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REVISED GUIDELINES FOR BOARD’S RECOGNITION AND FINANCIAL ASSISTANCE TO ANIMAL WELFARE ORGANISATIONS AND SOCIETIES FOR THE PREVENTION OF CRUELTY TO ANIMALS |
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To
obtain recognition of Animal Welfare Board of India (AWBI):- 1.
The organization
should carry on Animal Welfare activities primarily. 2.
The Managing
Committee Meeting of the organization should pass a resolution seeking
recognition from the AWBI. 3.
The application
form for Recognition to be submitted in the specified proforma of the AWBI,
along with a covering letter. 4.
The following
documents should be enclosed along with the application. a)
The annual
reports of the organization from its inception or for the last three years. b)
Audited
statement of accounts for the above period. c)
A copy of the
registration certificate issued by the concerned authority under any Act, such
as – 1)
Societies
Registration Act 2)
Indian Trust Act
3)
Co-operative
Societies Act 4) Go Sewa Ayog Act d) Two copies of
the Registered Bye-laws or the Trust Deed or the Constitution or the Rules. e)
A copy of the
resolution, (as in point no.2) seeking grant of recognition by the Board. f)
Number of
animals and birds in the shelter or treated in the clinic or mobile service per
month to be mentioned and the same to be certified by Director/Deputy Director
of Animal Husbandry Department or Veterinary Doctor of the concerned area under
his seal or Member/Sub-Committee Member of AWBI. The
name and designation of the officer certifying this data should be clearly
written with date. 5.
The organization
should send a letter accepting and permitting the representative of the AWBI to
attend the Managing Committee Meetings. 6.
The application
will be placed before the Executive Committee of the Board at its meeting along
with the relevant documents and information and the inspection report of the
authorized representative of the AWBI/ Director/ Deputy Director of Animal
Husbandry Department of each District. 7.
A representative
of AWBI will visit the Organisation and place the recommendation before the
Executive committee of AWBI. 8.
The AWBI will
scrutinize the application for grant of recognition with reference to the
following: a)
Byelaws or the
Trust deed to ensure that the objective of the AWO is primarily Animal Welfare. b)
Audited Accounts
to ensure that the transactions are relating to Animal Welfare objectives and
the financial strength of the AWO is satisfactory. The annual reports/activities
should contain reports of the work done by the AWO relating to Animal Welfare
generally and also serve as proof that the AWO is existing. 9.
The AWBI, on the
basis of recommendation, will accord recognition and may indicate the name of
the representative who will attend the meetings of the organization. 10.
The recognition
granted by the Board will be conveyed to the AWO and a Code Number also will be
allotted. 11.
The organization
will send the notice of the meetings to the address of the representative of the
AWBI inviting him to attend the Managing Committee Meetings as and when held. 12.
The Minutes of
the Managing committee meetings have to be sent to AWBI.
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The
organization should ensure the following: -
PATTERN OF FINANCIAL ASSISTANCE The
following schemes are eligible under regular grant:-
The copy of the title deeds or the lease deed of the
land should be sent with the application. Detailed estimate for
repair/maintenance of rescue home should be obtained from a licensed civil
engineer.
The grant under the Scheme of Establishment can be
utilized for payment of salaries of the staff who are engaged in the field
work i.e. cost of engaging Veterinary Doctors, inspectors, Vety.
Assistants, Compounders, Ambulance drivers helpers in the animal shelter
etc.,. 1.
An AWO who applies for assistance, should have been recognized by
the Animal Welfare Board of India.
a)
The AWO does not hand over the animals to any third party. b)
The animal is alive. c)
The Court sends orders for handing over the animal(s) to any third
party from the AWO. -
Provided, that even if
all conditions are fulfilled, then for one cattle Rs.10/- would be given
for a maximum period of 2 years only and not thereafter. -
Provided, that total
amount which can be given to one organization for all the rescued cattle
or any other animal provided for the previous liability of committed
nature should be fulfilled by the Board for payment or old arrears for
which earlier ceiling of each year would be applied but those amount
should not be added in the present and would not be more than Rs.3.00
lakhs in one year. -
Provided, further it
would not create legal problem for the subsidy grant as it is the subsidy
at the discretion of the Board which can be discussed or rejected on any
vital ground by the Board based on the availability of fund earmarked for
this purpose or otherwise. d)
Each time, an AWO
makes a claim for maintenance of rescued cattle or any other animal, it
should send documentary proof of compliance of all the above conditions
which should be verified by the District Veterinary Officer or District
Magistrate or a Judicial court or their nominee or a member of the Board
or member of the Sub-committee of the Board or a Magistrate. e)
Provided, that this would not create any right for
maintenance grant. It would be dependent upon the budget position
of the Board and availability of funds. There would be no carry over of
the liability. Otherwise
the grant being for rescue of animals of the last year,
would be deemed to have lapsed.
