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PCAct |
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THE PREVENTION
OF CRUELTY TO ANIMALS ACT, 1960
(59 OF 1960)
(26 December, 1960)
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AN ACT to prevent the
infliction of unnecessary pain
or suffering on animals and
for that purposeto amend the
law relating to the prevention
of cruelty to animals.
|
| Be it enacted by Parliament
in the Eleventh year of the Republic
of India as follows:- |
| CHAPTER
1 - PRELIMINARY |
| Short title,
extent and commencement 1. |
(1) This Act may be called the
Prevention of Cruelty to Animals
Act, 1960
(2) It extends to the whole of
India except the State of Jammu
and Kashmir
(3) It shall come into force on
such date as the Central Government
may, by notification in the official
Gazette, appoint, and different
dates may be Appointed for different
States and for the different Provisions
contained in this Act |
| Definitions
2. |
In this Act, unless the context
otherwise requires:-
(a) "animal" means any
living creature other than a human
being
*
[(b)] "Board" means
the Board established under Section
4, and as reconstituted from time
to time under Section 5 A
|
|
| *
See Annexure for notifications
under section 1 (3)
*
Subs. by Act. 26 of 1982 which
came into force on 30th July
1982.
|
|
(c) "captive animal"
means any animal (not being a
domestic animal) which is in captivity
or confinement, whether permanent
or temporary, or which is subjected
to any appliance of contrivance
for the purpose of hindering or
preventing its escape from captivity
or confinement or which is pinioned
or which is or appears to be maimed
(d) "domestic animal"
means any animal which is tamed
or which has been or is being
sufficiently tamed to serve some
purpose for the use of man or
which, although it neither has
been nor is intended to be so
tamed, is or has become in fact
wholly or partly tamed
(e) "local authority"
means a municipal committee, district
board or other authority for the
time being invested by law with
the control and administration
of any matters within a specified
local area:
(f) "owner" used with
reference to an animal, includes
not only the owner but also any
other person for the time being
in possession or custody of the
animal, whether with or without
the consent of the owner
(g) "phooka" or "doom
dev" includes any process
of introducing air or any substance
into the female organ of a milch
animal with the object of drawing
off from the animal any secretion
of milk;
(h) "prescribed" means
prescribed by Rules made under
this Act;
(i) "street" includes
any way, road, lane, square, court,
alley, passage or open space,
whether a thorough fare or not
to which the public have access |
| Duties of
persons having Charge of animals
3. |
| It shall be the duty of every
person having the care or charge
of any animal to take all reasonable
measures to ensure the well-being
of such animal and to prevent
the infliction upon such animal
of unnecessary pain or suffering |
| CHAPTER
III - CRUELTY TO ANIMALS GENERALLY |
|
Treating animals
cruelly. 11.
|
|
(1) if any
person
(a) beats, kicks, over-rides,
over-drives, over-loads, tortures
or otherwise treats any animal
so as to subject it to unnecessary
pain or suffering or causes,
or being the owner permits,
any animal to be so treated
or
(b) *(employs
in any work or labour or for
any purpose any animal which,
by reason of its age or any
disease) infirmity, wound, sore
or other cause, is unfit to
be so employed or, being the
owner, permits any such unfit
animal to be employed; or
(c) willfully and unreasonably
administers any injurious drug
or injurious substance to **(any
animal) or willfully and unreasonably
causes or attempts to cause
any such drug or substance to
be taken by
***(any animal;) or
*
Subs. by Act 26 of 1982, S. 10
(a) (i) for the words "employ
in any work or labour any animal
whick, by reason of any disease";
**
Subs. ibid S.10 (a) (ii) for the
words "any domestic or captive
animal".
***
Subs. ibid S. 10 (a) (ii) for
the words "any captive animal".
