THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

What is the short title and year of enactment of the legislation aimed at preventing cruelty to animals in India?

The legislation is titled “The Prevention of Cruelty to Animals Act, 1960.”

What is the Act number assigned to the Prevention of Cruelty to Animals Act, 1960?

The Act is Act No. 59 of 1960.

On which date did the Prevention of Cruelty to Animals Act, 1960 receive enactment?

The Act was enacted on 26th December, 1960.

Which legislative authority enacted the Prevention of Cruelty to Animals Act, 1960?

The Act was enacted by Parliament.

In which year of the Republic of India was the Prevention of Cruelty to Animals Act, 1960 enacted?

The Act was enacted in the Eleventh Year of the Republic of India.

What is the primary object of the Prevention of Cruelty to Animals Act, 1960 as stated in its Preamble?

The primary object of the Act is to prevent the infliction of unnecessary pain or suffering on animals.

What ancillary legislative purpose is stated in the Preamble of the Prevention of Cruelty to Animals Act, 1960?

The Act seeks for that purpose to amend the law relating to the prevention of cruelty to animals.

CHAPTER-I

PRELIMINARY

What is the subject matter of Section 1 of the Prevention of Cruelty to Animals Act, 1960?

Section 1 provides for the short title, extent and commencement of the Act.

What is the short title of the Act as laid down under Section 1(1) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 1(1), the Act may be called the Prevention of Cruelty to Animals Act, 1960.

What is the territorial extent of the Prevention of Cruelty to Animals Act, 1960 under Section 1(2)?

Under Section 1(2), the Act extends to the whole of India

When does the Prevention of Cruelty to Animals Act, 1960 come into force under Section 1(3)?

Under Section 1(3), the Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Which authority is competent to appoint the date of commencement of the Prevention of Cruelty to Animals Act, 1960?

The Central Government is competent to appoint the date of commencement under Section 1(3).

By what means is the date of commencement of the Act to be notified under Section 1(3)?

The date of commencement is to be notified by the Central Government by notification in the Official Gazette.

Does Section 1(3) permit appointment of different commencement dates for different States?

Yes, Section 1(3) permits different dates to be appointed for different States.

Does Section 1(3) permit appointment of different commencement dates for different provisions of the Act?

Yes, Section 1(3) permits different dates to be appointed for the different provisions contained in the Act.

What is the scope and purpose of Section 2 of the Prevention of Cruelty to Animals Act, 1960?

Section 2 provides definitions of expressions used in the Act, unless the context otherwise requires.

How is the term “animal” defined under Section 2(a) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 2(a), “animal” means any living creature other than a human being.

What does the term “Board” signify under Section 2(b) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 2(b), “Board” means the Board established under section 4 and as reconstituted from time to time under section 5A.

How is a “captive animal” defined under Section 2(c) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 2(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.

What is the meaning of “domestic animal” under Section 2(d) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 2(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 being nor is intended to be so tamed, is or has become in fact wholly or partly tamed.

How is “local authority” defined under Section 2(e) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 2(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.

What is the definition of “owner” in relation to an animal under Section 2(f) of the Act?

Under Section 2(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.

What is meant by the expressions “phooka” or “doom dev” under Section 2(g) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 2(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.

How is the term “prescribed” defined under Section 2(h) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 2(h), “prescribed” means prescribed by rules made under this Act.

What does the term “street” include under Section 2(i) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 2(i), “street” includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or not, to which the public have access.

What is the subject matter of Section 3 of the Prevention of Cruelty to Animals Act, 1960?

Section 3 lays down the duties of persons having charge of animals.

Upon whom does Section 3 of the Prevention of Cruelty to Animals Act, 1960 impose a statutory duty?

Section 3 imposes a statutory duty upon every person having the care or charge of any animal.

What is the nature of the duty imposed on persons having care or charge of animals under Section 3?

Under Section 3, such persons are required to take all reasonable measures to ensure the well-being of the animal.

What preventive obligation is cast on persons having charge of animals under Section 3?

Section 3 obligates such persons to prevent the infliction upon the animal of unnecessary pain or suffering.

CHAPTER-II

ANIMAL WELFARE BOARD OF INDIA

What is the subject matter of Section 4 of the Prevention of Cruelty to Animals Act, 1960?

Section 4 provides for the establishment of the Animal Welfare Board of India.

For what general purpose is the Board established under Section 4(1) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 4(1), the Board is established for the promotion of animal welfare generally.

What specific protective purpose is assigned to the Board under Section 4(1)?

Under Section 4(1), the Board is established for the purpose of protecting animals from being subjected to unnecessary pain or suffering, in particular.

