The prevention of cruelty to animals Act, 1960
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this actSection No.
THE PREVENTION OF
CRUEL TY TO ANIMALS ACT, 1960
(59 of 1960)
As amended by Central Act 26 of 1982.
THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
(59 OF 1960)
As amended by Central Act 26 of 1982.
ARRA NGEMENT OF SECTIONS
CHAPTER I - PRELIMINA RY
l. Short title , extent and comm ence ment.
2. Definitions .
3. Duties of persons having charge of animals.
CHAPTER II - ANIMAL WELFARE BOARD F INDIA
4. Establishment of Anima l Welfare Board of India.
5. Constitution of the Board.
SA . Reconstitution of the Board.
6. Term of off ice and condit ions of service of Members of the Board,
7. Secretary and other emplo yees of the Board.
8. Funds of the Board.
9. Functions of the 'Board .
10. Power of Board to make regulations.
CHAPTER III-CRUELTY TO ANIMALS GENERALLY
11. Treating animals cruelly .
12. Penalty for practising phooka or doo m elev.
13. 'Destruction of suffering animals'.
CHAPTER IV-EXPERIMENTAT[ON F ANIMALS
14. Experiments on animals.
15. Committee for control and supervision of experiment s on animals.
I SA. Sub-Committe e.
16. Staff of the Committee.
17. Duties of the Committe e and power of the Committee to make rules relating to
experiments on animals.
18. Power of entry and inspec tion.
19. Power to prohibit expe riments on animals.
20. Penalties.
CHAPTER V-PERFORMING ANIMAL S
21. "Exhibit" and "train" defined.
22. Restriction on exhibition and training of performing animals.
23. Procedure for registratio n.
24. Power of court to prohibit or restrict exhibit ion and training of performing animals.
25. Power to enter premises.
26. Offences.
27. Exemption s.
CHAPTER VI-MISCELLANEOUS
28. Saving as respects manner of killing prescr ibed by religion.
29. Power of court to deprive person convicted of ownership of animal.
30. Presumptions as to guilt in certa in cases.
31. Cognizability of offences .
32. Powers of search and seizure.
33. Search warrants.
34. General Power of seizure for examination.
35. Treatment and care of animals.
36. Limitation of prosecutions .
37. Delegation of powers.
38. Power to make rules.
38A. Rules and regulations to be laid before Parliament.
39. Persons authorised under section 34 to be public servants.
40. Indemnity .
41. Repeal of Act 11 of 1890.
LIST OF ABBREV ATIONS USED
Ins. Inserted
S. Section
Subs. Substituted.
THE PREVENTION OF CRUELTY TO ANIMAL S ACT, 1960
(59 OF 1960)
(26th December , 1960)
AN ACT
to prevent the infliction of unnece ssary pain or sufferin g on animals and for that
purpose to amend the law relating to the prevention of cruelty to animals .
Be it enacted by Parliamen t in the Eleventh year of the Republic oflndia as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and comm encem ent : (1) This Act may be called the Prevention
of Cruelty to Animals Act, 1960.
(2) It extends to the whole oflnd ia except the State of Jam mu and Kashmir. ,
(3) It shall come into force on such date as the Central Government may, by
notification in the official Gazette, appoin t, and different dates may be
appointed for different States and for the different provisions comained in this
Act.
2. Definitions : In this Act, unless the context otherwise . requires,
(a) "animal" means any living creature other than a human being,
1
[(b) "Board" means the Board established under Sectio n 4. and as reconstituted
from time to time under Section SA]
(c) "captive animal" means any animal (not being a domestic animal) which is in
capacity or confi nement, whethe r permanent or tem porary , or which is
subjected to any appliance of contrivance for the purpose of hindering or
preventing its escape from captivit y or confinemen t or which is pinioned or
which is or appea rs 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 com mittee, 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, include s not only the owner but
also any other person for the time being in possessio n 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 femal e organ of a milch animal with the object of drawing
off from the anima l any secretion of milk;
(h) "prescribed" means prescribe d by Rules made under this Act;
(i) "street" includes any way, road, lane, square, court, alley, passage or open
space, whether a thoroughfare or not to which the public have access.
