Table of Contents

The Prevention of Cruelty to Animals Act (1960)

The Prevention of Cruelty to Animals Act (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.

Rules

S.O. 1995 (E) [27/07/2010]: Prevention of Cruelty to Animals (Slaughter House) Amendment Rules 2010.
S.O.714(E), [26/03/2010]: Animal Birth Control(Dogs) Rules, 2009.
S.O.1818(E), [23/10/2006]: Breeding of and Experiments on Animals (Control and Supervision) Amendment Rules, 2006.
S.O.1817(E), [19/10/2006]: Reconstitution of Committee for the Purpose of Control and Supervision of Experiments on Animals(CPCSEA).
S.O.42(E), [14/01/2006]: Breeding of and Experiments on Animals (Control and Supervision) Amendment Rules, 2005.
S.O.1256(E), [24/12/2001]: The Animal Birth Control (Dogs) Rules, 2001.
S.O.267(E), [26/3/2001]: The Performing Animals (Registration) Rules, 2001.
S.O.35(E), [8/1/2002]: The Performing Animals (Registration) Amendment Rules, 2001.
S.O.271(E), [26/3/2001]: The Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001.
S.O.270(E), [26/3/2001]: The Prevention of Cruelty to Animals (Slaughter House) Rules, 2001.
S.O.268(E), [26/3/2001]: The Prevention of Cruelty to Animals (Transport of Animals on Foot) Rules, 2001.
S.O.134(E), [15/2/2001]: The Breeding of and Experiments on animals (Control and Supervision) Amendment Rules, 2001.
S.O.1074, [15/12/1998]: The Breeding of and Experiments on Animals (Control and Supervision) Rules,1998.
S.O.732(E), [26/8/1998]: The Experiments on Animals (controls and Supervision) (Amendment) Rules,1998.
S.O.No.1056, [13/3/1979]: The Prevention of Cruelty (Capture of Animals) Rules,1972.
No.14-20/76-LD.I, [30/11/1978]: The Prevention of Cruelty to Animals (Registration of Cattle Premises) Rules,1978.
No. 18-6/70-LDI, [23/3/1978]: The Transport of Animals Rules,1978 .
S.O.269(E), [26/3/2001]: The Transport of Animals (Amendment) Rules, 2001.
No.14-21/76-LD.I, [15/2/1978]: The Prevention of Cruelty to Animals (Application of Fines) Rules,1978.
No.35-4/72-LD.I, [22/5/1973]: The Performing Animals Rules,1973.
No.9-18/62-LD, [23/3/1965] – The Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.
No.9-18/68-LD, [23/3/1965]: The Prevention of Cruelty to Draught and Pack Animals Rules, 1965, amended 1968.

Notifications

G.S.R.619(E), [14/10/1998]: The Prevention of Cruelty to Animals (Restricted to Exhibit on Trained as a Performing Animals).

Glanders and Farcy Act 1899 (13 of 1899)

An Act to consolidate and amend the law relating to Glanders and Farcy. Whereas it is expedient to consolidate and amend the law relating to Glanders and Farcy: It is hereby enacted as follows:

Short title extent and commencement:

This Act may be called the Glanders and Farcy Act 1899.
It extends to the whole of British India.

Definition of “diseased”:

In this act unless there is anything repugnant in the Farcy or any other dangerous epidemic disease among horses, which the Governor General in Council may by notification in the Gazette of India, specify in this behalf, either generally or in respect of any local area.
The provisions in this Act relating to horses shall apply also to Asses and mules.

Application of Act to local areas by local Government:

The local Government may, by notification in the local official Gazette apply this Act or any provision of this Act, so far as all or any of the diseases mentioned in or specified in a notification under section 2. sub section 1, are concerned to any local area to be specified in such notification within the Province.

Local Government to appoint the Inspects:

When this Act has been so applied to a local area, the local Government may by notification in the local official Gazette appoint such persons as it thinks fit to be Inspectors under this Act and to exercise and perform within the whole of the local area, of such portions there of as it may prescribe the powers conferred and the duties imposed by this Act on such officers.
X.L.V of 1860: Every person so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code.

