No: 28 Dated: Sep, 27 1950

Bihar Goshala Act, 1950

(Bihar Act 28 of 1950)

    An Act to provide for better management and control of Goshalas in the State of Bihar

    Whereas it is expedient to provide for the better management and control of goshalas in the State of Bihar;

    It is hereby enacted as follows:-

1. Short title, extent and commencement. - (1) This Act may be called the Bihar goshala Act, 1950.

(2) It extends to the whole of the State of Bihar.

(3) It shall come into force on such [date] and in such areas as the State Government may, from time to time, by notification, appoint and different dates may be appointed for different areas.

2. Definitions. - 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 Animal Husbandry Department, Bihar and includes any officer appointed by the State Government to perform the functions of the Director of Animal Husbandry Department under this Act;

(c) "Federation" means the Bihar State Goshala Pinjrapole Federation constituted under Section 3:

    Provided that the Bihar Provincial Goshala Pinjrapole Federation registered under the Societies Registration Act, 1860, shall be the Federation for the purposes of this Act until the establishment of a Federation under the aforesaid, Section;

(d) "goshala" means a charitable institution established for the purpose of keeping, breeding, rearing and maintaining cattle or for the purpose of reception, protection and treatment of infirm, aged or diseased cattle and includes a "Pinjrapole", 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 State Government under this Act;

(g) "Registrar" means the Registrar of goshalas appointed by the State 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.

3. Establishment of the Federation. - As soon as possible after this Act comes into force, there shall be established in the State of Bihar a Federation to be called the Bihar State Goshala Pinjrapole Federation.The Federation shall consist of the prescribed number of members elected by the trustees of the goshalas of the State in the prescribed manner at a meeting specially held for the purpose.

4. Office of the Registrar and conditions of service of the Registrar and persons employed in his establishment. - (1) The Registrar may be either a paid or an honorary officer as the State Government may, from time to time, determine.

(2) The Registrar shall hold office for a term of five years and shall be eligible for re-appointment for a 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 State Government may, from time to time, determine.

(4) The State Government may remove the Registrar from office if he refuses to act or becomes incapable of acting or acts in a manner which the State Government, after hearing any explanation, that he may offer, consider to be prejudicial to the interest of the goshalas in the State.

(5) 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.

(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.

5. Trustees to furnish particulars relating to Goshalas. - (1) The trustee of every goshala shall, in the case of-

(i) a goshala established before the commencement of this Act, within six months of the 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 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) in the case of a goshala established before the commencement of this Act, the gross annual income of such goshala for three years immediately preceding the year in which the statement is submitted or in the case of a goshala established after the commencement of this Act, for the period which has elapsed since the establishment of such goshala;

(d) sources of such income;

(e) the amount of the annual expenditure of such goshala for the period referred to in clause (o); and

 (f) any other particulars that may be prescribed.

    (2) Such statement shall be accompanied by a copy of the deed or instrument establishing the goshala or such extract thereof as in the opinion of the Registrar sufficiently shows the origin, nature and object of such goshala or, if no such deed or instrument has been executed or if a copy thereof cannot be obtained, such statement shall contain full particulars of the origin, nature and object of the goshala so far as they are known to the trustee.

    (3) The statement shall be signed by every trustee or by his agent specially authorised 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 such statement.

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