(d) conveys or carries whether
in or upon any vehicle or not,
any animal in such a manner or
position as to subject it to unnecessary
pain or suffering; or
(e) keeps or confines any animal
in any cage or other receptacle
which does not measure sufficiently
in height, length and breadth
to permit the animal a reasonable
opportunity for movement; or
(f) keeps for an unreasonable
time any animal chained or tethered
upon an unreasonably short or
unreasonably heavy chain or cord;
or
(g) being the owner, neglects
to exercise or cause to be exercised
reasonably any dog habitually
chained up or kept in close confinement;
or
(h) being the owner of (any animal)
fails to provide such animal with
sufficient food, drink or shelter;
or
(i) without reasonable cause,
abandons any animal in circumstances
which tender it likely that it
will suffer pain by reason of
starvation thirst; or
(j) willfully permits any animal,
of which he is the owner, to go
at large in any street, while
the animal is affected with contagious
or infectious disease or, without
reasonable excuse permits any
diseased or disabled animal, of
which he is the owner, to die
in any street; or
(k) offers for sale or without
reasonable cause, has in his possession
any animal which is suffering
pain by reasons of mutilation,
starvation, thirst, overcrowding
or other ill-treatment; or
*(l)
mutilates any animal or kills
any animal (including stray dogs)
by using the method of strychnine
injections in the heart or in
any other unnecessarily cruel
manner or;)
**(m)
solely with a view to providing
entertainment;
*
Subs. by Act 26 of 1982. S. 10
(a) (iv) for the original clause.
**
Subs. ibid S. 10 (a) for the original
clause.
(i) confines or causes to be confined
any animal (including tying of
an animal as a bait in a tiger
or other sanctuary) so as to make
it an object or prey for any other
animal; or
(n) ***
(XXXX) organizes, keeps uses or
acts in the management or, any
place for animal fighting or for
the purpose of baiting any animal
or permits or offers any place
to be so used or receives money
for the admission of any other
person to any place kept or used
for any such purposes; or
(o) promotes or takes part in
any shooting match or competition
wherein animals are released from
captivity for the purpose of such
shooting;
He shall be punishable ****
(in the case of a first offence,
with fine which shall not be less
than ten rupees but which may
extend to fifty rupees and in
the case of a second or subsequent
offence committed within three
years of the previous offence,
with fine which shall not be less
than twenty five rupees but which
may extend, to one hundred rupees
or with imprisonment for a term
which may extend, to three months,
or with both.)
***
The words "for the purposes
of his business" omitted
by Act 26 of 1982,S. 10 (a) (iv)
****
Subs. ibid S. 10 (a) (vii) for
the portion beginning with the
words "in the case of a first
offence" and ending with
words "or with both".
2. For the purposes of section
(1) an owner shall be deemed to
have committed an offence if he
has failed to exercise reasonable
care and supervision with a view
to the prevention of such offence;Provided
that where an owner is convicted
permitting cruelty by reason only
of having failed to exercise such
care and supervision, he shall
not be liable to imprisonment
without the option of a fine
3. Nothing in this section shall
apply to :-
(a) the dehorning of cattle, or
the castration or branding or
noseroping of any animal in the
prescribed manner, or
(b) the destruction of stray dogs
in lethal chambers *
(by such other methods as may
be prescribed) or
(c) the extermination or destruction
of any animal under the authority
of any law for the time being
in force; or
(d) any matter dealt with in Chapter
IV; or
(e) the commission or omission
of any act in the course of the
destruction or the preparation
for destruction of any animal
as food for mankind unless such
destruction or preparation was
accompanied by the infliction
of unnecessary pain or suffering.
*
Subs. by Act 26 of 1982, S. 10
(b), for the words "by the
other methods with a minimum of
suffering".
|
| Penalty for
practicing phooka or doom dev.
