LexThe PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
Madhya Pradesh · state statute
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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Duties of persons having charge of animals.
CHAPTER II
ANIMAL WELFARE BOARD OF INDIA
4. Establishment of Animal Welfare Board of India.
5. Constitution of the Board.
5A. Reconstitution of the Board.
6. Term of office and conditions of service of members of the Board.
7. Secretary and other employees 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 doom dev.
13. Destruction of suffering animals.
CHAPTER IV
EXPERIMENTATION ON ANIMALS
14. Experiments on animals.
15. Committee for control and supervision of experiments on animals.
15A. Sub-committees.
16. Staff of the Committee.
17. Duties of the Committee and power of the Committee to make rules relating to experiments
on animals.
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SECTIONS
18. Power of entry and inspection.
19. Power to prohibit experiments on animals.
20. Penalties.
CHAPTER V
PERFORMING ANIMALS
21. “Exhibit” and “train” defined.
22. Restriction on exhibition and training of performing animals.
23. Procedure for registration.
24. Power of court to prohibit or restrict exhibition and training of performing animals.
25. Power to enter premises.
26. Offences.
27. Exemptions.
CHAPTER VI
MISCELLANEOUS
28. Saving as respects manner of killing prescribed by religion.
29. Power of court to deprive person convicted of ownership of animal.
30. Presumption as to guilt in certain cases.
31. Cognizability of offences.
32. Power 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.
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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
ACT NO. 59 OF 1960
[26th December, 1960.]
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
PRELIMINARY
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 1***.
(3) It shall come into force on s uch date as the Central Govern ment may, by notification in the
Official Gazette, appoint, and different dates 2 may be appointed for different States and for the
different provisions contained 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. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
2. 1st April, 1961 , vide Notification No.S.O.823, dated the 1st April, 1961, in respect of the State of Punj ab and the Union
territory of Andaman and Nicobar Island, see Gazette of India 1961, Part II, sec. 3(ii).
1st September, 1961, vide Notification No. S.O. 2061, dated the 25th August, 1961, for Chapters I and II in respect of the
States of Assam, Andhra Pr adesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Uttar
Pradesh and West Bengal and the Union territories of Delhi, Manipur and Tripura, see Gazette of India, 1961, Part II,
sec. 3(ii).
2nd October, 1961, vide Notification No. S.O. 2286, dated 15th September 1961, Chapters I and II in respect of the Union
territory of Himachal Pradesh, Gazette of India, Part II, sec. 3(ii).
26th January, 1962, vide Notification No. S.O. 21, dated 28th December, 1961, provisions of Chapters I and II in respect
of the State of Rajasthan, see Gazette of India, Part II, sec. 3(ii).
15th July, 1963, vide Notification No. S.O. 2000, dated 11 th July, 1963, Chapter IV in respect of the States of Assam,
Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Rajasthan, Uttar Pradesh
and West Bengal and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, see Gazette of
India, Part II, sec. 3(ii).
20th November, 1963, vide Notification No. S.O. 3160 , dated 29th October, 1963, Chapters III and VI in respect of the
States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa,
Rajasthan and Uttar Pradesh and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura,
see Gazette of India. Part II, sec. 3(ii).
24th May, 1977, vide Notification No. S.O. 1902, dated 24th May 1977, provisions of Chapter V in respect of all the
States and the Union territories to which this Act extends (except the State of Jammu and Kashmir).
This Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. and comes into force in Pondicherry
vide Reg. 7 of 1963, s. 3 and Sch.I (w.e.f. 1 -10-1963). and brought into force in Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I (w.e.f. 1-7-1965).
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1[(b) “Board” means the Board established under section 4, and as reconstituted from time to
time under section 5A;]
(c) “captive animal” means any animal (not being a domestic animal) which is in captivit y or
confinement, whether permanent or temporary, or which is subjected to any appliance or
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 being 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 a nimal, 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 i nto 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
thoroughfare or not, to which the public have access.
STATE AMENDMENTS
Karnataka
Amendment of section 2. ―In section 2 of the Prevention of Cruelty to Animals Act, 1960
(Central Act 59 of 1960) (hereinafter referred to as the Principal Act),―
(i) after clause (a), the following shall be inserted, namely:―
“(aa) “Bulls race or Bullock cart race ” means any form of bulls race including race of Bullock
cart as a traditional sports involving Bulls whether tied to cart with the help of wooden yoke or not (in
whatever name called) normally held as a part of tradition and culture in the state on such days and
places, as may be notified by the State Government.”; and
(ii) after clause (d), the following shall be inserted, namely:―
“(dd) “Kambala” means the traditional sports event involving Buffalo’s (male) race normally
held as a part of tradition and culture in the state on such days and places, as may be notified by the
State Government.”