Which authority is empowered to establish the Board under Section 4(1) of the Act?

The Central Government is empowered to establish the Board under Section 4(1).

When is the Animal Welfare Board of India required to be established under Section 4(1)?

The Board is to be established as soon as may be after the commencement of the Act.

What is the official name of the Board established under Section 4(1) of the Act?

The Board is to be called the Animal Welfare Board of India.

What is the legal status of the Board under Section 4(2) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 4(2), the Board shall be a body corporate.

What attributes of corporate personality are conferred on the Board under Section 4(2)?

Under Section 4(2), the Board has perpetual succession and a common seal.

What property-related powers are conferred upon the Board under Section 4(2)?

Subject to the provisions of the Act, the Board has power to acquire, hold and dispose of property.

What is the Board’s capacity regarding legal proceedings under Section 4(2)?

Under Section 4(2), the Board may, by its name, sue and be sued.

What is the subject matter of Section 5 of the Prevention of Cruelty to Animals Act, 1960?

Section 5 provides for the constitution of the Animal Welfare Board of India.

What does Section 5(1) of the Prevention of Cruelty to Animals Act, 1960 provide for?

Section 5(1) provides for the composition of the Board and specifies the persons of whom the Board shall consist.

Who is included as an ex officio member of the Board under Section 5(1)(a)?

Under Section 5(1)(a), the Inspector-General of Forests, Government of India, is an ex officio member of the Board.

Who is included as an ex officio member of the Board under Section 5(1)(b)?

Under Section 5(1)(b), the Animal Husbandry Commissioner to the Government of India is an ex officio member of the Board.

Who are the members to be appointed under Section 5(1)(ba)?

Under Section 5(1)(ba), two persons to represent respectively the Ministries of the Central Government dealing with home affairs and education are to be appointed by the Central Government.

Who is appointed to represent the Indian Board for Wild Life under Section 5(1)(bb)?

Under Section 5(1)(bb), one person to represent the Indian Board for Wild Life is to be appointed by the Central Government.

Who may be nominated under Section 5(1)(bc) of the Act?

Under Section 5(1)(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 may be nominated by the Central Government.

Who represents veterinary practitioners on the Board under Section 5(1)(c)?

Under Section 5(1)(c), one person to represent such association of veterinary practitioners as the Central Government considers ought to be represented is to be elected by that association in the prescribed manner.

Who represents practitioners of medicine under Section 5(1)(d)?

Under Section 5(1)(d), two persons to represent practitioners of modern and indigenous systems of medicine are to be nominated by the Central Government.

Who represents municipal corporations on the Board under Section 5(1)(e)?

Under Section 5(1)(e), one person to represent each of such two municipal corporations as the Central Government considers ought to be represented is to be elected by each of the said corporations in the prescribed manner.

Who represents animal welfare organisations under Section 5(1)(f)?

Under Section 5(1)(f), one person to represent each of such three organisations actively interested in animal welfare as the Central Government considers ought to be represented is to be chosen by each of the said organisations in the prescribed manner.

Who represents societies dealing with prevention of cruelty to animals under Section 5(1)(g)?

Under Section 5(1)(g), one person to represent each of such three societies dealing with prevention of cruelty to animals as the Central Government considers ought to be represented is to be chosen in the prescribed manner.

How many persons may be nominated by the Central Government under Section 5(1)(h)?

Under Section 5(1)(h), three persons are to be nominated by the Central Government.

How is parliamentary representation ensured on the Board under Section 5(1)(i)?

Under Section 5(1)(i), six members of Parliament are included, four to be elected by the House of the People (Lok Sabha) and two by the Council of States (Rajya Sabha).

Who may depute another person to attend meetings of the Board under Section 5(2)?

Under Section 5(2), any of the persons referred to in clause (a) or clause (b) or clause (ba) or clause (bb) of sub-section (1) may depute any other person to attend meetings of the Board.

What power is conferred on the Central Government under Section 5(3) of the Act?

Under Section 5(3), the Central Government shall nominate one member of the Board to be its Chairman and another member of the Board to be its Vice-Chairman.

What is the subject matter of Section 5A of the Prevention of Cruelty to Animals Act, 1960?

Section 5A provides for the reconstitution of the Animal Welfare Board of India.

For what purpose may the Board be reconstituted under Section 5A(1)?

Under Section 5A(1), the Board may be reconstituted so that the Chairman and other members hold office till the same date and their terms of office come to an end on the same date.

Which authority is empowered to reconstitute the Board under Section 5A(1)?

