The Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Act, 2018

Himachal Pradesh · state statute

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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND
SAMVARDHAN ACT, 2018
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Constitution of the Aayog.
4. Terms and conditions of appointment of non-official members.
5. Resignation.
6. Disqualifications.
7. Casual vacancy.
8. Salary, honorarium and allowances of the members.
9. Headquarter.
10. Meetings of the Aayog.
11. Vacancies not to invalidate proceedings of the Aayog.
12. Terms and conditions of service of officers and employees.
13. Registration of institutions and audit of their accounts.
14. Powers and functions of the Aayog.
15. Grants and funds of the Aayog.
16. Budget of the Aayog.
17. Bankers of the Aayog.
18. Power of the Aayog to call for records.
19. Annual Report.
20. Powers of the Government to call for reports and returns etc.
21. Directions from the Government.
22. Members, officers and employees of the Aayog to be public servant.
23. Protection of action taken in good faith.
24. Power to make rules.
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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND SAMVARDHAN ACT, 2018

THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND
SAMVARDHAN ACT, 2018
(ACT NO. 2 of 2019)1
(Received the assent of the Governor on the 24 th January 2019 and was
published in Rajpatra, Himachal Pradesh (Extra-Ordinary), dated 1st February
2019, pp. 7913-7925)
An Act to establish the Himachal Pradesh Gauseva Aayog for the
preservation, conservation and welfare of cows in th e State; and for
supervision and control of the institutions established for the purpose and
to provide for matters connected therewith and incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixty-ninth Year of the Republic of India, as follows:—
1. Short title and commencement. —(1) This Act may be called the
Himachal Pradesh Gauvansh Sanrakshan and Samvardhan Act, 2018.
(2) It shall come into force on such date as the State Government
may, by notification,2 in the Rajpatra (e -Gazette), Himachal Pradesh,
appoint.

2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Aayog” means the Himachal Pradesh Gauseva Aayog constituted
under section 3 of this Act;
(b) “Chairperson” means Chairperson of the Aayog;
(c) “Cow ” includes a bull, bullock, ox, heifer or calf besides the cow
itself;
(d) “Gauvansh”means cow or its progeny;
(e) “Gausamvardhan” means conservation and development of
indigenous breeds of cow;
(f) “Gausanrakshan” means protection and conservation of
Gauvansh;

1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh, (Extra- Ordinary),
dated 15th December, 2018 p. 6719-6720 and 6726.
2. Act came into force from 1st December 2019 vide Notification No. AHY-A(3)-3/2018 dated,
22th November, 2019 published in the Rajpatra, Himachal Pradesh, dated 22th November,
2019 p.8103.
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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND SAMVARDHAN ACT, 2018

(g) “Government” or “State Government” means the Government of
Himachal Pradesh;
(h) “Indigenous breed” means the indigenous cow population which
is recognized as a breed by Breed Registration Committee of
Indian Council of Agricultural Research, New Delhi, from
time to time;
(i) “Institution” means any charitable institution or Non-Government
Organization engaged in the welfare of cows 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, a ged and diseased cows and includes
Gausadan, Gaushala, Gauvigyan Kendra, Cow Sanctuary,
Community Animal Rearing Center, or by whatever name such
institutions exist including Gauraksha sanstha and their
federation, society or union registered under any enactment for
the time being in force or otherwise;
(j) “member” means a member of the Aayog and includes the
Chairperson, Vice Chairperson and the Member Secretary;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “section” means a section of this Act;
(m) “State” means the State of Himachal Pradesh; and
(n) “Vice-Chairperson” means a Vice-Chairperson of the Aayog.
3. Constitution of the Aayog. —(1) The Government shall, by
notification in the Rajpatra (e-Gazette), Himachal Pradesh constitute a body
to be known as the Himachal Pradesh Gauseva Aayog.
(2) Consequent upon the constitution of the Himachal Pradesh
Gauseva Aayog, all properties, movable or immovable shall vest with the
Himachal Pradesh Gaus eva Aayog and all the debts and liabilities of the
Himachal Pradesh Gosamvardhan Board shall be transferred to the Aayog
and the officers and servants of the said Board shall be the officers and
servants of the Aayog.
(3) The Aayog shall consist of,—
a. Ex-officio members:—
(i) Animal Husbandry Minister, Chairperson;
Himachal Pradesh
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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND SAMVARDHAN ACT, 2018

