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Haryana Municipal (Cow-houm) B M m y 1978,

. , Published vide Haryana Government koh~cationNo. GSR 54/HA27/73Ss. 200 and 2/4/78, dared 19th May,1978.

Haryana Municipal (COW-houses)Bye-laws, 1978

1. (1)~hese~ye-laws be called the~aryana~unicipal ~ o u s e s )ye- laws, 1978. may (COW (2) They shall apply m all the municipalities.
2 . h these bye-laws, u n l w the untex1otherwise requks, (a) "animal" means cow or buffalo excluding its young one not above the age of six months; (b) "cow house" mnrns the premises where animals are kept; of Health" means the Medical M i a of Health of a comminec; (c) "Medical (d) words and expressionsused h m i n but not d e f d in these bye-laws shall have the same meanmg as are assigned to them in the Haryana Munictpal Act, 1973.

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3. No p a w n shall use orpennit to be used any pnmises, or part thereof, b m e d or occupied by him. within the limits of a municipality, as a cow house without a licence issued in this behalf by the Municipal Medical Officer of Health (hereinafter r e f 4 to as the Licencing Officer).
4. (I) F r every cow house, a sepaiatc licence shall be necessary.Unles the committu, for o reas& to be reckled m a resolut;on otherwise direct, the numb& of licences granted for cow houses within the compwnd of a surgle bu~ld~ng not exceed two shall (2)No licmce shall be granted unless the conditions herein contained an fulfilled to the satisfaction of the licensing officer.

5. The fonn cif application to be made and the licence to be issued under the bye-laws shall be such as the committee may, from time to time, prescribe.
6. The licensing officer shall in every licence. specify the descriptionand the number of mimals which may be kepi in the I l c d premises. The number of animals specified shall be such that there is suffi&ent space available for each animal at the following scale :Age of animal Between 6 months and 12 months 13etween 1 aiid 2 years Space to be -ed
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perperanimal

20 square feet 30 square feet

1 40 square feet Between 2 and 3 years 3 years and above ' I 80 square fat Such space shall be exclusive of any manher or any central ot side drain.
bye-laws shall unless previously suspeoded 7. Every licence issued or mewed under or revoked remain tn force up to the 3 1st March. followmg the date of IS issue or mewal An appllcat~on the renewal of a licence shall be made at least fifteen days before its explry; for provided that if theappl~canon renewal ofthe l~ccnce not made wthin the prescribed pefor is nod, the committee may entertain the applicat~on payment of late fee of two mpees per on month in rcsxct of the defaultme x n o d The oenod of less than thlm davs shall be counted as one monti The committee rn4;n appropr& cases reduce the arndunt of late fee from any appl~cant s u a c ~ e ngrounds on t
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8. (1) The annual fee to be paid for a lit-e'under these bye-laws shall be ha rupees per animal of above one yeafs age and five rupees per animal up to one year's age.

MunioiplandGopamnea(.aK?torcmtmlled.esateheirs [fais?] arc exempted fromthe
operahon o f these bye-laws.

(2) No fee shall be c b q e d in rcspcct o f a licence issued to (a) regishndGaushalas, (b) hauseholtlerswho keep milch animal for their personal use and not for saIe o f mil%

