The Prevention-of-Cruelty-to-Animals-Act-1960

 1 
 
GOVERNMENT OF MADHYA PRADESH 
PASHU PALAN VIBHAG 
 
 
 
 
 
 
 
 
 
 
The Prevention of Cruelty to Animals Act - 1960 
 (959 of 1960, 31-10-1971) 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
DIRECTORATE OF VETERINARY SERVICES, MADHYA RADESH 
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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 
(ACT LIX OF 1960) 
 
(The text of the Act printed here is as on 31-10-1971) 
 
CHAPTER I 
 
PRELIMINARY 
 
1. Short title, extent and commencement:- This Act may be called THE 
PREVENTION OF CRUELTY TO ANIMAL 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 Hate as the Central Government may, 
by notification in the Official Gazette, appoint, and different dates may be 
appointed for different States and for the different provisions contained in 
this Act. 
(*) The Act has been extended to the Union territories of (1) Dadra and 
Nagar Haveli by Regn. 6 of 1963 (1-7-1965); (ii) Pondichery by Regn. VII 
of 1963 (1-10-1963; and (iii) Goa Damen and Diu by Regn. XO of 1963 (1-
7-1964). 
(+) Ist April, 1961 is the date appointed in which the Act came into force 
in the State of Punjab (now divided into States of Punjab and Haryana and 
Union territory of Chandigarh) and the Union territory of the Andamen and 
Nicobar Island-See S.O. 823 DATED 1-4-1961 ( Himachal Pradesh is now a 
State under Act 53 of 1970) See Gazette of India 1961, Pt. II Sect. 3 (ii), 
Page 2397. 
Chapter I and II came into force in the States of Assam, Andhra 
Pradesh, Bihar, Gujrat, Kerala, Madras (now Tamil Nadu), Maharashtra, 
Madhya Pradesh, Mysore Orissa, Uttar Pradesh and West Bengal and the 
Union Territories of Delhi,  Manipur and Tripura (all are State now under 
Acts 53  of 1970 and 81 of 1971) on 1-9-1961-See S.O. 2061, Dated 25-8-
1961, Gazette of India, 2-9-1961, Pt. II. Sect 3 (ii), Pt. 2154. said two 
Chapter, i.e. and II, came into force in Rajasthan on 26-1-1962 - See S.O. 
21, dated 28-12-1961, Gaz. of Ind, dated 6-1-1962, Pt. ii, See 3 (ii) Page II. 
Chapter IV came into force in the States of Assam, Andhra Pradesh, Bihar, 
Gujrat, Kerala, Madhya Pradesh, Madras (now Tamil Nadu, Maharashtra, 
Mysore, Orrissa, Rajasthan, Uttar Pradesh and West Bengal and the Union 
Territories of Delhi, Himachal Pradesh, Manipur and Tripura on 15-7-1963. 
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(Himachal Pradesh, Manipur and Tripura on 15-7-1963. (Himachal Pradesh, 
Manipur and Tripura are full-fledged States now-see Acts 53 of 1970 and 81 
of 1971)-S.O. 5000 dated 11-7-1963, Gazette of India, 21-7-1963, Pt. II, See 
3 (ii), Page 2242. 
Chapter III and VI came into force in the States of Assam, Andhra Pradesh, 
Bihar, Gujrat, Kerala, Madhya Pradesh, Madras (now Tamil Nadu), 
Maharashtra,Mysore, Orissa, Rajasthan and U.P. and in the Union 
Territories of Delhi, Himachal Pradesh, Manipur and Tripura on 21- 11-
1963-See S.O. 3160, dated 29-101963, Gazette of India, 9-11-1963, Pt. II 
See.S(ii). P. 3980. (Himachal Pradesh, Manipur and Tripura and full fledged 
States now-see Acts 53 of 1970 and 81 of 1971.) 
2. Definition - In this Act, unless the context otherwise requires, 
(2) "animal" means any living creature other than a human being (Cf. 
Penal Clde, Section 47) 
Note- The definition of animal in the present Act in wider than the one in 
 2890 Act, where in it is defined as any domestic or captured animal. 
(b) "Board " means the Animal Welfare Board establishment under 
 section 4; 
(c) "captive" animal" means any animal (act being a domestic animal 
 which is in captivity 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 
 definement or which is pointed or which is or appears to be named; 
(d) "Domestic" animal"  means any animal which is tamed or which had 
 been or is being sufficiently tamed to serve some purpose for the use 
 of man or which along with 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 
 others authority for the time being invested by law with the contr ol 
 and administration of any matters within a specified local area.  
(f) "Owner" used with reference to an animal, includes not only the 
 owner but also any other person for the time being in possession or 
 custody of the animal, whether with or without consent of the owner; 
(g) Phooka" or "doom - dev" includes any process of introduction air or 
 any substance into the female organ or a milch animal with the object 
 of drawing off farm the animal any section of milk. 
(h) "Prescribed" means prescribed by rules made under this Act. 
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(i) "Street" includes any way, road lane, square, court, alley passage or 
 open space, whether a through fare 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 change 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 
ANIMAL WELFARE BOARD 
 
