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Reed.No.NW/CH-22 Reed. No. CHD/0092/2012-2014
Price : Rs 2.70
JPunjab (Bonernment CBazette
EXTRAORDINARY
Published by Authority
CHANDIGARH, TUESDAY, SEPTEMBER 23,2014
(ASV1NA1,1936SAKA)
LEGISLATIVE SUPPLEMENT
Contents Pages
P a r t - 1 Acts
The Punjab Gau-Sewa Commission Act,
2014
(Punjab Act No. 27 of 2014) .. 151-158
P a r t - I I Ordinances
Nil
Part - III Delegated Legislation
Nil
Par t - IV Correction Slips, Republications and
Replacements
Nil
(cxvi)
i
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 23,2014 151
(ASVN1,1936SAKA)
P A R T I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 23 rd September, 2014
No. 28-Leg./2014.-The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the 5th Day of
September, 2014, is hereby published for genera! information:-
THE PUNJAB GAU-SEWA COMMISSION ACT, 2014
(Punjab Act No. 27 of 2014)
AN
ACT
to establish the Pimjab Gau-Sewa Commisssion for the preservation and
. welfare of Cows in the State, for the supervision and control of institutions
established for the .purpose and to provide for the matters connected
therewith or incidental thereto.
B E it enacted by the Legislature of the State of Punjab in the Sixty-fifth
Year of the Republic of India, as follows:-
1. (I) This Act may be called the Punjab Gau-Sewa Commission Short title and
Act 2014 commencement.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2 . In this Act, unless the context otherwise requires,- Definitions.
(a) "Chairperson" means a Chairperson of the Commission;
(b) "Commission" means a Commission constituted under section 3;
(c) "Cow" includes a bull, bullock, ox, heifer or calf;
(d) "Government" means the Government of the State of Punjab in.
the Department of Animal Husbandry, Fisheries and Dairy
.Development;
(e) "institution" means any charitable institution or Non-Government
Organization 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,
fg m
>
\* 152 PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 23,2014
* (ASVN 1,1936 SAKA)
Gaushala, Pinjrapole, Gauraksha Sanstha and their federation or
union registered under any enactment for the time being in force or
otherwise;
(j) "member" means a member of the Commission and includes the
Chairperson and the Member Secretary;
(g) "prescribed" means prescribed by rules made under this Act;
< (h) "section" means a section of this Act; and
(i) "State" means the State of Punjab.
Constitution of 3 . (J) The Government shall, by notification the Official Gazette,
the Commission. c o n s j j t u t e a b o d v t o b e ^nown a s t h e Punjab Gau-Sewa Commission to
exercise the powers conferred upon and perform the functions assigned to
it under this Act.
(2) The Commission shall consist of-
(a) Ex-officio members:-
(i) the Financial Commissioner and the Principal Secretary to
Government of Punjab. Department of Animal Husbandry,
Dairy Development and Fisheries or his representative not
below the rank of Joint Secretary;
(ii) the Principal Secretary to Government of Punjab, Department
; of Finance or his representative not below the rank of Joint
Secretary;
(Hi) the Financial Commissioner and Principal Secretary to
Government of Punjab, Department of Local Government or
his representative not below the rank of Joint Secretary;
(iv) the Financial Commissioner and Principal Secretary to
Government of Punjab, Department of Rural Development
and Panchayats or his representative not below the rank cf
Joint Secretary;
(v) the Vice Chancellor, Guru Angad Dev Veterinary and Animal
Sciences University, Ludhiana or his representative;
(vi) the Director General of Police, Punjab or his representative
not below the rank of Deputy Inspector General of Police;
(vii) theDirector,Animal Husbandry,Punjab; Member Secretary;
(b) Non-official members:-
There shall be seven non official members, including the
J.^
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 23,2014 153
( A S V N 1 , 1 9 3 6 S A K A )
Chairperson.
(3) The Commission may associate officers or experts as special
invitees, as and when necessary.
4. The headquarter of the Commission shall be located at Chandigarh Headquarter of
or S.A.S.Nagar, Mohali. the Commission.
