The Bihar Goshala Rules, 1953

The Bihar Goshala Rules, 1953

Rule 28 of 1950

Part I – [Rule 6(i)]

Part II – [Section 5(1)(b) of the Bihar Goshala Act, 1950]

Part III – Under Section 5(1)(b) of the Goshala Act, 1950

Part I – Register of Goshalas

Part II – [Section 5 (1) (b) of the Bihar Goshala Act, 1950]

Part III – [Section 5(i)(b) of the Bihar Goshala Act, 1950]

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State of Bihar - Act

1. Short title.

2. Definition.

3. Federation and its constitution.

4. Procedure for the conduct of other business.

5. Proceedings to be recorded.

6. Submission of statement by trustee.

7. Maintenance of register.

8. Change in particulars of goshala to be reported.

9. Notice of inquiry.

10. Notice to be sent to trustee of goshala.

11. Issue of notice by Registrar.

12. Manner of payment of fees to the trustees.

13. Issue of notice of demand for failure to pay fees.

14. Issue of notice of demand by Registrar.

15. Statement of accounts to be furnished by trustee.

16. Money to be deposited in the name of Treasurer and Secretary.

17. Regulations.

18. Service of notices.

19. Preparation of audit note.

1. Three copies of the Memorandum and Rules and Regulation, if any, of such Goshala.

2. Particulars of Reserve Fund, if any, with details of investment.

1. Registered no......................

2. Name of Goshala....................

3. Column number of statement in which the amendment is required...

4. Particulars of the amendment with descriptive note......

5. Remarks............................

1. Duration of audit

2. Name of Goshala Address:-

3. Registration No.:-

4. Is the Goshala affiliated with the Bihar State Goshala Pinjrapole Federation?

5. Date on which audit note was ready.

6. Date of submission of Audit Note to the following-

7. Date

8. List of office-bearers and employees present during audit period.

9. Name of office bearers and members of the Working Committee.

10. List of paid employee.

11. Balance on the date of audit.

12. Mention of contravention of the Act, the Rules and Regulation.

13. Examination of cases of contravention of the resolutions adopted by the last general meeting.

14. Examination of prescribed account and other registers and comment, if any.

15. Examination of all items of the expenditure and income including contingency, travelling allowance, etc, and mention of unauthorised items of expenditure with suggestions of ways, means and action for realization of the same from persons.

16. Liabilities and assets with comments.

17. Verifications of the record of land, building and checking the income and expenditure in respect of them.

18. Full details and particulars of investment in Bank, etc.

19. Checking of figures entered in the Pass Book of Bank, etc., and result.

20. Levy to Bihar Goshala Fund.

21. Contribution to the State Goshala Pinjrapole Federation.

22. Statement of cattle

23. Figures of milk and milk products of last five years.

24. List of articles and furniture...

25. List of arrear, Briti, advance, donations, etc., and comments:-

26. Statement of income and expenditure.

27. Details of assets and liabilities.

28. Note:-

State of Bihar - Act

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BIHAR
India

Published on 24 October 1953
Commenced on 24 October 1953
[This is the version of this document from 24 October 1953.]
[Note: The original publication document is not available and this content could not be verified.]

The Bihar Goshala Rules, 1953Published vide Notification under Section 18 of the Bihar Goshala Act, 1950 (Bihar Act 28 of 1950) and published in the Bihar Gazette, 1955, Notification No, 6694-D, dated 22nd/24th October, 1953.

- These Rules may be called the Bihar Goshala Rules, 1953.

- In these Rules unless there is anything repugnant in the subject or context,-

(a)'form' means a form appended to these Rules;

(b)'section' means a Section of the Act;

(c)'the Act' means the Bihar Goshala Act, 1950; and

(d)all other words and expressions used herein but not defined shall have the meanings respectively assigned to them under the Act.

(1)The Federation shall consist of twenty-five members including a Chairman, a Secretary, a Joint Secretary and a Treasurer.