1. Establishment of animal welfare Board:- (1) For the promotion of 
animal welfare generally and for the purpose of  protecting animals from 
being subjected to unnecessary pain of 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 Animal Welfare Board. 
2. The Board shall be a body corporate having perpetual successor and a 
common seal with power, subject to the provisions of this Act, of acquire 
hold and dispose of property and may be its name sue and be used. 
3. Chapter II came into force in the Union territory of Himachal Pradesh 
on 2nd October 1961 - See Gazette of India 1961, Pt. II Sec.3 (ii), Page 
2397. H.P. is a State (See Act 53 of 1970 See also foot note (*) under section 
I for extension of this Chapter. 
Note:- There is no provision in 1890 Act for the constitution if Animals 
 Welfare Board, for the promotion of animal Welfare generally. 
Constitution of the Board (1) The Board shall consist of the following 
persons, namely:- 
 (a) the Inspector-General of Forests, Government of India, ex- 
  officer. 
 (b) the animal Husbandry Commissioner to the Government of  
  India  ex-officer; 
 (c) one person to represent sent such association of veterinary  
  practitioners as in the opinion of the Central Government ought  
  to be represented on the Board, to be elected by the 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. 
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 (e) one person to represent each of the Municipal Corporations of  
  Bombay, Calcutta, Delhi and Madras and one person to   
  represent any other Municipal Corporation as, in the opinion of  
  the Central Government ought to be represented on the Board  
  to be chosen by each of the said organizations in the prescribed  
  manner. 
 (f) one person to represent each of such time organizations activity 
  interested in animals welfare as in the opinion of the Central  
  Government ought to be represented on the Board, to be chosen 
   be each of the said corporations in the prescribed manner; 
 (g) three persons to be nominated by the Central Government. 
 (h) six members of parliament four to be elected by House. 
 (i) six members of parliament, four to be elected by the House of  
  the people (Lok Sabha) and two  by the council of  State (Rajya 
           Sabha). 
2. Any of the person referred to in clause (a) or clause (b) of sub-section 
(1) may depute any other person to attend any of the meetings of the Board. 
(3) One of the Members of the Board shall be nominated by the Central 
Government to be its Chairman. 
(4) The term of office of a member elected or chosen under clause (c), 
clause (e), clause (f), clause (g), or clause (1) of section 5 to represent any 
body of persons shall come to an end as soon as he cases to be a member of 
the body which elected him or in respect of which he was chosen. 
(5) The term  of office of a member nominated, elected or chosen to full a 
casual vacancy, shall continue for the remainder of the term of office of the 
member in whose place he is nominated, elected or chosen. 
(6) The members of the Board shall receive such allowances, if any as the 
Board may, subject to the previous approval of the term of office of the 
member in whose place he is nominated, elected or chosen. 
(7) The members of the Board shall received such allowances, if any, as 
the Board may subject to the previous approval of the Central Government, 
provided by regulations made by it in this behalf. 
(8) No act done on 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. 
(*) Many such Corporations have been set up in different states now, e.g. 
Poona, Nagpur, Sholapur in Maharashtra State, Ahemedabad, Surat, Baroda 
and Bhavnagar in Gujarat State, Kanpur, Allahabad, etc., in U.P. Delhi is 
also a Corporation now: Banglore, Hubli-Dharwar in Mysore States Indore, 
Gwalior and Jabalpur in Madhya Pradesh State, etc. 
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7. Secretary and to her employees of the Board:-(1) The Central 
Government shall appoint one of its officers to be 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 officer 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 function 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 undertaking 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 of 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 lesson the burden on 
 draught animals; 
(d) to take all such steps as the Board may think fit for ameliorating the 
 condition of beasts of burden by encouraging or providing for, the 
 construction of sheds, water-troughs and the like and by providing for 
 Veterinary assistance to animals: 
(e) to advice the Government or any local authority or other person in the 
 design of slaughter-house 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 
preslaughter stages as far as possible, and animals are killed, wherever 
necessary,  in as human 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, wither instantaneously or after being rendered 
 insensible to pain or suffering; 
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(g)  to encourage, by the grant of financial assistance or otherwise the 
 formation of pinjrapoles, sanctuaries and the like where animals and 
 birds may find a shelter when they have become old and useless or 
 when need protection;   
(h) to co-operate with, and co-ordination 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 organizations 
 functioning in any local area or to encourage the formation of animal 
 welfare organizations in any local area which shall works 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 animals hospitals whenever the 
 Board thinks it necessary, to do so; 
(k) to impart education in election to the human 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 
 animals welfare by means of lectures, books, posters, cinema to 
 graphic exhibitions and the likes. 
(l) to advice 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 
 