Power of entry and search:

Within the local limits for which he is so appointed, any such Inspector as aforesaid may subject to such rules as the Local Government may make in this behalf enter and search any field building or other place for the purpose of ascertaining whether there is therein any horse which is diseased.

Power of seizure:

Within such limits as aforesaid, the Inspector may seize Power of any horse, which he has reason, to believe to be diseased.

Horse to by examined by Veterinary Practitioner:

On any such seizure as aforesaid, the Inspector shall cause the horse seized to be examined as soon as possible by such Veterinary Practitioner as the Local Government may appoint in this behalf.
Provided that, when the Inspector is also a Veterinary Practitioner so appointed, he may make the examination himself.
For the purposes of the examination, the Veterinary Practitioner may submit the horse to any test or tests which the Local Government may prescribe.

Horse to be destroyed if found diseased: otherwise restored

If the Veterinary Practitioner certifies in writing that the horse is diseased, the Inspector shall cause the same to be immediately destroyed.
Provided that, in the case of any disease other than Glanders or Farcy, horses certified to be diseased as aforesaid, may subject to any rules which the Local Government may make in this behalf, be either destroyed or otherwise treated or dealt with as the Veterinary Practitioner may deem necessary.
If, after completing the examination the Veterinary Practitioner does not certify that the horse is diseased, the Inspector shall at once deliver the same to the person entitled to the possession thereof.

When horse diseased, place where it has been to be disinfected etc:

When any diseased horse has been in any building, shed or other enclosed place, or in any open lines, the Inspector may issue a notice to the owner of the building, shed place or lines or to the person in charge thereof, directing him to have the same disinfected and the internal fittings thereof or such other things found therein or near thereto as the Local Government may by rule prescribe, destroyed.
On the failure or neglect of such owner or other person as aforesaid to comply with the notice within a reasonable time, the Inspector shall cause the billing, shed place or lines to be disinfected and the fittings or other things to be destroyed, and the expense (if any) thereby incurred may be recovered from the owner or other person as if it were a fine.

Owner or person in charge of diseased horse to give notice:

The owner or any person in charge of a diseased horse shall give immediate information of the horse being diseased to the Inspector or to such authority as the Local Government may appoint in this behalf.

Prohibition against removal without license, of horse which has been with diseased horse:

No person in charge of any horse which has been in the same filed, building or place as, or in contact with, a diseased horse, shall remove such horse except in good faith for the purpose of preventing infection, or under a license to be granted by the Inspector and subject to the conditions of the license.

Vexatious entries, searches and seizures:

Whoever, being an Inspector appointed under this Act, vexatious and unnecessarily enters or searches any filed building or other place, or seizes or detains any horse on the pretence that it is diseased, shall be punishable with imprisonment.
For a term which may extend to six months, or with fine which may extend to five rupees, or with both.
No prosecution under this section shall be instituted after the expiry of three months from the date on which the offence has been committed.

Penalty for refusing to comply with notice under section 9 or for removing horse contrary to section 11:

Whoever refuses or neglects to comply with any notice issued by the Inspector under section 9, or removes any horse in contravention of section 11, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.
The Local Government may make rules to carry out the purposes and objects of this Act.
In particular and without prejudice to the generality of the foregoing power such rules as aforesaid may:
- regulate entries, searches and seizures by Inspectors under this Act;
- regulate the use of tests and the isolation of horses subjected thereto, and provide for recovering the expense of detaining, isolating and testing horses from the owners or persons in charge thereof, as if it were a fine;
- regulate the destruction or treatment as the case may be of horses certified under section 8 to be diseased, and the disposal of the carcasses of diseased horse;
- regulate the disinfecting of buildings and places in which diseased horses have been, and prescribe what things found therein or near there to, shall be destroyed; and
- regulate the grant of licenses under section 11 and the conditions on which those licenses shall be granted.
All rules under this section shall be published in the local official Gazette and, on such publication, shall have effect as if enacted by this Act.
In making any rule under this section, the Local Government may direct that a breach of it shall be punishable with imprisonment for a term which may extent to one month or with fine which may extent to fifty rupees, or with both.

