THE MADHYA PRADESH GOSHALA ACT, 1953
(No. 4 of 1953)
TABLE OF CONTENTS
SECTIONS Page
1. Short title, extend and commencement. 425
2. Definitions. 425
3. Establishment of the Federation. 426
4. Office of the Registrar and conditions of service of the
Registrar and persons employed in establishment. 426
5. Trustees to furnish particulars relating to Goshalas. 427
6. Register of Goshalas. 428
7. Power of Registrar to hold inquiry. 428
8. Amendment of entries in Register of Goshala. 428
9. Fixation of area of Goshala and payment by the traders of the area
of certain moneys to the Goshala. 428
10. Fees to be paid by trustee of every Goshala. 429
11. Decision on disputes regarding sums payable under sub-section (1)
of section 9 or section 10 and the manner of recovery of those sums. 429
12. Maintenance of accounts and their audit. 429
13. Inspection of Goshalas. 430
14. Goshala Fund, its application and audit. 430
15. Penalties. 430
16. Cognizance of offences. 431
17. Power to make Regulations. 431
18. Power to make rules. 432
19. Bar of application of the Charitable and Religious
Trusts Act, 1920. 432
19-A. Provisions of the Act not in derogation of Madhya
Pradesh Act XVIII of 1951. 432
THE MADHYA PRADESH GOSHALA ACT, 1953
(No. 4 of 1953)
(Received the assent of H.H. the RAjpramukh on 13th March, 1953)
An Act to provide for better management and control of Goshalas in the State of [Madhya Pradesh.] Subs. by M.P. Act 23 of 1958, S.3 (4), for “Madhya Bharat”.
It is hereby enacted as follows:-
Short title, extend and commencement:-
1. (1) This Act may be called “The [Madhya Pradesh] Subs. by M.P. Act 23 of 1958, S.3 (4), for “Madhya Bharat”. Goshala Act, 1953”.
Subs. by M.P. Act 23 of 1958, S. 3(3), Sch. Part B, item 3. For sub-sections (2) and (3).[(2) It extends to the whole of Madhya Pradesh.
(3) It shall be in force in all such areas of Madhya Pradesh in which it was in force immediately before the commencement The M.P. Extension of Laws Act, 1958 (23 of 1958) came into force on 1-1-1959, vide Government of M.P. Law Department Notification No.41772-XXI-A (Dr.), dated 31-12-1958, published on page 17 of the M.P. Gazette, Extraordinary, dated 1-1-1959. Of the Madhya Pradesh Extension of Laws Act, 1958 (23 of 1958) and shall come into force in any other areas on such date 2nd October, 1963, vide Agricultural Department Notification No.4781-4740-XIV-Vety., dated 25-9-1963, published in M.P. Gazette (Part I) dated, 27th September, 1963. as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas.]
Definitions:-
2. In this Act, unless there is anything repugnant in the subject or context-
(a) “Cattle” includes any domestic animal of the bovine species ;
[(b) “Director” means the Director of Veterinary Services, Madhya Pradesh, and includes any officer appointed by the State Government to perform the functions of the Director under this Act;] Subs. by M.P. Act 23 of 1958, S.3(3), Sch, Part B, item 3.
(c) “Federation” means the [Madhya Pradesh Goshala Federation] Subs. ibid, for “Madhya Bharat Goshala Federation”. constituted under section 3:
Provided that Madhya Pradesh Bharat Goshala Pinjarapol Federation registered under the Societies Registration Act, Samvat 2007, shall be the Federation for the purposes of this Act until the establishment of a Federation under aforesaid section;
(d) “Goshala” means a charitable institution established for the purposes to keeping, breeding, rearing and maintaining cattle or for the purpose of reception, protection and treatment of infirm, aged or diseased cattle and includes a “Pinjarapol” where such cattle are kept;
(e) “Goshala Fund” means the Goshala Fund formed under section 14;
(f) “Prescribed” means prescribed by Rules made by the Government under this Act;
(g) “Registrar” means the Registrar of Goshalas appointed by the Government out of a Panel of three names submitted by the Federation;
(h) “Regulation” means a regulation made by the Director under section 17; and
(i) “Trustee” means a person or a body of persons, by whatever designation known in whom the administration of a Goshala is vested and includes any person who is liable as if he were a trustee.
Establishment of the Federation:-
3. As soon as possible after this Act comes into force, there shall be established in the [State of Madhya Pradesh] Subs. by M.P. Act 23 of 1958, S. 3(3), Sch. Part B, item 3, for “Madhya Bharat region”. a Federation to be called [The Madhya Pradesh Goshala Federation] Subs. ibid. for “The Madhya Bharat Region Goshala Federation”. The Federation shall consist of the prescribed number of members elected by the trustees of Goshalas of the State in the prescribed manner at a meeting specially held for the purpose.
Office of the Registrar and conditions of service of the Registrar and persons employed in establishment:-
4. (1) The Registrar may be either a paid or an honorary officer as the Government may, from time to time, determine.