5. / The Government shall appoint the non-official members of the Appointment of
Commission having interest in animal welfare. t h c »<>n-official
Members of the
Commission.
6. ^The non-official members of the Commission shall hold office for Term of office of
a period of three years from the date of their appointment. non-official
members.
7. The allowances payable to and other terms and conditions of service_ Terms and
of non-official members shall be such, as may be prescribed. conditions of
—• —• ———— appointment of
non-official
members.
8. (1) A non-official membermay, by way of notice in writingunder Resignation and
his hand addressed to the Government, resign from his office. removal of non-
official members.
(2) Notwithstanding anything contained in sub-section (1), the
Government may, by order remove from the office, thc non-official member,
i fhe-
(a) is adjudged insolvent; or
(b) is of unsound mind and stands so declared by a competent court;
or
(c) is convicted and sentenced to imprisonment for an offence which
in the opinion of the Government, involves moral turpitude; or
(d) remains absent without obtaining leave of absence from the
Commission for three consecutive meetings; or
(e) has in the opinion of the Government so abused the position of non-
official member as to render that person to continue in office being
detrimental to the interest to the Commission or public interest.
9. No person shall be eligible for appointment as a non-official member, Disqualifications.
i f he -
(a) is not a citizen of India; or
(b) has not attained the age of 21 years; or
Casual vacancy.
Meetings of the
Commission.
154 PIJNJ AB GOVT. G AZ. (EXTRA), SEPTEMBER 23,2014
(ASVN 1.1936SAKA)
(c) is of unsound mind and stands so declared by a competent court; 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.
10. hi 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 there to as member who shall hold office for the unexpired term of his
predecessor.
11. (I) The Commission shall hold one meeting quarterly and at least
four meetings annually and shall keep a record of its proceedings.
(2) The meetings of the Commission shall be convened by the
Chairperson who shall preside over the meeting and in the absence of
Chairperson, the members present shall elect one from amongst them to preside
over such meeting.
(S) Six members comprising three ex-officio and three non-official
members, shall form quorum of the meeting.
(4) The proceedings of the meetings shall be forwarded to the
Government.
12. No act or proceedings of the Commission shall be questioned or
shall be invalid merely on the ground of existence of any vacancy in, or defect
in the constitution of the Commission or any defect in the appointment of a
person acting as Chairperson or a member or any irregularity in the procedure
of the Commission, including issuing of notice for holding of a meeting, not
affecting merits of the matter.
Appointment of 13. Subject to such rules as may be made in this behalf, the Government
officers and other n a p p o j n t for m e purpose of enabling the Commission to efficiently discharge
employees.
its functions under this Act, such number of officers and other employees, as
may be necessary.
Vacancies not to
invalidate
proceedings of
the Commission.
JC6
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 23,2014 155
(ASVN1,1936SAKA)
14. (1) On the commencement of this Act, every institution shall Registration of
within a period of three months, submit an application for registration under In u '*' . v . audi! of their
this Act in sucli manner, as may be prescribed. accounts.
(2) The Commission shall, after such enquiry as it deems fit, issue a
certificate of registration in such form, as may be prescribed.
(3) The Commission shall maintain a register of institutions registered
with it in such form, as may be prescribed.
(4) Whenever any change occurs in any of the particulars relating to
any institution recorded in the register as provided in sub-section (3), the
person entrusted to act on behalf of institution shall report the change to the
Commission, which shall after such enquiry, as it deems fit, make necessary
changes in the register.
(5) The accounts of every institution, which has been registered under
this Act, shall be prepared each year up to 31 st day of March and its accounts
shall be audited annually in the prescribed manner.
15. The Commission shall perform the following functions, namely:- Powers and
functions of the
(a) to ensure the protection afforded to Cow under any law for the Commission.
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;
(b) to ensure proper and timely implementation of the laws referred to
in clause (a) and to propose remedial measures regarding the
implementation of programmes of Government under Gaushala
Development Schemes;
(c) to ensure active participation of the institutions in the development
of indigenous breeds of Cow;
(d) to promote health care of Cow;
(e) to ensure care and management of Cow seized in violation of any
enactment for the time being in force;
(J) to ensure proper management and care of infirm and aged Cow
maintained by any institution;
(g) to supervise and inspect the institutions;
(h) to suggest such measures which may be helpful in strengthening of
the institutions which are economically weak;
156 PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 23,2014
(ASYN 1,1936SAKA)
Powers, duties
and functions of
the non-official
members.
