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PREVENTION OF CRUELTY TO ANIMALS ACT

Ministry of Law and Justice

Act nº 59 of 1960


  • Chapter I
  • Chapter II. Animal Welfare Board of India
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Act nº 59 of 1960

Preamble

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

[Act, No. 59 of 1960]

[26th December, 1960]

PREAMBLE

An Act to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to 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 I

Section 1. Short title, extent and commencement

(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 date1as 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.

1. Came into force on 1-4-1961 for the State of Punjab and the Union territory of the Andaman and Nicobar Islands; vide S.O. 823, dated 1-4-1961, see Gazette of India, Pt. II, section. 3(ii), p. 806.


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "animal" means any livingcreature other than a human being;

1 [(b) "Board" means the Boardestablished under section 4, and as reconstituted from time to time undersection 5A;]

(c) "captive animal" means any anima!(not being a domestic animal) which is in captivity or confinement, whetherpermanent or temporary, or which is subjected to any appliance or contrivancefor the purpose of hindering or preventing its escape from captivity orconfinement or which is pinioned or whichis or appears to be maimed;

(d) "domestic animal" means anyanimal which is tamed or which has been or is being sufficiently tamed to servesome purpose for the use of man or which, although it neither has been nor isbeing nor is intended to be so lamed, is or has become in fact wholly or partlytamed;

(e) "local authority" means amunicipal committee, district board or other authority for the time beinginvested by law with the control and administration of any matters within aspecified local area;

(f) "owner", used with reference toan animal, includes not only the owner but also any other person for thetime being in possession or custody of the animal, whether with or without theconsent of the owner;

(g) "phooka"or "doom dev" includes any process of introducing air or any substanceinto the female organ of a milch animal with the object of drawing off from theanimal any secretion of milk;

(h) "prescribed" means prescribe byrules made under this Act;

(i) "street" includes any way, road,lane, square, court, alley, passage or open space, whether a thoroughfareor not, to which the public have access.

1.Substituted, by Act 26 of 1982, section.2, for clause(b) (w.e.f. 30-7-1982).


Section 3. Duties of persons having charge of animals

It shall he the duty of every person having the care or charge of any animal to take ail reasonable measures fo ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.

Chapter II
Animal Welfare Board of India

1. Substituted by Act 26 of 1982, section 3, for "ANIMAL WELFARE BOARD" (w.e.f. 30-7-1982)


Section 4. Establishment of Animal Welfare Board of India

(1) For the promotion of animal welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain or suffering, in particular, there shall be established by the Central Government, as soon as may be after the commencement of this Act, a Board to he called the1[Animal Welfare Board of India].

(2) The Board shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by its name sue and be sued.

1. Substituted by Act 26 of 1982, section 4, for "Animal Welfare Board" (w.e.f. 30-7-1982)


Section 5. Constitution of the Board

(1) The Board shall consist of the following persons, namely:--

(a) the Inspector-General of Forests, Government of India, ex officio;

(b) the Animal Husbandry Commissioner io the Government of India, ex officio;

1 [(ba) two persons to represent respectively the Ministers of the Central Government dealing with home affairs and education, to be appointed by the Central Government;

(bb) one person to represent the Indian Board for Wild Life, to be appointed by the Central Government;

(bc) three persons who, in the opinion of the Central Government, are or have been actively engaged in animal welfare work and are well-known humanitarians, to be nominated by the Central Government;]

(c) one person to represent such association of veterinary practitioners as in the opinion of the Central Government ought to be represented on the Board, to be elected by that association in the prescribed manner;

(d) two persons to represent practitioners of modern and indigenous systems of medicine, to be nominated by the Central Government;

2 [(e) one person to represent each of such two municipal corporations as in the opinion of the Central Government ought to be represented on the Board, to be elected by each of the said corporations in the prescribed manner;]

(f) one person to represent each of such three organisations actively interested in animal welfare as in the opinion of the Central Government ought to be represented on the Board, to be chosen by each, of the said organisations in the prescribed manner;

(g) one person to represent each of such three societies dealing with prevention of cruelty to animals as in the opinion of the Central Government ought to be represented on the Board, to be chosen in the prescribed manner;

(h) three persons to he nominated by the Central Government;

(i) six members of Parliament, four to be elected by the House of the People (Lok Sabha) and two by the Council of States (Rajya Sabha).

