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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
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.
1.Short title extent and commencement
.- (1) This Act may be called the prevention of Cruelty to Animals Act, 1960.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for the different provision contained in this Act.
.- In this Act, unless the context otherwise requires,-
(a) ``animal'' means any living creature other than a human being;
(b) ``Board'' means the Animal Welfare Board established under section 4;
(c) ``captive animal'' means any animal (not being a domestic animal) which is in captivity or confinement, whether permanent or temporary, or which is subjected to any appliance 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 his become in fact wholly or partly tamed;
(e) ``local authority'' means a municipal committee, district board or other authority for the time being invested by law with the control and administration of any matters within a specified local area;
(f) ``owner'', used with reference to an animal, includes not only the owner but also any other person for the time being in possession or custody of the animal, whether with or without the consent of the owner;
(g) ``phooka'' or ``doom dev'' includes any process of introducing air or any substance into the female organ of a milch animal with the object of drawing off from the animal any secretion of milk;
(h) ``prescribed'' means prescribed by rules made unless 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 of charge of any animal to take all reasonable measures to ensure the wellbeing of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.
4.Establishment of Animal Welfare Board
.- (1) For the promotion of animal welfare generally and for the purpose of protecting animals from being subject 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 Animal Welfare Board.
(2) The Board shall be a body corporate having perpetual succession 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 sued.
.- (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;
(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;
(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 elected by each of the said corporations in the prescribed manner;
(f) one person to represent each of such three organisations actively interested in animal welfare as in the opinion of the Central Government ought to be represented n the Board, to be chosen by each of the said organisations in the prescribed manner;
(g) one person to represented each of such three societies dealing with prevention of cruelty to animal 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).
(2) Any of the persons 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.
6.Term of office and conditions of services of members of the Board
.- (1) Save as otherwise provided in this section, the term of office a member of the Board shall be three years.
(2) Subject to the provisions contained in sub-section (4), the term of office of the member elected to represent any municipal corporation (other than the corporations of Bombay, Calcutta, Delhi and Madras) shall be one year from the date on which such member assumes office.
(3) The term of office of an ex officio member shall continue so long as he holds the office by virtue to which he is such a member.
(4) The term of office of member elected or chosen under clause (c), clause (e), (f) clause (g) or clause (I) of section 5 to represent any body of person 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.
(5) The term of office of a member nominated, elected or chosen to fill a casual vacancy shall continue for the remainder of the term of office of the member on whose place he is nominated, elected or chosen.
(6) The members of the Board shall receive such allowances it any, as the Board may subject to the previous approval of the Central Government, provide by regulations made by it in this behalf.
(7) 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.
7.Secretary and other employees of the Board
.- (1) The Central Government shall appoint one of is 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 officers and other employees by regulations made by it with the previous approval of the Central Government.
.- 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.
.- 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 Central Government on the making of rules under this Act with a view to preventing unnecessary pain or suffering to animal generally, and more particularly when they are being transported from one place to another or when they are used as performing animals or when they are kept in captivity or confinement;
(c) to advise the Government or any local authority or other person on improvements in the design of vehicles so as to lessen the burden on draught animals;
(d) to take all such steps as the Board may think fit for ameliorating the conditions 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 advise the Government or any local authority or other person in the design of slaughter-houses or in the maintenance of slaughter-houses or in connection with slaughter of animals so that unnecessary pain or suffering, whether physical or mental, is eliminated in the pre-slaughter stages as far as possible, 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 destroyed by local authorities whenever it is necessary to do so, either instantaneously or after being rendered insensible to pain or suffering;
(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 they need protection;
(h) to co-operative with, and co-ordinate the work of, associations or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds;
(i) to give financial and other assistance to animal welfare organisations functioning in any local area or to encourage the formation of animal welfare organisations in any local area which shall work under the general supervision and guidance of the Board.
(j) to advise the Government on matters relating to the medical care and attention which may be provided in animal hospitals and to give financial and other assistance to animal hospitals whenever the Board thinks it necessary to do so;
(k) to impart education in relation to the humane treatment of animals and to encourage the formation of public opinion against the infliction of unnecessary pain or suffering to animals and for the promotion of animal welfare by means of lectures, books, posters, cinematographic 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.
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