Orissa Goshala Act, 1961
(1) This Act may be called the Orissa Goshala Act, 1961.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date** as the State Government may, by notification, appoint.
**.The Act came into force w.e.f. 30.1.1985, vide Orissa Gazette Part III-A/21.1.1985.
In this Act, unless the context otherwise requires-
(a)"Cattle" includes any domestic animal of the bovine species;
(b)"Director" means the Director of Animal Husbandry; and Veterinary Services, Orissa and includes any officer appointed by the State Government to perform the functions of the Director under this Act;
(c)"Federation" means the Orissa State Goshala Pinjrapole Federation established under Section 3, known as "Utkal Prantiya Goshala and Pinjrapole Sangh" :
Provided that the Orissa Provincial Goshala Pinjrapole Federation registered under the Societies Registration Act, 1860 (21 of 1860) shall be deemed to be the Federation for the purposes of this Act until the establishment of a Federation under Section 3;
&nb
(1) As soon as may be after this Act comes into force there shall be established in the State a Federation to be called the Utkal Prantiya Goshala and Pinjrapole Sangh.
(2) The Federation shall consist of the following members, namely :
(a)members to be elected by the trustees from amongst such persons, in such number and in such manner as may be prescribed;
(b)such number of members to be nominated by the State Government as they deem fit ; and
(c)the Registrar-Ex officio.
(3) The members elected under Clause (a) of Sub-section (2) shall elect the Chairman of the Federation from amongst themselves.
(4) The business of the Federation shall be conducted in the prescribed manner.
(1) The Goshala Development Officer appointed by the State Government shall be the Registrar under this Act.
(2) Subject to the approval of the State Government, the Registrar may, from time to time, determine the number, designation, grades and scales of salary and other conditions of service of persons employed in his establishment.
(3) The powers of appointing, promoting and granting leave to such persons and of reducing their rank or dismissing them and dispensing with their services shall vest in the Registrar.
-(1) The trustee of every Goshala, within six months of the commencement of this Act submit to the Registrar, a statement containing the following particulars, namely :
(a)the name and address of the trustee and the mode of succession to the office of trustee relating to such Goshala;
(b)the details of the property of such Goshala;
(c)the gross annual income of the Goshala, derived during the period of three years immediately preceding the year in which the statement is submitted or for the period which has elapsed since the establishment of such Goshala, whichever is less;
(d)sources of such income;
(e)the amount of the annual expenditure of such Goshala for the period referred to in Clause (c) ; and
The Registrar shall maintain a register (hereinafter called the register of Goshalas) in such form and containing such particulars as may be prescribed and copies thereof shall be forwarded to the Director and to the Federation.
The Registrar may, on his own motion or on the application of any person interested in a Goshala or when so ordered by the Director hold an enquiry to ascertain-
(a)if any establishment in a Goshala to which this Act applies;
(b)the details of the property appertaining to any Goshala;
(c)the name and address of the trustee of any Goshala;
(d)the mode of succession to the office of the trustee of any Goshala;
(e)the income and expenditure of any Goshala; and
(f)the sources of income of any Goshala.
(2) In every inquiry under this section, the Registrar shall cause notice of such enquiry to be served on the trustee of
(1) Whenever any change occurs in any of the particulars relating to any Goshala recorded in the register of Goshalas, the trustee of such Goshala shall, within three months of the occurrence of such change, report the fact to the Registrar and every such report shall be signed by every trustee or by his agent specially authorised in this behalf and the person signing such report shall verify it in the prescribed manner.
(2) The Registrar may, after making such inquiry as he may deem fit, amend the register if he considers it necessary and shall forward copies of the amended entry of the register to the Director and to the Federation.
-(1) The Director shall assign to each Goshala such local area as he deems fit and it shall be the duty of all traders having their place of business in such local area, to pay at the end of each financial year to the trustee of the Goshala to which the said Goshala has been assigned-
(a)all the moneys that they may have realised from their customers in the name of the Goshala ; and
(b)fifty per centum of the money that they may have realised in the name of any other charitable object like dharmadan, punyakhata, katauti or lag.