12. |
|
If any persons
upon any cow or other mich animal
the operation called phooka
or **
(doom dev or any other operation
(including injection of any
substance) to improve lactation
which is injurious to the health
of the animal) or permits such
operation being performed upon
any such animal in his possession
or under his control, he shall
be punishable with fine which
may extend to one thousand rupees,
or with imprisonment for a term
which may extend to two years,
or with both, and the animal
on which the operation was performed
shall be forfeited to the Government
**
Subs. ibid S. 11, for the words,"doom
dev"
|
| Destructions
of suffering animals 13. |
|
(1) where the
owner of an animal is convicted
of an offence under section
11, it shall be lawful for the
court, if the court is satisfied
that it would be cruel to keep
the animal alive, to direct
that the animal be destroyed
and to assign the animal to
any suitable person for that
purpose, and the person to whom
such animal is so assigned shall
as soon as possible, destroy
such animal or cause such animal
to be destroyed in his presence
without unnecessary suffering;
and any reasonable expenses
incurred in destroying the animal
may be ordered by the court,
if the court is satisfied that
it would be cruel to keep the
animal alive, to direct that
the animal be destroyed and
to assign the animal to any
reasonable expense incurred
in destroying the animal may
be ordered by the court to be
recovered from the owner as
if it were a fine; Provided
that unless the owner assents
thereto, no order shall be made
under this section except upon
the evidence of a veterinary
officer in charge of the area
2.When any magistrate, commissioner
of police or district superintendent
of police has reason to believe
that an offence under section
11 has been committed in respect
of any animal, he may direct
the immediate destruction of
the animal, if in his opinion,
it would be cruel to keep the
animal alive
3. Any police office above the
rank of a constable or any person
authorized by the State Government
in this behalf who finds any
animal so diseased or so severally
injured or in such a physical
condition that in his opinion
it cannot be removed without
cruelty, may, if the owner is
absent or refuses his consent
to the destruction of the animal,
forth with summon the veterinary
officer in charge of the area
in which the animal is found,
and if the veterinary officer
certifies that the animal is
mortally injured or so severally
injured or in such a physical
condition that it would be cruel
to keep it alive, the police
officer or the person authorizes,
as the case may be, may, after
obtaining orders from a magistrate,
destroy the animal injured or
cause it to be destroyed; *
(in such manner as may be prescribed)
*
Ins. by Act 26 of 1982, S. 12
4. No appeal shall lie from any
order of a magistrate for the
destruction of an animal |
| CHAPTER
IV - EXPERIMENT OF ANIMALS |
|
Experiments
on animals 14.
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|
Nothing contained
in this Act shall render unlawful
the performance of experiments
(including) experiments involving
operations) on animals for the
purpose of advancement by new
discovery of physiological knowledge
or of knowledge which will be
useful for saving or for prolonging
life or alleviating suffering
or for combating any disease,
whether of human beings, animals
or plants
|
| Committee
for the Purpose of Control and
Supervision of Experiments on
Animals 15. |
|
(1) If at any
time, on the advice of the Board,
the Central Government is of
opinion that it is necessary
so to do for the purpose of
controlling and supervising
experiments on animals, it may
be notification in the Official
Gazette Constitute a Committee
consisting of such number of
officials and non-officials,
as it may think fit to appoint
thereto.
(2) The Central Government shall
nominate one of the Member of
the Committee to be its Chairman
(3) The Committee shall have
power to regulate its own Procedure
in relation to the performance
of its duties
(4) The funds of the Committee
shall consist of grants made
to it from time to time by the
Government and of contributions,
donations, subscriptions, bequests,
gifts and the like made to it
by any person
|
| Sub-Committee
15A. |
|
*[(1)
The Committee may constitute
as many Sub-Committees as it
thinks fit for exercising any
power or discharging any duty
of the Committee or for inquiring
into or reporting and advising
on any matter which the Committee
may refer.
(2) A Sub-Committee shall consist
exclusively of the Members of
the Committee]
*
Ins. by Act 26 of 1982, S. 13.
|
| Staff of
the Committee 16. |
|
Subject to
the control of the Central Government,
the Committee may appoint such
number of officers and other
employees as may be necessary
to enable it to exercise its
powers and perform its duties
and may determine the remuneration
and other terms and conditions
of service of such officers
and other employees
|
| Duties of
the Committee and power of the
Committee to make rules relating
to experiments on animals 17.
|
|
(1) It shall
be the duty of the Committee
to take all such measures as
may be necessary to ensure that
animals are not subjected to
unnecessary pain or suffering
before, during or after the
performance of experiments on
them, and for the purpose it
may, by notification in the
Gazette of India and subject
to the condition of previous
publication, make such rules
as it may think fit in relation
to the conduct of such experiments
**[(1A)
In particular, and without prejudice
to the generality to the foregoing
power, such rules may provide
for the following matters namely:-
(a) the registration of persons
or Institutions carrying on
experiments on animals;
(b) the reports and other information
which shall be forwarded to
the Committee by persons and
Institutions carrying on experiments
on animals]
**
Ins. by Act 26 of 1982, S. 14.