Appointment of same person to be both inspector and Veterinary Practitioner:

Any Veterinary Practitioner may be appointed by the Local Government to be both Inspector and Veterinary Practitioner for all or any of the purposes of this Act or of any rule there under.

Protection to persons acting under Act:

No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done under this Act.

Dourine Act 1910 (5 of 1910)

An Act to provide for the prevention of the spread of Dourine.

Short title and extent:

Whereas it is expedient to provide for the prevention of the spread of dourine;
This Act may be called the Dourine Act, 1910.

The definitions:

This section extends to the whole of British India: rest of this Act extends only to such areas as the Local Government may, by notification in the local official Gazette, direct.
In this Act, the expressions “inspector” and “veterinary particular” mean, respectively, the officers appointed as such under this Act, acting within the local limits for which they are so appointed.
The provision of this Act in so far as they relate to entire horses shall, if the Local Government, by notification as aforesaid, so directs, apply also to entire asses used for mule- breeding purposes.

Registration of horses

The Local Government may, by notification as aforesaid, make such orders as it thinks fit directing and regulating the registration of entire horses maintained for breeding purposes.
Appointment of Inspectors and Veterinary Practitioners.
The Local Government may, by notification as aforesaid, appointment any persons it thinks fit to be inspectors, and any qualified veterinary surgeons to be veterinary practitioners, under this Act, and to exercise and perform, within any area prescribed by the notification, the powers conferred and duties imposed by this Act upon such officers respectively.
ALVA of 1860.
Every person so appointed shall be deemed to be public servant within the meaning of the Indian Penal Code.

Powers of Inspectors:

An inspector may, subject to such rules as the Local Government may make in this behalf,-
Enter and search any building, field or other place for the purpose of ascertaining whether there is therein any horse which is affected with dourine; and
prohibit, by order in writing, the owner or keeper of any horse, which in his opinion is affected with dourine, from using such horse for breeding purposes, pending examination by the veterinary practitioner, (see Amendment Act,1920).

Duties of Inspectors:

An inspector issuing an order under section 5, shall forthwith forward a copy of such order to the veterinary practitioner.

Inspection of horses:

A veterinary practitioner receiving a copy of an order forwarded under section 6 shall, as soon as possible after receipt of such copy, examine the horse mentioned therein, and may for such purpose enter any building, field or other place.

Powers of Veterinary Practitioner:

A Veterinary Practitioner may cancel any order issued under section 5, clause, (b); or if on microscopical examination he finds that any horse is affected with dourine,
in the case of an entire horse, cause it to be castrated,
in the case of a mare, cause it to be branded in such manner as he may direct, or with the previous sanction of the Commissioner or such other officer as the Local Government may appoint in this behalf, cause it to be destroyed.

Compensation for horse destroyed, etc:

When any horse is castrated or destroyed under section 8, the market-value of such horse immediately before it became affected with dourine shall be ascertained; and the Local Government shall pay as compensation to the owner thereof-

in the case of a mare which has been destroyed, or of an entire horse which has died in consequence of castration, such market value, and,
in the case of an entire horse which survives castration, half the amount by which such value has been diminished owing to infection with dourine and castration.

Settlement of compensation:

A veterinary practitioner may award, as compensation to be paid under section 9 in respect of each horse castrated or destroyed under section 8, a sum not exceeding two hundred and fifty rupees.
If in the opinion of the veterinary practitioner the amount which should be paid as such compensation exceeds two hundred and fifty rupees, he shall report accordingly to the Collector, who shall decide the amount to be so paid.

