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1

MAHARASHTRA ACT No. XXIII OF 2023.

(First published, after having received the assent of the Governor in the

“Maharashtra Government Gazette”, on the 28th April 2023).

An Act to constitute Goseva Ayog for the preservation, protection and

welfare of cattle, and for supervision of Institutions engaged

therein, in the State of Maharashtra and to provide for the

matters connected therewith or incidental thereto.

WHEREAS it is expedient to constitute Goseva Ayog for the

preservation, protection and welfare of cattle, and for supervision of

Institutions engaged therein, in the State of Maharashtra and for the

matters connected therewith or incidental thereto; it is hereby enacted in

the Seventy-fourth Year of the Republic of India, as follows :–

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Maharashtra Goseva Ayog

Act, 2023.

(2) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint.

Short title

and

commencement.

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Maharashtra Goseva Ayog Act, 2023 (Mah. Act No. XXIII of 2023), is hereby

published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

Secretary (Legislation) to Government,

Law and Judiciary Department.

RNI No. MAHENG / 2009 / 35528

(1)

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2.

In this Act, unless the context otherwise requires,–

(a) “cattle” means cows, cow-bulls, bullocks and cow-calves of

indigenous (Desi) breed and also includes the non-descript breed;

(b) “Chairperson” means the Chairperson of the Ayog;

(c) “Goseva Ayog” or “Ayog” means the Maharashtra Goseva Ayog

constituted under section 3;

(d) “Institution” means any charitable institution registered under

the Maharashtra Public Trusts Act, or a society registered under the

Societies Registration Act, 1860 or the Maharashtra Co-operative

Societies Act, 1960 or a company registered under the Companies

Act, 2013, engaged in cattle keeping, breeding, rearing and maintaining

and reception, protection, care, management and treatment of infirm,

aged and diseased cattle for the purposes of preservation, protection

and welfare thereof and includes Gosadan, Goshala, Panjarpol,

Gorakshan Sanstha, etc. and their Federation or Union registered

under any enactment for the time being in force or otherwise;

(e) “member” means a member of the Goseva Ayog and includes

the Chairperson;

(f) “prescribed” means prescribed by rules made under this Act;

(g) “regulations” means regulations made by the Goseva Ayog

under this Act;

(h) “rules” means rules made under this Act;

(i) “State Government” or “Government” means the Government

of Maharashtra.

CHAPTER II

GOSEVA AYOG

3.

(1) The State Government shall, by notification in the Official

Gazette, constitute a body to be known as “the Maharashtra Goseva Ayog”

to exercise the powers conferred upon and to perform the functions

assigned to it, under this Act.

(2) The Goseva Ayog shall be a body corporate by the name

aforesaid having perpetual succession and a common seal with power

to acquire, hold and dispose of property, both movable and immovable,

and to contract, and may by the said name sue or be sued.

(3) The head office of the Goseva Ayog shall be at such place, as

may be prescribed.

(4) The Goseva Ayog shall consist of the following members,

namely:–

(a) one non-official member from the

Chairperson;

members specified in clause (p)

to be nominated by the Government

(b) the Commissioner, Animal Husbandry

ex officio

member ;

(c) the Commissioner, Agriculture

ex officio

member;

Definitions.

XXIX of

1950.

21 of

1860.

Mah.

XXIV of

1961.

18 of

2013.

Constitution

and

incorporation

of Goseva

Ayog.

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(d)

the Commissioner, Dairy Development

ex officio

member;

(e)

the Commissioner, Transport

ex officio

member;

(f)

an officer to be nominated by the Director

ex officio

General of Police, not below the rank of the

member;

Deputy Inspector General of Police

(g)

the Joint Secretary or Deputy Secretary,

ex officio

Animal Husbandry

member;

(h)

an officer to be nominated by the Charity

ex officio

Commissioner, not below the rank of the

member;

Deputy Charity Commissioner

(i)

an officer to be nominated by the Rural

ex officio

Development Department, not below the

member;

rank of the Deputy Secretary

(j)

an officer to be nominated by the Finance

ex officio

Department, not below the rank of the

member;

Deputy Secretary

(k)

an officer to be nominated by the

ex officio

Urban Development Department, not

member;

below the rank of the Deputy Secretary

(l)

an officer to be nominated by the Home

ex officio

Department, not below the rank of the

member;

Deputy Secretary

(m) an officer to be nominated by the Forests

ex officio

Department, not below the rank of the

member;