3. Duties of persons having charge of animals : 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 II
2(ANIMAL WELFARE BOARD OF rNDIA)
4. Establishment of Animal Welfare Board oflndia: (1) For the promotion of
animal welfare generally and for the purpose of protecting animals from being
subjected to unnecessary pain or suffering, in particu lar, there shall be established by
the Central Government, as soon as may be after the commencement of this Act, a
Board to be called the 3(Anima l Board ofindia.)
(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.
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 Husbandr y Commissioner to the Govern ment of India,
ex-officio;
(bb)
(be)
(c)
(d)
(f)
two persons to represent respectively the Ministries of the Central Government
dealing with Home Aff airs and Education, to be appointed by the Central
Government;
one person to represen t the Indian Board for Wild Life, to be appointed by the
Central Governme nt;
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;)
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;
two persons to represent practitioners of modern and indigenous systems of
medicine, to be nomin ated by the Central Government;
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
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 deal ing with prevention of
cruelty to animal as in the opinio n of the Central Government ought to be
represented on the Boar d, to be chosen, in the prescribed manner;
(h) three persons to be nomi nated by the Central Govern ment,
(i) six Members of Parli ament, four to be elected by the House of the People (Lok
Sabha) and two by the Counc il of States (Raj ya Sabha).
(2) Any of the person s referred to in clause 9a) or 6[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.
7[(3) The Central Govern men t shall nominate one of the members of the Board to
be its Chairman and another member of the Board to be its Vice-Chairman.).
SA. Reconstitution of the Board : 8[5.A (1) In order that the Chairman and other
members of the Board hold off ice till the same date and that their terms of off
ice come to an end on the same date , the Cent ral Government may, by
notification in the Officia l Gazette, reconstit ute, as soo n as may be after the
Prevention of Cruelty to Animals (Amendme nt) Act, 1982 comes into force ,
the Board.
(2) The Board as reconstitu ted under sub- section ( l) shall be reconstituted from
time to time on the expiration of every third year, from the date of its
reconstitution under sub-s ection ( 1 ).
(3) There shall be included amongst the members of the Board reconstituted under
sub-section (1), all perso ns who immediately befor e 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 casua l vacanc ies for the remaining period of the term of the
Board as so recon stituted :
Provided that nothing in this sub-section shall apply in relation to any person
who ceases to be member of the Board by virute of the amendment made in
sub-section ( 1) of section 5 by sub-clause (ii) of clause (a) of section 5 of the
Prevention of Cruelty to Anim als (Amendernent) Act, 1982).
9
6. Term of off ice and condit ions of service of Members of the Board : (1)
The term for which the Board may be reconstituted under sect ion 5A shall be
three years from the date of the reconstitution and the Chairman and other
Members of the Board as so reconstituted shall hold office till the expiry of the
term for which the Board has been o reconstituted.
(2) Notwithstanding anything contained in sub-se ction (I ):
(a) the term of office of an ex-officio Member shall continue so long as he holds
the off ice by virtue of which he is such a Member;
(b) the term of off ice of a Member elected or chosen under clause ( c ), clause ( e ),
clause (g), clause (h) or clause (i) of section 5 to represent anybody of persons
shall come to an end as soon as he ceases to be a Member 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 or chosen to fill
a casual vacancy shall contin ue for the remainder of the term of office of the
Member in whose place he is appointed, nominated, elected or chosen;
(d) the Central Governm ent may, at any time. remove for reasons to be recorded in
writing a member from office after giving him a reasonable opportunity of
showing cause against the proposed removal and any vacancy caused by such
removal shall be treated as casual vacancy for the purpose of clause ( c ).
(3) 'The members of the Board shall receive such allowance, if any, as the Board
may, subject to the previous approval of the Central Government, provided by
regulations made in this behalf,
(4) No act done or proceed ing taken by the Board shall be questioned on the
ground merely of the existence of any vacancy in, or defect in the constitution
of the Board and in pmi icular, and without prejudice to the generality of the
foregoing, during the period intervening between the expiry of the term for
which the Board has been reconstituted under section SA and its further
reconstitution under that section, the ex-officio members of the Board shall
discharge all the powers and function of the Board.)
7. Secretary and other employees of the Board : ( 1) The Central Government
shall appoint 10xxxxx the Secretary of the Board.
(2) Subject to such rules as may be madeΒ· 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 determin e the terms and conditions of service of such
officers and other employees by regulations made by it with the previous
approval of the Central Government.