(2) In particular, and without
prejudice to the generality of
the foregoing power, rules made
by the Committee shall be designed
to secure the following objects,
namely:-
(a) that in cases where experiments
are performed in any Institution,
the responsibility therefore is
placed on the person in charge
of the Institution and that, in
cases where experiments are performed
outside an institution by individuals,
the individuals, are performed
outside an institution by individuals,
the individuals, are qualified
in that behalf and the experiments
are performed on their full responsibility;
(b) that experiments are performed
with due care and humanity and
that as far as possible experiments
involving operations are performed
under the influence of some anaesthetic
of sufficient power to prevent
the animals feeling pain;
(c) that animals which, in the
course of experiments under the
influence of anesthetics, are
so injured that their recovery
would involve serious suffering,
are ordinarily destroyed while
still insensible;
(d) that experiments on animals
are avoided wherever it is possible
to do so; as for example; in medical
schools, hospitals, colleges and
the like, if other teaching devices
such as books, models, films and
the like, may equally suffice;
(e) that experiments on larger
animals are avoided when it is
possible to achieve the same results
by experiments upon small laboratory
animals like guinea pigs, rabbits,
frogs and rats;
(f) that, as far as possible,
experiments are not performed
merely for the purpose of acquiring
manual skill;
(g) that animals intended for
the performance of experiments
are properly looked after both
before and after experiments;
(h) that suitable records are
maintained with respect to experiments
performed on animals;
(3) In making any rules under
this section, the Committee shall
be guided by such directions as
the Central Government (consistently
with the objects for which the
Committee is set up) may give
to it, and the Central Government
is hereby authorized to give such
direction;
(4) All rules made by the Committee
shall be binding on all individuals
performing experiments outside
institutions and on persons in-charge
of institutions in which experiments
are performed
|
| Power of
entry and inspection 18. |
|
For the purpose
of ensuring that the rules made
by it are being complied with
the Committee may authorize
any of its officers or any other
person in writing to inspect
any institution or place where
experiments are being carried
on and report to it as a result
of such inspection, and any
officer or person so authorizes
may-
(a) enter at any time considered
reasonable by him and inspect
any institution or place in
which experiments on animals
are being carried on; and
(b) require any person to produce
any record kept by him with
respect to experiments on animals
|
| Power to
prohibit experiments on animals
19. |
|
If the Committee
is satisfied, on the report
of any officer or other person
made to it as a result of any
inspection under section 18
or otherwise that the rules
made by it under section 17
are not being animals, the Committee
may, after giving an opportunity
to the person or institution
carrying on experiments on animals;
the Committee may, after giving
an opportunity to the person
or institution of being heard
in the matter, by order, prohibit
the person or institution from
carrying on any such experiments
either for a specified period
or indefinitely, or may all
the person or institution to
carry on such experiments subject
to such special conditions as
the Committee may think fit
to impose.
|
| Penalties
20. |
|
If any person:-
(a) contravenes any order made
by the Committee under Section
19; or
(b) commits a breach of any
condition imposed by the Committee
under that section:
he shall be punishable with
fine which may extend to two
hundred rupees, and, when the
contravention or breach of condition
has taken place in any institution
the person in-charge of the
institution shall be deemed
to be guilty of the offence
and shall be punishable accordingly
|
| CHAPTER
V - PERFORMING ANIMALS |
|
"Exhibit"
and "Train" defined
21.
|
|
In this chapter,
"exhibit" means exhibit
or any entertainment to which
the public are admitted through
sale of tickets, and "train"
means train for the purpose
of any such exhibition, and
the expressions "exhibitor"
and "trainer" have
respectively the corresponding
meanings
|
| Restriction
on exhibition and training of
performing animals 22. |
|
No person shall
exhibit or train-
(i) any performing animal unless
he is registered in accordance
with the provisions of this
chapter;
(ii) as a performing animal,
any animal which the Central
Government may, by notification
in the official gazette, specify
as an animal which shall not
be exhibited or trained as a
performing animal
|
| Procedure
of registration 23. |
|
(1) Every person
desirous of exhibiting or training
any performing animal shall,
on making an application in
the prescribed form to the prescribed
authority and on payment of
the prescribed fee, be registered
under this Act unless he is
a person who, by reason of an
order made by the court under
this chapter, is not entitled
to be so registered
(2) An application for registration
under this chapter shall contain
such particulars as to the animals
and as to the general nature
of the performance in which
the animals are to be exhibited
or for which they are to be
trained as may be prescribed,
and the particulars so given
shall be entered in the register
maintained by the prescribed
authority;
(3) The prescribed authority
shall give to every person whose
name appears on the register
kept by them, a certificate
of registration in the prescribed
form containing the particulars
entered in the register
(4) Every register kept under
this chapter shall at all reasonable
times be open for inspection
on payment of the prescribed
fee, and any person shall on
payment of the prescribed fee,
be entitled to obtain copies
thereof or make extracts therefrom.