f)
Provided, further every time the claim is made for each period, the
organisation will have to send a true copy attested by the District
Veterinary officer or District Magistrate showing day to day attendance of
those animals for which rescue claim is being made. A separate register
should be kept for recording this by the AWO. The Register would be
separate from the normal record of total attendance of all animals. This
claim further requires that in future, a return is sent in every month for
the attendance chart of rescued animals and then only they can make claim
after the financial year. These formalities should be made available and
verified on the spot in the AWOs record, if and when any inspection is
made. g)
The attendance register of the confiscated rescued animals would
further show the date of confiscation, date of the death, and date of
Court order or handing over to the peasants or any third party and unless
they are handed over to third party. They would not be allowed to taken
back without proper Court orders. These formalities need not be sent to
the Board but should be verified on spot in the AWOs record if and when
any inspection is made. h)
In cattle rescue operations, the grant for cattle or any other
animal rescued is to be maintained by the AWBI at Rs.10/- per day per
cattle for two years and thereafter the subsidy is discontinued for
those cattle. However, the AWO can claim for any newly rescued cattle or
any other animal on the basis of fresh/new FIR and new incidents. i)
Each time a claim is made, the AWO should get the rescued animals
inspected by the authority appointed by the Board. No animal especially
the rescued ones, should be given to any one, even to a farmer or
dairywala or so called owner, without prior permission of the Board. If,
they give, without permission it would be considered as serious
misconduct. Wherever a claim is made, a certificate from the District
Collector or of Sub-Divisional Magistrate or Director/Deputy Director of
Animal Husbandary Department or any other Gazetted Officer stating the
number of cattle/animal in their possession.
Maintenance grant admissible for rescued animals from Laboratories.
Horse
Rs.100/- per day
Cattle
Rs.50/- per day
Monkeys Rs.40/-
per day
Goats
Rs.50/- per day
Guinea, Pigs, Rats etc.
Rs.15/- per day
Cats
Rs.30/- per day
Dogs
Rs.30/- per day FINANCIAL
GRANT CAN BE GIVEN REGULARLY EVERY YEAR COMMENCING FROM THE TOKEN GRANT
FOR THE FIRST YEAR ONLY, PROVIDED THAT IT IS MADE CLEAR THAT NO GRANT OR
FINANCIAL AID WOULD BE GIVEN TO ANY AWO IN THE FOLLOWING CASES:- a)
Whose main object is making profit by commercial activities. b)
When the number of milking cattle is more than 5% of the total
number and that milk is sold for commercial purpose. c)
When the organization indulges in selling of cattle. However, the
exception is made for giving away the cattle to genuine farmers free or
for bullock carts or such use in case the number increases beyond the
capacity of the AWO and after ensuring that it would not go for slaughter
purpose ultimately by taking bond, surety etc. in which case it would not
be treated as sold. In case genuine disposal is done in the interest of
the cattle after taking all safeguards and it would be taken back as and
when it would be called by the AWO, then merely because the person to whom
it is given is a regular donor and giving donations to the AWO would not
make it a transaction of sale. No
animal is killed by the AWO for the purpose of selling its meat, hide or
bone and no one is encouraged to enter the AWO compound for using foul
methods for obtaining skin and bones by using unethical methods of killing
the animals like giving poison etc. However, genuine sale of the carcasses
after natural death would not be treated as objectionable. d)
When the sheep are kept only for commercial activities for selling
them or for selling their wool, genuine sale of wool is not prohibited
when there is excessive growth of wool. e)
The AWO should not become a commercial organization by constructing
shops and godowns for rent or otherwise but genuine activity of taking
rent of shops etc to a limited extent say 50% of the total expenditure in
order to augment revenue for maintenance would not be prohibited. f)
Grants would be made only to those AWOs who are doing genuine
animal welfare activities. No grants will be given to those who are
indulging in commercial or anti-animal welfare or contravening animal
welfare policy of the Board and camouflage it by service propaganda or
papers or slogans only.
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1.
The organization is to maintain separate accounts for the grants
received from the Board, provided that for grants less than Rs.1.00 lakhs,
separate accounts need not be maintained by the AWO but the receipt of
grant from the Board and expenditure should be reflected in their whole
account. 2.