Deputy Secretary

(n)

the Director (Extension) of the Maharashtra

ex officio

Animal and Fishery Sciences University,

member;

Nagpur

(o)

the Director (Extension) of the Mahatma

ex officio

Phule Agricultural University, Rahuri or

member;

an officer to be nominated by the Director

(Extension) having expertize in the

field of Fodder Development

(p)

nine non-official persons or representa-

members;

tives of the Non-Governmental Organiza-

tions (NGOs) or Gosadan, Goshala, Panjarpol

and Gorakshan Sanstha, etc. or their federation

or union, who, in the opinion of the

Government have experience of the

following fields, to be nominated by the

State Government:–

(i) cattle welfare;

(ii) animal management;

(iii) veterinary science;

(iv) dairy development or dairy technology;

¦ÉÉMÉ +É`ö------40--2

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(v) biotechnology and biodiversity ;

(vi) marketing;

(vii) law;

(viii) social work; or

(ix) modern technology, processing

industry and treatment under

various modern as well as

indigenous pathies.

(q)

an officer to be nominated by the

member-

Government not below the rank of

secretary.

Joint Commissioner of Animal

Husbandry

(5) The appointment of the non-official members shall take effect

from the date on which their names are published in the Official

Gazette.

(6) The post of the Joint Commissioner of Animal Husbandry shall

be created, who shall discharge his duty as a member secretary of the

Goseva Ayog.

(7) If the office of the Chairperson is vacant or if the Chairperson

is absent, then the Commissioner, Animal Husbandry shall discharge

the functions of the Chairperson.

4.

(1) Subject to the pleasure of the Government, the Chairperson

and non-official members of the Goseva Ayog, shall hold office for a term

of three years from the date of their appointments are notified in the

Official Gazette, unless terminated earlier by the State Government.

(2) The non-official members shall receive such allowances as

may be prescribed.

(3) A non-official member may resign from his office in writing

addressed to the State Government.

5.

A person shall be disqualified for being appointed as, or

for being continued as, the Chairperson or member, as the case may be,

if he, –

(a) is not a citizen of India;

(b) has not attained the age of twenty-one years;

(c) is of unsound mind and stand so declared by a competent

court;

(d) is convicted for an offence involving moral turpitude;

(e) has been removed or dismissed from the service of the

Government; and

(f) is an undischarged insolvent.

6.

(1) The State Government may remove any non-official member,

who,–

(a) has been disqualified under section 5;

(b) refuses to act or becomes incapable of acting;

(c) is, without obtaining leave of absence from the Goseva Ayog,

remains absent for three consecutive meetings of the Goseva Ayog; or

Term and

allowances of

non-official

members.

Disqualification.

Removal of

non-official

members.

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(d) has, in the opinion of the State Government so abused the

position of the Chairperson or member, so as to render his continuance

in the office detrimental to the interests of the Goseva Ayog.

(2) No order of removal under sub-section (1) shall be made, unless

the non-official member has been given reasonable opportunity of being

heard; and when such order is passed, the office of the member so removed

shall be deemed to be vacant.

(3) A member who has been so removed under sub-section (1) shall not

be eligible for reappointment as a member or on any other post of the

Goseva Aayog.

7.

(1) Any casual vacancy occurred due to death, resignation,

disqualification or removal of a non-official member shall be filled as early

as possible.

(2) A member appointed under sub-section (1) shall hold office so long

as the member in whose place he has been appointed would have held

office if the vacancy had not occurred.

8.

(1) The Goseva Ayog shall hold meetings at least four times in a

year and shall keep record of its proceedings in a minute book.

(2) The meetings of the Goseva Ayog shall be convened and presided

over by the Chairperson.

(3) Subject to the provisions of this Act and the rules made thereunder,

the Goseva Ayog may observe such procedure in regard to the transaction

of business at its meetings (including the quorum there at) as may be

specified by regulations.

9.

No act or proceeding of the Goseva Ayog shall be invalid merely

on the ground of the existence of any vacancy, or any defect, in the

constitution of the Goseva Ayog.

10.

Subject to such rules as may be made in this behalf, the State

Government may, for the purpose of enabling the Goseva Ayog to efficiently

discharge its functions under this Act, provide such number of officers and

other employees as may be considered necessary.

11.