(ii) Secretary (Animal Husbandry), Member;
Government of Himachal Pradesh

(iii) Secretary (Finance), Government of Member;
Himachal Pradesh

(iv) Secretary (Language, Art and Culture), Member;
Government of Himachal Pradesh

(v) Secretary (Excise and Taxation), Member;
Government of Himachal Pradesh

(vi) Secretary (Revenue), Government of Member;
Himachal Pradesh

(vii) Secretary (Rural Development and Member;
Panchayati Raj), Government of Himachal
Pradesh

(viii) Secretary (Forests), Government of Member;
Himachal Pradesh

(ix) Dean, Dr. G. C. Negi College of Veterinary Member;
Animal Sciences, Chaudhary Sarwan
Kumar Himachal Pradesh Krishi Vishva-
vidyalya, Palampur, District Kangra

(x) The Director General of Police, Himachal Member; and
Pradesh

(xi) The Director, Animal Husbandry, Himachal Member
Pradesh Secretary.

b. Non-official members:—

There shall be not more than ten non-official members to be
nominated by the Government. One Vice -Chairperson shall also be
nominated in addition thereto. The non -official members of the Aayog shall
be appointed from amongst the persons having interest in the field of
Gausanrakshan and Gausamvardhan.
4. Terms and conditions of appointment of non -official
members.—(1) A non -official member of the Aayog shall hold office for a
period of three years from the date of his appointment.
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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND SAMVARDHAN ACT, 2018

(2) The terms and conditions of service of no n-official members shall be
such, as may be prescribed.

5. Resignation. —A non -official member may, by way of notice in
writing under his hand addressed to the Government of Himachal Pradesh,
resign from his office.
6. Disqualifications.—No person shall be eligible for appointment as
a non official member, if he,—
(a) is not a citizen of India; or
(b) has not attained the age of 21 years; or
(c) is of unsound mind and stands so declared by a competent
authority; or
(d) is convicted and sentenced to imprisonment for an offence which
in the opinion of the Government, involves moral turpitude; or
(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 adjudged insolvent.

7. Casual vacancy. —In the event of vacancy of a non -official
member due to death, resignation, removal or otherwise before the expiry of
his term of office, a casual vacancy shall be deemed to have occurred and
such vacancy shall be filled as early as possible by nomination for the
remaining term.
8. Salary, honorarium and allowances of the members. —The
salary, honorarium, and allowances etc. if any, payable to the Vice-
Chairperson and members shall be such as may be prescribed.
9. Headquarter.—The headquarter of the Aayog shall be at Shimla.
10. Meetings of the Aayog. —(1) The Aayog shall hold one meeting
quarterly and at least four meetings annually and sha ll keep a record of its
proceedings.
(2) The meeting of the Aayog shall be convened and presided over by
the Chairperson and in his absence thereof, the Vice -Chairperson shall
preside over the meeting. In the absence of both the Chairperson and the
Vice-Chairperson, the members present shall elect one from amongst them
to preside over the meeting.
(3) The quorum of the meeting shall be of a minimum of eleven
members.
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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND SAMVARDHAN ACT, 2018

(4) The proceedings of the meetings shall be forwarded to the
Secretary (Animal Husbandry) to the Government of Himachal Pradesh, for
necessary action.
(5) An ex -officio member may depute his representative to attend
meeting on his behalf in the event of his inability to attend a particular
meeting.
11. Vacancies not to invalidate proceedings of the Aayog.—No act
or proceedings of the Aayog shall be questioned or shall be invalid merely
on the ground of existence of any vacancy in or defect in the constitution of
the Aayog or any defect in the appointme nt of a person acting as a member
or any irregularity in the procedure of the Aayog, including issuance of
notice for holding of a meeting, not affecting merits of the matter.
12. Terms and conditions of service of officers and employees. —
Terms and conditions of service of officers and employees of the Aayog
and salaries and allowances payable to them, shall be such as may be
prescribed.
13. Registration of institutions and audit of their accounts. —(1)
Once the Aayog is established, all i nstitutions shall have to get them
registered with Aayog on the payment of such fee and in the manner as may
be prescribed.
(2) The Aayog shall, issue a certificate of registration in such form,
as may be prescribed.
(3) The Aayog shall maintain register of institutions registered with it
in such form, as may be prescribed.
(4) Whenever any change occurs in any of the particulars submitted to
the Aayog by an institution, the person entrusted to act on behalf of
institution shall report the change to the Aayog, for further updation of
record.