Ensure that every payment is supported by a voucher duly stamped
wherever necessary in support of every payment. After the close of the
year, the accounts should be audited by a practicing Chartered Accountant
who will also issue the utilization certificate in respect of the grant.
The utilization certificate is a must for settlement of accounts. 3. The nominee of the Board can inspect the accounts and registers. The records should be produced as and when demanded by the Board’s representative.
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1.
Only AWBI recognised AWOs/SPCAs are eligible for financial
assistance. The grant should be utilized only in accordance with the terms
and conditions of the sanction letter communicated by the AWBI. Grants should not be utilized for schemes that are not approved by the AWBI. 2.
The Board will consider grants only if the AWO is working
satisfactorily. 3. The grant released in a particular financial year should be utilized by 31st of March each
year. The unspent
grant as on 31st March should be refunded. In case the grant
released in a financial year is not utilized before 31st
March, prior permission should be sought for carryover of the unspent grant
to be utilized during next financial year. If the unspent grant is available
with the AWO and if it is permitted to be carried over to the next financial
year, then the same will be adjusted against the grants released for the
next financial year. One year time will be allowed for utilization of the
grants.
Normally,
these releases will be adjusted against in the next year grants if, one year
time is not availed of. Provided that when the release is made late and one
year expires after the closing of the financial year before the permission
to utilize the funds released in the end of the year be deemed to be given
in the next year’s grant. 4.
Purchase of fodder for animals is not eligible for grant except in
cases of famine or rescue under Natural Calamity only.
5.
Maintenance of Rescue Home (viz., looking after animals) is eligible
for grant. 6.
The Board or the Executive Committee will have general power to grant
or refuse grants in spite of fulfilling the above general guidelines in
exceptional cases by giving reasons. The above guidelines are not rules nor
they are mandatory nor they are justifiable and no organization can claim
them as rights. 7.
All release of grants even after they are approved/sanctioned would
be subject to availability of funds and no one can claim it as legal right
even if communicated by the Board of the amount, which cannot be paid due to
paucity of funds. 8.
The Board is functioning, though independently under the statute but the funds are provided by the
Government of India through the Animal Welfare Division of the Ministry
Environment & forests. The Central Sector Schemes namely, ABC,
Construction of Animal Shelter, Ambulance are dealt by the Board from the
year 2004-05. So the terms and conditions laid for these schemes are also
similar to the regular grants except the specific terms and conditions
governing these grants, which are furnished in the AWBI website.(www.awbi.org)
The guidelines can be accessed upon furnishing relevant documents for the
specific schemes. 9.
The Board has the right to amend alter and introduce fresh guidelines
as and when required.
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VI BAN ON CERTAIN ANIMALS FOR PERFORMANCE TO
BE PUBLISHED IN PART II SECTION 3 SUB-SECTION (1) OF THE
GAZETTE OF INDIA
GOVERNMENT OF INDIA/BHARAT SARKAR
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT/SAMAJIK
NYAYA AUR ADHIKARITA MANTRALAYA
Notification
New Delhi,
Dated, October14,1998 Whereas The High Court of Delhi in C.W.P. No.890/91 by its order dated 21st August, 1997 directed that the Central Government may take up the notification dated 2/3/1991 for “ consideration afresh ” and “ take into consideration such material as may be available with it or me, choose to collect through any of the authentic agencies or such other agency or committee of experts as it may choose to appoint ”; WHEREAS in pursuance of the order of the Hon’ble High Court of Delhi, the Central Government constituted a Committee under the Chairmanship of Additional Inspector General of Forests (Wildlife) to have a fresh look at the notification G.S.R.No.252 dated 2/3/1991 in the light of the additional material available with any authenticated agencies or such other agency/persons. WHEREAS the said Committee submitted its report to the Central Government. WHEREAS the Central Government has taken into consideration the report of the said Committee; Now, therefore, in exercise of the powers conferred by section 22 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), and in supersession of the Notification of the Government of India in the erstwhile Ministry of Environment and Forests G.S.R.No.252 dated 2/3/1991 and G.S.R.No.485 dated 7/8/1991, except as respects things done or omitted to be done before such super session, the Central Government hereby specifies that the following animals shall not be exhibited or trained as a performing animals, with effect from the date of publication of this notification, namely:- 1. Bears 2. Monkeys 3. Tigers 4. Panthers 5. Lions
Sd/…………..
(Dr.
M.S. AHMED)
Joint Secretary to The Govt. of India
File No. 9-9/97-A.W.
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