II.Treating animals cruelly :- (1) If any person 
 
(a) Beats, kicks, over, ever-drives, overloads, tortures of otherwise treats 
 any animals so as to subject it to unnecessary pain or suffering or 
 causes or; being the owner permits, any animal to be so treated ; or  
(b) employs in any work or labour any animal which, by reason of any 
 disease, infirmity, wound, sore or other cause, is unfit to be employed 
 or being the owner, permits any such unfit animal to be employed ; or 
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(c) Willfully and unreasonably administers any injurious drug or injurious 
 substance to any domestic or capacitive animal or willfully and 
 unreasonable causes or attempts to cause any such drug or substance 
 to be taken by any domestic or captive 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 receptacles 
(f) 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 
(g) being the owner, neglects to exercise or cause to be exercised 
 reasonably any dig habitually chained up or kept in close confinement 
 or  
(h) being the owner of any captive animal, fails to provide such animal 
 with sufficient food, drink or shelter; or  
(i) without reasonable cause, abandons why animal in circumstances 
 which render it likely that it will suffer pain by reason of starvation 
 or thirst; or 
(j) willfully permits any animal of which he is the owner, to go at large in 
 any street while the animal is affected with contagious or infections 
 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 
 animals which is suffering pain by reason of mutilation, starvation, 
 thirst, overcrowding or other ill treatment; or 
(l) needlessly mutilates any animals or kills any animal in an 
 unnecessarily cruel manner; or     
(m) confine or causes to be confined any animal in such a manner as to 
 make it an object of prey for any other animal solely with a view to 
 providing entertainment for other persons; or  
(o) For the purpose of his business, organize, keeps uses or acts in the 
 management of any place for animal fighting or for the purpose of 
 biting any animal or permits or offers any place to be so used or 
 received money for the admission of any other reason to any place 
 kept or used for any such purposes; or  
(p) promotes or take part in any shooting match or competition wherein 
 animals are released from captivity for the purpose of such shooting; 
(q) he shall be punishable, in the case of a first offence, with the which 
 may extend to fifty rupees, and in the case of second or subsequent 
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 offence committed within three years of the previous offence, with 
fine  which may extend to one hundred rupees, or with imprisonment for a 
 term which may extend to three months, or with both, 
(r) For the purpose of sub-section (1) on owner shall be deemed to 
 committed an offence if he has failed to exercise reasonable care and 
 supervision with a view to the prevention of such offence. 
(s) Provided that where an owner is convicted of permission 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. 
 Nothing in this section shall apply to- 
(a) the dehorning of cattle, or the construction or branding or nose roping 
 of any animal, in the prescribed manner; or 
(b) the destruction of stray dogs in lethal chambers or by other methods 
 with a minimum of suffering ; 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 of any animal as food for mankind unless such destruction 
 or preparation was accompanied by the infliction of unnecessary pain 
 or suffering.  
2. Penalty for practicing phooka or doom dev.- If any person 
reforms upon any cow or other milch animal the preposition called 
phooka or  doom dev. or permits operation being performed upon 
any such animal in his possession or under his control he shall be 
punished with fine  which may extend to one thousand rupees, or with 
imprisonment for a term which may extend to two years, or with both 
and the animal on which the operation was performed shall be 
forfeited to the Government. 
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 animal to any suitable 
person for the purpose, and the person to whom such animal is so assigned 
shall, as soon as possible, destroy such animal at 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. 
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(1) Provided that, unless the owner assents thereto, no order shall be 
 made under this section exert 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 often 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 
 authorized by the State Government in this behalf who finds animal so 
 ceased or so severely injured or in such condition that in his opinion 
 it cannot be severely injured or in such a physical condition it can. 
(4) Any police officer above the rank of constable or any person 
authorized by the State Government us this behalf who finds any 
animal so disease 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, forthwith 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 partly 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 authorized, as the case may be,  may after obtaining order 
from Magistrate destroy the animal injured or died it to be destroyed. 
No appeal shall lie from any order of a megistrate for the destruction 
of an animal. 
 