8. Funds of the Board : The funds of the Board shall consist of grants made to it from
time to Board time by the Government and of contribution s, subscriptions , bequests,
gifts and the like made to it by any local authority or by any other person.
9. Functions of the Board :The functions of the Board shall be Board
(a) to keep the law in force in, India for the prevention of cruelty 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 Governm ent on the maki ng of rules under this Act with a
view to preventing unnecess ary 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 autho rity or other person on
improvements in the des ign of veh icles so as to lessen the burden on draught
animals;
(d) to take all such steps as the Board may think fit for 11camelioration of animals)
by encouraging or providi ng for, the construc tion of sheds, water-troughs and
the like and by providin g for veterinary assista nce to animals:
( e) to advise the Government or any local author ity or other person in the design
of slaughter-house s or the maintenance of slaughter houses or in connection
with slaughter of animals so that unnecessary pain or suffering, whether
physical or menta l, is eliminated in the pre-slaughter stages as far as possible ,
and 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 destro yed by local authorities , wheneve r it is necessary to do so,
either instantaneou sly or after being rendered insensi ble to pain or suffering.
(g) to encourage by the grant of financial assistance or otherwise, 12(the formation
or establishment of pinjrapol es, rescue homes, an imal shelters, sanctuaries and
the like) where animals and birds may find a shelte r when they have become
old and useless or whe n they need protection:
(h) to co-operate with, and co-ordinate the work of, associations or bodies
established for the purpose of preventing unneces sary pain or suffering to
animals or for the protect ion of animals -and birds;
(i) to give financia l 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 Boar d;
(i) to advise the Governm ent on matte rs relating to the medical care and attention
which may be provided in animal hospital, and to give financial and other
assistance to anima l hospitals whenever the Board thinks it necessary to do so;
(k) to impart educati on in relat ion to the humane treatment of animals and to
encourage the fmmat ion of public opinion against the infliction of unnecessary
pain or suffering to animals and for the promotion of animal welfare by means
of lectures, books , posters, cinematographic exhibiti ons and the like;
(1) to advise the Government on any matter connected with animal welfare or the
prevention of infliction of unnecessary pain or suffer ing on animals.
10. Power of Board to make regulations : The Board may, subject to the previous
approval of the Central Government , make such regu lations as it may think fit for the
administration of its affairs and for carrying out its functions .
CHAPTER III
CRUEL TY TO ANIMALS GENERALL Y
11. Treating animals cruelly : (1) If any person
(a) beats, kicks , over-rid es, 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) 13(employs in any work or labour or for any purpose any animal which, by
reason of its age or any disea se) 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) wilfully and unreasonably administers any injurious drug or injurious
substance to 14(any animal) or wilfully and unreason ably causes or attempts to
cause any such drug or substance to be taken by 15(any animal;) or
( d) conveys or carrie s, whether in or upon any vehicle or not, any animal in such a
manner or positio n 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 opport unity for movement ; or
f) keeps for an unreasonable time any anima l chai ned or tethered upon an
unreasonably short or unreaso nably 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 confineme nt; or
(h) being the owner of (any animal) fails to provide such animal with sufficient
food , drink or shelter ; or
(i) without reasonabl e cause, abandons any animal in circumstances which tender
it likely that it will suffer pain by reason of starvation thi rst; or
G) wilfully permits any animal, of which he is the owner, to go at large in any
street, while the anima l is affected with contagi ous or infectious disease or,
without reason able excuse permits any diseased or disa bled 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 mut ilatio n, starvation, thirst ,
overcrowding or other illtreat ment; or
16{(1) mutilates any anima l or kills any animal (includin g stray dogs) by using the
method of strychnine injectio ns, in the heart or in any other unnecessarily cruel
manner or;)
17 { (m) solely with a view to providi ng entertainment
(i) confines or causes to be confi ned any animal (including tying of an animal as a
bait in a tiger or other sanct uary) so as to make it an object or prey for any
other animal ; or
(n) 18 [xxxx] organises , 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 adm ission of any other
person to any place kept or used for any such purpos es; or
(o) promotes or takes pa1i in any shoo ting match or competition wherein animals
are released from captivity for the purpose of such shoot ing:
he shall be punishable 19(in the case of a first offence, with fine which shall not be less
than ten rup6es but which may extend to fi fty rupees and in the case of a
second or subseq uent offenc e committed within three years of the previous
offence , with fine which shall not be less than twe nty-five rupees but which
may extend, to one hundred rupees or with impris onment for a term which
may extend , to three months , or with both.]