Funds of the'
Commission.
Budget of the
Commission.
Bankers of the
Commission.
Power of the
Commission to
call for records.
Accounts and
audit.
0)
0)
(k)
(I)
to give financial assistance to the institutions;
to perform such other functions as may be assigned by the
Government;
to appoint such Cow Welfare Officers who shall work for the
implementation of the Act to take action including detention and
search of Cow, vehicles, seizure of Cow and to take Cow into
custody and initiate prosecution; and
to take custody of the Cow seized and to entrust them to the nearest
Gaushala, Gausadan or any Cow protection institution or to any
willing person pending the disposal of the prosecution proceedings.
16. The non-official members shall exercise such powers, discharge
such duties and perform such functions, as may be prescribed.
17. The funds of the Commission shall consist of the grants made by
the Government, donations, gifts and bequests made to it.
18. (1) The Commission shall on such date, as may be prescribed,
prepaie 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 fit.
(3) When the budget is sanctioned by the Government, the Commission
shall be competent to appropriate the amounts out of the funds for the purpose
for which the provision is made in the budget.
19. All funds of the Commission shall be kept in a nationalized bank
and shall be operated by an official as may be authorized by the Commission.
20. In order to enable the Commission to perform the functions under
this Act, the Commission may call for information or report from any institution.
2 1 . (1) The Commission shall maintain proper accounts and other
relevant records and prepaie an annual statement of accounts in such form,
as may be prescribed.
(2) The accounts of the Commission shall be audited by the Accountant
General at such intervals as he may consider appropriate and any expenditure
in connection with such audit, shall be payable by the Commission to the
Accountant General.
x<*
PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 23,2014 157
( A S V N 1 , 1 9 3 6 S A K A )
(3) The Accountant General or any person appointed by him in
connection with the audit of accounts of Commission under this Act shall have
the same rights and privileges and authority in connection with such audit as
the Accountant General generally has in connection with the audit of
Government account and in particular shall have the right to demand the
production of books, accounts, connected vouchers and other documents and
papers and to inspect any of the offices of the Commission.
22. The Commission shall prepare, in such form for each financial Annual Report.
year as maybe prescribed, its annual report, giving a full account of its activities
during the previous financial year and forward a copy there of to the Government.
23 . Upon receipt of a report made under section 22, the Government Action on
may take such action thereon, as it may consider appropriate. Commission s
reports.
24. The Government may call for such reports, returns and statements Power of the
from the Commission from time to time, as it may consider necessary. Government to
call for reports.
returns etc.
25 . (1) In the discharge of its functions under thisAct, the Commission Directions of the
shall be guided by such directions on the question of policy as may be given by Government.
the Government.
(2) If any dispute arises between the Government and the Commission
as to whether a question is or is not a question of policy, the decision of the
Government shall be final.
26 . All members and officers of the Commission shall be deemed, Members of the
while acting or purporting to act in pursuance of any provision of this Act, to C o m m i s s i o n t 0 l , e
. . . . . _ public servants.
be public servants within the meaning of section 21 of the Indian Penal Code,
1860 (Central Act No. 45 of 1860).
27 . No suit, prosecution or other legal proceedings shall lie against any Protection of
member or any officer or other employee of the Commission or any person action taken in
acting under the direction either of the Government or of the Commission, in
respect of anything, which is in good faith done or intended to be done in
pursuance of this Act or, any rule or order made thereunder.
28. (J) The Government may, by notification in the Official Gazette, Power to make
make rules for carrying out the purposes of this Act. ru les '
(2) In particular, and without prejudice to the generality of the
158 PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 23,2014
( A S V N 1 , 1 9 3 6 S A K A )
foregoing power; such rules may provide for all or any of the following matters,
namely:-
(a) terms and conditions of service of officers or officials of the
Commission;
(b) allowances which may be paid to the members of the Commission;
(p) the manner in which the institutions shall be registered;
(d) the manner in which and the authority which shall operate the
funds of the Commission;
(e) the manner in which complaints shall be entertained by the
Commission and mode of enquiry;
(/) the form and manner in which and the time within which the report
are to be submitted by Commission; and
(g) any other matter not specifically covered under this section.