(5) Any person whose name is
entered in the register shall,
subject to the provisions of
any order made under this Act
by any court, be entitled, on
making an application for the
purpose, to have the particulars
entered in the register with
respect to him varied and where
any such particulars are so
varied, the existing certificate
shall be cancelled and a new
certificate issued
|
| Power of
court to prohibit or restrict
exhibition and training of performing
animals 24. |
|
(1) Where it
is proved to the satisfaction
of any magistrate on a complaint
made by a police officer or
an officer authorized in writing
by the prescribed authority
referred to in Section 23, that
the training or exhibition of
any performing animals has been
accompanied by unnecessary pain
or suffering and should be prohibited
or allowed only subject to conditions,
the court may make an order
against the person in respect
of whom the complaint is made,
prohibiting the training or
exhibition or imposing such
conditions in relation thereto,
as may be specified by the order.
(2) Any court by which an order
is made under this section,
shall cause a copy of the order
to be sent, as soon as may be
after the order is made, to
the prescribed authority by
which the person against whom
the order is made is registered
and shall cause the particulars
of the order to be endorsed
upon the certificate held by
the person, and that person
shall produce his certificate
on being so required by the
court for the purposes of endorsement,
and the prescribed authority
to which a coy of an order is
sent under this section shall
enter the particulars of the
order in that register;
|
| Power to
enter premises 25. |
|
(1) Any person
authorized in writing by the
prescribed authority referred
to in section 23 and any police
officer not below the rank of
a sub-inspector may
(a) enter to all reasonable
times and inspect any premises
in which any performing animals
are being trained or exhibited
or kept for training or exhibition,
and any such animals found therein;
and
(b) require any person who,
he has reason to believe is
a trainer or exhibitor of performing
animals to produce his certificate
of registration,
(2) No person or police officer
referred to in sub section (1)
shall be entitled under this
section to go on or behind the
stage during a public performance
of performing animals.
|
| Offences
26. |
|
If any person
-
(a) not being registered under
this chapter, exhibits or trains
any performing animal; or
(b) being registered under the
Act, exhibits or trains any
performing animal with respect
to which or in a manner with
respect to which, he is not
registered; or
(c) exhibits or trains as a
performing animal, any animal
which is not to be used for
the purpose by reason of a notification
issued under clause(ii) of section
22; or
(d) obstructs or willfully delays
any person or police officer
referred to in section 25 in
the exercise of powers under
this Act as to entry and inspection;
or
(e) conceals any animal with
a view to avoiding such inspection;
or
(f) being a person registered
under the Act, on being duly
required in pursuance of this
Act to produce his certificate
under this Act, fails without
reasonable excuse so to do;
or
(g) applies to be registered
under this Act when not entitled
to be so registered;
He shall be punishable on conviction
with fine which may extend to
five hundred rupees or with
imprisonment which may extend
to three months, or with both
|
| Exemptions
27. |
|
Nothing contained
in this Chapter shall apply
to-
(a) the training of animals
for bonafide military or police
purpose or the exhibition of
any animals so trained; or
(b) any animals kept in any
zoological garden or by any
society or association which
has for its principal object
the exhibition of animals for
educational or scientific purposes.
|
| CHAPTER
VI - MISCELLANEOUS |
| Saving as
respects manner or killing prescribed
by religion 28. |
| Nothing contained in this Act
shall render it an offence to
kill any animal in a manner required
by the religion of any community
|
| Power of
court to deprive person convicted
of ownership of animal 29. |
|
(1) If the
owner of any animal is found
guilty of any offence under
this Act, the court upon his
conviction thereof, may, if
it thinks fit, in addition to
any other punishment make an
order that the animal with respect
to which the offence was committed
shall be forfeited to Government
and may, further, make such
order as to the disposal of
the animal as it thinks fit
under the circumstances.