(2) The Registrar shall hold officer for a term of five years and shall be eligible for reappointment for further period of not more than five years.
(3) The Registrar shall draw such salary or allowances if any, and shall be subject to such conditions of service as the Government may, from time to time, determine.
(4) The Government may remove the Registrar from office is he refuses to act or become incapable of acting or acts in a manner which the Government, after hearing any explanation that he may offer, consider to be prejudicial to the interest of Goshalas in the State.
(5) Subject to the approval of the 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.
(6) 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.
Trustees to furnish particulars relating to Goshalas:-
5. (1) The trustee of every Goshala shall, in the case of-
(i) Goshala established before the commencement of this Act, within six month of commencement of this Act; and
(ii) a Goshala established after the commencement of this Act, within six months of the vesting in or assumption by him of the administration of the property of such Goshala ;
Submit to the Registrar a statement containing the following particulars, namely:-
(a) the name and the 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 such Goshala,-
(1) in case of Goshala established before the commencement of this Act, for three years immediately preceding the year in which the statement is submitted, or
(2) in case of Goshala established after the commencement of this Act, for the period which has elapsed since the establishment of such Goshala ;
(d) different sources of income and its income of the period mentioned in clause (c);
(e) the amount of annual expenditure of such Goshala for the period referred to in clause (c) ; and
(f) any other particulars, that may be prescribed.
(2) Such statement shall be accompanied by a copy of the deed or the instrument establishing the Goshala or such extract thereof as in the opinion of the Registrar sufficiently shows the origin, nature and object of such Gashala or if no such deed or instrument has been executed or if a copy there of cannot be obtained, such statement shall contain full particulars of the origin, nature and object of Goshala so far as they are knows to the trustee.
(3) The statement shall be signed by every trustee or by his agent specially authorized in this behalf.
(4) Every person signing the statement shall verify it in the prescribed manner.
(5) The Registrar may for sufficient reasons extend the period for furnishing the statement.
Register of Goshalas:-
6. The Registrar shall maintain a register (here-in-after called the Register of Goshalas) in such forms and containing such particulars as may be prescribed and copies thereof shall be forwarded to the Director and to the Federation.
Power of Registrar to hold inquiry:-
7. (1) The Registrar may, at any time, either of his own motion or on the application of the Director or any person claiming to have an interest in a Goshala, hold an inquiry to ascertain-
(a) if the Goshala is the Goshala to which this Act applies ;
(b) the details of the property appertaining to such Goshala ;
(c) the name and the address of the trustee of such Goshala;
(d) the mode of succession to the office of the trustee of such Goshala;
(e) the income and expenditure of such Goshala; and
(f) the sources of income of such Goshala.
(2) In every inquiry under this section, the Registrar shall cause notice of such inquiry to be served on the Director and to the trustee of the Goshala and permit them to appear through agents.
(3) On the conclusion the inquiry, the Registrar may pass such order as he may deem fit as to matters to which the inquiry related.
Amendment of entries in Register of Goshala:-
8. (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. Such report shall be signed by every trustee or by his agent specially authorized in this behalf. Every persons signing the report shall verify it in the prescribed manner.
(2) The Registrar may, after such inquiry as he may deem fit, amend the register, if he considers it necessary. In that case forward copies of the amendedentry of the Register to Director and to the Federation.
Fixation of area of Goshala and payment by the traders of the area of certain moneys to the Goshala:-
9. (1) The Director will fix the area within which a Goshala shall function and it shall be the duty all traders, the bodies of traders or companies and associations, etc., of traders of that area to pay at the end of each financial year to the trustee of the Goshala functioning in that area all the money that they may have realized from their customers in the name of the Goshala [by way of Dharmadaya, Punyakhata, Katauti or Leg.] Subs. by M.P. Act 23 of 1958, S.3(3) Sch. Part B, item 3, for “and twenty fie percent of the money that they may have realized in the name any other charitable objects like the Dharmada, Punyakhta, Katauti and Lag”.
(2) The Registrar may, on the application of a trustee, call for the account books of traders the bodies, companies or association, etc., of traders to ascertain whether such trader has paid the money payable by him to the trustee of the Goshala under sub-section (1), but no inspection of such account book by any other person shall be allowed.
[(3). No person shall collect any money, or accept any subscription in the name of a Goshala unless.-
(i) such Goshala is registered under this Act; and
(ii) such Person has obtained a certificate in accordance with the provisions of section 4 of the Madhya Pradesh Dharmadaya Funds Act, 1951 (XVIII of 1951.] Subs. by M.P. Act 23 of 1958, S.3(3), Sch. Part B, item 3.
Fees to be paid by trustee of every Goshala:-
10. (1) For the purpose of defraying the expenses incurred in the administration of this Act, the trustee of every Goshala shall, in each financial year, pay to the Registrar such fee, not exceeding five percent 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 Government determine.