(3) Every rule made under this section, shall be laid, as soon as may
be, after it is made, before the House of the State Legislature while it is in
session for a total period often 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 it is so laid or the successive sessions as aforesaid, the House agrees
in making any modification in the rule or the House agrees that the rule should
not be made, the rule shall thereafter have effect 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 or omitted to be done under that rule.
H.P.S. MAHAL,
Secretary to Government of Punjab,
Department of Legal and legislative Affairs.
595/09-2014/Pb. Govt. Press, S.A.S. Nagar
PUNJAB GOVT. GAZ. (EXTRA). MAY 13. 2016 71
(VYSK23. 1938 SAKA)
PART 1
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS,
PUNJAB
NOTIFICATION
The 13th May, 2016
No. 21-Leg./2016.-The following Act of the Legislature of the State of
Punjab received tire assent of the Governor of Punjab on the 26th day of
April, 2016, is hereby published for general information:-
THE PUNJAB GAU-SEWA COMMISSION (AMENDMENT)
ACT, 2016.
(Punjab Act No. 18 of 2016)
AN
Act
further to amend the Punjab Gau-Sewa Commission Act, 2014.
Bi it enacted by the Legislature of the State of Punjab in the Sixty-
Seventh Year of the Republic of India, as follows :-
1. (1) This Actjnay be called the Punjab Gau-Sewa Commission Short title and
(Amendment) Act, 2016. commencement.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Punjab Gau-Sewa Commission Act, 2014 (hereinafter referred Amendment in
to as the principal Act), in section 2,- ^ c U o" 2 °'
1 v ' Punjab Act 27 o!
(i) in clause (f), for the word "Chairperson", the words and sign 2014-
"Chairperson, Vice-Chairperson" shall be substituted;
(it) in clause (7i), the word "and" shall be omitted; and
(Hi) in clause (i), for the sign ".", the sign and word "; and"shall be
substituted and thereafter the following clause shall be added,
namely:-
n(j) "Vice-Chairperson"means Vice-Chairperson of the
Commission.".
PUNJAB GOVT. GAZ. (EXTRA), MAY 13, 2016 • 72
(VYSK23, 1938 SAKA)
3 . In the principal Act, in section 3, m sub-section (2),- Amendment in
section 3 of
(i) in clause (a), in sub-clauses (i), (ii), (Hi) and (iv), the words "not Punjab Act 27 of
2014
below the rank of joint Secretary "and in sub-clause (vi), the words
"not below the rank of Deputy Inspector General of Police"shall be
omitted; and
(ii) for clause (b), the following clause shall be substituted, nameiy:-
"(b) Non-official member-
There shall be ten non-official members, including the
Chairperson and the Vice-Chairperson.".
4 . In the principal Act, in section 11,- Amendment in
section ! I of
(i) in sub-section (2), for the words "the member present shall elect", Punjab Act 27 of
the words and sign "the Vice-Chairperson shall preside over the 2014-
meeting and in the absence of Chairperson and Vice-Chairperson,
the members present shall elect" shall be substituted; and
(ii) for sub-section (3), the following sub-section shall be substituted,
namely:-
"(3) Eight members comprising four ex-officio and four non-official
members, shall form quorum of the meeting.".
5 . (I) The Punjab Gau-Sewa Commission (Amendment) Ordinance, Repeal and
2015 (Punjab Ordinance No. 3 of 2015) is hereby repealed. saving.
(2) Notwithstanding such repeal, anything done or any action taken
under the Ordinance referred to in sub-section (I), shall be deemed to have
been done or taken under this Act.
VIVEK PURI,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
1010/05-2016/Pb. Govt. Press, S.A.S. Nagar
About this act
- Jurisdiction
- Punjab
- Enactment date
- 2014-09-05
- Sections available
- Document reader
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