(2)The members of the Federation shall be elected by the trustees of the goshalas of the State in the following manner, namely;-

(i)within three months of the preparation of the register of goshalas a notice specifying the date, place and time of the meeting for election of the members and office-bearers of the first Federation shall be sent by the Registrar under postal certificate to each trustee of the registered goshalas at least fifteen days before the date of the meeting;

(ii)the Registrar shall preside at the meeting until the trustees present in the meeting have elected a President from amongst themselves to preside over the meeting;

(iii)the President so elected shall then preside over the meeting for the election of members and office-bearers of the Federation;

(iv)at least one half of the total number of goshalas or fifty trustees, whichever is less, shall form the quorum for the meeting;

Provided that if at any meeting the quorum is not present, the Registrar or the President, as the case may be, may adjourn the meeting to some other date and the notice of such meeting shall be issued in the same manner as is prescribed in clause (i) and no quorum shall be required for an adjourned meeting;

(v)all votes shall be recorded by the trustees in person in such manner as may be determined by the Registrar or the President, as the case may be; and

(vi)the election of each member or officer bearer shall be by a majority votes and in the case of an equality of votes the President shall have a second or casting vote.

(3)The President, office-bearers and other members of the Federation shall continue to hold office until they cease to be members by reason of death, resignation or otherwise, but as nearly as possible one fourth of the members shall retire as soon as may be on the expiration of every second year in accordance with the procedure laid down in sub-rules (1) and (5):Provided that the term of a person elected as a member or office-bearer to fill a casual vacancy shall be the unexpired term of the members or office bearer in whose place he has been elected.

(4)The members shall be divided into four categories and the members to be placed in each category shall be determined by the President by drawing lots in public in such manner as he may deem fit after notifying in the Bihar Gazette the time at which lots will be drawn; and the term of office of a member shall expire at the expiration of the second, fourth, sixth and eighth year from the date of the constitution of the Federation according as he is placed in the first, second, third or fourth category.

(5)The President shall cause to be published at the office of the Federation a statement showing the term of office of members as determined under sub-rule (4).

- The Federation shall determine the procedure for the conduct of its business in respect of other matters;Provided that-

(i)all decisions shall be taken by a majority of voter and in the case of an equality of votes the President shall have a second or casting vote; and

(ii)every proposal in a meeting shall be duly seconded.

- Proceedings of the meetings of the Federation shall be recorded in a Minute Book signed by the Chairman and the Secretary of the Federation.

(1)The trustee of every goshala shall submit the statement required under sub-section (1) of Section 5 in Form I which shall be signed by the trustee or his authorised agent and verified by the person signing the statement in the manner prescribed at the bottom of the Form.

(2)When a trustee does not submit the statement within the period specified in sub-section (1) of Section 5, the Registrar may issue a notice to such trustee in Form II requiring him to submit the statement.

(3)After the submission of the statement under sub-rule (1) the Registrar shall grant a receipt in Form III to the trustee or his agent.

- The register of goshalas maintained by the Registrar under Section 6 shall be in Form IV and the Registrar shall grant a certificate of registration in Form V.

- A trustee of a goshala or his authorised agent shall report any change in the particulars of the goshala in Form VI duly verified at the bottom.

- The notice of inquiry under Section 7 to be served on the Director and on the trustee of a goshala shall be in Form VII.

- After fixing the area of a goshala under sub-section (i) of Section 9, the Director shall send a notice in Form VIII to the trustee of that goshala and a copy of that notice to the Registrar.

- On the application of a trustee of goshala under sub-section (2) of Section 9 against a trader the Registrar may for the purpose of ascertaining the moneys payable by the trader to the trustee, issue a notice in Form IX.

(1)The fees paid by the trustees of goshala under Section 10 shall be deposited in a lump sum or in instalments as may be determined by the Registrar, in the goshala Fund by means of a bank draft or by crossed postal order in favour of the Registrar.

(2)The Goshala fund shall be treated as a local fund under Rule 573 of the Bihar Treasury Code. Volume 1, and the Registrar shall operate the fund through Banking account at the Patna Treasury under Rule 576 of the Bihar Treasury Code, Volume I, under the head detailed below:-"Deposits and advances-Deposit not bearing interest-Other deposit account-Accounts of local funds-Other miscellaneous fund-Goshala Fund."