[Vide Karnataka Act 2 of 2018, s. 2].
1. Subs. by Act 26 of 1982, s. 2, for clause (b) (w.e.f. 30-7-1982).
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Maharashtra
Amendment of section 2 of 59 of 1960 .―In section 2 of the Prevention of Cruelty to animals
Act, 1960 (59 of 1960) , in its application to the State of Maharashtra (hereinafter referred to as “the
principal Act”), after clause (b), the following clause shall be inserted, namely:―
“(bb) “bullock cart race” means an event involving bulls or bullocks to conduct a race, whether
tied to cart with the help of wooden yoke or not (by whatever name called), with or without a cartman
with a view to follow tradition and culture on such days and in any Dist rict where it is being
traditionally held at such places, as may be previously approved by the District Collector, and also
known as “Bailgada Sharyat”, “Chhakadi” and “shankarpat” in the State of Maharashtra;”.
[Vide Maharashtra Act 45 of 2017, s. 2].
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.
STATE AMENDMENTS
Karnataka
Amendment of section 3. ―Section 3 of the principal Act, shall be re -numbered as sub -section
(1) of that section and after sub -section (1) as so renumbered, the following sub -section shall be
inserted, namely:―
“(2) Notwithstanding anything contained in sub -section (1) conduct of “Kambala” or “Bulls race
or Bullock cart race” shall be permitted, subject to condition that no unnecessary pain or suffering is
caused to the animals, by the person incharge of that anim al used to conduct “Kambala” or “Bulls
race or Bullock cart race” as the case may be and subject to such other conditions as may be specified,
by the State Government, by notification.”
[Vide Karnataka Act 2 of 2018, s. 3].
Maharashtra
Amendment of section 3 of 59 of 1960 .―Section 3 of the principal Act shall be re -numbered as
sub-section (1) thereof; and after sub -section (1) as so re -numbered, the following sub -sections shall
be added, namely:―
“(2) Notwithstanding anything contained in sub -section (1), t he bullock cart race may be
conducted with the prior permission of the Collector, subject to the condition that no pain or suffering
as envisaged by or under the Act is cause d to the animal by any person or person in charge of the
animal used to conduct bullock cart race and subject to such other conditions as may be prescribed by
rules under section 38B by the State Government.
(3) If any person or person in charge of the animals conducts bullock cart race in contravention of
the conditions laid down in su b-section (2) or rules made thereunder relating to the bullock cart race
or causes pain or suffering to the animal, he shall be punished with fine which may extend upto rupees
five lakhs or imprisonment for a term which may extend upto three years.”.
[Vide Maharashtra Act 45 of 2017, s. 3].
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CHAPTER II
1[ANIMAL WELFARE BOARD OF INDIA]
4. Establishment of Animals Welfare Board of India .―(1) For the promotion of animal
welfare generally and for the purpose of protecting an imals 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 be called the 2[Animal Welfare Board of India].
(2) The Board shall be a body cor porate having perpetual succes sion 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 Husbandry Commissioner to the Government of India, ex officio;
3[(ba) two persons to represent respectively the Ministries 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 wh o, 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;
4[(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 per son 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 be 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).
1. Subs. by Act 26 of 1982, s. 3, for “Animal Welfare Board” (w.e.f. 30-7-1982).
2. Subs. by s. 4, ibid., for “Animal Welfare Board” (w.e.f. 30-7-1982).
3. Ins. by s. 5, ibid. (w.e.f. 30-7-1982).
4. Subs. by s. 5, ibid., for clause (e) (w.e.f. 30-7-1982).
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(2) Any of the persons referred to in clause ( a) or 1[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.
2[(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.]
3[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, reconstit ute, as soon as may be after
the Prevention of Cruelty to Animals (Amendment) Act, 1982 (26 of 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 be included amongst the members of the Board reconstituted under
sub-section (1), all persons who immediately before the date on which such reco nstitution 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 the ir 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 o f the Board by virtue 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 Animals (Amendment)
Act, 1982 (26 of 1982)].
4[6. Term of office and conditio ns of service of members of the Board .―(1) The term for
which the Board may be reconstituted under section 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 so reconstituted.