CHAPTER IV 
EXPERIMENTATION ON ANIMALS 
 
14. Experimentation on animals:- Nothing contained in his Act shall 
render unlawful the performance of experiments (inclusia experiments 
including operation) on animals for the purpose of advancement by new 
discovery of physiological knowledge or of knowledge which will be useful 
for saving or prolonging life or alleviating suffering or for combating any 
disease, whether of human being, animals or plants. 
15. Committee for control and supervision of experiments on animal.- If 
at any time, on the advise of the Board the Central Government is of opinion 
that it is necessary so to do for the purpose of controlling and supervising 
experiments on animals or may be notification in the Official Gazette, 
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constitute a committee consisting of such number of official and non-
official, as it may think fit to appoint thereto. 
2. The Central Government shall nominate on of the members of the 
Committee to be its Chairman. 
3. The Committee shall have power to regulate its own procedure in 
relation to the performance of its duties. 
4. The funds of the Committee shall consist of grants made to it from 
time to time by the Government and of contributions donations, 
subscriptions, bequests, gifts and the like made to it by any person. 
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, any may determine 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 relating to the conduct of 
such experiments. 
(2) In particular and without prejudice to the generally of the foregoing 
power, rules made by the committee shall be desired to secure the following 
objects, namely :- 
(a) that in cases where experiments are performed in my institutions, the 
responsibility therefore is placed on 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 operation are performed under the 
influence of some anesthetic of sufficient power to prevent the animals 
feeling pain; 
(c) that animals which, in the course of experiments under the influence 
of anesthetics, are so injured that their recovery would involve serious 
suffering, are ordinarily destroyed while still insensible; 
(d) that experiments on animals are avoided wherever it is possible to do 
so, as for example, in medical schools, hospitals, colleges and the like, if 
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other teaching devices such as books, models, films and the like may equally 
suffice; 
(e)  that experiments on large 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; 
(g) that, as for as possible, experiments are not performed merely for the 
purpose of acquiring manual skill; that as far as possible, experiments are 
property looked after both before and after experiments; 
(h) that suitable records are maintained with respect to experiments are 
performed on animals.  
(3) In making any under the section, the Committee shall be guided by 
such directions as the Central Government (consistently with the objects for 
which the committee is set up) may give to it, and the Central Government is 
hereby authorized to give such directions. 
(4) All rules made by the Committee shall be binding on all individuals 
performing experiments outside institutions and operations in charges of 
institutions in which experiments are performed. 
(*) For Committee for Controlling and Supervising Experiments on 
Animals (Administration) Rules, 1965, see Gazette of India 23- 12-1965, 
Pt.II, Sec. 3 (ii), P. 131; and for Experiments on Animals (Control and 
Supervision) Rules, 1968, Pt. II Sect.3(ii), P.4302. 
(18) Power of entry and inspection - For the purpose of ensuring that the 
rules made by it at being complied with, the Committee may authorize any 
of its officers or any other person in writing to inspect any institution or 
place where experiments are being carried on and report to it as a result of 
such inspection, and any officer or person so authorized may - 
(a) enter at any time considered reasonable by his 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 office or other persona made, to it as a result of 
any inspection under section 18 or otherwise, that the rules made by it under 
section 17 are not being 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 hears in the matter, by order prohibit the 
person or institution from carrying on any such experiments either for a 
specified period or indefinitely, or may allow the person of institution to 
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carry on such experiments subject to such special conditions as the 
Committee may think fit to impose. 
20. Penalties :- If any person - 
(a) contravener any order made by the Committee under section 19; or 
(b) commits a breach of any condition imposed by the Committee under 
 that section. 
(c) he shall be punished with fine which may extend to two hundred 
rupees and when the contravention or he each of condition has taken 
place in any institution, the person is charge of the institution shall be 
deemed to be guilty of the offence and shall be punishable 
accordingly. 
(*) In the States of Maharashtra and Gujarat Police Officers are 
authorized to arrest  without a warrant any person committing an 
offence punishable under S. 3,3-A, 4,7,5,6 or 6-C of the Act - See 
Bombay Police Act, 1951 (Bom.Act XXII of 1951), Section. 
 
