The Rajasthan State Cattle Fairs Rules, 1963

Published vide Notification No. 12 (238) Ayr. /4/62, dated 26-11-1963, Published in Rajasthan Gazette, Extraordinary, Part 4-C, dated 26-11-1963

RJ260

In exercise of the powers conferred by section 10 of the Rajasthan State Cattle Fairs Act, 1963 read with sections 3, 4, 6, 7, 9, 15 and 18 thereof, the State Government hereby makes the following rules, namely:-

Short title and commencement.- (1) These rules may be called the Rajasthan State Cattle Fairs Rules, 1963.

(2) They shall come into force upon their publication in the official gazette.

Definitions.- In these rules, unless the context otherwise requires,-

(a) "Act" means the Rajasthan State Cattle Fairs Act, 1963 (Rajasthan Act 14 of 1963);

(b) "Cattle" means all or any of the animals specified in Schedule II of the Act;

(d) "fair-tax" means a tax levied under section 6:

(e) "Form" means a form appended to these rules;

(f) "Rawanna office" means the office established by the officer-in-charge, in the fair area, for the receipt of fair-tax, tolls and other fees payable under the Act;

(g) "Out-post" means an out-post established under rule 5;

(h) "red chithi" means an entry pass, on a red paper given by the in-charge of the out-post to the person bringing cattle within the fair area;

(i) "section" means a section of the Act;

(j) "white chithi" means a printed form of bill of sale on a white paper, supplied by a person authorised in this behalf by the officer-in-charge.

Management and control.(1) The management and control of the State Cattle Fair shall vest in the officer-in-charge.

(2) The officer-in-charge shall make or cause to be made necessary arrangements for-

(a) sanitation and control of diseases in the fair area; and

(b) removal and sale of dead bodies of animals lying in the fair area, if their owners cannot be traced.

Constitution of Fair Committees.- [(1) To assist the officer-in-charge in the performance of his duties, the State Government shall appoint for each State Cattle Fair, Fair Committees consisting of such members of nominated official members (including the Chairman and Vice-Chairman) not exceeding thirteen and non-official members not exceeding eight (including the Pramukh, Pradhan and M.L.A.) of the concerning area, as the State Government may determine.]

(2) The Collector of the District concerned shall be the ex officio Chairman of the Fair Committee, and the Deputy Director of Animal Husbandry of the region concerned shall be its, ex officio Vice-Chairman.

[(3) The Committees shall have power to appoint Sub-Committees to perform any of the functions given to the committee or for any of the following purposes :-

(1) Water and Light.

(2) Health and Sanitation.

(3) Exhibition.

(4) Cultural Shows.]

Establishment of out-posts.- The office-in-charge shall establish such number of out posts on or in the vicinity of the limits of the fair area as he shall from time to time determine as being most suitable for intercepting import traffic and for facilitating collection of fair-tax in accordance with these rules; and shall also appoint suitable persons to be in-charge of each of such out-posts.
Import of cattle through prescribed routes.- No person shall bring or take out cattle into or out of the fair area except through the route or routes fixed for the purpose by the officer-in-charge.
Entry pass.- No person shall bring any cattle within the fair area, during the fair period, without obtaining a red Chithi from the outpost.

[8. Purchase without obtaining white chitthi forbidden. - No person shall purchase cattle in the fair area during the fair period without obtaining a white chitthi, in form II duly executed by the authorised vendor evidencing such sale. The vendor shall charge eighty paise per chitthi as his commission and twenty paise for revenue stamp.]

Payment of fair-tax.- (1) Fair-tax payable by any person in respect of any cattle purchased by him, in the fair during the fair period, shall be paid by him in the Rawanna office; and alongwith such payment, he shall present the white Chithi obtained by him from the vendor.

(2) The cashier at the Rawanna office shall deliver a receipt, in writing, to the payer acknowledging payment of such tax.

Levy and payment of tolls.- Toll shall be levied and charged at the following rates on the vehicles entering the fair area for business purposes:

(a)	Carts	Rupee one per cart.
(b)	Tongas	Rupees two per tonga.
(c)	Truck	Rupees ten per trunk.
[(d)	Passengers Buses	Rupees ten per Bus.]

Fixation of rents of sites.- The officer-in-charge shall fix rent of sites in the fair area, for the fair period, in the following manner, namely :-

[(1) For sites of shops or stalls, the rent shall be fixed on the basis of the highest bid offered thereof at the public auction conducted by the officer-in-charge but in no case shall the rent be lower than the reserved rent of Rs.5/- for every 10 square feet of land.

(2) For sites for keeping fodder, fuel or earthem pots, the rent shall be at the rate of Rs. 1.50 for every square feet of land.

(3) For sites occupied by carts containing chillies or sugar canes etc. for sale, the rent shall be fixed at the rate of Rs. 10/- per cart.

(4) For sites for recreation or entertainment, where such recreation or entertainment is provided on payment the rent shall be fixed at the rate of Rs.5.00 per square feet;

(5) For sites for other purposes, the officer-in-charge shall fix the rent in consultation with the "Fair Committee."]

Distress and sale.- (l) Simultaneously with the issue of bill, under sub-section (1) of section 15, for the amount due or about to become due against any person, or on the failure of such person to pay such amount on presentation to him of such bill demanding immediate payment thereof, the officer-in-charge may issue a warrant of distress in Form 1 addressed to any one of his subordinates (hereinafter called the Serving officer).

(2) If the person against whom the amount is claimed, hereinafter called the debtor, fails, on the presentation to him of a bill referred to in sub-rule (1), to pay forthwith, the sum stated therein, the Serving officer shall, in pursuance of the said warrant of distress, seize animals or other movable property in the possession of the debtor or such number of animals or part of movable property as may, in his opinion, be sufficient to cover the amount recoverable under the distress warrant.

(3) On seizing any animals or movable property under sub-rule (2), the Serving officer shall make an inventory of such animals or property and shall give a notice in writing in Form 2 to the debtor and shall submit a copy of the same to the officer-in-charge.

(4) In default of any order to the contrary by the officer-in-charge, the Serving officer shall, after expiration of 24 hours from the seizure of animals or movable property sell the distrained animals or other property in public auction and on realizing the proceeds, pay over the amount to the officer-in-charge; and such amount shall first be applied first in payment of costs of the said distress (including expenses incurred for the maintenance of Live-stock distrained) and then in satisfaction of the amount recoverable under the Act; and the surplus, if any, shall be returned to the debtor.

Form I

[See rule 12 (1)]

Office of the officer-in-charge State Cattle Fair

Form of Warrant

I hereby direct you to distrain animals or other movable property in the possession of......................at.................for the sum of Rs........... according to the provisions of rule 12 of the Rajasthan State Cattle Fairs Rules, 1963.

To ......

Signed and Sealed.

Form II

[See rule 12 (3)]

Form of Inventory and Notice

(State particulars of property seized)

Witness : 1 Witness : 2

Take notice that I have this day seized, in the presence of the above witnesses animals/movable property contained in the above inventory for the sum of Rs............ being the amount recoverable from you under a warrant of distress issued by the officer-in-charge, and that unless you pay the amount thereof within 24 hours from the date and time of distress or obtain an order from the officer-in--charge to the contrary, the same will be sold pursuant to the provisions of the Rajasthan State Cattle Fairs Rules, 1963. Dated the ............... day of 19 ..............

Serving officer.

To ..........

...........