- On the failure of a trustee to pay the fee required under Section 10 the Registrar shall issue a notice of demand to the trustee in Form X.

- When any order is passed by the Registrar under sub-section (1) Section 11 he shall in the case of money payable by the trader issue a notice of demand in Form XI and in the case of money payable by a trustee in Form XII.

- The trustee of every goshala shall submit to the Registrar a statement of account required under sub-section (3) of Section 12 in Form XIII.

- Money held by the trustees of goshala for day to day expenses shall be deposited in the joint name of the Treasurer and the Secretary of the goshala either with reliable firms in consultation with the Registrar or in the Postal Savings Bank at the nearest Post Office and the money not required for day-to-day expenditure shall be invested in the Government Securities or Debentures or with reliable firms with the approval of the Registrar.

- The regulations made under Section 17 may provide for-

(a)a committee of management for a goshala the number and manner of election of members of such committee and the term of office of the members: and

(b)the conditions of service of the servants of goshala.

- The notice required to be issued under the Act or these Rules shall be served either by the Sub-divisional Magistrate of the area or by registered post with acknowledgement due.

- The auditor appointed under Section 12 shall prepare an audit note in Form XIV.Form I

Statement of registration of goshala under Section 5 of the Bihar Goshala Act, 1950 (XXVIII of 1950)

Name and address of trustees	Mode of succession of trustees	Details of Property	Gross annual income for three years preceding theyear in which the statement is submitted or for the periods whichhas elapsed since the establishment of goshala	Sources of income	Amount of expenditure for the period referred toin column 5	Three copies of the memorandum and Rules andRegulation, if any of applicant goshala	Remarks
Movable	Immovable
1	2	3	4	5	6	7	8	9

Serial No.	Name of building	Where situated with boundary and plot No.	Description of building	Cost of construction or purchase	Purpose for which used	Remarks
1	2	3	4		6	7

Date when formally acquired and when taken up onrent or free of rent	If rented, amount of annual rent	If not formally acquired, terms on which held	Reference to title deeds, maps, etc.	Remarks and initials of Registrar
8	9	10	11	12

Form II[Rule 6 (2)]Notice from under sub-section (5) of Section 5 of the Bihar Goshala Act, 1950 (Act XXVIII of 1950)To.................................................................................I, Registrar of Goshalas, Bihar in exercise of the powers conferred on me under sub-section (5) of Section 5 of the Bihar Goshala Act, 1950, hereby notify you to submit to me within a month of the receipt of this notice, statement in Form (II, IIA, IIB, duly verified in Form no. Ill) I (enclosed).

Registrar of Goshalas, Bihar.Patna, the...................................200.N.B. (1) The statement shall be accompanied by a copy of the deed instrument establishing the Goshala or such extract thereof as in the opinion of the Registrar sufficiently shows the original nature and object of the Goshala if no such deed or instrument has been executed or if a copy thereof cannot be obtained, the statement shall contain full particulars of the origin, nature and object of the Goshala so far as they are known to the trustee.

(2)The statement shall be signed by every trustee or by his agent specially authorised in this behalf.

(3)The person signing the statement shall verify it at the bottom.Form III[Rule 6 (3)]Acknowledgement of statement filed under Section 5 of the Bihar Goshala Act, 1950 (Act XXVIII of 1950)Received a statement in Form I from the trustee or trustees ................................................................................... for registration under Section 6 of the Bihar Goshala Act, 1950 (Bihar Act XXVIII of 1950).Registrar of Goshalas, Bihar.Dated the...................200.Form IV(Section 6)Rule 7

Name and address of the Goshala........................

Date	Serial No.	Name and address of the trustees	Mode of succession to the office of the trustee	Details of property
Immovable	Movable
Land	Value	Building	Particular of investments
Value	In security Deposits	In cash	Valuation of Movable articles appliances, etc.
1	2	3	4	5	6	7	8	9	10	11

Total valuation	Gross income for three years preceding the yearto which the income for the periods which has elapsed since theestablishment of such Goshala	Sources of income	Annual expenditure of the last three years	Any other particulars prescribed by the Rule	Whether filed or recorded.	Remarks	Signature of Registrar.
12	13	14	15	16	17	18	19

Serial No.	Name of Buildings	Where situated with boundary Plot No.	Description of building	Cost of construction or purchase	Purposes for which used	Remarks
1	2	3	4	5	6	7
				Rs. P.

