
behalf of the Aayog himself or through member of
his family or any partner; or
(d) is a Director, Secretary, Member or a salaried officer
of any incorporated company or any cooperative
society which has any share or interest in any contract
or employment with, by or on behalf of the Aayog;
or
(e) becomes of unsound mind and stands so declared by
a competent Court; or
(f) without obtaining leave remains absent from three
consecutive meetings of the Aayog; or
(g) has abused his position as to render his continuance
in office detrimental to the interest of the Aayog; or
(h) has become an un-discharged insolvent.
(2) The Government may suspend any non-official member
pending any inquiry against him:
Provided that no member shall be removed under sub-section
(1) unless he has been given a reasonable opportunity of being heard.
9. 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;
Terms and
conditions of
appointment of
non-official
members.
Resignation.
Removal of
non-official
members.
Disqualification.
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(c) has been declared by a competent Court to be of unsound
mind;
(d) has been convicted by any Court 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; or
(f) is an undischarged insolvent.
10. In the event of death, resignation or disqualification of a non-
official member or of his becoming incapable 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 a member, who shall hold office for
the unexpired term of his predecessor.
11. No act or proceeding of the Aayog shall be deemed to be
invalid merely by reason of any vacancy in, or any defect in the
constitution of the Aayog.
12. The non-official members of the Aayog shall be paid such
allowances, as may be prescribed.
13. (1) The Aayog shall hold meeting at least once in every three
months.
(2) The Chairman may, whenever he thinks fit, call a meeting.
(3) The proceedings of the meetings shall be forwarded  to
the Government.
(4) Seven members, comprising minimum three official and
minimum three non-official members, shall form quorum of the meeting.
14. The functions of the Aayog shall be to—
(i) work for proper implementation of laws with respect to
prohibition of slaughter and/or cruelty to cow and to
suggest improvement in the existing laws for making them
more meaningful;
(ii) work for the welfare of cow in the State;
(iii) supervise work  of the institutions for the scientific  use
of dung and urine of cow so as to enhance their utility in
the sphere of agriculture including soil fertility, bio-energy,
bio-gas, bio-fertilizer, bio-pesticide and domestic use;
Casual vacancy.
Vacancy not to
invalidate
proceedings.
Allowances to
non-official
members.
Meetings.
Functions.
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(iv) supervise and assist in the working and functioning of the
institutions for the purpose of providing financial
assistance, training in the field of scientific rearing of
various breeds of cow;
(v) exercise supervision over institutions regarding utilization
of funds and properties provided by Aayog and to bring
to the notice of the Government specific instances for
appropriate action;
(vi) develop pastures or grazing lands and to associate with
institutions or other  bodies whether private or public, for
the purpose of developing pastures and Gauchars;
(vii) provide financial assistance to deserving institutions, which
in the opinion of the Aayog are engaged in the welfare of
cow, as also for propagation of non-conventional energy
like bio-gas from dung and urine of cow and other gainful
uses through scientific tests or experiments;
(viii) educate, campaign and to make people aware about the
economic benefits which can be derived out of cow and
arrange competitions to promote such awareness as also
to preach compassion for cow and take steps for inclusion
in school syllabi such information;
(ix) procure fodder and make available for use of cow in the
area affected by famine, drought or other natural calamities
and to set up camps for the aforesaid purposes in the
affected area and to take steps for prevention of migration
or  export of cow from such affected area and to suggest
action against persons indulging in or attempting export
for slaughter from such area;
(x) work in  collaboration  with  any Veterinary,   Animal
Sciences or Agriculture University or departments or
organizations of the State/Central Government engaged in
the task of research in the field of breeding and rearing
of cow, organic manure, bio-gas etc. as also to collaborate
with such of the research projects of Indian system of
medicine conducted by various public or private
organizations for conducting research on the biogenic
products of the cow for medicinal purposes;
(xi) assist institutions for procuring fodder and in relocation
of existing institutions at places where plenty of fodder
and water is easily available;
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(xii) promote schemes to encourage use of organic manure
and recommend suitable measures including incentive
schemes for use of dung or urine of cow in organic manure
by farmers to minimize the use of chemical fertilizers;
(xiii) undertake fodder development schemes and to provide
straw reapers free of cost;
(xiv) take into custody the abandoned, stray, confiscated or
seized cow from the concerned local bodies, other
competent authorities or courts after due authorization
under any law for the time being in force and to maintain
them;
(xv) formulate and submit schemes for the establishment of
cottage/artisan industries in the rural areas based on biogas
product of cow as also based on skins, hides, bones of
the naturally dead cow for the purpose of manufacture of
various products;
(xvi) to create awareness about the significance of indigenous
breeds of cow, its milk and allied dairy products and use
of bullock energy;
(xvii) to promote healthy competition amongst institution
engaged in breed development of cow for enhancing milk
yield by organizing various competitions/events/fairs and
suitably rewarding the winners financially.
