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THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

(59 OF 1960)

As amended by Central Act 26 of 1982.

ARRANGEMENT OF SECTIONS

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

(59 OF 1960)

(26 December, 1960)

AN ACT

to prevent the infliction of unnecessary pain or suffering on animals and for that purposeto amend the law relating to the prevention of cruelty to animals.

Be it enacted by Parliament inthe Eleventh year of the Republic of India as follows: -

CHAPTER 1 - PRELIMINARY
Short title, extent and commencement	1.	(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 Provisions contained in this Act
Definitions	2.	In this Act, unless the context otherwise requires:-
		(a) "animal" means any living creature other than a human being
		* [(b)] "Board" means the Board established under Section 4, and as reconstituted from time to time under Section 5 A
		* See Annexure for notifications under section 1 (3) * Subs. by Act. 26 of 1982 which came into force on 30th July 1982.
		(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 of 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 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 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 under this Act;
		(i) "street" includes any way, road, lane, square, court, alley, passage or open space, whether a thorough fare or not to which the public have access
Duties of persons having Charge of animals	3.	It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering
CHAPTER II - * (ANIMAL WELFARE BOARD OF INDIA)
Establishment of Animal Welfare Board of India	4.	(1) For the promotion of animal welfare generally for the purpose of protecting animals from being subjected to unnecessary pain or suffering, in particular, there shall be established by the Central Government, as soon as may be after the commencement of this Act, a Board to be called the * * (Animal Welfare Board of India)
		* Subs. Act 26 of 1982; S.3, for the words "Animal Welfare Board". * * Sub-ibid, S.4 for the words "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, to acquire, hold and dispose of property and may by its name sue and be sued
Constitution of the Board	5.	(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;
		*(ba) two persons to represent respectively the Ministers of the Central Government dealing with Home Affairs and Education, to be appointed by the Central Government;
		* inserted by Act 26 of 1982; S. 5 (a) (i)
		(bb) one person to represent the Indian Board for Wildlife, to be appointed by the Central Government;
		(bc) three persons who, in the option 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;
		* *(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;
		* * Subs. - ibid S. 5 (a) (ii) for the original clause.
		(f) one person to represent each of such three organizations 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 organizations in the prescribed manner;
		(g) one person to represent 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)
		(2) Any of the persons referred to in clause 9 a or clause (b) or ***clause (ba) or clause (bb) of sub-section (1) may be depute any other person to attend any of the meetings of the Board.
		*** Subs. by Act 26 of 1982: S. 5 (b),for the word,brackets and letter "Clause(b)
Reconstitution of the Board	5A.	*[(3) The Central Government shall nominate one of the Members of the Board to be its Chairman and another member of the Board to be its Vice-Chairman] @ [(1) In order that the Chairman and other members of the Board hold office till the same date and that their terms of office come to an end on the same date, the Central Government may, by notification in the official gazette, reconstitute, as soon as may be after the Prevention of Cruelty to Animals (Amendment) Act, 1982 comes into force, the Board].
		* Subs. ibid, S. 5 (c) for the original clause. @ ins. ibid, S.6.
		(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 reconstitution is to take effect, are Members of the Board but such persons shall hold office only for the unexpired portion of the term for which they would have held office if such reconstitution had not been made and the vacancies arising as a result of their ceasing to be Members of the Board shall be filled up as casual vacancies for the remaining period of the term of the Board as so reconstituted; Provided that nothing in this sub-section shall apply in relation to any person who ceases to be member of 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
Terms of office and conditions of service of members of the Board	6.	**(1) The term for which the Board may be reconstituted under section 5 A 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 ** Subs., by Act 26 of 1982, S.7, for the original Section.
		2) Not withstanding anything contained in sub-section (1):-
		(a) the term of office of any 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 (g), clause (h), clause (i) of section 5 to represent anybody of persons shall come to an end as soon as he ceases to be a Member of the body which elected him or in respect of which he was chosen;
		(c) the term of office of a Member appointed, nominated, elected or chosen to fill a casual vacancy shall 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 proposed removal and any vacancy caused by such removal shall be treated as casual vacancy for the purpose of clause (c)
		3. The members of the Board shall receive such allowance, if any, as the Board may, subject to the previous approval of the Central Government, provided by regulations made in this behalf;
		4. No act done or 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 generally of the foregoing, during the period intervening between the expiry of the term for which the Board has been reconstituted under section 5 A and its further reconstitution under that section, the ex-officio members of the Board shall discharge all the powers and function of the Board
Secretary and other employees of the Board	7.	(1) The Central Government shall appoint *xxxxx 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 words "one of its officers to be" omiited by Act 26 of 1982,
Funds of the Board	8.	The funds of the Board shall consist of grants made to it from time to time by the Government and of contributions, subscriptions, bequests, gifts and the like made to it by any local authority or by any other person
Functions of the Board	9.	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 to 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 the 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 confinment.
		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 *(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.
		* Subs, by Act 26 of 1982, S.9 (a) for the word "ameliorating the condition of beast of burden.
		e.)To advise the Government or any local authority or other person in the design of slaughter houses or the maintenance of slaughter houses or in connection with slaughter of animals so that unnecessary pain or suffering, whether physicrd 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 or establishment of Pinjarapoles, rescue homes, animals 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.