Serial No.	Area	Description and situation with boundary	For what purpose held	Formally acquired under the law	Rented	Free of rent
1	2	3	4	5	6	7

Date when formally acquired and when taken up onrent or free of rent	If rented amount of annual rent	If not formally acquired, terms on which held	Reference to title deeds, maps, etc.	Remarks and initials of Registrar
8	9	10	11	12

Form V(Rule 7)Certificate of Registration under Section 6 of the Bihar Goshala Act, 1950 (Bihar Act XXVIII of 1950)Office of the Registrar of Goshalas, BiharIn the matter of................................................I do hereby certify that a statement of particulars relating to the above Goshala has been filed under Section 5 of the Bihar Goshala Act, 1950 and registered this day in my office and that the said Goshala has been duly registered pursuant to the provisions, of the said Act.Dated this................................day of.............................. two thousand ....Registrar of Goshalas, Bihar.Dated..................................200.Form VABudget Estimate for............................ Goshala at, for the year 200.

Serial no.	Particulars of income	200 Actual income	200 Actual or Revised	Budget Estimate	Approved by Registrar	Remarks
1	2	3	4	5	6	7
		Rs.	Rs.	Rs.	Rs.	Rs.
	Opening Balance...
1.	Briti, donation, gift, subscription, etc.
2.	By sale of milk.
3.	By sale of (a) livestock and (b) manure.
4.	By rent, revenue and sale of produce.
	Total...
	Expenditure.
1.	To rent, taxes, etc...
2.	Purchase of fodder...
3.	Live-stock, implements, etc...
4.	Establishment and miscellaneous expenditure.
5.	Contingency Closing Balance Deficit...
	Total...

Copy of the resolution of the Committee adopting the Budget.SecretaryApproved and countersigned byRegistrar of Goshalas, BiharForm VI(Rule 8)Amendment to statement under Section 8 of the Bihar Goshala Act, 1950 (Bihar Act XXVIII of 1950)I............................... son of............................on behalf of...................................hereby apply for amendment to the particular number of form of registration.

Dated.............. 200.Signature[Verification form under Section 5 (4) of the Bihar Goshala Act, 1950]I,....................................son of...................................resident of thana....................................district................................. hereby solemnly verify that all the information's given are true to the best of my knowledge and belief and information.Dated.....................................200.................SignatureForm VII(Rule 9)Notice of enquiry under Section 7 (i) of the Bihar Goshala Act, 1950. (Bihar Act XXVIII of 1950)To,.................................................................................Whereas I have reasons to believe or have received complaint, under Section 7 (i) of the Act about the unsatisfactory condition of your Goshala, you are hereby directed to appear before me in person or through authorised agent at the following place, date and time with the following relevant papers for inspection:-Place of hearing................................................................Date....................................................................................................................Time............................................................................Relevant papers to be produced:-

(a)The details of the property appertaining ot the Goshala;

(b)The name and address of the trustee of the Goshala;

(c)The mode of succession to the office of the Goshala;

(d)The income and expenditure of the Goshala; and

(e)The sources of income of the Goshala.

Dated..................................200.Registrar of Goshalas, BiharForm VIII(Rule 10)Area fixation form under Section 9 (i) of the Bihar Goshala Act, 1950 (Bihar Act XXVIII of 1950)To,.................................................................................The area for your Goshala is hereby fixed as follows bounded by:-North................................South................................East.................................West ..............................................................Director of Animal Husbandry, Bihar.Dated................................ 200.Form IX(Rule 11)Notice to traders for payment of charitable levies under Section 9 (2) of the Bihar Goshala Act, 1950 (Bihar Act XXVIII of 1950)To.................................................................................Whereas on information I am satisfied that you are realising charitable levy (Dharmadan, Punyakhata, Laga) from your customers and you have been wilfully not paying the said levies to the Goshala of your area known....as required by Section 9 (1) of the Bihar Goshala Act, 1950 and it is believed that a considerable amount is lying with you. You are therefore directed to appear in person or through authorised agent before me at the following place, date and time with the following relevant papers for inspection:-Place of hearing...............................................Date.......................................Time.......................................Relevant papers to be produced-

(a)Account Book for the year or years.