CHAPTER - V 
PERFORMING ANIMALS 
 
21. "Exhibit" and train defined- In this chapter, "exhibit" means exhibit at 
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 
meantime's. 
Note:-In the Act of 1890 there is no provision relating to performing 
animals. 
22. Restriction on exhibition and training of performing animals.- No 
person shall exhibit or train - 
(i) any performance animals unless he is registered in accordance with 
 the provisions if this Chapter, 
(ii) as a performing animal, any animal which the Central Government 
may, by notification in the Official Gazette, specify as an animal 
which shall not be exhibited or trained as a performing animal. 
Procedure 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 authority and 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. 
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(2) An application for registration under this Chapter shall contain such 
particulars as to the animals and as to the general nature if the performance 
in which the animals are to be exhibited or for which they are to be trained 
as may be prescribed, and the particulars so given shall be entered in the 
register maintained by the prescribed authority. 
(3) The prescribed authority shall give to every person whose name appears 
on the register kept by them, a certificate of registration in the prescribed 
from 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 and any person shall, on 
payment of the prescribed fee, be entitles to obtain copies there of or make 
extracts there form. 
(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 any application for the purpose, to have the particulars entered in the 
register with respect to him varied and where any such particulars entered in 
the register with respect to him varied, and where any such particulars and 
so varied, the existing certificate shall 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 on an officer authorized 
in writing by the prescribed authority referred to in section 23, that the 
training or exhibitions of any performing animal had been accompany by 
unnecessary pain of suffering and should be prohibited or all only subject  to 
conditions, the Court may make an order against the person shall produce his 
certificate on being authority to which a copy of an order is not under this 
section shall enter the particulars of the order if that register.* 
(*) For performing Animals Rules, 1969, see Fort St. George Gazette,  
21-1-1970 Pt. V.p. 79. This is a republication of Government of India 
notification in this behalf.  The said rules have been enforced in Tamil Nadu 
on 10601970. 
25. Power to enter promises.- (1) Any person authorized in writing by the 
prescribed authority referred to in section 23 and any police 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 being trained or exhibited or kept for training 
 or exhibitions and any such animals found therein; and  
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(b) require any person who he has reason to believe is a trainer or 
 exhibition of performing animals to produce his certificate of 
 registration.    
(2) No person or police officer referred to in sub-section (I) 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 respect to which, or in a manner with respect to which, he 
 is not registered, or 
(b) 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 
 (c) obstructs or willfully delays any person of police officer referred to in 
 section 25 in the exercise of powers under this Act as to entry an d 
 inspection; 
(d) conceals any animal with a view to avoiding such inspection; or 
(e) being a person registered under this 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 
(f) applies to be registered under this Act when not entitled to be so 
 registered; 
 he shall be punishable on conviction with fine which may extend to 
 five hundred rupees, or with imprisonment which may extend to 
 three months, or with both. 
27. Exemptions.- Nothing contained in this Chapter shall apply to- 
(a) the training of animals for born fide military or police purpose or 
the exhibition of any animals so trained ; or 
(b) any animals kept in any zoological garden or by any society or 
association which has for its principal object the exhibition of animals for 
educational or scientific purpose. 
 
CHAPTER VI 
MISCELLANEOUS 
 
28. Saving as respects manner of killing prescribed by religion.-  Nothing 
contained in this Act shall render it an offence to kill any animal in manner 
requires by the religion of any community. 
Note - The section preserves religious rights if any community to kill 
animals in a particular manner, this killing is an animal by a Mohammedan 
 16 
by a method of halal is not an offence under the Act, Orissa State has passed 
a Prevention Cow Slaughter Act 1960 (V of 1960) and hence in that State 
any killing in contravention of the said Act by any person would be illegal. 
 
