PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
(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 date1 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.
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1. Came into force on 1-4-1961 for the State of Punjab and the Union territory of the Andaman and Nicobar Islands; vide S.O. 823, dated 1-4-1961, see Gazette of India, Pt. II, Sec. 3 (ii), p. 806 and in the State of Sikkim on 1-3-1993.
In this Act, unless the context otherwise requires,—
(a) “animal” means any living creature other than a human being;
1[(b) “Board” means the Board established under section 4, and as reconstituted from time to time under section 5A;]
(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
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.
(1) For the promotion of animal welfare generally and 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 1[Animal Welfare Board of India].
(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.
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1. Subs. by Act 26 of 1982, sec. 4, for “Animal Welfare Board” (w.e.f. 30-7-1982).
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(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;
1[(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;
(bb) one person to represent the Indian Board for Wild Life, to be appointed by the Central Government;
(bc) three persons who, in the opinion 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;]
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(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.
(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
(1) The term for which the Board may be reconstituted under section 5A 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.
(2) Notwithstanding anything contained in sub-section (1),—
(a) the term of office of an 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 (f), clause (g), clause (h) or clause (i) of section 5 to represent any body 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;
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(1) The Central Government shall appoint 1[***] 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.
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1. The words “one of its officers to be” omitted by Act 26 of 1982, sec. 8 (w.e.f. 30-7-1982).
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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 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 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, 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.
(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 animals to be so treated; or
(b) 1[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 so employed; or
(c) wilfully and unreasonably administers any injurious drug or injurious substance to 2[any animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 2[any animal]; or
(d) conveys or carries, whether in o
Section 11 of the Prevention of Cruelty to Animals Act, 1960, is a key provision that defines and penalizes acts of cruelty towards animals. It aims to prevent unnecessary pain, suffering, and inhumane treatment of animals, establishing a legal framework for their protection and welfare.
Section 11 broadly prohibits acts that cause unnecessary pain or suffering to animals, including beating, kicking, over-driving, overloading, torturing, and other forms of cruel treatment. It also covers acts like mutilation, branding, castration, and illegal transportation that inflict pain or suffering. The section prescribes penalties for violations and empowers authorities to take action against offenders.
Note: The references are drawn from the provided sources, emphasizing the broad scope, judicial interpretations, amendments, and enforcement mechanisms related to Section 11 of the Prevention of Cruelty to Animals Act, 1960.
If any person performs upon any cow or other milch animal the operation called phooka or doom dev 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.
(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 expense incurred in destroying the animal may by 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 superintend
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.
(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, by 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 members 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.
(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.]
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1. Ins. by Act 26 of 1982, sec. 13 (w.e.f. 30-7-1982).
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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.
(1) It shall be the duty of the Committee to take all such measures as may be necessary to ensure that animals are not subject to unnecessary pain or suffering before, during or after the performance of experiments on them, and for that 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.
1[(1A) In particular, and without prejudice to the generality of 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 ani
For the purpose of ensuring that the rules made by it are being complied with, the Committee may authorise any of its officers or any other person in writing to inspect any institution or place where experiments are being carried on and report to it as a result of such inspection, and any officer of person so authorised may—
(a) enter at any time considered reasonable by him and inspect any institution or place in which experiments on animals are being carried on; and
(b) require any person to produce any records kept by him with respect to experiments on animals.
If the Committee is satisfied, on the report of any officer or other person made to it as a result of any inspection under section 18 or otherwise, that the rules made by it under section 17 are not being complied with by any person or institution carrying on experiments on animals, the Committee may, after giving an opportunity to the person or institution of being heard in the matter, by order, prohibit the person or institution from carrying on any such experiments either for a specified period or indefinitely, or may allow the person or institution to carry on such experiments subject to such special conditions as the Committee may think fit to impose.
If any person—
(a) contravenes any order made by the Committee under section 19; or
(b) commits a breach of any condition imposed by the Committee under that section;
he shall be punishable with fine which may extend to two hundred rupees, and, when the contravention or breach of condition has taken place in any institution, the person in charge of the institution shall be deemed to be guilty of the offence and shall be punishable accordingly.
In this Chapter, “exhibit” means exhibit at any entertainment, to which the public are admitted through sale of tickets and “train” means train for the purpose of any such exhibition, and the expressions “exhibitor” and “trainer” have respectively the corresponding meanings.
No person shall exhibit or train—
(i) any performing animal unless he is registered in accordance with the provisions of this Chapter ;
(ii) as a performing animal, any animal which the Central Government may, by notification in the Official Gazette, specify as an animal which shall not be exhibited or trained as a performing animal.