(2) For the purposes of section ( I) an owner shall be deemed to have committed
an offence if he has failed to exercise reason able care and supervision with a
view to the preven tion of such offence; Β·
Provided that where an owner is convicted permittin g 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 catt le, or the castration or brand ing or noseroping of any
animal in the prescribed manner, or
(b) the destruction of stray dogs in lethal cham bers 20 [by such other methods as
may be prescribe d] or
(c) the extermination or destruct ion of any animal unde r 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 destructi on of any animal as food for mankind unless such
destruction or preparation was accompanied by the infl iction of unnecessary
pain or suffering.
12. Penalty for practising phooka or doom dev : lf any persons upon any cow or other
milch animal the operation cal led practising phooka or 2 1 [ doom dev or any other
operation (including injection of any or doom dev. substa nce) to improve lactation
which is injurious to the health of the animal] or perm its such operation being
performed upon any such anim al in his possession or under his control, he shall be
punishable with fine which may exte nd 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 Governme nt.
13. 'Destruction of suffering animals' : (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 animals to any suitable person for that purpose, and the
person to whom such animal is so assig ned shall as soon as possible, destroy such
animal or cause such animal to be destroyed in his presence without unnecessary
suffering: and any reason able expense incurred in destroying the animal may be
ordered by the court , if the couti is satisfied that it would be cruel to keep the animal
alive , to direct that the anim al be destroyed and to assign the animal to any
reasonable expense incurred in destroying the animal ma! be ordered by the court to
be recovered from the owner as if it were a fine:
Provided that unles s the owner assents thereto, no order shall be made under
this section except upon the evidence of a veterina ry officer in charge of the
area.
(2) When any magistrate, comm issioner of police or district superintendent of
police has reason to believ e 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 officer above the rank of a constable or any person authorised by
the State Government in this beha lf who finds any animal so diseased or so
severely injured or in such a physical conditio n 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 severely injured or in such a
physical condition that it would be cruel to keep it alive, the police officer or
the person author ised, as the case may be, may, after obtaining orders from a
magistrate, destroy the animal injured or cause it to be destroyed; 2\in such
manner as may be prescri bed)
(4) No appeal shall lie from any orde r of a magistrat e for the destruction of an
animal.
CHAPTER IV
EXPERI MENTATION OF ANIMALS
14. Experiments on animals : No thing contained in this Act shall render unlawful the
performance of experime nts (including) experiments involv ing operations) on animals
for the purpose of advancement by new discovery of physiological knowledge or of
knowledge which will be usefu l for saving or for prolonging life or alleviating
suffering or for combatin g any disease, whether of human beings, animals or pla~ts.
15. Committee for control and supervi sion of experiments on animals: (l)If at any
time , on the advice of the Board, the Central Governme nt is of opinion that it is
necessary so to do for the purpose of controlling "and supervising experiments on
animals it may be notificat ion in the Official Gazette
(2)
(3)
(4)
23 [15A.
(2)
Constitute a Comm ittee consisting of such number of officials and
non-offic ials, as it may think fit to appoint thereto.
The Central Governmen t shall nom inate one of the Members of the Committee
to be its Chairman.
The Committee shall have power to regulate its own Procedure in relation to
the performance of its duties.
The funds of the Commi ttee 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 : (1) The Committee may constitut e as many sub-committees
as it thinks fit for exercisi ng any power or disc harging any duty of the
Committee or for inquir ing into or reporting and adv ising on any matter which
the Committee may refer.
A sub-committee shal l consist exclusively of the Members of the Committee.)
16. Staff of the Committee : Subject to the control of the Central Government , the
Committee may committee appoint such number of officer s and other employees as
may be necessary to enable it to exercise ills powers and perfo rm its duties and may
determine the remunerati on and othe r terms and conditions of service of such officers
and other employees.
17. Duties of the Committe e and pow er of the Committee to make rules relating to
experiments on animals : (1) It sha ll 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 public ation, make such rules as it may think fit in animals
relation to the conduct of such experi ments .
24 [(1A)In particular, and without prejud ice to the generalit y to the foregoing power,
such rules may prov ide for the following matt ers namely:
(a) the registration of persons or institutions carrying on experiments on animals;
(b) the reports and other informa tion which shall be forwarded to the Committee
by persons and institutions carrying on experiments or, animals.]