(2) Any of the persons referred to in clause (a) or 3 [clause (b) or clause (ba) or clause (bb)] of sub-section (1) may depute any other person to attend any of the meetings of the Board.

4 [(3) The Central Government shall nominate one of the members of the Board to be its Chairman and another member of the Board to be its Vice-Chairman.]

1. Substituted by Act 26 of 1982, section 5 (w.e.f. 30-7-1982)

2. Substituted by Act 26 of 1982, section 5, for clause (e) (w.e.f. 30-7-1982).

3. Substituted by Act 26 of 1982, section 5, for "clause (b)" (w.e.f. 30-7-1982).

4. Substituted by Act 26 of 1982, section 5, for sub-section (3) (w.e.f. 30-7-1982)


Section 5A. Reconstitution of the Board

1 [ 5A. Reconstitution of the Board.

(1) In order that the Chairman and other members of the Board hold office till the same date and that their terms of office come to an end on the same date, the Central Government may, by notification in the Official Gazette, reconstitute, as soon as may be after the Prevention of Cruelty to Animals (Amendment) Act, 1982 comes into force, the Board.

(2) The Board as reconstituted under sub-section (1) shall be reconstituted from time to time on the expiration of every third year from the date of its reconstitution under sub-section (1)

(3) There shall he included amongst the members of the Board reconstituted under sub-section (1), all persons who immediately before the date on which such reconstitution is to take effect, are members of the Board but such persons shall hold office only for the unexpired portion of the term for which they would have held office if such reconstitution had not been made and the vacancies arising as a result of their ceasing to be members of the Board shall be filled up as casual vacancies for the remaining period of the term of the Board as so reconstituted:

Provided that nothing in this sub-section shall apply in relation to any person who ceases to be a member of the Board by virtue of the amendment made in subsection (1) of section 5 by sub-clause (ii) of clause (a) of section 5 of the Prevention of Cruelty to Animals (Amendment) Act, 1982.]

1. Inserted by Act 26 of 1982, section 6 (w.e.f. 30-7-1982)


Section 6. Term of office and conditions of service of members of the Board

1 (1)Theterm for which the Board may he reconstituted under section 5A shall be threeyears from the date of the reconstitution and the Chairman and other members ofthe Board as so reconstituted shall hold office till the expiry of the term forwhich the Board has been so reconstituted.

(2) Notwithstanding anything contained in sub-section (1),--

(a) the term of office of an ex officio member shall continue solong as he holds the office by virtue of which he is such a member;

(b) the term of office of a member elected or chosen under clause(c), clause (e), clause (f)clause (g), clause (h) or clause (i) of section 5 torepresent any body of persons shall come to an end as soon as he ceases to be amember of the body which elected him or in respect of which he was chosen;

(c) the term of office of a member appointed, nominated, elected orchosen to fill a casual vacancy shall continue for the remainder of the term ofoffice of the member in whose place he is appointed, nominated, elecled orchosen;

(d) the Central Government may, at any time, remove for reasons tobe recorded in writing a member from office after giving him a reasonableopportunity of showing cause against the proposed removal andanyvacancy caused by such removal shall be treated as casual vacancy for thepurpose of clause (c).

(3) The members of the Board shall receive such allowances, if any,as the Board may, subject to the previous approval of the Central Government,provide by regulations made in this behalf.

(4) No act done or proceeding taken by the Board shall bequesyioned on the ground merely of the existence ofany vacancy in, or defect inthe constitution of, the Board and in particular, and without prejudice to thegenerality of the foregoing, during the period intervening between the expiry ofthe term for which the Board has been reconstituted under section 5A and itsfurther reconstitution under that section, the ex officio members of the Boardshall discharge all the powers and functions of the Board.]

1.Substitutedby Act 26 of 19+82, section 7, for section 6 (w.e.f. 30-7-1982)


Section 7. Secretary and other employees of the Board

(1) The Central Government shall appoint1[***] the Secretary of the Board.

(2) Subject to such rules as may be made by the Central Government in this behalf, the Board may appoint such number of other officers and employees as may be necessary for the exercise of its powers and the discharge of its functions and may determine the terms and conditions of service of such officers and other employees by regulations made by it with the previous approval of (be Central Government.

1 . The words "one of its officers to be" omitted by Act 26 of 1982, section8 (w.e.f. 30-7-1982)


Section 8. Funds of the Board

The funds of the Board 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 local authorityor by any other person.