The Central Government is empowered to reconstitute the Board under Section 5A(1).

By what mode is the reconstitution of the Board to be effected under Section 5A(1)?

The reconstitution is to be effected by notification in the Official Gazette.

When is the Board required to be reconstituted under Section 5A(1)?

The Board is to be reconstituted as soon as may be after the Prevention of Cruelty to Animals (Amendment) Act, 1982 (26 of 1982) comes into force.

How often is the Board required to be reconstituted after the initial reconstitution under Section 5A(2)?

Under Section 5A(2), the Board shall be reconstituted from time to time on the expiration of every third year from the date of its reconstitution under sub-section (1).

Who are to be included as members of the Board reconstituted under Section 5A(3)?

Under Section 5A(3), all persons who immediately before the effective date of reconstitution were members of the Board are to be included.

For what duration do continuing members hold office after reconstitution under Section 5A(3)?

Such members shall hold office only for the unexpired portion of the term for which they would have held office if the reconstitution had not been made.

How are vacancies arising due to cessation of membership after reconstitution to be filled under Section 5A(3)?

Vacancies arising as a result of such cessation are to be filled up as casual vacancies for the remaining period of the term of the Board as reconstituted.

What is the scope of the proviso to Section 5A(3)?

The proviso states that nothing in sub-section (3) shall apply to any person who ceases to be a 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 (26 of 1982).

What is the subject matter of Section 6 of the Prevention of Cruelty to Animals Act, 1960?

Section 6 provides for the term of office and conditions of service of members of the Animal Welfare Board of India.

What is the term for which the Board may be reconstituted under Section 6(1) read with section 5A?

Under Section 6(1), the Board may be reconstituted for a term of three years from the date of reconstitution.

For how long do the Chairman and other members of the Board hold office under Section 6(1)?

Under Section 6(1), the Chairman and other members hold office till the expiry of the term for which the Board has been reconstituted.

What is the effect of the non obstante clause in Section 6(2)?

Section 6(2) operates notwithstanding anything contained in sub-section (1) and lays down exceptions to the general term of office.

How long does an ex officio member continue in office under Section 6(2)(a)?

Under Section 6(2)(a), an ex officio member continues in office so long as he holds the office by virtue of which he is such a member.

When does the term of office of a member representing a body of persons come to an end under Section 6(2)(b)?

Under Section 6(2)(b), the term comes 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.

To which categories of members does Section 6(2)(b) apply?

Section 6(2)(b) applies to members elected or chosen under clause (c), clause (e), clause (f), clause (g), clause (h) or clause (i) of section 5.

What is the term of office of a member appointed to fill a casual vacancy under Section 6(2)(c)?

Under Section 6(2)(c), such member continues for the remainder of the term of office of the member in whose place he is appointed, nominated, elected or chosen.

What power of removal is conferred on the Central Government under Section 6(2)(d)?

Under Section 6(2)(d), the Central Government may remove a member from office for reasons to be recorded in writing after giving a reasonable opportunity of showing cause against the proposed removal.

How is a vacancy caused by removal under Section 6(2)(d) to be treated?

Any vacancy caused by such removal is to be treated as a casual vacancy for the purpose of clause (c).

What provision is made regarding allowances payable to members of the Board under Section 6(3)?

Under Section 6(3), members shall receive such allowances, if any, as the Board may, subject to the previous approval of the Central Government, provide by regulations.

What is the legal effect of vacancies or defects in the constitution of the Board under Section 6(4)?

Under Section 6(4), no act done or proceeding taken by the Board shall be questioned merely on the ground of the existence of any vacancy or defect in the constitution of the Board.

What powers do ex officio members exercise during the interregnum between expiry and reconstitution of the Board under Section 6(4)?

Under Section 6(4), during the period between expiry of the term and further reconstitution, the ex officio members shall discharge all the powers and functions of the Board.

What is the subject matter of Section 7 of the Prevention of Cruelty to Animals Act, 1960?

Section 7 provides for the appointment of the Secretary and other employees of the Animal Welfare Board of India.

Who is empowered to appoint the Secretary of the Board under Section 7(1)?

Under Section 7(1), the Central Government shall appoint the Secretary of the Board.

Is the appointment of the Secretary of the Board made by the Board itself?

No, under Section 7(1), the appointment of the Secretary of the Board is made by the Central Government.

Subject to whose rules may the Board appoint other officers and employees under Section 7(2)?

Under Section 7(2), the Board may appoint other officers and employees subject to such rules as may be made by the Central Government.

For what purpose may the Board appoint other officers and employees under Section 7(2)?