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C ~ o l l c g i s l m b r te l m p a c a fee In mpcet o f m te wverrd by tbc byelaws. e at n Chapter5 ofthe Act deals with thepowmoftheCommntee regarding imposnlon of taxesand fee. Sect~ons 70enumeratcs thetaxesand fees that may be imposed by the Committee. Scct~ons and 74 has 75 lay down 2 procedure wh~ch to be followed before any tar can be mposed by a Commrttec. the Subclause (x!) of Scclton 70 authonses a Committee to Impose any tax, toll or fec w ~ i h previous sanction o f the State Government. which the State Leiislatuk has wwer to impose Neccssanly,the first q u m o n that an= isregard~ng thecompetenceo f the legslature to impose a fee in respect of the maners co\,ered by the bye-laws. The Rye-laws in the present case are in tended to reeulate the use of mmises oroart thereof forthe ou$ose o f housine cattle. For evew con-housc.;\hxh means the'premises wh'crc animals are kcbt. ir'is incumbent 6obta1" a lcenc;. The bye-laws prcscnbc the appl~cation form. The descrrpt~on number ofanimals,\vh~chmay and be keut in the iicensed oremises and the mace which i s reauired to be reserved oeranimal is mis c n k d in byc -law 6 ~ ~ c - L 8 regulatcs the fee to be p;d for a ~icence. ~ e - i a 0 lays down au ~ Iu the conditions. which a llcensee has to fulfil. A perusal oithe bye-laws would show that the size, the tvoe of floor. the material to be used for the floor. the oroiision for channel. euner. slodne. draina'ge. the m&or filingsand other matter connectcb w ~ t hh e m a ~ n t m n c e o f h ~ ~ e n e t are ;egilatcd. 4 perusal of the vanous provisions o f bye-law I 0 makes i t manifen that properlhygicn~c condition, which are so important for public health to beprov~dca by the licensee P ~ o \ ~ s i o n for is to tntended to ensure proper hnng cond~t~ons the cattle. A llcensec IS requ~red inform the Lifor censlng Otliccr o f outbreak of any ~nfcct~ous d~seasc for the segrcgatlon o f the anlmals afand in fec~ed pleadins the cons~dcration ofthe matter by the officer. I t 1s f m h n prov~ded the bye-laws that no cow house shall beerccted w ~ t h ~ n feet ofany premises whlch arc l~censed 50 forthe saleof an~cles oifood and dr~nk. cook in of food in any cow-ho~se the vent~lauon The or from the cowhouse Into a k~tchen place of human hahitstion isclearly prohibitcd. The cow houses have to be or opened for Inspection by the Licensing Officer. Every license holder has to ensure that the COW houses are thoroughly swept and kept clean. All litter, dung, filth and rubb~sh contents o f all and a mateccss~ools have to be removed at lcdst tw~ce day. Such litter, dung, tiAh or orner offens~rc rial have to be collected and stored in properduit btns to be provded by the kensee A breach of any of the cond~ttons f the bye-laws enta~ls o penal consequences. A combined-readine o f these bve-laws leaves nomanner of doubt that theintention ofthe State Government was to enkre that thecattle were kept in proper cond~tions publ~c and health was not unduly endangned W ~ t h th~sobject v~ew in theStateCio\cmment hasmade 11incumbmt uponthe fee owners o f the cattle-houses to obtain llccnce~A rateable l~cencc has also been impobed. The first question that arises for consideration is as to whether or not the Cornminee could i,m pose the licence fee. Under clause (xvjofsection 70, theCommineemn w~ththepnnoussanctton ofthe State Government impose afee which thestate Legislature has toirnpose in the State. 1 think it could. Entries 6 and 66 of the 7th Schedule (list-l Ij read as under :Entry 6: Public health and sanitation, hospitalisation and dispensaries." "Entry 66.Feesin respect ofany ofthe matter in this list. but notindudingthefeestakeninany Court." It is well s ~ n l that the various enhies iiList 1 donot enumerate the powen o f legislature but d 1 t "fields oflegislation." Theenbiesm "legislative headsand arc ofenablingcharaaer!'The lank p a g e o f the entries has to be given "the widest scope of which their meaning 1 fairly capable." s Provision in a smgle legislation can be madein exercise ofpower conferred by several different entries i n the list. Under Entry 6, i t is open to the State Legislatun to make every provision which would ensure maintenance of sanitation and hygienic condition. The provisions contained in section 200 of the Act particularly in reward to the matters contained In Clause (h) n z . rendering licence necessary for using premises or enclosures for sheep, goats, or swine etc. are clearly refcrableto Entry 6 in List 11. Section 70(l)(xvjauthorise the Committee to imposeany fec which the State Leeislaturehas ~ o w eto imwse under the Constitution of India. Entry 66 authorises the r State l . c g ~ s l k mto imp& fee In re&ct of any ofthe matters covered by o~hcrmmes. comA bmed rcad~ngof Entry 6 nd Entry h6enablestheStatc Lcgislatmto authonsc imposition offce in

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respect of any matter connected with sanitation and matter connected with sanitation and public health. Subclause (xv) of section 7q1) authorises a Committee to impose the fee in the present case. A combined reading of the provision contained in Sections 70 and 200, in my view, authorises the levy of fee in respect of cow-houses. While frnming bye-lawsunder Section 200 in respect of cow-houses, the State Government was competent to authorise the levy of licence fee also. It merely recorded it.s"previous sanction" in framing the bye-laws providing for the levy of licence fee. I am, therefore, of the opinion that bye-laws 8 lays down the annual fee which a licensee has to pay. This bye-law is within the provision of Section 70(l)-(xv). T v bye-laws themselves are within the competence of the State Government under section 20001).
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9. No penon shall transferor take over hanany otherpmons licence and outgoing licensee's hence shall be taken as cancelled for the unexpired period, pmvided that he shall not be entitled to refund of any amount for the unexpiredberiod of the-licence.
4 0 . Every licence issued under the bye-laws, shall be subject to the following conditions, namely :(a) Every cow house shall be well'peved with stable bricks, asphalt stone, brick on edge with cement pointing or flag stones set in cement, or with sonie other suitable impervious materials approved by the liccncing officer; (b) m e floor of every cow house shall incline to a channel or gutter, sloping towards and drainine directlv into a . eullv nit communicatine with a sewer sihlated immediatelv outsldeyhe cowhouse : Provided that, in the area which has no sewerage facility, (i) such channel or gutter shall drain dimtly into a cesspool similarly situate4 the contents whereof shall be removable; and (11)such cesspool shall be constructed of bncks set in cement and cement plastered, or of some other su~table lm~ervlous material a~pmved - the llcenclna officer by and shall be so constructed i s not to admit rain.Gater; (c) the slope of the floor shall be made so as to incline away fmmtheheads of anim'ls, and in the case of floor of cow houses a m m o d a t i n g two mws of animals shall be made so as to incline outwards, (d) every cow house shall have suitable openings for light and ventilation as appmved by the licencing officer, (el every cow house shall have one stor; only, and there shall be no construction, arrange~. m&t or fixture permimng of any loRs or sleeping place, either over the roof or within the mtetiorover the stalls;prov~ded the l~censine. that otTicermny sanctlon the erectlon oianupper storey ifthe floor thereof be wnstructedof impervious material to his sat. isfaction; (9the interior fittings of every cow house shall be soconstructed and placed as to provide for each animal kept there in a clear supnficial floor space of at least forty square feet and clear lateral space of at least five feet; (g) tbe walls of every cow house shall be at least eight feet in height from the level of the floor up to the junclion of the eaves with the walls; (h) no COW house in which cattle areslept for sale or for the sale of their produce shall be so constructed as to provide for the storage of milk vessels therein; (i) for every cow house in which cows or milch buffaloes are kept, there shall be pmvided a separate shed or place for the temporary storage 6f milk and milk vessels : Provided that such shed or place shall not communicate directly with any cow house and shall not, without the special permission of the licensing ofiicer, be placed within a distance of ten feet from any privy connected with a sewer or nineteen feet from the service privy or urinal;