Section 22 of the Prevention of Cruelty to Animals Act, 1960, authorizes the Central Government to prohibit the training and exhibition of certain animals as performing animals, aiming to prevent cruelty and unnecessary pain inflicted on animals involved in entertainment and exhibition activities. The section provides a statutory framework for regulating activities that could cause animal suffering, balancing animal welfare with cultural and traditional practices.
Section 22 empowers the Central Government to notify animals that shall not be trained or exhibited as performing animals. It specifies that no person shall train or exhibit such animals unless registered, and it authorizes the government to issue notifications based on relevant material to restrict certain activities to prevent cruelty. The section also covers the power to prohibit activities involving animals deemed to be subjected to unnecessary pain or suffering.
This concise commentary synthesizes judicial interpretations and statutory principles surrounding Section 22, emphasizing the importance of animal welfare, the basis of government notifications, and the judiciary’s role in upholding lawful exercise of powers.
(1) Every person desirous of exhibiting or training any performing animal shall, on making an application in the prescribed form to the prescribed authority and on payment of the prescribed fee, be registered under this Act unless he is a person who, by reason of an order made by the court under this Chapter, is not entitled to be so registered.
(2) An application for registration under this Chapter shall contain such particulars as to the animals and as to the general nature of the performances in which the animals are to be exhibited or for which they are to be trained as may be prescribed, and the particulars so given shall be entered in the register maintained by the prescribed authority.
(3) The prescribed authority shall give to every person whose name appears on the register kept by them, a certificate of registration in the presc
(1) Where it is proved to the satisfaction of any magistrate on a complaint made by a police officer or an officer authorised in writing by the prescribed authority referred to in section 23, that the training or exhibition of any performing animal has been accompanied by unnecessary pain or suffering and should be prohibited or allowed only subject to conditions, the court may make an order against the person in respect of whom the complaint is made, prohibiting the training or exhibition or imposing such conditions in relation thereto, as may be specified by the order.
(2) Any court by which an order is made under this section shall cause a copy of the order to be sent, as soon as may be after the order is made, to the prescribed authority by which the person against whom the order is made is registered, and shall cause the particulars of the order to be endorsed upon the certifi
(1) Any person authorised in writing by the prescribed authority referred to in section 23 and any police officer not below the rank of a sub-inspector may—
(a) enter at all reasonable times and inspect any premises in which any performing animals are being trained or exhibited or kept for training or exhibition, and any such animals found therein; and
(b) require any person who, he has reason to believe, is a trainer or exhibitor of performing animals to produce his certificate or registration.
(2) No person or police officer referred to in sub-section (1) shall be entitled under this section to go on or behind the stage during a public performance of performing animals.
If any person—
(a) not being registered under this Chapter, exhibits or trains any performing animal; or
(b) being registered under this Act, exhibits or trains any performing animal with respect to which, or in a manner with respect to which, he is not registered; or
(c) exhibits or trains as a performing animal, any animal which is not to be used for the purpose by reason of a notification issued under clause (ii) of section 22; or
(d) obstructs or wilfully delays any person or police officer referred to in section 25 in the exercise of powers under this Act as to entry and inspection; or
(e) conceals any animal with a view to avoiding such inspection; or
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The Prevention of Cruelty to Animals Act, 1960, is a significant piece of legislation in India aimed at preventing the infliction of unnecessary pain or suffering on animals. Section 26 specifically addresses the penalties for various offences under the Act, reinforcing the legal framework for animal welfare.
Section 26 outlines the penalties for committing offences under the Act. It states that any person found guilty of violating the provisions of the Act shall be punishable with a fine that may extend to five hundred rupees, or with imprisonment for a term that may extend to three months, or with both.
The scope of Section 26 is broad, covering multiple offences related to animal cruelty, including the improper treatment of performing animals and violations of registration requirements for animal trainers and exhibitors.
The punishment under Section 26 can include:- A fine up to five hundred rupees.- Imprisonment for up to three months.- A combination of both fine and imprisonment.
Keyword: "Welfare Legislation" - The provisions of welfare legislation should be liberally construed in favor of the weak and infirm, including animals, to ensure their protection. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Primary Duty" - Section 3 of the Act places a primary duty on individuals in charge of animals to ensure their well-being, which is foundational to the enforcement of Section 26. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Cruelty Definition" - The Act defines cruelty as unnecessary pain or suffering inflicted on animals, which is central to the offences outlined in Section 26. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Penal Nature" - The provisions of the Act, including Section 26, are penal in nature, emphasizing the seriousness of animal welfare violations. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Performing Animals" - Section 26 specifically addresses offences related to the exhibition and training of performing animals, which must be registered.
Keyword: "Registration Requirement" - The Act mandates that any person showing or training performing animals must be officially registered, and violations can lead to penalties under Section 26.