Under Section 7(2), such appointments may be made as are necessary for the exercise of the Board’s powers and the discharge of its functions.

Who determines the terms and conditions of service of the officers and other employees appointed under Section 7(2)?

Under Section 7(2), the Board may determine the terms and conditions of service by regulations made by it.

Is any approval required for regulations determining service conditions under Section 7(2)?

Yes, such regulations require the previous approval of the Central Government.

What is the subject matter of Section 8 of the Prevention of Cruelty to Animals Act, 1960?

Section 8 provides for the funds of the Animal Welfare Board of India.

Of what do the funds of the Board consist under Section 8?

Under Section 8, the funds of the Board 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.

What is the subject matter of Section 9 of the Prevention of Cruelty to Animals Act, 1960?

Section 9 enumerates the functions of the Animal Welfare Board of India.

What is the function of the Board under Section 9(a) regarding existing animal welfare laws?

Under Section 9(a), the Board is required to keep the law in force in India for the prevention of cruelty to animals under constant study and to advise the Government on amendments to be undertaken in such law from time to time.

What advisory role does the Board perform under Section 9(b)?

Under Section 9(b), the Board advises the Central Government on the making of rules under the Act with a view to preventing unnecessary pain or suffering to animals generally and particularly during transport, performance, captivity or confinement.

What function is assigned to the Board under Section 9(c) in relation to draught animals?

Under Section 9(c), the Board advises the Government, any local authority or other person on improvements in the design of vehicles so as to lessen the burden on draught animals.

What welfare measures may the Board undertake under Section 9(d)?

Under Section 9(d), the Board may take steps for the amelioration of animals by encouraging or providing for the construction of sheds, water-troughs and the like and by providing veterinary assistance to animals.

What role does the Board play in relation to slaughter-houses under Section 9(e)?

Under Section 9(e), the Board advises the Government, local authorities or other persons on the design and maintenance of slaughter-houses and slaughter of animals to eliminate unnecessary pain or suffering, physical or mental, particularly at pre-slaughter stages, and to ensure humane killing wherever necessary.

What responsibility is cast upon the Board under Section 9(f) regarding unwanted animals?

Under Section 9(f), the Board may take steps to ensure that unwanted animals are destroyed by local authorities, whenever necessary, either instantaneously or after being rendered insensible to pain or suffering.

How does the Board promote animal shelters under Section 9(g)?

Under Section 9(g), the Board encourages, by grant of financial assistance or otherwise, the formation or establishment of pinjrapoles, rescue homes, animal shelters, sanctuaries and the like for sheltering animals and birds requiring protection.

What coordinating function is assigned to the Board under Section 9(h)?

Under Section 9(h), the Board co-operates with and co-ordinates the work of associations or bodies established for preventing cruelty to animals or for the protection of animals and birds.

What assistance may the Board provide to animal welfare organisations under Section 9(i)?

Under Section 9(i), the Board may give financial and other assistance to animal welfare organisations functioning in any local area or encourage the formation of such organisations under its general supervision and guidance.

What advisory and financial role does the Board perform under Section 9(j)?

Under Section 9(j), the Board advises the Government on matters relating to medical care and attention in animal hospitals and may provide financial and other assistance to such hospitals when necessary.

What educational functions are entrusted to the Board under Section 9(k)?

Under Section 9(k), the Board imparts education on humane treatment of animals and encourages public opinion against unnecessary pain or suffering through lectures, books, posters, cinematographic exhibitions and similar means.

What is the residual advisory function of the Board under Section 9(l)?

Under Section 9(l), the Board advises the Government on any matter connected with animal welfare or the prevention of infliction of unnecessary pain or suffering on animals.

What is the subject matter of Section 10 of the Prevention of Cruelty to Animals Act, 1960?

Section 10 confers power on the Animal Welfare Board of India to make regulations.

What power is conferred upon the Board under Section 10 of the Act?

Under Section 10, the Board may make such regulations as it may think fit for the administration of its affairs and for carrying out its functions.

Is the power of the Board to make regulations under Section 10 absolute?

No, the power is subject to the previous approval of the Central Government.

For what purposes may regulations be made by the Board under Section 10?

Regulations may be made for the administration of the Board’s affairs and for carrying out its functions.

Whose prior approval is mandatory before regulations made by the Board can take effect under Section 10?

The previous approval of the Central Government is mandatory.

CHAPTER-III

CRUELTY TO ANIMALS GENERALLY

What is the subject matter of Section 11 of the Prevention of Cruelty to Animals Act, 1960?

Section 11 defines the offence of treating animals cruelly.