(2) In particular, and withou t prej udice to the generalit y of the foregoing power,
rules made by the Committee shall be designed to secure the following objects,
namely:
(a) that in cases where exper iments are performed in any institution, the
responsibility there fore is placed on the person in charge of the institution and
that, in cases where experi ments are perfo rmed outs ide an institution by
individuals, the individual s, are performed outside an institution by
individuals, the individuals, are qualified in that behalf and the experiments
are performed on thei r full responsibil ity;
(b) that experiments are perform ed with due care and humanity and that as far as
possible experiments involvi ng operations are perfo rmed under the influence
of some anaesthet ic of suffici ent power to prevent the animals feeling pain;
( c) that animals which , in the course of experime nts under the influence of
anaesthetics, 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 med ical schools, hospitals, copeges and the like, if other teaching
devices such as books, model s, films and the. like, may equally suffice;
(e) that experiments on larger animals are avoided when it is possib le to achieve
the same results by expe riments upon small laboratory animals like
guinea-'pigs, rabb its, frogs and rats;
(f) that, as far as poss ible, exper iments are not perform ed merely for the purpose
of acquiring manua l skil l;
(g) that animals intend ed for the performance of experi ments are properly looked
after both before and after experiments;
(h) that suitable record s are maintaine d with respect to experiments performed on
animals
(3) In making any rule s under this sect ion, the Committe e shall be guided by such
directions as the Central Government (consist ently with the objects for which
the Committee is set up) may give to it, and the Central Government is hereby
authorised to give such direction.
(4) All rules made by the Committee shall be binding on all individuals
performing experiments outside institutions and on persons incharge of
institutions in which experiments are performed.
18. Power of entry and inspection : For the purpose of ensuri ng that the rules made by it
are being complied and with the Committee may authorise 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
authorised may-
( a) enter at any time considered reasonable by him and inspect any institution or
place in which experime nts on animals are being carried on; and
(b) require any person to produce any record kept by him with respect to
experiments on anim als.
19. Power to prohibit experiments on animals : If the Com mittee is satisfied, on the
report of any officer or other person made to it as a resul t 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 instituti on of being heard in the matter, by order, prohibit the person
or institution from carrying on any such experiments eithe r for a specified period or
indefinitely , or may allow the person or institution to carry on such experiments
subject to such special conditions as the Committee may thi nk fit to impose.
20. Penalties : If any person-
(a) contravenes any order made by the ComJnittee under section 19; or
(b) commits a breach of any condition impose d 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 condi tion has taken place in any institution the person
incharge of the institutio n shall be deemed to be guilty of the offence and shall be
punishable accordingly.
Β· cHAPTERV
PERFORMING ANIMALS
21. "Exhibit" and "train" defined : In this Chapter , " exhi bit" 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.
22. Restriction on exhibition and training of performing animals : No person shall
exhibit or train
(i) any performing anima l 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 offic ial gazette, specify as an animal which shall not be
exhibited or trained as a performing animal.
23. Procedure for registration : ( 1) Every person desirous of exhibiting or training
any performing anima l shall, on making an applicati on in the prescribed form
to the prescribed author ity and on payment of the prescribed fee, be registered
under this Act unless he is a person who, by reaso n of an order made by the
court under this Chapt er, 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 performances 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 registratio n 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 applicati on 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 cancell ed and a new certificate issued.
24. Power of court to proh ibit or restrict exhibition and training of performing
animals : ( 1) Where it is prove d to the satisfaction of any magistrate on a complaint
made by a police officer or an officer authorised in writing by the prescribed authority
referred to in section 23, that the trai ning or exhibitio n 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 orde r to be endorsed upon the
certificate field 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 authorit y to which a copy of an order is sent under "his section shall
enter the particular s of the order in that register;
25. Power to enter premises : ( 1) Any person authorised in wntmg by the
prescribed authority referred to in section 23 and any police officer not below the rank
of a sub-inspector may
(a) enter at all reasona ble times and inspect any premise s in which any performing
animals are being trained or exhib ited 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 anima ls to produc e 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 anima ls.
26. Offences : If any person -
(a) not being registered under this chapter, exhibit s 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 mann er 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 wilfully 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 regist ered under this Act when not entitled to be so registered,
He shall be puni shable on conviction with fine which may extend to five
hundred rupees or with imprisonment which may extend to three months, or
with both.