State Acts in the subject are:- 
(1) Mysore prevention of Cow Slaughter and Cattle Prevention Act, 1964 
 (35 of 1964). 
(2) Punjab Prohibition if cow Slaughter Act, 1956 (15 of 1956). 
29. Power of Court to deprive person convicted or ownership of animal.- 
(1) If the owner of any animal is found guilty if any offence under this Act, 
the Court, upon his conviction thereof may, if this if fit, in addition to any 
other punishment make an order, that the animal with respect to which the 
offence was committed shall be forfeited to Government and may further, 
make such each order to the disposal of the animal as it thinks fit under the 
circumstances. 
(2) No order under sub-section (1) shall be made unless it is shows by 
evidence as to apprevious conviction under this Act or as to the character of 
the owner or otherwise as to the treatment of the animal that the animal, if 
left with the owner, is likely to be exposed to further cruelty. 
(3) Without prejudice to the provisions contained in sub-section (1), the 
Court may also order that a person convicted of an offence under this Act 
shall, either permanently or during as is fixed by the order be prohibited 
from fit, of a animal of any kind of species specified in the order. 
(4) No order under sub-section (3) shall be made unless- 
(a) It is shown by evidence to a previous conviction or as to the character of 
the said person  otherwise us to the treatment of the animal in the custody of 
the said person is likely to be exposed to cruelly. 
(b) It is stated in the complaint upon which the conviction was made that it is 
the intention of the complaint upon the conviction of the accused to request 
that an order be made as a foresaid and  
(c) the offence for which the conviction was made was committed in an area 
in which under the law for the time  being force a license is necessary for the 
keeping of any such animal as that is respect of which the conviction was 
made. 
(5.) Not with standing anything to the contrary contained in any law for the 
time being in force, any person in respect of whom as order is made under 
sub-section (3) shall have no right to the custody of any animal country to 
the provisions of the order, and if the contravenes the provisions of any 
order, he shall be punishable with fine which may extend to one hundred 
 17 
rupees, or with imprisonment for a term which may extend to three months 
or with both. 
(6.) Any Court which has made an order under sub-section (3) may at any 
time, with her in its own motion or on application made to it in this behalf, 
rescind or modify such order. 
30. Presumption as to guilt, in certain cases.- If any person is charged with 
the offence of killing a goat, cow or its progeny to the provisions of clause 
(1) of sub-section (1) of section 11, and its is proved that such person had in 
his possession, at the time the offence is alleged have been committee, the 
skin of any such animal as is referred to in this section with any part of the 
skin of the head attached thereto, it shall be presumed until the contrary is 
proved that such animal was killed in a cruel manner. 
Note- The burden is on the accused to prove that the animal was not killed in 
a cruel manner. 
31. Cognizablity  of  offence.- Not with standing anything contained in the 
Code of Criminal procedure, 1898, an offence punishable under clause (1) 
clause (n) or clause (o) of sub-section (1) of section II or under section 12 
shall be a cognizable  offence within the manner of that Code. 
(a) See also Section 73 of the Bombay Police Act, 1951 (22 of 195 which 
applies to both Maharashtra and Gujarat. 
32. Power of search and seizure.-  (1) If a police officer not below the rank 