Section 9. Functions of the Board

The functions of the Board shall be--

(a) to keep the law in force in India for me prevention of cruelly to animals under constant study and advise the Government on the amendments to be undertaken in any such law from time to time;

(b) to advise the Central Government on the making of rules under this Act with a view to preventing unnecessary pain or suffering to animals generally, and more particularly when they are being transported from one place to another or when they are used as performing animals or when they are kept in captivity or confinement;

(c) to advise the Government or any local authority or other person on improvements in the design of vehicles so as to lessen the burden on draught animals;

(d) to take all such steps as the Board may think fit for 1 [ameliorating of animals] by encouraging, or providing for, the construction of sheds, water-troughs and the like and by providing for veterinary assistance to animals;

(e) to advise the Government or any local authority or other person in the design of slaughter-houses or in the maintenance of slaughter-houses or in connection with slaughter of animals so that unnecessary pain or suffering, whether physical or mental, is eliminated in the pre-slaughter stages as far as possible, as animals are killed, wherever necessary, in as humane a manner as possible;

(f) to take all such steps as the Board may think fit to ensure that unwanted animals are destroyed by local authorities, whenever it is necessary to do so, either instantaneously or after being rendered insensible to pain of suffering;

(g) to encourage, by the grant of financial assistance or otherwise, 2 [the formation or establishment of pinjrapoles, rescue homes, animal shelters, sanctuaries and the like] where animals and birds may find a shelter when they have become old and useless or when they need protection;

(h) to co-operate with, and co-ordinate the work of, associations or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds;

(i) to give financial and other assistance to animal welfare organisations functioning in any local area or to encourage the formation of animal welfare organisations in any local area which shall work under the general supervision and guidance of the Board;

(j) to advise the Government on matters relating to the medical care and attention which may be provided in animal hospitals and to give financial and other assistance to animal hospitals whenever the Board thinks it necessary to do so;

(k) to impart education in relation to the humane treatment of animals and to encourage the formation of public opinion against the infliction of unnecessary pain or suffering to animals and for the promotion of animal welfare by means of lectures, hooks, posters, cinematographic exhibitions and the like;

(l) to advise the Government on any matter connected with animals welfare or the prevention of infliction of unnecessary pain or suffering on animals,

1. Substituted by Act 26 of 1982, section9, for "ameliorating the condition of beasts of burden" (w.e.f. 30-7-1982).

2. Substituted by Act 26 of 1982, section 9, for "the formation of prinjrapoles, sanctuaries and the like" (w.e.f. 30-7-1982).


Section 10. Power of Board to make regulations

The Board may, subject to the previous approval of the Central Government, make such regulations as it may think fit for the administration of its affairs and for carrying out its functions.

Section 11. Treating animals cruelly

(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 animals to be so treated; or

(b)1[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 so employed; or

(c) willfuly and unreasonably administers any injurious drug or injurious substance to 2 [any animal) or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 2 [ any animal); or

(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 tjme 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 3 [any animal], fails to provide such animal with sufficient food, drink or shelter; or

(i) without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or

(j) wilfully 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 reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or

4 [(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;]

5 [m) solely with a view to providing entertainment--

(i) confines or causes to be confined any animal (including lying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or

(ii) incites any animal to fight or bait any other animal; or]

(n)6 [***] organises, keeps, uses or acts in the management of, 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, 7 [in the case of a first offence, with fine which shall nol 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.]

(2) For the purposes of sub-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 of 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 nose-roping of any animal, in the prescribed manner; or

(b) the destruction of stray dogs in lethal chambers or 8 [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.

1. Substituted by Act 26 of 1982, sec. 10, for certain words (w.e.f. 30-7-1982).

2. Substituted by Act 26 of 1982, sec. 10, for "any domestic or captice animal" (w.e.f. 30-7-1982).

3. Substituted by Act 26 of 1982, sec. 10, for "any captive animal" (w.e.f. 30-7-1982)

4. Substituted by Act 26 of 1982, sec. 10, for clause (I) (w.e.f. 30-7-1982).

5. Substituted by Act 26 pf 1982, sec. 10, for clause (m) (w.e.f. 30-7-1982).

6. The words "for the purposes of his business" omitted by Act 26 of 1982, sec. 10 (w.e.f. 30-7-1982).

7. Substituted by Act 26 of 1982, sec. 16, for certain words (w.e.f. 30-7-1982).

8. Substituted by Act 26 of 1982, sec. 16, for "by other methods with a minimum of suffering" (w.e.f. 30-7-1982).