Societies for Prevention of Cruelty to Animals must be constituted in accordance with Rule 3 of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001, including the appointment of a Chairperson and other members, and the conferral of powers and duties upon the societies.

Gopal Krishan Vyas and G.R. Moolchandani, JJ.

In pursuance of the directions issued in this petition on 26.7.2016, the Secretary, Animal Husbandry Department Mr. K.L. Meena present in person along with learned Addl. Advocate General Dr. P.S. Bhati and submitted the compliance report in which it is stated that in compliance of the order dated 4.5.2015, the "Animal Welfare Organisations" have already been established in all most all the Districts of the State of Rajasthan and in some of the Districts, the registration of the Societies were made prior to passing of the order dated 26.7.2015 and in remaining Districts, except one, i.e., Jalore District, registrations are made after 26.7.2016. Along with the compliance report, certain registration certificates have also been annexed.

2. Learned counsel appearing for the petitioner submits that though the registrations of the societies have been made, but those societies were not constituted in accordance with the Rule 3 of the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) rules, 2001 (hereinafter referred to as 'the Rule of 2001' for brevity), therefore, it is the non - compliance of the order passed by this Court dated 4.5.2015.

3. After perusing the rule 3 of the Rules of 2001, so also, the constitution of the societies, which is said to be registered, we are of the opinion that these societies were not constituted in accordance with Rule 3 of the Rules of 2001, more so, the societies are registered in contravention of order passed by this Court on 4.5.2015.

4. Apparently, we are of the opinion that for true compliance of the order dated 4.5.2015, the societies are required to be established as per following Rule 3 of the Rules of 2001, which reads as under:

"3. Society for Prevention of Cruelty to animals in a district - (1) Every State Government shall by notification in the Official Gazette, establish, as soon as may be and in any event within six months from the date of commencement of these rules, a society for every district in the State to be the SPCA in that district.

Provided that any society for Prevention of Cruelty to Animals functioning in any district on the date of commencement of these rules shall continue to discharge its functions till establishment of the SPCA in that district under these rules.

(2) The Managing Committee of the Society shall be appointed by the State Government or the local authority of the district consisting of a Chairperson to be appointed by the State Government or the local authority of the district, as the case may be with the concurrence of the Board and shall consist of such number of other members as may be considered necessary by the State Government or the local authority of the district subject to the condition that:

(i) at least two members shall be representatives of the Animal Welfare Organisations which are actively involved in the work of prevention of cruelty to animals and welfare of animals preferably from within the district; and

(ii) at least two members shall be the persons elected by the general body of members of the Society.

(3) The duties and powers of the Society shall be to aid the Government, the Board and local authority in enforcing the provisions of the Act and to make such bye-laws and guidelines as it may deem necessary for the efficient discharge of its duties.

(4) The Society, or any person authorised by it in this behalf, if it or he has reasonable grounds for believing that any person has committed an offence under the Act, it or such authorised person may require such person to produce forthwith any animal in his possession, control, custody or ownership, or any license, permit or any other document granted to such person or required to be kept by him under the provisions of the Act and may stop any vehicle or enter into any premises in order to conduct a search or inquiry and may seize an animal in respect of which it or such authorised