27. Exemptions: Nothing contained in this Chapter shall apply to -
(a) the training of animals for bonafide military or polic e 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 purpose s.
CHAPTER VI
MISCELLANEOUS
28. Saving as respects mann er of killi ng prescribed by religion : Nothing contained in
this Act shall render it an offence to kill any animal in a manner required by the
religion of any communit y.
29. Power of court to deprive person convicted of ownership of animal : (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 additio n to any other punishment make
an order that the animal with respect to which the offenc e 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 ) shal l 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 provision 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 anim al of any kind or species specified in the order.
( 4) No order under sub-sect ion (3) shall be made unles s
(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 anima l in the custody of the said person is likely
to be exposed to cruelty ;
(b) it is stated in the complaint upon which the convi ction 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 licence is necessary for the
keeping of any such animal as that in respe ct of which the conviction was
made.
(5) Notwithstand ing anything to the contrary containe d 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 oil any order , he
shall be punishable with fine whic h may extend to one hundred rupees , or.
with imprisonment fo r a term whic h may exte nd 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 app lication made to it in this behalf , rescind or
modify such order.
30. Presumptions as to guilt in certain cases : If any person is charged with the offences
of killing a goat , cow or its to guilt in progeny contra ry to the provisions of clause (1)
of sub section (1) or sect ion 11 , and it is proved that such person had in his
posse ssion, 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 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 ani mal was killed in a cruel
manner.
31. Cognizability of offence s : Notw ithstanding anything contained in the Code or
Criminal procedure , 1898, (5 of 1898) an offence punis hable under clause (1) or
clause (n) or clause , ( o) of sub-sectio n ( 1) of section 11 or under section 12 shall be a
cognizable offence withi n the meani ng of that code.
32. Powers of search and seizure : (1) If a police officer not below the rank of sub
inspector, or any person authorised by the State Governme nt in this behalf has reason
to believe that an offenc e under clause ( 1) of sub-section ( 1) of section 11 in respect
of any such animal as is refe rred to in secti on 30 is being, or that any person has in his
possession the skin of any such anim al 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 commiss ion of such offe nce.
(2) If a police officer not below the rank of sub- inspector, or any person
authorised by the State Government in this behalf , has reason to believe that
phooka or 25(doo m dev or any other operation of the nature referred to in
section 12) has j ust been or is being, performed on any anim al within the
limits of his juris diction, he may enter any place in which he has reason to
believe such anim al to be, and may seize the animal and produce it for
examination by the veterinary offic er incharge of the area in which the animal
is seized.
33. Search warrants : (1) If a magist rate of the first or second class or a presidency
magistrate or a commis sioner of police or district super intendent 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
authorise any police offic er not belo w the rank of sub-inspe ctor 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.
34. General Power of seizure for exam ination : Any police officer above the rank of a
constable or any person authorised seizure for by the State Government in this behalf ,
who has reason to believe that exam ination 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 anim al and produce the same for examination by the nearest
magistrate or by such veterinary officer as may be prescrib ed; and such police officer
or authorised person may, when seizing the anima l, require the person in charge
thereof to accompany it to the place of examination.
35. Treatment and care of animals : (1 ) The State Governm ent, 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 authorise the detention
therein of any animal pending its production before a magist rate .
(2) The magistrate before whom a prosecution for an offence against this Act has
been instituted may direct that the
animals concern ed 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 pinjrapo le, or if the veterinary officer in charge of the area in which
the animal is found or such a vete ri nary officer as may be authorised in this
behalf by rules made under this Act certifies that it is incurable or cannot be
removed without cruelty, that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the
magistrate direct s that it shall be sent to a pinjrapole or that it shall be
destroyed , be released from such place excep t upon a certificate of its fitness
for discharge issued by the veterina ry offic.er in charge of the area in which the
infirmary is situated or such other veterinary office r as may be authorised in
this behalf by rules made under this Act.
(4) The cost of trans porting the anima l to an infi rmary or pinjrapole and of its
maintenance and treatment in an infirmary, shall be payable by the district
magistrat e, or, in pres idency-towns , by the commissi oner of police ;
Provided that when the magi strate 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 an imal within such time as a
magistrate may specify, the magistrate may direct that the animal Excerpt shown. Open the full act in Lexace.
Lex