(2) Such fee shall be payable in the prescribed manner on such date or dates as may, from time to time, be fixed by the Registrar.
Decision on disputes regarding sums payable under sub-section (1) of section 9 or section 10 and the manner of recovery of those sums:-
11. (1) If there be any dispute regarding any sums payable under sub-section (1) of section 9 or section 10, the matter may be referred to Registrar for orders. From an order passed by the Registrar under this sub-section, an appeal shall lie to the district Magistrate of the District within which the Goshala concerned is situated. No appeal shall be from an order passed in appeal under this section.
(2) Any sum payable by a trader or a trustee under this section, as the case may be, shall be recoverable as an arrear of land revenue on an application of the Registrar.
Maintenance of accounts and their audit:-
12. (1) The accounts of every Goshala which has been registered under section 6 shall be balanced each year on the thirty-first day of March. The accounts shall be audited annually be a person appointed by the Government in this behalf and the auditor shall furnish copies of his audit note to the trustee of 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 records in 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, the trustee of every Goshala shall furnish to the Registrar a statement of the accounts in such form and containing such particulars, as may be prescribed.
Inspection of Goshalas:-
13. The Director or any person authorized by him in this behalf 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 rules or regulations made thereunder are duly complied with.
Goshala Fund, its application and audit:-
14. (1) There shall be formed a Fund to be called a Goshala 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 this provisions of this Act.
(2) The Goshala Fund shall vest in the Registrar and the balance standing to the credit of the fund shall be kept in such custody as the 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 he payment of salaries and the allowances of the Registrar and the persons employed in his establishment and cost of auditing of the accounts of Goshalas under section 12 ; and
(b) to the payment of any other expense incurred by the Registrar for carrying out the provisions of this Act.
(4) The Government shall every year appoint an auditor to audit the accounts of the Goshala Fund and fix his remuneration which shall be paid from the said fund. The Auditor shall submit his report to the Registrar and forward a copy of it to the Government which may issue such directions thereon as it may deem fit and the Registrar shall carry out such directions.
Penalties:-
15. (1) If the trustee of a Goshala fails or neglects to submit to the Registrar a statement as required under section 5 or report any change in the particulars of Goshala as required under section 8 of submit 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 not exceeding fifty rupees.
(2) If the trustee of a Goshala fails or neglects to keep accounts or to furnish a 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 not exceeding five hundred rupees.
(3) If any trader fails to comply with the provisions contained in section 9 within a period of two months from the date fixed by the Registrar under sub-section (2) of section 10, he shall, on conviction, be punishable with fine not exceeding five hundred rupees.
(4) If any person contravenes any other provision of this Act or any rule or any regulation made thereunder of fails to comply with any order made in pursuance of such provision, rule, or regulation, he shall, if no other penalty is provided elsewhere in this Act for such contravention, on conviction, be punishable with fine which may extend to one hundred rupees.
(5) Any court may, while passing an order of conviction and sentence under sub-section (1), (2), (3) or (4) specify a period within which the person convicted shall comply with the provisions of the Act or the rules or the regulations made thereunder which may be found to have been contravened by him and may also impose a fine not exceeding twenty rupees for every day for the period during which the default continues after the expiry of he period so specified:
Provided that such person satisfies the Court that there was good reason for his failure to comply with the order of the Court, within the period so specified, the Court may, if it thinks fix, extend the period any may remit the whole or any part of the fine.
Cognizance of offences:-
16. (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 an offence under this Act.
Power to make Regulations:-
17. (1) The Director may, with the previous sanction of the 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 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 shall be subject to the condition of previous publication.
Power to make rules:-
18. (1) The Government may make rules for the purpose of carrying in to effect the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers the Government may make rules for 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 Registrar of Goshala and the particulars to be entered therein under section b;
(d) the manner of verifying the report regarding any change in any of the particulars recorded in the Register of Goshals under sub-section (1) of section 8;
(e) the manner in which fees shall be paid by the trustee to the Registrar under section 10;
(f) the form in which the accounts shall be kept by the trustee under sub-section (3) of section 12 and the particulars to be entered in such form,
(g) any matter which may be prescribed to be made by regulations under section 17; and
(h) the manner in which the money held by the trustee of a Goshala for the use or benefit of such Goshalas shall be invested or disposed of.
(3) Rules made under this section shall be subject to the condition of the previous publication.
Bar of application of the Charitable and Religious Trusts Act, 1920:-
19. The provisions of the Charitable and Religious Trusts Act, 1920, shall not apply to any Goshala registered under this Act.
Provisions of the Act not in derogation of Madhya Pradesh Act XVIII of 1951:-
[19-A. The provisions of this Act shall be in additional to and not in derogation of the Madhya Pradesh Dharmadaya Funds Act, 1951 (XVIII of 1951.] Ins. by M.P. Act 23 of 1958, S.3 (3) Sch. Part. B, item 6. |