15. The Chairman shall exercise such powers, discharge such
duties and perform such functions, as may be prescribed.
16. The Vice-Chairman, in the absence of Chairman, shall exercise
such powers, discharge such duties and perform such functions, as may
be prescribed.
17. The Aayog shall, as soon as may be, after its establishment
and incorporation have its headquarters at such place, as may be specified
by the Government.
18. The Aayog may subject to general or special directions of the
Government, appoint such officers and other employees, as it may
consider necessary for the efficient performance of its functions.
19. The pay and other conditions of service of the officers and
employees of the Aayog shall be such, as may be prescribed.
Powers, duties
and functions
of Chairman.
Powers, duties
and functions
of Vice-
Chairman.
Office.
Officers and
others
employees.
Pay and
conditions of
service.
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20. The fund of the Aayog shall consist of grants made by the
Government, donations, gifts and bequests made to it.
21. (1) All properties, funds and other assets of the Aayog shall
be held and applied by it for the purposes, as may be prescribed.
(2) No proposal involving financial implications shall be
approved, sanctioned or implemented by the Aayog unless such proposal
is examined by a Finance Committee duly constituted in such manner,
as may be prescribed.
22. (1)   The Aayog shall on such date, as may be prescribed,
prepare and submit to the Government, in the prescribed form, the
budget of the next financial year, showing the estimated receipts and
expenditure.
(2)  The Government may sanction the budget submitted to it
with such modifications, if any, as it deems proper.
(3)  When the budget is sanctioned by the Government, the
Aayog shall be competent to appropriate the amounts out of the fund for
the purpose for which the provision is made in the budget.
23. The Aayog may call for any record or report of any institution
to perform the functions under this Act.
24. (1) The Aayog shall maintain proper accounts and other
relevant records and prepare a report on 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.
25. The Aayog shall prepare, in such form and by such date for
each financial year, as may be prescribed, its annual report giving a full
account of its activities of the previous financial year and forward it to
the Government.
26. Upon receipt of a report made under section 25, the
Government may take such action thereon, as it considers appropriate.
27. The Government may call for such reports, returns and
statements of accounts from the Aayog, as it considers necessary.
28. (1)    In the discharge of its functions under this Act, the
Aayog shall be guided by such directions on the question of policy, as
may be given to it by the Government.
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GAU-SEVA AAYOG
Fund.
Application of
fund and
property.
Budget.
Power to call
for records.
Accounts and
audit.
Annual report.
Action on
report.
Power of
Government to
call for reports,
return etc.
Directions of
Government.
405
(2)     If any dispute arises between the Government and the
Aayog as to whether a question is or is not a question of policy, the
decision of the Government shall be final.
29. All members, officers and employees of the Aayog 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 (45 of 1860).
30. If any difficulty arises in giving effect to the provisions of this
Act, the Government may, by order do anything not inconsistent with
such provision which appears to it to be necessary or expedient for the
purpose of removing the difficulty.
31. No suit, prosecution or other legal proceedings shall lie against
any member, officer or employee of the Aayog for anything which is in
good faith done or intended to be done under this Act.
32. (1)   The Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as
may be, after it is made, before the House of the State Legislature, while
it is in session.
——————
Members,
officers and
employees to
be public
servants.
Power to
remove
difficulties
.
Protection of
action taken in
good faith.
Power to make
rules.
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