What conduct is prohibited under Section 11(1)(a)?

Under Section 11(1)(a), it is prohibited to beat, kick, over-ride, over-drive, over-load, torture or otherwise treat any animal so as to subject it to unnecessary pain or suffering, or to cause or, being the owner, permit any animal to be so treated.

What does Section 11(1)(b) prohibit in relation to unfit animals?

Under Section 11(1)(b), it is prohibited to employ in any work, labour or for any purpose any animal which, by reason of age, disease, infirmity, wound, sore or other cause, is unfit to be so employed, or to permit any such unfit animal to be so employed.

What is forbidden under Section 11(1)(c) regarding drugs or substances?

Under Section 11(1)(c), it is forbidden to wilfully and unreasonably administer any injurious drug or injurious substance to any animal, or to wilfully and unreasonably cause or attempt to cause any such drug or substance to be taken by any animal.

What does Section 11(1)(d) prohibit in relation to conveying animals?

Under Section 11(1)(d), it is prohibited to convey or carry, 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.

What restriction is imposed under Section 11(1)(e) concerning cages or receptacles?

Under Section 11(1)(e), it is prohibited to keep or confine 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.

What does Section 11(1)(f) prohibit regarding chaining or tethering?

Under Section 11(1)(f), it is prohibited to keep for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord.

What duty does an owner have towards dogs under Section 11(1)(g)?

Under Section 11(1)(g), the owner must exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement.

What obligation is imposed on owners regarding food, drink or shelter under Section 11(1)(h)?

Under Section 11(1)(h), the owner of any animal must provide sufficient food, drink or shelter to such animal.

What conduct is prohibited under Section 11(1)(i) regarding abandonment?

Under Section 11(1)(i), it is prohibited to, without reasonable cause, abandon any animal in circumstances likely to cause it pain by reason of starvation or thirst.

What conduct is prohibited under Section 11(1)(j) of the Prevention of Cruelty to Animals Act, 1960?

Under Section 11(1)(j), it is prohibited to wilfully permit any animal, of which one is the owner, to go at large in any street while affected with contagious or infectious disease, or without reasonable excuse, to permit any diseased or disabled animal to die in any street.

What does Section 11(1)(k) prohibit regarding sale or possession of suffering animals?

Under Section 11(1)(k), it is prohibited to offer for sale or, without reasonable cause, have in possession any animal suffering pain due to mutilation, starvation, thirst, overcrowding or other ill-treatment.

What acts are prohibited under Section 11(1)(l) regarding mutilation or killing of animals?

Under Section 11(1)(l), it is prohibited to mutilate any animal or kill any animal, including stray dogs, by strychnine injection in the heart or in any other unnecessarily cruel manner.

What conduct is prohibited under Section 11(1)(m)(i) with a view to entertainment?

Under Section 11(1)(m)(i), it is prohibited to confine or cause to be confined any animal, including tying an animal as bait in a tiger or other sanctuary, to make it an object of prey for any other animal.

What conduct is prohibited under Section 11(1)(m)(ii) with a view to entertainment?

Under Section 11(1)(m)(ii), it is prohibited to incite any animal to fight or to bait any other animal.

What does Section 11(1)(n) prohibit regarding animal fighting places?

Under Section 11(1)(n), it is prohibited to organise, keep, use or act in the management of any place for animal fighting or baiting, to permit or offer any place to be so used, or to receive money for admission to any such place.

What conduct is prohibited under Section 11(1)(o) regarding shooting matches?

Under Section 11(1)(o), it is prohibited to promote or take part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting.

What is the punishment prescribed under Section 11 for offences under clauses (a) to (o)?

For a first offence, the punishment is a fine not less than ten rupees and may extend to fifty rupees; for a second or subsequent offence within three years, the punishment is a fine not less than twenty-five rupees and may extend to one hundred rupees, or imprisonment up to three months, or both.

When is an owner deemed to have committed an offence under Section 11(2)?

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 cruelty under Section 11(1).

What safeguard is provided to owners under the proviso to Section 11(2)?

The proviso provides that if an owner is convicted solely for failing to exercise reasonable care and supervision, he shall not be liable to imprisonment without the option of a fine.

What is the subject matter of Section 11(3)?

Section 11(3) provides exceptions to the application of Section 11.

Does Section 11(3)(a) exempt certain procedures on animals?

Yes, Section 11(3)(a) exempts the dehorning of cattle, castration, branding, or nose-roping of any animal, provided it is done in the prescribed manner.

What exemption does Section 11(3)(b) provide regarding stray dogs?