The Goseva Ayog shall perform the following functions, namely :–

(a) to register Institutions under this Act;

(b) to ensure protection given to cattle under any law for the time

being in force;

(c) to ensure proper and timely implementation of programs and

schemes of the State Government for development of Gosadan, Goshala,

Panjarpol and Gorakshan Sanstha ;

(d) to ensure active participation of the Institutions in the

development of indigenous breed of cattle specially of the State of

Maharashtra;

(e) to promote health care of cattle;

(f) to ensure care and management of cattle seized for violation of

any enactment for the time being in force;

(g) to ensure proper management, care and treatment of infirm,

aged and diseased cattle maintained by the Institutions;

Casual

vacancy.

Meetings of

Goseva Ayog.

Vacancy not

to invalidate

proceedings.

Appointment

of officers and

other

employees.

Functions of

Goseva Ayog.

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¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, BÊ|É±É 28, 2023/´Éè¶ÉÉJÉ 8, ¶ÉEäò 1945

(h) to ensure implementation of awareness and training

programme for farmers and other stakeholders regarding cattle

management;

(i) to ensure active co-operation of Institutions in the conservation

and development of indigenous breed of cattle;

(j) to ensure and monitor the implementation of bovine breeding

policy of the State of Maharashtra;

(k) to supervise and inspect the Institutions;

(l) to promote cultivation and production of improved variety of

fodder, fodder-seed and pasture development activities;

(m) to co-ordinate with the Maharashtra Animal and Fishery

Sciences University, Nagpur and other Research Institutions dealing

with cattle and fodder development programs and to ensure active

participation of the Institutions to adopt new scientific technology;

(n) to co-ordinate with universities and other Research Institutes

to develop and get their support to adopt new scientific technologies

for breed improvement, fodder development and industries based on

dung, urine, biogas, etc.;

(o) to suggest such measures which may be helpful in

strengthening of the Institutions which are economically weak;

(p) to give financial assistance to the Institutions;

(q) to enquire into complaints in the functioning of any Institution;

(r) to review the activities of prevention of cruelty to cattle;

(s) to review the activities of District Society for the Prevention

of Cruelty to Animals;

(t) to ensure implementation of the provisions of this Act and

rules made thereunder; and

(u) to perform such other functions as may be prescribed.

CHAPTER III

REGISTRATION OF INSTITUTIONS

12. (1) Every Institution shall submit to the Goseva Ayog an application

for registration under this Act, in such form and manner and containing

such particulars as may be prescribed, duly signed by the person authorized

in this behalf by such Institution,–

(a) within a period of six months from the date of commencement

of this Act, in case of the Institutions in existence on such date; and

(b) within a period of three months from the date on which the

Institutions are established, after the date of commencement of this

Act.

(2) The application shall be accompanied by such fees as may be

prescribed.

(3) The Goseva Ayog shall after such enquiry as it deems fit, issue a

certificate of registration in such form as may be prescribed.

(4) The Goseva Ayog shall maintain a Register of Institutions registered

with it, in such form, as may be prescribed.

Registration

of

Institutions

and audit of

their

accounts.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, BÊ|É±É 28, 2023/´Éè¶ÉÉJÉ 8, ¶ÉEäò 1945

7

(5) If there is any change in any of the particulars relating to the

Institution recorded in the Register as prescribed under sub-section (4),

the person entrusted to act on behalf of the Institution shall report the

change to the Goseva Ayog. The Ayog shall, after such enquiry (if any) as

it deems fit, make the necessary change in the Register.

(6) The accounts of every Institution which has been registered under

this Act, shall be balanced each year on the thirty-first day of March and

its accounts shall be audited annually in the prescribed manner.

13.

The Goseva Ayog or any of its officers duly authorized in this

behalf may inspect any premises of the Institutions or any records thereof

for the purposes of ensuring implementation of this Act or rules made

thereunder.

CHAPTER IV

FINANCE, ACCOUNTS AND AUDIT

14.

(1) There shall be a fund of the Goseva Ayog to be called “the

Goseva Ayog Fund”, to which shall be credited all moneys received by the

Ayog, including grants made by the Government, fees received, donations,

gifts and bequests made to it by any person or institution.

(2) All funds of the Goseva Ayog shall be kept in a Nationalized Bank

and shall be operated by the person as may be authorized by the Ayog in

this behalf, in writing.

15.

(1) The Goseva Ayog shall maintain proper accounts and other

relevant records and prepare a report on accounts in such form as may be

prescribed in consultation with the Accountant General, Maharashtra.