Keyword: "Custom and Tradition" - The Act overrides any custom or tradition that permits cruelty to animals, reinforcing the legal framework established by Section 26. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Judicial Interpretation" - Courts have a duty to interpret the Act in a manner that protects animal rights, as outlined in Section 26. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Constitutional Framework" - The Act aligns with Articles 51A(g), 48, and 48-A of the Constitution, which emphasize compassion for living creatures, supporting the enforcement of Section 26. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Repugnancy" - The Act's provisions, including Section 26, have been upheld against state laws that may conflict with its objectives, ensuring uniformity in animal welfare legislation. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Enforcement Challenges" - Despite the clear penalties outlined in Section 26, enforcement remains a challenge, necessitating vigilant oversight by authorities. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Public Awareness" - Increasing public awareness about the provisions of Section 26 is crucial for effective enforcement and compliance. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Animal Rights" - The Act, through Section 26, contributes to the broader discourse on animal rights in India, advocating for the humane treatment of animals. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Legislative Intent" - The intent behind Section 26 is to deter cruelty and promote the welfare of animals, reflecting societal values regarding animal rights. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Judicial Precedents" - Judicial interpretations of the Act have reinforced the importance of Section 26 in protecting animal welfare. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Cultural Practices" - The Act's provisions, including Section 26, challenge cultural practices that may involve animal cruelty, promoting a shift towards more humane treatment. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Legal Framework" - Section 26 is a critical component of the legal framework aimed at preventing cruelty to animals, ensuring accountability for offenders. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Animal Welfare Organizations" - The role of animal welfare organizations is vital in advocating for the enforcement of Section 26 and raising awareness about animal rights. [ Animal Welfare Board of India VS A. Nagaraja]
Keyword: "Future Amendments" - There is potential for future amendments to enhance the penalties outlined in Section 26, reflecting evolving societal attitudes towards animal welfare. [ Animal Welfare Board of India VS A. Nagaraja]
Nothing contained in this Chapter shall apply to—
(a) the training of animals for bona fide military or police purposes or the exhibition of any animals so trained; or
(b) any animals kept in any zoological garden or by any society or association which has for its principal object the exhibition of animals for educational or scientific purposes.
The Prevention of Cruelty to Animals Act, 1960, is a significant legislative measure in India aimed at preventing unnecessary pain and suffering to animals. Section 27 of this Act provides specific exemptions regarding the training and exhibition of animals, particularly in the context of military and police purposes.
Section 27 states that the provisions of the Act do not apply to the training of animals for bona fide military or police purposes or the exhibition of any animals so trained. This exemption is crucial for allowing certain activities that may otherwise be considered cruel under the Act.
The scope of Section 27 is limited to specific exemptions related to military and police training. It does not provide a blanket exemption for all forms of animal training or exhibition, thereby maintaining a balance between animal welfare and necessary operational needs of law enforcement and military.
While Section 27 itself does not prescribe punishment, violations of other sections of the Act related to cruelty can lead to penalties, including fines and imprisonment. For instance, general offences under the Act can attract fines up to ₹500 or imprisonment for up to three months, while more severe cases of cruelty can incur fines ranging from ₹50,000 to ₹75,000 or more, depending on the circumstances.
Nothing contained in this Act shall render it an offence to kill any animal in a manner required by the religion of any community.
(1) If the owner of any animal is found guilty of any offence under this Act, the court, upon his conviction thereof, may, if it thinks fit, in addition to any other punishment, make an order that the animal with respect to which the offence was committed shall be forfeited to Government and may, further, make such order as to the disposal of the animal as it thinks fit under the circumstances.
(2) No order under sub-section (1) shall be made unless it is shown by evidence as to a previous conviction under this Act or as to the character of the owner or otherwise as to the treatment of the animal that the animal, if left with the owner, is likely to be exposed to further cruelty.
(3) Without prejudice to the provisions contained in sub-section (1), the court may also order that a person convicted of an offence under this Act shall, eithe
If any person is charged with the offence of killing a goat, cow or its progeny contrary to the provisions of clause (1) of sub-section (1) of section 11, and it is proved that such person had in his possession, at the time the offence is alleged to have been committed, the skin of any such animal as is referred to in this section with any part of the skin of the head attached thereto, it shall be presumed until the contrary is proved that such animal was killed in a cruel manner.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence punishable under clause (1), clause (n) or clause (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of that Code.
(1) If a police officer not below the rank of sub-inspector or any person authorised by the State Government in this behalf has reason to believe that an offence under clause (1) of sub-section (1) of section 11 in respect of any such animal as is referred to in section 30 is being or is about to be, or has been, committed in any place, or that any person has in his possession the skin of any such animal with any part of the skin of the head attached thereto, he may enter and search such place or any place in which he has reason to believe any such skin to be, and may seize such skin or any article or thing used or intended to be used in the commission of such offence.