Section 11(3)(b) exempts the destruction of stray dogs in lethal chambers or by such other methods as may be prescribed.

What legal authority is covered under Section 11(3)(c)?

Section 11(3)(c) exempts the extermination or destruction of any animal under the authority of any law for the time being in force.

What exemption is granted under Section 11(3)(d)?

Section 11(3)(d) exempts any matter dealt with in Chapter IV of the Act.

What exemption is provided under Section 11(3)(e) regarding animals as food?

Section 11(3)(e) exempts the commission or omission of any act in the course of the destruction or preparation of animals as food for mankind, unless such destruction or preparation is accompanied by unnecessary pain or suffering.

What is the subject matter of Section 12 of the Prevention of Cruelty to Animals Act, 1960?

Section 12 prescribes the penalty for practising phooka or doom dev on milch animals.

What acts are prohibited under Section 12?

Under Section 12, it is prohibited to perform phooka, doom dev, or any other operation, including injection of any substance, on a cow or other milch animal to improve lactation if it is injurious to the health of the animal.

Who else is liable under Section 12 besides the person performing the operation?

Under Section 12, any person who permits such operation to be performed on any milch animal in his possession or under his control is also liable.

What is the punishment prescribed under Section 12?

Under Section 12, the offender 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.

What happens to the animal on which the prohibited operation was performed under Section 12?

Under Section 12, the animal on which the operation was performed shall be forfeited to the Government.

What is the subject matter of Section 13 of the Prevention of Cruelty to Animals Act, 1960?

Section 13 provides for the lawful destruction of suffering animals.

Under Section 13(1), when may a court direct the destruction of an animal?

Under Section 13(1), the court may direct the destruction of an animal when the owner is convicted under Section 11 and the court is satisfied that it would be cruel to keep the animal alive.

Who may be assigned to destroy the animal under Section 13(1)?

The court may assign the animal to any suitable person for the purpose of destruction.

How must the animal be destroyed under Section 13(1)?

The animal must be destroyed or caused to be destroyed in the presence of the assigned person as soon as possible and without unnecessary suffering.

Who bears the reasonable expense of destroying the animal under Section 13(1)?

Any reasonable expense incurred may be ordered by the court to be recovered from the owner as if it were a fine.

What safeguard does the proviso to Section 13(1) provide?

Unless the owner assents, no order under this section shall be made except upon the evidence of a veterinary officer in charge of the area.

What powers are conferred on magistrates or police officers under Section 13(2)?

Under Section 13(2), a magistrate, commissioner of police or district superintendent of police, who has reason to believe that an offence under Section 11 has been committed, may direct the immediate destruction of the animal if it would be cruel to keep it alive.

Who is empowered to act under Section 13(3) if an animal is diseased, severely injured, or in a condition that removal would be cruel?

Any police officer above the rank of constable or any person authorised by the State Government may act under Section 13(3).

What action may be taken under Section 13(3) if the owner is absent or refuses consent?

The officer may forthwith summon the veterinary officer in charge of the area where the animal is found.

What role does the veterinary officer play under Section 13(3)?

The veterinary officer certifies whether the animal is mortally injured, severely injured, or in such a physical condition that it would be cruel to keep it alive.

What authority is required before destruction of the animal under Section 13(3)?

Destruction may be carried out only after obtaining orders from a magistrate.

In what manner must the destruction of the animal be carried out under Section 13(3)?

The destruction must be carried out in such manner as may be prescribed.

What is the appellate provision under Section 13(4)?

No appeal shall lie from any order of a magistrate for the destruction of an animal.

CHAPTER-IV

EXPERIMENTATION ON ANIMALS

What is the subject matter of Section 14 of the Prevention of Cruelty to Animals Act, 1960?

Section 14 deals with the legality of performing experiments on animals.

Does the Act prohibit all experiments on animals under Section 14?

No, Section 14 does not render unlawful the performance of experiments on animals.

For what purposes may experiments on animals be lawfully conducted under Section 14?

Experiments may be conducted for advancement by new discovery of physiological knowledge, or knowledge useful for saving or prolonging life, alleviating suffering, or combating any disease, whether of human beings, animals or plants.

Are operations included in the lawful experiments under Section 14?

Yes, Section 14 includes experiments involving operations on animals.

What is the subject matter of Section 15 of the Prevention of Cruelty to Animals Act, 1960?

Section 15 provides for the constitution of a Committee for control and supervision of experiments on animals.

When may the Central Government constitute a Committee under Section 15(1)?

The Central Government may constitute a committee if, on the advice of the Board, it is of opinion that it is necessary for controlling and supervising experiments on animals.