(5) The accounts of every institution, which has been registered under
this Act, shall be prepared in each financial year and its accounts shall be
audited annually as may be prescribed.
14. Powers and functions of the Aayog. —The Aayog shall perform
all or any of the following functions, namely:—
(a) to make provisions for solutions to the problems related to
abandoned cow in the State by providing technical and financial
assistance to Gausadans, Gaushalas, Gauvigyan Kendras, Cow
Sanctuaries or any other scheme approved by the Government in
the manner as may be prescribed;
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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND SAMVARDHAN ACT, 2018

(b) to promote research on various aspects of indigenous cows and
make budgetary provisions for the same in the manner as may
be prescribed;
(c) to make provisions for awareness programs on cow welfare and
breed conservation;
(d) to ensure the protection afforded to cow under any law for the
time being in force including seizure and custody of the cow
being carried for slaughtering or likely to be slaughtered in
contravention of any law in force;
(e) to ensure proper and timely implementation of the laws referred to
in clause (a) and to propose remedial measu res regarding the
implementation of programs of Government for the development
of institutions;
(f) to draft policies and design projects for the conservation and
promotion of cow and make recommendations thereof to the
Government for implementation;
(g) to receive budget and make expenditure for the purpose of cow
welfare and conservation of indigenous breeds of cow, in the
manner as may be prescribed;
(h) to supervise and inspect the institutions and to ensure that such
institutions provide for proper management and care to cows
conserved by them; and
(i) to perform such other functions as may be assigned by the
Government.
15. Grants and funds of the Aayog. —(1) The State Government
may pay to the Aayog by way of gran ts from the Consolidated Fund of the
State, income from the Temple trusts, cess levied on sale of liquor or such
sums of money as the State Government may provide to be utilized for the
purpose of this Act.
(2) The Aayog may spend such sums as it deems fit for performing
the functions under this Act, and such sums of money shall be treated as
expenditure payable out of the grants referred to in sub-section (1).
16. Budget of the Aayog. —(1) The Aayog shall on such date, as
may be prescribed, prepare and approve the budget of the next financial
year, showing the estimated receipts and expenditure.
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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND SAMVARDHAN ACT, 2018

(2) When the budget is approved by the Aayog, it shall be competent
to appropriate the amounts out of the funds for the purpose for which
provisions have been made. Re - appropriation, if any shall be subject to the
approval of the Aayog.

17. Bankers of the Aayog. —All funds of the Aayog shall be kept in
a Scheduled Bank.
18. Power of the Aayog to call for records. —In order to enable t he
Aayog to perform the functions under this Act, the Aayog may call for
information, records or reports from any institution.
19. Annual Report. —(1) The Aayog shall prepare, in such form for
each financial year as may be prescribed, its annual report, giving full
account of its activities during the previous financial year and forward a
copy thereof to the Government.
(2) Upon receipt of a report made under section 18, the Government
may take such action thereon, as it may consider appropriate.
20. Power of the Government to call for reports and returns
etc.—The Government may call for such reports, returns and statements
from the Aayog from time to time, as it may consider necessary.
21. Directions from the Government. —(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 by the Government.
(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.

22. Members, officers and employees of the Aayog to be public
servant.—All members, officers and employees of the Aayog shall be
deemed, while acting or purporting to act in pursuance of any provision of
this Act, to be public servant within the meaning of section 21 of the Indian
Penal Code, 1860, (45 of 1860).
23. Protection of action taken in good faith. —No suit, prosecution
or other legal proceedings shall lie against any member or any officer or
other employees of the Aayog or any person acting under the direction either
of the Government or of the Aayog, in respect of anything, which is done in
good faith or intended to be done in pursuance of this Act o r any rule or
order made thereunder.

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THE HIMACHAL PRADESH GAUVANSH SANRAKSHAN AND SAMVARDHAN ACT, 2018

24. Power to make rules. —(1) The Government may, by
notification in the Rajpatra (e Gazette), Himachal Pradesh make rules for
carrying out the purposes of this Act.
(2) All the rules made under this Act, shall be laid, as soon as may
be, after they are so made, before the Legislative Assembly while it is in
session, for a period of not less than ten days, which may be comprised in
one session or in two or more successive sessions and if, before the expiry of
the session in which they are so laid or the successive sessions immediately
following, the Legislative Assembly makes any modification(s) in any of
such rules or decides that the rule should not be made, such rules shall
thereafter have effec t only in such modified form or be of no effect, as the
case may be. However, any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
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