of sub-Inspector or any person authorized by the State Government in this 
behalf has reason to believe that an offence under clause (1) of sub-section 
(1) of section II in respect of any such animal as is referred to in section 30 
is being or is about to be, or has been, committed in any place, or that any 
person has in his possession the skin of any such animal with any part of the 
skin of the head has reason to relieve any such skin to be, and may size such 
skin in which he has reason to believe  he may enter and search such place 
or any place in which he has reason to believe any such skin to be, and may 
seize such skin or any article or thing used or intended to be used in the 
Commission of such offence. 
(2) If a police officer nor below the rank of sub-Inspector or any person 
authorized by the State Government in this behalf has reason to believe that 
phooka or doom he has just been, or is being performed on any animal 
within the limits of his jurisdiction, seize the animal and produce it for 
examination by the veterinary officer in charge of the area in which the 
animal is seized. 
33. Search Warrants.- (1) If a Magistrate of the first or second class or a 
presidency Magistrate or a sub-Divisional Magistrate or a Commissioner or 
Police or District Superintendent of Police upon information in writing and 
 18 
after such inquiry as he thinks necessary, has reason to believe that an 
offence under this act is being, or is about to b, or had been committed in 
any place, he may either himself enter and search or by his warrant authorize 
any police officer  not below the rank of sub-Inspector to enter and search 
the place. 
(2) The provisions of the Code of Criminal Producer, 1898, relating to 
searched shall, so far as those provisions can be make applicable, apply to 
searches under this Act. 
(*) Magistrate in the city of Ahmedabad enjoy and exercise the powers of a 
Presidency Magistrate - See Gujarat. Act of 19 of 1961, Section 14(4- 11-
1961). 
34. General Power of seizure for examination.- Any police officer above the 
rank of a constable or any person authorized by the State Government in this 
behalf, who has reason to believe that an offence against this Act has been or 
has being , committed in respect of any animal, may if in his opinion the 
circumstances so require, seize the animal and produce the same for 
examination by the nearest Magistrate or by veterinary officer as may be 
prescribed, and such police officer or authorized person may, when seizing 
the animal, require the person in charge there of to accompany it to the 
examination. 
35. Treatment and care of animals.-(1) The State Government 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, animals in 
respect of which offence against this Act have been committed, any may 
authorized the detention therein of any animal pending its production before 
a Magistrate. 
(2) The Magistrate before whom a prosecution for an offence against this 
Act has been instituted may direct that the animal concerned shall be treated 
and cared for in an infirmary until it is fit to reform its usual work or is 
otherwise fit for discharge, or that it shall be sent to a pinjrapole, or if the 
veterinary officer in charge of the areas in which the animal is found or such 
other veterinary officer as may be authorized in this behalf by rules made 
under this Act certificates that it is incurable or cannot be removed without 
cruelly, that it shall be destroyed. 
(3) An animal seat for care and treatment to as infirmary shall not unless the 
Magistrate directs that it shall be sent to pinjrapole or that it shall be 
destroyed, be released from such place except upon a certificate of its 
fitness, for discharge issued by the veterinary officer in charge of the area in 