How is the Committee constituted under Section 15(1)?

The Committee is constituted by notification in the Official Gazette and may consist of such number of officials and non-officials as the Central Government thinks fit.

Who is nominated as the Chairman of the Committee under Section 15(2)?

The Central Government shall nominate one of the members of the Committee to be its Chairman.

What procedural powers does the Committee have under Section 15(3)?

Under Section 15(3), the Committee has the power to regulate its own procedure in relation to the performance of its duties.

Of what shall the funds of the Committee consist under Section 15(4)?

The funds shall consist of grants made by the Government and contributions, donations, subscriptions, bequests, gifts and the like made by any person.

What is the subject matter of Section 15A of the Prevention of Cruelty to Animals Act, 1960?

Section 15A provides for the constitution of sub-committees by the Committee for control and supervision of experiments on animals.

Who may constitute sub-committees under Section 15A(1)?

The Committee may constitute as many sub-committees as it thinks fit.

For what purposes may sub-committees be constituted under Section 15A(1)?

Sub-committees may be constituted for exercising any power or discharging any duty of the Committee, or for inquiring into, reporting, and advising on any matter referred by the Committee.

Who may be members of a sub-committee under Section 15A(2)?

A sub-committee shall consist exclusively of members of the Committee.

What is the subject matter of Section 16 of the Prevention of Cruelty to Animals Act, 1960?

Section 16 deals with the appointment and terms of service of the staff of the Committee for control and supervision of experiments on animals.

Who controls the appointment of staff under Section 16?

The Committee may appoint staff subject to the control of the Central Government.

What powers does the Committee have regarding officers and employees under Section 16?

The Committee may appoint such number of officers and other employees as necessary to exercise its powers and perform its duties.

What authority does the Committee have regarding remuneration and service conditions under Section 16?

The Committee may determine the remuneration and other terms and conditions of service of its officers and other employees.

What is the subject matter of Section 17 of the Prevention of Cruelty to Animals Act, 1960?

Section 17 deals with the duties of the Committee and power of the Committee to make rules relating to experiments on animals.

What is the primary duty of the Committee under Section 17(1)?

The Committee must take all necessary measures to prevent unnecessary pain or suffering to animals before, during, or after experiments.

Under what authority can the Committee make rules under Section 17(1)?

The Committee may make rules by notification in the Gazette of India, subject to the condition of previous publication.

What matters may the rules specifically provide for under Section 17(1A)?

The rules may provide for the registration of persons or institutions carrying on experiments on animals.

What reporting obligations are prescribed under Section 17(1A)?

The rules may prescribe the reports and other information to be forwarded to the Committee by persons and institutions carrying on experiments on animals.

What is the subject matter of Section 17(2) of the Prevention of Cruelty to Animals Act, 1960?

Section 17(2) prescribes the objectives that rules made by the Committee shall secure in relation to experiments on animals.

What responsibility is prescribed under Section 17(2)(a) for experiments performed in institutions?

Responsibility for experiments performed in any institution shall be placed on the person in charge of the institution.

What responsibility is prescribed under Section 17(2)(a) for experiments performed outside institutions?

Experiments performed outside institutions by individuals shall be performed by qualified persons, and the experiments are carried out under their full responsibility.

What standard is prescribed for experiments under Section 17(2)(b)?

Experiments must be performed with due care and humanity, and as far as possible, operations must be performed under anaesthetics of sufficient power to prevent the animals from feeling pain.

What is required under Section 17(2)(c) for animals injured under anaesthetics?

Animals injured under anaesthetics whose recovery would involve serious suffering are ordinarily to be destroyed while still insensible.

What does Section 17(2)(d) require regarding the use of animals in experiments?

Section 17(2)(d) requires that experiments on animals be avoided wherever possible, for example, in medical schools, hospitals, and colleges, if alternative teaching devices like books, models, or films suffice.

What restriction is placed on experiments involving larger animals under Section 17(2)(e)?

Experiments on larger animals must be avoided when the same results can be achieved using small laboratory animals such as guinea-pigs, rabbits, frogs, or rats.

What limitation is placed on experiments for acquiring manual skill under Section 17(2)(f)?

Experiments must not be performed merely for the purpose of acquiring manual skill, as far as possible.

What duty is prescribed regarding care of animals under Section 17(2)(g)?

Animals intended for experiments must be properly looked after both before and after experiments.

What record-keeping requirement is imposed under Section 17(2)(h)?

Suitable records must be maintained with respect to all experiments performed on animals.