(2) The accounts of the Goseva Ayog shall be audited by the Accountant

General at such intervals as may be specified by the Accountant General

and any expenditure in connection with such audit shall be borne by the

Ayog.

(3) The Accountant General or any person appointed by the Accountant

General in connection with the audit of the accounts of the Goseva Ayog

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 accounts 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 Goseva Ayog.

16.

The Goseva Ayog shall prepare, in such form and by such date,

as may be prescribed, for each financial year, an annual report, giving a

full account of its activities during the previous financial year; and submit

a copy of it to the Government within one month from the prescribed date.

17.

(1) Upon receipt of the annual report submitted under section

16, the Government may take such action thereon as it may consider

necessary.

(2) A copy of the report submitted to the Government, together

with a report of the action taken thereon by the Government under sub-

section (1), shall be laid before each House of the State Legislature.

Inspection.

Goseva Ayog

Fund.

Accounts and

audit.

Annual

report.

Action on

Ayog’s report.

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CHAPTER V

MISCELLANEOUS

18.

The Government may call for such reports, returns or statements

from the Goseva Ayog, from time to time, as it considers necessary.

19.

In order to enable the Goseva Ayog to perform the functions

under this Act, the Ayog may call for information or report from any

Department of the Government or any body or authority or any Institution

and the Department or body or authority or the Institution, as the case

may be, shall, as early as practicable, comply with such request of the

Ayog.

20.

The Government may, from time to time, in the public interest

and for better and effective administration of the Goseva Ayog, give such

directions to Ayog as deemed necessary; and the Goseva Ayog shall comply

with such directions.

21.

(1) Any person aggrieved by an order passed by the Goseva Ayog

under section 22 or any other order passed under this Act, may, within

sixty days from the date of its communication, file an appeal to the

Government.

(2) On receipt of such appeal, the Government shall, after giving a

reasonable opportunity of being heard to the appellant, pass such order as

it may think fit.

(3) Every order made under this section by the Government shall be

final.

22.

(1) If any person or Institution contravenes any of the provisions

of this Act or any rules made thereunder, or fails to comply with any order

made in pursuance of such provisions, the Goseva Ayog may, after such

enquiry as it may deem necessary, and after giving the person or Institution

an opportunity of being heard, impose upon him penalty which may extend

upto ten thousand rupees.

(2) The amount of penalty if not paid, it shall be recoverable as an

arrears of land revenue.

23.

All members and officers of the Goseva Ayog shall, when acting

or purporting to act in pursuance of any of the provisions of this Act or

rules made thereunder, be deemed to be public servants within the meaning

of section 21 of the Indian Penal Code.

24.

No suit, prosecution or other legal proceedings shall lie against

any member, officer or employee of the Goseva Ayog for anything which is

in good faith done or intended to be done under this Act.

25.

The Goseva Ayog may, with the previous approval of the State

Government, make regulations, from time to time, by notification published

in the Official Gazette, not inconsistent with the provisions of this Act and

rules made thereunder, for all or any of the matters provided under this

Act by regulations.

Power of

Government

to call for

reports,

returns, etc.

Power of Ayog

to call for

records.

Power to give

directions.

45 of

1860.

Penalty.

Appeal.

Power to

make

regulations.

Members of

Goseva Ayog

to be public

servants.

Protection of

action taken

in good faith.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öú, BÊ|É±É 28, 2023/´Éè¶ÉÉJÉ 8, ¶ÉEäò 1945

9

26.

(1) The State Government may, by notification published in the

Official Gazette, make rules, subject to the condition of previous publication,

to carry out the purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be,

after it is made, before each House of the State Legislature while it is in

session for a total period of thirty 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 session immediately following, both

Houses agree in making any modification in the rule or both Houses agree

that the rule should not be made and notify such decision in the Official

Gazette, the rule shall, from the date of publication of a notification in the

Official Gazette, have effect only in such modified form or be of no effect,

as the case may be; so, however, that any such modification or annulment

shall be without prejudice to the validity of anything previously done or

omitted to be done under that rule.

27.

(1) If any difficulty arises in giving effect to the provisions of this

Act, the State Government may, as occasion arises, by an order published

in the Official Gazette, do anything, not inconsistent with the provisions

of this Act, which appears to it to be necessary or expedient for the purpose

of removing the difficulty :

Provided that, no such order shall be made after the expiry of the

period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as

soon as may be, after it is made, before each House of the State Legislature.

Power to

make rules.

Power to

remove

difficulties.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A,

NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.