Committee for hearing appeals:

The Local Government shall, by rules published in the local official Gazette, make provision for the constitution of a committee or committees for the hearing of appeals from decisions under section 10.
Such rules shall provide that not less than one member of any committee constituted there under shall be a person not in the employ of Government or of a local authority.

Appeals:

Any owner may, within two months from the date of a decision under section 10, appeal against such decision to the committee constituted in that behalf by rules made under section 11, and the decision of such committee shall be final.

Vexatious entries and searches:

Whoever, being an inspector appointed under this Act, vexatiously and unnecessarily enters or searches any field, building or other place, shall be punishable, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
No prosecution under this section shall be instituted after the expiry of three months from the date on which the offence has been committed.
Rules:
The Local Government may make rules for the purpose of carrying into effect the provisions of this Act.
In particular, and without prejudice to the generality of Rules the foregoing power, such rules as aforesaid may:
- regulate entries searches and orders by inspectors under section 5; and
- regulate the action to be taken by the veterinary practitioners under section 8; and
- make provision for the payment of compensation to the owner of any mare branded under section 8.
All such rules shall be published in the local official Gazette, and, on such publication, shall have effect as if enacted in this Act.
In making any rule under this section the Local Government may direct that a breach of it shall be punishable with fine which may extend to fifty rupees.

Penalties:

Whoever uses or permits to be used for breeding purposes:
- any horse which has not been registered in accordance with the requirements of a notification under section 3. or
- any horse in respect of which an order under section 5, clause (b) is in force, or
- any mare which has been branded in pursuance of section 8, clause (b)
shall be punishable with fine which may amount, in the case of a first conviction, to fifty rupees, or in the case of a second or subsequent conviction, to one hundred rupees.

Protection to person acting under Act:

No suit, prosecution or other legal proceeding shall lie against any person for anything which is, in good faith, done or intended to be done under this Act.
II.ACT No. VIII of 1920 AMENDING THE ABOVE ACT.
(PASSED BY THE INDIAN LEGISLATIVE COUNCIL).
(Received the assent of the Governor-General on the 4th March, 1920.)
An Act to amend the Dourine Act, 1910.
(Short title.)
V of 1920. Whereas it is expedient to amend the Dourine Act, 1910; It is hereby enacted as follows:
- (Amendment of section 5, Act V of 1910.)
- This Act may be called the Dourine (Amendment) Act,1920.
- V of 1920.
- In section 5 of the Dourine Act,1910 (hereinafter referred to as the said Act):
  - the word “and” at the end of clause (a) shall be omitted; and
  - after clause (b) the following clause shall be added, namely :-
  - “(c) direct, by order in writing, the owner or keeper of any horse which, in the opinion of the Inspectors, is affected with dourine to remove it or permit it to be removed for the purpose of segregation to a place specified in the order, and such direction shall be sufficient authority for the detention of the horse in that place for that purpose.”
- (Amendment of section 6, Act V of 1910.)
- In section 6 of the said Act the word and letter “clause (b)” shall be omitted. (Amendment of section 8, Act V of 1910.)
- In section 8 of the said Act:
  - in clause (a) the word and letter “clause (b)” shall be omitted; and
  - in clause (b)
  - after the words “on microscopical examination” the words “or by other scientific test” shall be inserted;
  - for sub-clause (ii) the following shall be substituted namely:-
  - “(ii) in the case of mare, with the previous sanction of such authority as the Local Government may appoint in this behalf, or, if so empowered by the local Government, without such sanction, cause it to be destroyed.”
- In sub-section (2) of section 14 of the said Act-(Amendment of section 14, Act V of 1910.)
- for clause (a) the following shall be substituted, namely:
- “(a) regulate the exercise of the powers conferred on Inspectors under section 5”; and the word “and” at the end of clause
- (b) and the whole of clause
- (c) shall be omitted. (Amendment of section 15, Act V of 1910.)
- For clause (b) and (c) of section 15 of the said Act, the following shall be substituted, namely:
- “(b) any horse in respect of which an order under clause (b) or clause (c) of section 5 is in force.”