(2) Notwithstanding anything contained in sub-section (1),―
(a) the term of office of an ex officio member shall continue so long 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 to represent any body 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 continue for the remainder of the term of office of the member in whose place he is
appointed, nominated, elected or chosen;
(d) the Central Government 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
1. Subs. by Act 26 of 1982, s. 5, for “clause (b)” (w.e.f. 30-7-1982).
2. Subs. by s. 5, ibid., for sub-section (3) (w.e.f. 30-7-1982).
3. Ins. by s. 6, ibid. (w.e.f. 30-7-1982).
4. Subs. by s.7, ibid., for section 6 (w.e.f. 30-7-1982).
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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 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 be questioned on the ground merely of the
existence of any vacancy in, or defect in the constitution of, the Board and in particular, and without
prejudice to the generality of the foregoing, during the period interveni ng between the expiry of the
term for which the Board has been reconstituted under section 5A and its further reconstitution under
that section, the ex officio members of the Board shall discharge all the powers and functions of the
Board.]
7. Secretary an d other employees of the Board. ―(1) The Central Government shall appoint
1*** the Secretary of the Board.
(2) Subject to such rules as may be made by the Central Govern ment 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 the Central
Government.
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 authority or by any other person.
9. Functions of the Board.―The functions of the Board shall be―
(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 Cen tral 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 th ink fit for 2[amelioration 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 th e 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, and animals are killed, wherever necessary, in as humane a
manner as possible;
1. The words “one of its officers to be” omitted by Act 26 of 1982, s. 8 (w.e.f. 30-7-1982).
2. Subs. by s. 9, ibid., for “ameliorating the condition of beasts of burden” (w.e.f. 30-7-1982).
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(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 instantaneou sly or after
being rendered insensible to pain or suffering;
(g) to encourage, by the grant of fin ancial assistance or otherwise 1[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 fo r 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 infli ction of unnecessary pain or su ffering to animals and
for the promotion of animal welfare by means of lectures, books, posters, cinematog raphic
exhibitions and the like;
(l) to advise the Government on any matter connected with animal welfare or the prevention
of infliction of unnecessary pain or suffering on animals.
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.
CHAPTER III
CRUELTY TO ANIMALS GENERALLY
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 animal
to be so treated; or
(b) 2[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;
(c) wilfully and u nreasonably administers any injurious drug or injurious substance to 3[any
animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be
taken by 3[any animal]; or
1. Subs. by Act 26 of 1982, s. 9, for “the formation of pinjrapoles, sanctuaries and the like” (w.e.f. 30-7-1982).
2. Subs. by s.10, ibid., for certain words (w.e.f. 30-7-1982).
3. Subs. by s. 10, ibid., for “any domestic or captive animal” (w.e.f. 30-7-1982).
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(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 oppor tunity 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 an y dog
habitually chained up or kept in close confinement; or
(h) being the owner of 1[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
2[(l) multilates 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]
3[(m) solely with a view to providing entertainment—
(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 of prey for any other animal; or
(ii) incites any animal to fight or bait any other animal; or]
(n) 4*** 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, 5[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 rup ees or with imprisonment for a term which may exten d to
three months, or with both].
1. Subs. by Act 26 of 1982, s. 10, for “any captive animal” (w.e.f. 30-7-1982).
2. Subs. by s. 10, ibid., for clause (l) (w.e.f. 30-7-1982).
3. Subs. by s. 10, ibid., for clause (m) (w.e.f. 30-7-1982).
4. The words “for the purposes of his business” omitted by s.10, ibid. (w.e.f. 30-7-1982).
5. Subs. by s. 10, ibid., for certain words (w.e.f. 30-7-1982).
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(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 st ray dogs in lethal chambers or 1[by such othe r 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.
STATE AMENDMENTS
Karnataka
Amendment of section 11. ―In section 11 of the principal Act, in sub -section (3), after clause
(e), the following shall be inserted, namely:―
“(f) the conduct of “Kambala” with a view to follow and promote tradition and culture and ensure
preservation of native breed of buffalos as also their safety, security and wellbeing.
(g) the conduct of “Bulls race or Bullock cart race” with a view to follow and promote tradition
and culture and ensure preservation of native breed of cattle as also their safety, security and
wellbeing.”
[Vide Karnataka Act 2 of 2018, s. 4].
Maharashtra
Amendment of section 11 of 59 of 1960 .―In section 11 of the principal Act, in sub-section (3),
after clause (c), the following clause shall be inserted, namely:―
“(c-1) the conduct of bullock cart race in accordance with the provisions of sub -section (2) of
section 3 or participation therein w ith a view to follow and promote tradition and culture and ensure
preservation of native breeds of bulls as also their purity, safety, security and well being; or”.
[Vide Maharashtra Act 45 of 2017, s. 4].