(2) The Registrar may, on the application of a trustee, call for the account book of any such trader to ascertain whether he has paid the moneys payable by him to the trustee of the Goshala under Sub-section (1), but no inspection of such account book by any other perso
(1) For the purpose of defraying the expenses incurred in the administration of this Act, the trustees of every Goshala shall in each financial year, pay to the Registrar such fee, not exceeding five per centum of his gross income in the last preceding financial year, as the Registrar may, from time to time, in consultation with the Federation and with the previous sanction of the State Government, determine.
(2) Such fees shall be payable in the prescribed manner on such dateor dates as may, from time to time, be fixed by the Registrar.
(1) If there be any dispute regarding any sum payable under Sub-section (1) of Section 9 or Section 10, the matter may be referred to the Registrar for orders.
(2) Any person aggrieved by an order passed by the Registrar under Sub-section (1) may, within such period as may be prescribed, prefer an appeal before the Collector of the district within which the Goshala concerned is situated.
(3) Any sum payable by a trader or a trustee under Section 9 or Section 10, as the case may be, shall be recoverable as an arrear of land revenue payable to the Registrar.
(1) The accounts of every Goshala which has been registered under Section 6 shall be balanced each year on the thirty-first day of Match and shall be audited annually by a person appointed by the State Government in this behalf and the auditor shall furnish copies of his audit note to the trustees of the Goshala and to the Registrar within four months of the thirty-first day of March or within such further time as the Registrar may for sufficient reasons grant.
(2) Every auditor acting under Sub-section (1) shall have access to the accounts and to all books, vouchers and other documents and the records in the possession or under the control of the trustee.
(3) Within six months of the thirty-first day of March of the year for which the accounts are balanced, or within such further time as the Registrar may for sufficient reasons grant, t
The Director or any person authorised by him in this behalf or the Registrar may enter into and inspect any Goshala or any place appertaining to such Goshala for the purpose of satisfying himself whether the provisions of this Act and the rules or regulations made thereunder are duly complied with.
-(1) There shall be formed to be called the Goshalas Fund and there shall be placed to the credit thereof-
(a)all sums received by the Registrar as fees under Section 10 and donations and grants for the management and control of Goshalas; and
(b)all sums received or recovered as fines under the provisions of this Act.
(2) The Goshal fund shall be vested in the Registrar and the balance standing to the credit of the fund shall be kept in such custody as the State Government may, from time to time, direct.
(3) The Goshala fund shall be applicable to the following objects and in the following order, namely :
(a)to the payment of the salaries and allowances of the Registrar and persons employed in his establi
-(1) If the trustee of a Goshala fails or neglects to submit to the Registrar a statement as required under Section 5 or to report any change in the particulars of the Goshala as required under Section 8 submits a statement or reports any change in the particulars, as the case may be, which he knows or has reason to believe to be false in any material particulars, such trustee shall, on conviction, be punishable with fine which may extend to fifty rupees.
(2) If the trustee of any Goshala fails or neglects to keep accounts or to furnish statement of accounts as required under Section 12 or furnishes a statement which he knows or has reason to believe to be false in any material particulars, such trustee shall, on conviction, be punishable with fine which may extend to five hundred rupees.
(3) If any trader fails to comply with the provis
(1) No prosecution under this Act shall be instituted except on the complaint of the Registrar.
(2) No Court inferior to that of a Magistrate of the Second Class shall try any offence under this Act.
(1) The Director may, with the previous sanction of the State Government, make regulations for the following matters, namely :
(a)the manner in which the Goshala shall be managed;
(b)skilled technical management of breeding work and segregation of such work from other activities of the Goshala and the transfer of such work from urban to rural areas;
(c)transport of breeding bulls from a Goshala to any other place for breeding purpose;
(d)the medical treatment and inspection of cattle at a Goshala
(e)the setting aside of cattle, both male and female for breeding purpose; and
(f)any other matter which may be prescribed.
(2) Regulations made under this section
(1) The State Government may, after previous publication, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoingpowers, such rules may provide for all or any of the following matters, namely :
(a)the number of members of the Federation and the manner of electing such members under Section 3;
(b)the particulars to be prescribed under Clause (f) of Sub-section (1) of Section 5 and the manner of verifying the statement to be submitted under that sub-section;
(c)the form of the register of Goshalas and the particulars to be entered therein under Section 6;
(d)the manner of verifying the report regarding any chan
The provisions of the Charitable and Religious Trusts Act, 1920 (14 of 1920) shall not apply to any Goshala registered under this Act.
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