(2) No order under sub section
(1) shall be made unless it
is shown by evidence as to a
previous conviction under this
Act or as to the character of
the owner or otherwise as to
the treatment of the animal
that the animal if left with
the owner, is likely to be exposed
to further cruelty
(3) without prejudice to the
provisions contained in sub-section
(1), the court may also order
that a person convicted of an
offence under this Act shall,
either permanently or during
such period as is fixed by the
order, be prohibited from having
the custody of any animal of
any kind whatsoever, or as the
court thinks fit of any animal
of any kind or species specified
in the order
(4) No order under sub-section
(3) shall be made unless-
(a) it is shown by evidence
as to a previous conviction
or as to the character of the
said person or otherwise as
to the treatment of the animal
in relation to which he has
been convicted that an animal
in the custody of the said person
is likely to be exposed to cruelty;
(b) it is stated in the complaint
upon which the conviction was
made that it is the intention
of the complaint upon the conviction
of the accused to request that
an order be made as aforesaid
and
(c) the offence for which the
conviction was made was committed
in an area in which under the
law for the time being in force
a license is necessary for the
keeping of any such animal as
that in respect of which the
conviction was made
(5) Notwithstanding anything
to the contrary contained in
any law for the time being in
force, any person in respect
of whom an order is made under
sub-section (3) shall have no
right to the custody of any
animal contrary to the provisions
of the order, and if he contravenes
the provisions of any order,
he shall be punishable with
fine which may extend to one
hundred rupees, or with imprisonment
for a term which may extend
to three months, or with both
(6) Any court which has made
an order under sub-section (3)
may at any time, either on its
own motion or on application
made to it in this behalf, rescind
or modify such order
|
| Presumption
as to guilt in certain cases 30. |
|
If any person
is charged with the offences
of killing a goat, cow or its
progeny contrary to the provisions
of clause (1) of sub-section
(1) or section 11, and it is
proved that such person had
in his possession, at the time
the offence is alleged to have
been committed, the skin of
any such animal as is referred
to in this section with any
part of the skin of the head
attached thereto, it shall be
presumed until the contrary
is proved that such animal was
killed in a cruel manner
|
| Cognizability
of offences 31. |
|
Notwithstanding
anything contained in the code
or criminal procedure, 1898,
(5 of 1898) an offence punishable
under clause (1) or clause (n)
or clause (o) of sub-section
(1) of section 11 or under section
12 shall be a cognizable offence
within the meaning of that code
|
| Powers of
search and seizure 32. |
|
(1) If a police
officer not below the rank of
sub-inspector, or any person
authorized by the State Government
in this behalf has reason to
believe that an offence under
clause (l) of sub-section (1)
of section 11 in respect of
any such animal as is referred
to in section 30 is being, or
that any person has in his possession
the skin of any such animal
with any part of the skin of
the head attached thereto, he
may enter and search such place
or any place in which he has
reason to believe any such skin
to be, and may seize such skin
or any article or thing used
or intended to be used in the
commission of such offence.
2) If a police officer not below
the rank of sub-inspector, or
any person authorized by the
State Government in this behalf,
has reason to believe that phooka
or *(doom
dev or any other operation of
the nature referred to in section
12) has just been or is being,
performed on any animal within
the limits of his jurisdiction,
he may enter any place in which
he has reason to believe such
animal to be, and may seize
the animal and produce it for
examination by the Veterinary
Officer in charge of the area
in which the animal is seized
* Subs.
by Act 26 of 1982 S. 15 for the
words "doom dev"
|
| Search Warrants
33. |
|
(1) If a Magistrate
of the first or second class
or a Presidency Magistrate or
a Commissioner of Police or
District Superintendent of Police,
upon information in writing;
and after such inquiry as he
thinks necessary, has reason
to believe that an offence under
this Act is being, or is about
to be, or has been committed
in any place, he may either
himself enter and search or
by his warrant authorize any
police officer not below the
rank of Sub-Inspector to enter
and search the place
(2) The provisions of the code
of criminal procedure, 1898,
relating to searches shall so
far as those provision can be
made applicable, apply to searches
under this Act
|
| General power
of seizure for examination 34. |
|
Any police
officer above the rank of a
constable or any person authorized
by the State Government in this
behalf, who has reason to believe
that an offence against this
Act has been or is being, committed
in respect of any animal, may,
if in his opinion the circumstances
so require, seize the animal
and produce the same for examination
by the nearest Magistrate or
by such Veterinary Officer as
may be prescribed; and such
police officer or authorized
person may, when seizing the
animal, require the person in
charge thereof to accompany
it to the place of examination.
|
| Treatment
and care of animals 35. |
|
(1) The State
Government may by general or
special order appoint infirmaries
for the treatment and care of
animals in respect of which
offences against this Act have
been committed, and may authorize
the detention therein of any
animal pending its production
before a Magistrate.