which the infirmary is situated or such other veterinary officer as may be 
authorized in this behalf by rules made under this Act. 
 19 
(4) The cost of transporting the animal to an infirmary or Pinjrapole, and of 
its maintenance and treatment in an infirmary shall be payable by the owner 
of the animal in accordance with a scale of notes to be prescribed by the 
District Magistrate, or in presidency towns by the Commissioner of Police. 
(5) Provided that when the Magistrate so orders on account of the poverty of 
the owner of the animal, no charge shall be payable for the treatment of the 
animal. 
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 refused or neglects to remove the animal within such time as 
a Magistrate may specify the Magistrate may direct that the animal be sold 
and that the proceeds of the sale be applied to the payment of such cost. 
(7) The surplus, it any, of the proceeds of such sale shall; an application 
made by the owner within two months from the date of the sale, be paid to 
him. 
36. Limitation of prosecutions.- A prosecution for an offence against this 
Act shall be not institute after the expiration of three months from the date of 
the commission of the offence. 
37. Delegation of powers.- The Central Government may, by notification in 
the official Gazette, Direct that all or any of the powers exercisable it by it 
under this got may, subjected to such conditions as it may think fit to 
impose, be also exercisable by any State Government. 
38. Power to make rules.- (1) The Central Government may, by notification 
in the Official Gazette, and subject to the condition of previous publication, 
make rules to carry out the purpose of this Act. 
(2) In particular, and without prejudice to the generally of the foregoing 
power, the Central Government may make rules providing for all or any of 
the following matters, namely:- 
(a) the terms and conditions of service of members of the Board, the 
allowances payable to them and the manner in which they may exercise their 
power and discharge their fimctopms; 
(b) the maximum load (including any load occasioned by the weight of 
animals;- 
(c) the period during which and the hours between which, any class of 
animals shall not be used for fraught purposes. 
(d) prohibiting the use of any it or harness involving cruelty to animals 
(e) requiring persons carrying on the business of a farrier to be licensed and 
registered by such authority as may be prescribed and levying a fee for the 
purpose; 
 20 
(f) the precautions to be taken in the capture of animals for purpose of sale, 
export or for any other purpose, and the different appliances or deceases that 
may alone be use for the purposes and the licensing of such capture and the 
levying of fees for such licenses; 
(g) the precautions to be taken in the transport of animals whether by rail, 
road inland waterway, sea or air and the manner in which and the cages or 
other receptacles in which they may be so transported; 
(h) requiring persons owning or in charge of premises in which animals are 
kept or milked to register such premises, to comply with such conditions as 
may be laid down in relation to the boundary wall or surroundings of such 
premises to permit their inspection for the purpose of ascertaining whether 
any offence under this Act is nei=on, or has been, committed therein and to 
expose in such premises copies of section 12 in a language or language 
commonly understand in to locality; 
(i) the form in which applications for registration under Chapter V may be 
made, the particulars to be obtain therein, the fees pa

Excerpt shown. Open the full act in Lexace.

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