12. Penalty for practising phooka or doom dev.―If any person performs upon any cow or other
milch animal the operation called phooka or 2[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
1. Subs. by Act 26 of 1982, s. 10, for “by other methods with a minimum of suffering” (w.e.f. 30-7-1982).
2. Subs. by s. 11, ibid., for “doom dev” (w.e.f. 30-7-1982).
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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 op eration was performed
shall be forfeited to the Government.
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 cru el
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 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 ord er 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 bee n 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 behalf who finds any animal so diseased or so severely 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, forthwith summon the veterinary officer
in charge of the area in which the animal is found, and if the veterinary office 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 ali ve, the police officer or the person authorised, as the case may be may, after obtaining orders
from a magistrate, destroy the animal injur ed or cause it to be destroyed 1[in such manner as may be
prescribed].
(4) No appeal shall lie from any order of a magistrate for the destruction of an animal.
CHAPTER IV
EXPERIMENTATION ON ANIMALS
14. Experiments on animals .―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.
15. Committee for control and supervision of experiments on animals .―(1) If at any time, on
the advice of the Board, the Centra l Government is of opinion that it is necessary so to do for the
purpose of controlling and supervising experiments on animals, it may, by 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 members of the Committee to be its
Chairman.
1. Ins. by Act 26 of 1982, s.12 (w.e.f. 30-7-1982).
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(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.
1[15A. Sub -committees.―(1) The Committee may constitu te 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.]
16. Staff of the Committee .―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.
17. Duties of the Committee and power of the Committee to make rules relating to
experiments on animals.―(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 that 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.
2[(1A) In particular, and without prejudice to the generality of 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 for warded to the Committee by persons
and institutions carrying on experiments on animals.]
(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
therefor 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 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 c ourse 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 w herever 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;
1. Ins. by Act 26 of 1982, s. 13 (w.e.f. 30-7-1982).
2. Ins. by s. 14, ibid. (w.e.f. 30-7-1982).
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(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 experim ents 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 authorised to give such directions.
(4) All rules made by the Committee shall be binding on all individuals perfor ming experiments
outside institutions and on persons in charge of institutions in which experiments are performed.
18. Power of entry and inspection .―For the purpose of ensuring that the rules made by it are
being complied 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 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.
19. Power to prohibit experiments on animals .―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, th at
the rules made by it under section 17 are not being complied with by any 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, prohib it the person or institution from carrying on
any such experiments either 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 think
fit to impose.
20. Penalties.―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 rupe es, 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.
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CHAPTER V
PERFORMING ANIMALS
21. “Exhibit” and “train” defined.―In this Chapter, “exhibit” means exhibit at any
entertainment to which the public are admitted throu gh sale of tickets and “train” means train for the
purpose of any such ex hibition, 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 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.
STATE AMENDMENTS
Karnataka
Amendment of section 22.―In section 22 of the principal Act, at the end, the following proviso
shall be inserted, namely:―
“Provided that nothing contained in this section shall apply to conduct of “Kambala” or “Bulls
race or Bullock cart race” as the case may be.”
[Vide Karnataka Act 2 of 2018, s. 5].
Maharashtra
Amendment of section 22 of 59 of 1960 .―In section 22 of the principal Act, the following
proviso shall be added, namely:―
“Provided that, nothing contained in this section shall apply to the conduct of bullock cart race in
accordance with the provisions of sub-section (2) of section 3.”.
[Vide Maharashtra Act 45 of 2017, s. 5].
23. Procedure for registration .―(1) Every person desirous of exhibiting or training any
performing animal shall, on making an application in the prescribed form to the prescribed autho rity
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 shal l 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 ma y be prescribed, and the parti culars 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 registra tion in the prescribed form containing the particulars entered in the
register.
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(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, a nd where any such particulars are so
varied, the existing certificate shall be cancelled and a new certificate issued.
24. Power of court to prohibit or restrict exhibition and training of performing
animals.―(1) Where it is proved 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 training or exhibition of any performing animal 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 that person, and that person shall produce his certificate on being so required by
the court for the purposes of en dorsement, and the prescribed authority to which a copy of an order is
sent under this section shall enter the particulars of the order in that register.
25. Power to enter premises .―(1) Any person authorised 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 at all reasonable times and inspect any premises in which any performing animals
are bei ng 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.
26. Offences.―If any person―
(a) not being registered under this Chapter, exhibits or trains any performing animal; or
(b) being registered under this Act, exhibits or trains any performing animal with respect to
which, or in a manner with respect to which, Excerpt shown. Open the full act in Lexace.