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I. Subhash Chander v. State of Havana. 1992(l)R.RR SO(P&H).

(i)& i e i shall infonnthe IioeasiagofEcerimmediatdy of any outbreak of any infecmemises and shall seereeate the bous dlsease amone the animals keut on the l~cmsed anunals effected p&dmg the ordeiof the such officer; (k) the licensee shall cause milch cattle to be properly washed at least once a week: Provided that in the case of residential houses constructeddmine 1976 or earlier, relaxation m conditions (a) to (g) and (i) may be made in case G householders who f keep one milch antmal for lhe~r personal use and not for sale of milk subiect to the con'dition that provision is made for suitable drainage from the cow hbuse upto t h e municipal drain : , Pmvided further that in respect of houses to ba.constructed a f b 1 9 7 6 , : ~ ~ house . . owner shall be allowed to keep an animal in a residential house, unless the conditions of these bye-laws a n fulfilled.

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11. No cow house shall be erected within fifty feet of any premises whch are liccnced for the sale of articles of food snd dnnk. 12. No person shall live or cook food in any cow house nor shall thae be any opening tium any cow house likely to permit d m t ventilation thmfrom lato any latchen or place of h u m habitahon.
committee to inspect. at any reasonable tune, any cow house M any place in wh~ch a susit

13. No person, shall refuse to allow the licensing officer or anyofkin1 aathbrised by the

pected that anl&ils a n k 6 t .

14. Every licence holder (i) shall causethc cow house to be thoroughly swept and cleaned, and shall cause all litter. dung, filth and mbb~sh, the contents of all cesspools to be removed at least Mce and a day. Such hner, dunng, filth or other offensive matenal must be collected and stored in proper dust b m or receptacles to be prowded by the hcensees pnor to its final removal 'Provided that &log in thts byelaw shall kpply to any cow house w h m arrangements have been made to the satrsfaetlon of the ltccnsing officer for the dally d ~ ~ o s aof all such filth and other offensive matmal bv lnctneratlon or othenvtw. l (ii) shaliatter the floor is swept and cleaned, cause it to be swilled with fresh water' [; and] (iii) shall not allow the animals to grme or move about on a f y of the public stntts,ggressy l a m or open places during any time of day or nighl]

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IS. Notwithstanding anything hereinbefore contained, thew byelaws in so far as the structural alterahon ofthe exlstlng cow house isrequlnd, shall not come Into force until six months aftathe date of the~r enforcement.

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16. Without pqudice to any oth& action that may be taken against a licensee, his lkcnce may be surmded or revoked for the breach of any of these bye-laws or the conditions of the licince bv ihe licensine officer: orovided that no licence shalibe cancelled or revoked unless .. . . ,~~~. .. . .a reasonable oppormn& of t&g heard has been afforded to the licensee.
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n 17. A sppcal shall lie to the committee f m any order of thelicensing officer passed under these bye-laws Such appeal shall be profmed wthm ten days fmm the date of commun~cation of-the order to th&&licant or the licensee, as the case may be.
I; Added by HmyanaGovernmmt Notification No. GSR IOORW4/73&. 200 and 214188 &led

2. Clauoc (iii) added by Hayana Govcmmmt Nolilicatan No. CSR 1001HA24n3Br 200 and
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14.12.1988.

214188datcd 14.12.1988.

18. The committee may for rcaumstobe m d e d i writing and by its ~ l u t i o exclude n n any area, or any house or houses from the opcratlon of these bye-laws for any length of time.
19. Any breach of the provisions of thise bye-laws or the conditions of the licence issued thereunder, shall be punishable. on conviction by a magistrate, with a fine which shall not be less than twenty-five rupees, and moe than two hundred rupets, and if the breach is continuing one, with a hrther fine of ten rupees of every day after the first during which the breach continues. J.. . . which 20. Any byelaw applicable to them ~c~pgllhes is in force immediately before the commencement of these byelaws is hereby repealed : Provided that any order made o action 'taken under thebye-law so repealed shall be d r d to have been made or taken under the corresponding pmvisions of these bye-laws.

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