		**Subs,ibid, S, 9 (b) for the words "the formation of pinrapoles, sanctuaries an the like"
		h.)To co-operate with, and co-ordinate the work of associations or bodies established for the purpose of preventing unnecessary pain or suffering to animals or for the protection of animals and birds.
		i.)To give financial assistance and other assistance to Animal Welfare Organisations functioping 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 attentionwhich may be provided in animal hospitals, and to give financial and other assistance to animal hospitals whenever the Board think it is necessary to do so.
		k.)To impart education inrelation to thehumanetreatment 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.
Power of the Board to make regulations	10.	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
Treating animals cruelly.	11.	(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) *(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 employed; or
		(c) willfully and unreasonably administers any injurious drug or injurious substance to **(any animal) or willfully and unreasonably causes or attempts to cause any such drug or substance to be taken by ***(any animal;) or
		* Subs. by Act 26 of 1982, S. 10 (a) (i) for the words "employ in any work or labour any animal whick, by reason of any disease";
		** Subs. ibid S.10 (a) (ii) for the words "any domestic or captive animal".
		*** Subs. ibid S. 10 (a) (ii) for the words "any captive animal".
		(d) conveys or carries whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or
		(e) keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or
		(f) keeps for an unreasonable 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 any dog habitually chained up or kept in close confinement; or
		(h) being the owner of (any animal) fails to provide such animal with sufficient food, drink or shelter; or
		(i) without reasonable cause, abandons any animal in circumstances which tender it likely that it will suffer pain by reason of starvation 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 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 reasons of mutilation, starvation, thirst, overcrowding or other ill-treatment; or
		*(l) mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner or;)
		**(m) solely with a view to providing entertainment;
		* Subs. by Act 26 of 1982. S. 10 (a) (iv) for the original clause.
		** Subs. ibid S. 10 (a) for the original clause.
		(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 or prey for any other animal; or
		(n) *** (XXXX) organizes, keeps uses or acts in the management or, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the 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 **** (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 rupees or with imprisonment for a term which may extend, to three months, or with both.)
		*** The words "for the purposes of his business" omitted by Act 26 of 1982,S. 10 (a) (iv)
		**** Subs. ibid S. 10 (a) (vii) for the portion beginning with the words "in the case of a first offence" and ending with words "or with both".
		2. For the purposes of 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 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 noseroping of any animal in the prescribed manner, or
		(b) the destruction of stray dogs in lethal chambers * (by such other methods as may be prescribed) or
		(c) the extermination or destruction of any animal under the authority of any law for the time being in force; or
		(d) any matter dealt with in Chapter IV; or
		(e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering.
		* Subs. by Act 26 of 1982, S. 10 (b), for the words "by the other methods with a minimum of suffering".
Penalty for practicing phooka or doom dev.	12.	If any persons upon any cow or other mich animal the operation called phooka or ** (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 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 operation was performed shall be forfeited to the Government
		** Subs. ibid S. 11, for the words,"doom dev"
Destructions of suffering animals	13.	(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 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 expenses incurred in destroying the animal may be ordered by 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 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 order 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 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 office above the rank of a constable or any person authorized by the State Government in this behalf who finds any animal so diseased or so severally 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, forth with summon the veterinary officer in charge of the area in which the animal is found, and if the veterinary officer certifies that the animal is mortally injured or so severally injured or in such a physical condition that it would be cruel to keep it alive, the police officer or the person authorizes, as the case may be, may, after obtaining orders from a magistrate, destroy the animal injured or cause it to be destroyed; * (in such manner as may be prescribed)
		* Ins. by Act 26 of 1982, S. 12
		4. No appeal shall lie from any order of a magistrate for the destruction of an animal
CHAPTER IV - EXPERIMENT OF ANIMALS
Experiments on animals	14.	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
Committee for the Purpose of Control and Supervision of Experiments on Animals	15.	(1) If at any time, on the advice 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, it may be 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 Member 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
Sub-Committee	15A.	*[(1) The Committee may constitute 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]
		* Ins. by Act 26 of 1982, S. 13.
Staff of the Committee	16.	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
Duties of the Committee and power of the Committee to make rules relating to experiments on animals	17.	(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 the 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
		**[(1A) In particular, and without prejudice to the generality to 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 forwarded to the Committee by persons and Institutions carrying on experiments on animals]
		** Ins. by Act 26 of 1982, S. 14.
		(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 therefore 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 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 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 other teaching devices such as books, models, films and the like, may equally suffice;
		(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 experiments 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 authorized to give such direction;
		(4) All rules made by the Committee shall be binding on all individuals performing experiments outside institutions and on persons in-charge of institutions in which experiments are performed
Power of entry a