(2) The Magistrate
before whom a prosecution for
an offence against this Act
has been instituted may direct
that the animals concerned shall
be treated and cared for in
an infirmary, until it is fit
to perform its usual work or
is otherwise fit for discharge,
or that it shall be sent to
a pinjrapole, or if the veterinary
officer in charge of the area
in which the animal is found
or such a veterinary officer
may be authorized in this behalf
by rules made under this Act
certified that it is incurable
or cannot be removed without
cruelty, that it shall be destroyed
(3) An animal
sent for care and treatment
to any infirmary shall not,
unless the magistrate directs
that it shall be sent to a pinjrapole
or that it shall be destroyed,
be released from such place
except upon a certificate of
its fitness for discharge issued
by the veterinary officer in
charge of the area in which
the infirmary is situated or
such other veterinary officer
as may be authorized in this
behalf by rules made under this
Act
(4) The cost
of transporting the animal to
an infirmary or pinjrapole and
of its maintenance and treatment
in an infirmary, shall be payable
by the District Magistrate,
or, in presidency towns, by
the Commissioner of Police;
Provided that
when the magistrate so orders
on account of the poverty of
the owner of the animal, no
charge shall be payable for
the treatment of the animal
(5) Any amount
payable by an owner of an animal
under sub-section (4) may be
recovered in the same manner
as an arrear of land revenue
(6) If the
owner refuses or neglects to
remove the animal within such
time as a Magistrate may specify,
the magistrate may direct that
the animal be sold and that
the proceeds of the same be
applied to the payment of such
cost
(7) The surplus,
if any, of the proceeds of such
sale shall, on application made
by the owner within two months
from the date of the sale be
paid to him
|
| Limitation
of prosecutions 36. |
|
A prosecution
for an offence against this
Act shall not be instituted
after the expiration of three
months from the date of the
commission of the offence
|
| Delegation
of powers 37. |
|
The Central
Government may, by notification
in the official Gazette, direct
that all or any of the powers
exercisable by it under this
Act, may, subject, to such conditions
as it may think fit to impose,
be also exercised by any State
Government
|
| Power to
make rules 38. |
|
(1) The Central
Government may, by notification
in the Official Gazette and
subject to the condition of
previous publication, make rules
to carry out the purposes of
this Act
(2) In particular,
and without prejudice to the
generality of the foregoing
power, the Central Government
may make rules providing for
all or any of the following
matters, namely:-
(a) the *(xxxx)
conditions of service of members
of the Board, the allowances
payable to them and the manner
in which they may exercise their
powers and discharge their functions
**
[(aa) the manner in which the
persons to represent municipal
corporation are to be elected
under clause (e) of sub-section
(1) of section 5;)]
*
The Words "terms and"
omitted by Act 26 of 1982, S.
16 (a) (i).
**
Ins ibid S. 16 (a) (ii).
(b) the maximum
load (including any load occasioned
by the weight of passengers)
to be carried or drawn by any
animal;
(c) the conditions to be observed
for preventing the overcrowding
of animals;
(d) the period during which,
and the hours between which,
any class of animals shall not
be used for draught purposes;
(e) prohibiting the use of any
bit or harness involving cruelty
to animals;
***[(ea)
the other methods of destruction
of stray dogs referred to in
clause (b) of sub-section (3)
of section 11;
(eb) the methods by which any
animal which cannot be removed
without cruelty may be destroyed
under sub-section (3) of section
13]
***
Ins by Act 26 of 1982 S. 16 (a)
(iii)
(f) requiring
persons carrying on the business
of a farrier to be licensed
and registered by such authority
as may be prescribed and levying
a fee for the purpose;
(g) the precautions to be taken
in the capture of animals for
purposes of sale, export or
for any other purpose, and the
different appliances or devices
that may alone be used for the
purpose; and the licensing of
such capture and the levying
of fees for such licenses;
(h) the precautions to be taken
in the transport of animals
wheth | | | | | |