Seal.Registrar of Goshalas, Bihar.Date.................................200.Form X(Rule 13)Notice of demand under Section 10 of the Bihar Goshalas Act, 1950(Bihar Act XXVIII of 1950)To.................................................................................Please take notice that you have failed to deposit the fee required to be paid under Section 10 of the Bihar Goshala Act, 1950 for the period............................You are therefore directed to pay the same by means of a bank draft or by Crossed Postal Order in favour of the Registrar of Goshalas by the........................Registrar of Goshalas, Bihar.Dated...........................................200.Form XI(Rule 14)Notice of demand under Section 11 read with Section 9 (1) of the Bihar Goshala Act, 1950 (Bihar Act XXVIII of 1950)(For traders)To.................................................................................Please take notice that after inspection of your account book I am satisfied that you are liable to pay Rs...to the Goshala known as................................you are, therefore, required to deposit the amount by..................................with the trustee of the said Goshala or in my office.Dated..................................200.SignatureForm XII(Rule 14)Notice of demand under Section 11 read with Section 10 of the Bihar Goshala Act, 1950 (Bihar Act XXVIII of 1950)(For Goshalas)Please take notice that after necessary verification, it has been found that............................. rupees is due from you as fee payable under Section 10 of the Bihar Goshala Act, 1950. You are, therefore, requested to pay the same by means of a bank draft or by crossed postal order by the................................Dated..................................200.Signature.Form XIII(Rule 15)Form under Section 12 of the Bihar Goshala Act, 1950 (Bihar Act XXVIII of 1950)(Form of Income and Expenditure)Name of GoshalaDate of EstablishmentPlace

Statement of accounts for the year 200........200.........
Serial no.	Receipt	AmountRs.	Serial no.	Expenditure	AmountRs.
1	Briti, donation, gift, subscription, etc.	...	1	To rent, taxes, etc.	...
2	By sale of milk	...	2	Purchase of fodder, live stock, implement etc.	...
3	By sale of live-stock and manure.	...	3	Establishment and miscellaneous expenditure.	...
4	By rent, revenue and sale of produce.	...	4	Contingency.	...
	Total	...		Total	...

Form XIV[Under Section 12 (1), Rule 19]Audit note

(1)Registrar of Goshalas,BiharDate

(2)The Secretary of Goshala Date

Place

No.	Name	Designation	No.	Name	Designation

No.	Name	Designation	Address

No.	Name	Designation	Salary	No.	Name	Designation	Salary

	Cow	Bullock	Bull	Male calf	Female calf	Other animals	Total
Productive	Unproductive	Productive	Unproductive	Productive	Unproductive	Productive	Unproductive
1	2	3	4	5	6	7	8	9	10	11	12
Balance from
1st year
By gift
By birth
Purchase
Total
Gift
Contingent
Total
Balance

Years	No. of Milk cattle	Milk in maunds	Year	No of milk cattle	Milk in maunds
1	2	3	4	5	6
200			200
200			200
200			200
200			200

From year.....date	to year....
Income	Rs. P.	Expenditure	Rs. P.
Sale of milk	...	Fodder	...
Sale of manure	...	Cake	...
Donation and subscription	...	Grain	...
Briti	...	Purchase of cattle	...
Gopastmi	...	Purchase of land	...
Sale of land produce	...	Repair of buildings	...
House rent	...	Salary	...
Sale of cattle	...	Travelling allowance	...
Income on immovable property	...	Contingency	...
Contingent	...

Auditor

Serial No.

Description and situation with boundary

For what purpose held

How held, that is, whether

Formally acquired under the Law

Free to rent