(2) If a police officer not below the rank of sub-inspector, or any person authorised by the State Government in this behalf, has reason to believe that phooka or 1[doom dev or any other operation of the nature refer
(1) If a magistrate of the first or second class or a presidency magistrate or a sub-divisional magistrate or a commissioner of police or district superintendent of police, upon information in writing, and after such inquiry as he thinks necessary, has reason to believe that an offence under this Act is being, or is about to be, or has been committed in any place, he may either himself enter and search or by his warrant authorise any police officer not below the rank of sub-inspector to enter and search the place.
(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), relating to searches shall, so far as those provisions can be made applicable, apply to searches, under this Act.
Any police officer above the rank of a constable or any person authorised by the State Government in this behalf, who has reason to believe that an offence against this Act has been or is being, committed in respect of any animal, may, if in his opinion the circumstances to require, seize the animal and produce the same for examination by the nearest magistrate or by such veterinary officer as may be prescribed, and such police officer or authorised person may, when seizing the animal, require the person in charge thereof to accompany it to the place of examination.
(1) The State Government may, by general or special order, appoint infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may authorise the detention therein of any animal pending its production before a magistrate.
(2) The magistrate before whom a prosecution for an offence against this Act has been instituted may direct that the animal concerned shall be treated and cared for in an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the veterinary officer in charge of the area in which the animal is found or such other veterinary officer as may be authorised in this behalf by rules made under this Act certifies that it is incurable or cannot be removed without cruelty, that it shall be destroyed.
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The Prevention of Cruelty to Animals Act, 1960, is a significant piece of legislation aimed at preventing cruelty to animals and ensuring their welfare. Section 35 specifically addresses the treatment and care of animals that have been subjected to cruelty, outlining the responsibilities of the state and the judiciary in safeguarding animal welfare.
Section 35 of the Act provides for the appointment of infirmaries for the treatment and care of animals that have been subjected to cruelty. It empowers magistrates to direct the care of such animals, either in an infirmary or with a Pinjarapole (a charitable organization for animal welfare), until they are fit for discharge or otherwise.
The scope of Section 35 extends to all animals that are victims of cruelty as defined under the Act. It allows for the temporary custody of these animals to ensure their well-being during legal proceedings.
While Section 35 itself does not prescribe punishment, it operates in conjunction with other sections of the Act that outline penalties for cruelty to animals, which can include fines and imprisonment.
This commentary highlights the importance of Section 35 in the Prevention of Cruelty to Animals Act, 1960, and its implications for animal welfare and legal proceedings in India.
A prosecution for an offence against this Act shall not be instituted after the expiration of three months from the date of the commission of the offence.
The Central Government may, by notification in the Official Gazette, direct that all or any of the powers exercisable by it under this Act, may, subject to such conditions as it may think fit to impose, be also exercisable by any State Government.
The Prevention of Cruelty to Animals Act, 1960, is a significant legislative measure in India aimed at preventing cruelty to animals and promoting their welfare. Section 37 specifically addresses the delegation of powers by the Central Government, allowing for more efficient administration and enforcement of the Act.
Section 37 empowers the Central Government to delegate any of its powers under the Act to any State Government or authority, as specified in a notification published in the Official Gazette. This delegation is intended to facilitate the implementation of the Act at various administrative levels.
The scope of Section 37 is broad, allowing the Central Government to delegate powers to various State Governments or authorities, thereby enhancing local governance and responsiveness to animal welfare issues. This delegation is crucial for effective implementation, especially in regions where local authorities may have better insights into specific animal welfare challenges.
Section 37 itself does not prescribe any punishment, as it is primarily concerned with the delegation of powers. However, other sections of the Act outline penalties for cruelty to animals, which can be enforced by the authorities to whom powers have been delegated.
(1) The Central Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the forgoing power, the Central Government may make rules providing for all or any of the following matters, namely:—
(a) the 1[***] conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their powers and discharge their functions;
2[(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;]
(b) the maximum load (including any load occasioned by the weight of p
Every rule made by the Central Government or by the Committee constituted under section 15 and every regulation made by the Board shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]
Every person authorised by the State Government under section 34 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against any person who is, or who is deemed to be, a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) in respect of anything in good faith done or intended to be done under this Act.
The Prevention of Cruelty to Animals Act, 1960, is a significant legislative measure in India aimed at preventing the infliction of unnecessary pain and suffering on animals. Section 40 of this Act addresses the issue of indemnity for public servants acting in accordance with the law, thereby providing them protection from legal proceedings.
Section 40 states that no suit, prosecution, or other legal proceeding shall lie against any person who is, or who is deemed to be, a public servant within the meaning of the Indian Penal Code, for actions taken in the discharge of their duties under this Act.
While Section 40 itself does not prescribe punishment, it serves as a protective measure for public servants. Other sections of the Act outline penalties for cruelty to animals.
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