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2016 DIGILAW 1149 (RAJ)

Gau Raksha Dal Seva Samiti v. State

2016-08-08

G.R.MOOLCHANDANI, GOPAL KRISHAN VYAS

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JUDGMENT : Mr. Gopal Krishan Vyas, Mr. G.R. Moolchandani, JJ. 1. In pursuance of the directions issued in this petition on 26.7.2016, the Secretary, Animal Husbandry Department Mr. K.L. Meena present in person along with learned Addl. Advocate General Dr. P.S. Bhati and submitted the compliance report in which it is stated that in compliance of the order dated 4.5.2015, the “Animal Welfare Organisations” have already been established in all most all the Districts of the State of Rajasthan and in some of the Districts, the registration of the Societies were made prior to passing of the order dated 26.7.2015 and in remaining Districts, except one, i.e., Jalore District, registrations are made after 26.7.2016. Along with the compliance report, certain registration certificates have also been annexed. 2. Learned counsel appearing for the petitioner submits that though the registrations of the societies have been made, but those societies were not constituted in accordance with the Rule 3 of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) rules, 2001 (hereinafter referred to as ‘the Rule of 2001’ for brevity), therefore, it is the non - compliance of the order passed by this Court dated 4.5.2015. 3. After perusing the rule 3 of the Rules of 2001, so also, the constitution of the societies, which is said to be registered, we are of the opinion that these societies were not constituted in accordance with Rule 3 of the Rules of 2001, more so, the societies are registered in contravention of order passed by this Court on 4.5.2015. 4. Apparently, we are of the opinion that for true compliance of the order dated 4.5.2015, the societies are required to be established as per following Rule 3 of the Rules of 2001, which reads as under: “3. Society for Prevention of Cruelty to animals in a district - (1) Every State Government shall by notification in the Official Gazette, establish, as soon as may be and in any event within six months from the date of commencement of these rules, a society for every district in the State to be the SPCA in that district. Provided that any society for Prevention of Cruelty to Animals functioning in any district on the date of commencement of these rules shall continue to discharge its functions till establishment of the SPCA in that district under these rules. Provided that any society for Prevention of Cruelty to Animals functioning in any district on the date of commencement of these rules shall continue to discharge its functions till establishment of the SPCA in that district under these rules. (2) The Managing Committee of the Society shall be appointed by the State Government or the local authority of the district consisting of a Chairperson to be appointed by the State Government or the local authority of the district, as the case may be with the concurrence of the Board and shall consist of such number of other members as may be considered necessary by the State Government or the local authority of the district subject to the condition that: (i) at least two members shall be representatives of the Animal Welfare Organisations which are actively involved in the work of prevention of cruelty to animals and welfare of animals preferably from within the district; and (ii) at least two members shall be the persons elected by the general body of members of the Society. (3) The duties and powers of the Society shall be to aid the Government, the Board and local authority in enforcing the provisions of the Act and to make such bye-laws and guidelines as it may deem necessary for the efficient discharge of its duties. (4) The Society, or any person authorised by it in this behalf, if it or he has reasonable grounds for believing that any person has committed an offence under the Act, it or such authorised person may require such person to produce forthwith any animal in his possession, control, custody or ownership, or any license, permit or any other document granted to such person or required to be kept by him under the provisions of the Act and may stop any vehicle or enter into any premises in order to conduct a search or inquiry and may seize an animal in respect of which it or such authorised person has reason to believe that an offence under the Act is being committed, and deal with it in accordance with law. (5) In addition to the powers conferred by these rules, the State Government may, in consultation with the Board, confer such other powers upon any Society for exercising the powers and discharging the functions assigned to it under these rules.” 5. The Secretary, Animal Husbandry Department Mr. (5) In addition to the powers conferred by these rules, the State Government may, in consultation with the Board, confer such other powers upon any Society for exercising the powers and discharging the functions assigned to it under these rules.” 5. The Secretary, Animal Husbandry Department Mr. K.L. Meena present in person submits that some time may be granted for necessary amendments for the purpose of re - constitution of the societies in accordance with Rule 3 of the Rules of 2001. It is assured by the Secretary, Animal Husbandry Department Sh. K.L. Meena that the order dated 4.5.2015 may be complied with in its true sprit for which some time may be granted. 6. Upon request made by Mr. K.L. Meena, we deemed it appropriate to list this matter on 29.9.2016 and made it clear that on or before 29.9.2016, the Societies should be con constituted strictly as per Rule 3 of the Rules of 2001 and compliance report may be filed on or before that date. If the compliance of orders dated 4.5.2015 and dated 26.7.2016 will be made in its true spirit then Mr. K.L. Meena, Secretary is not required to remain present before this Court on next date of hearing, otherwise he shall appear before this Court. 7. In two newspaper, which is “Rajasthan-Patika” and “Dainik-Bhaskar”, it is reported that number of animals including cows are dying due to non-availability of facilities in Nandri Gaushala, Jodhpur established by Nagar Nigam, Jodhpur. It is also reported that regularly cows are dying and dead bodies of the cows are being taken out of Gaushala in vehicles. 8. Prima facie, we are of the opinion that Nagar Nigam, Jodhpur is under obligation to provide adequate treatment and maintenance to the cows lodged at Nandari Guashala, Jodhpur which is established by Nagar Nigam, Jodhpur itself. In the newspaper, it is reported that a sum of Rs. 7.50 crores are sanctioned for awarding contract for up-keeping and maintaining the cows of Gaushala. It is also reported that due to inadequate treatment facilities and fodder for the cows, many cows are unfortunately dying in this rainy season and cause of death is not known. 9. In view of the above, Dr. P.S. Bhati, Addl. Advocate General directed to accept notice on behalf of the Nagar Nigam, Jodhpur in this matter as well. 10. It is also reported that due to inadequate treatment facilities and fodder for the cows, many cows are unfortunately dying in this rainy season and cause of death is not known. 9. In view of the above, Dr. P.S. Bhati, Addl. Advocate General directed to accept notice on behalf of the Nagar Nigam, Jodhpur in this matter as well. 10. Further, we deemed it appropriate to constitute a committee of the following officers/persons to inspect the Nandri Gaushala, Jodhpur and to submit its report with regard to maintenance, medical facilities, health facilities and for providing fodder to the cows by the Nagar Nigam, Jodhpur. Further, the committee shall also apprise this Court that what are the reasons for death of the cows in said Gaushala. The following persons will be the members of the committee: 1. Assistant Director, Animal Husbandry Department, Jodhpur. 2. The Commissioner, Nagar Nigam, Jodhpur. 3. Two Veterinary Officers of Department 4. Mr. Sanjeet Purohit, Advocate. 11. The above committee shall give its report within a period of one week from today. It is further directed that necessary arrangements be made in the Gaushala for proper maintenance, treatment and providing fodder to the animals so as to protect their life. 12. Office is directed to supply a copy of this order to the learned Addl. Advocate General for compliance and one copy of the order may also be given to Mr. Sanjeet Purohit Advocate. Office is also directed to place on record the copies of the newspapers Rajasthan Patrika and Dainik Bhaskar Jodhpur Edition published today, i.e., on 8.8.2016. 13. List this matter on 16.8.2016. Ordered Accordingly.