What guidance must the Committee follow when making rules under Section 17(3) of the Prevention of Cruelty to Animals Act, 1960?

The Committee must be guided by directions given by the Central Government, consistent with the objects for which the Committee is set up.

Who is authorised to give directions to the Committee under Section 17(3)?

The Central Government is authorised to give directions to the Committee.

Who is bound by the rules made by the Committee under Section 17(4)?

All individuals performing experiments outside institutions and all persons in charge of institutions where experiments are performed are bound by the rules.

What is the subject matter of Section 18 of the Prevention of Cruelty to Animals Act, 1960?

Section 18 deals with the power of the Committee to authorise entry and inspection.

Who may be authorised to inspect institutions under Section 18?

The Committee may authorise any of its officers or any other person in writing to inspect institutions or places where experiments are carried on.

What is the purpose of inspection under Section 18?

The purpose of inspection is to ensure that the rules made by the Committee are being complied with.

What powers are conferred under Section 18(a)?

The authorised officer or person may enter at any time considered reasonable and inspect any institution or place where experiments on animals are being carried out.

What powers are conferred under Section 18(b)?

The authorised officer or person may require any person to produce any record kept with respect to experiments on animals.

What is the subject matter of Section 19 of the Prevention of Cruelty to Animals Act, 1960?

Section 19 deals with the power of the Committee to prohibit experiments on animals when rules under Section 17 are not being complied with.

On what basis can the Committee exercise powers under Section 19?

The Committee can act on the report of any officer or other person resulting from an inspection under Section 18 or otherwise.

What procedural safeguard must the Committee provide before prohibiting experiments under Section 19?

The Committee must give the person or institution an opportunity of being heard in the matter.

What orders can the Committee make under Section 19?

The Committee may prohibit the person or institution from carrying on experiments for a specified period or indefinitely, or may allow experiments subject to special conditions it deems fit to impose.

What is the subject matter of Section 20 of the Prevention of Cruelty to Animals Act, 1960?

Section 20 prescribes penalties for contravening orders or breaching conditions imposed by the Committee under Section 19.

What acts attract punishment under Section 20(a)?

Contravention of any order made by the Committee under Section 19.

What acts attract punishment under Section 20(b)?

Breach of any condition imposed by the Committee under Section 19.

What is the maximum penalty under Section 20?

A fine which may extend to two hundred rupees.

Who is deemed guilty if the contravention or breach occurs in an institution under Section 20?

The person in charge of the institution is deemed guilty and shall be punishable accordingly.

CHAPTER-V

PERFORMING ANIMALS

What is the subject matter of Section 21 of the Prevention of Cruelty to Animals Act, 1960?

Section 21 defines the terms “exhibit” and “train” in the context of this Chapter.

What does the term “exhibit” mean under Section 21?

“Exhibit” means to display at any entertainment to which the public are admitted through sale of tickets.

What does the term “train” mean under Section 21?

“Train” means to train animals for the purpose of any such exhibition.

What do the terms “exhibitor” and “trainer” signify under Section 21?

“Exhibitor” and “trainer” have the corresponding meanings of the persons who exhibit or train animals for such public entertainment.

What is the subject matter of Section 22 of the Prevention of Cruelty to Animals Act, 1960?

Section 22 restricts the exhibition and training of performing animals.

What restriction does Section 22(i) impose on exhibiting or training performing animals?

No person shall exhibit or train any performing animal unless he is registered in accordance with the provisions of this Chapter.

What restriction does Section 22(ii) impose regarding certain animals?

No person shall exhibit or train as a performing animal any animal which the Central Government may, by notification in the Official Gazette, specify as an animal that shall not be exhibited or trained.

What is the subject matter of Section 23 of the Prevention of Cruelty to Animals Act, 1960?

Section 23 prescribes the procedure for registration of persons desirous of exhibiting or training performing animals.

Who is required to register under Section 23(1)?

Every person desirous of exhibiting or training any performing animal must apply for registration in the prescribed form and pay the prescribed fee, unless prohibited by a court order under this Chapter.

What particulars must be included in the registration application under Section 23(2)?

The application must contain particulars regarding the animals and the general nature of the performances in which the animals are to be exhibited or trained, as prescribed, and these particulars are entered in the register.

What is the duty of the prescribed authority under Section 23(3)?

The prescribed authority must issue to every registered person a certificate of registration in the prescribed form containing the particulars entered in the register.

What rights does Section 23(4) confer regarding the register?

Every register must be open for inspection at all reasonable times on payment of the prescribed fee, and any person may obtain copies or extracts on payment of the prescribed fee.

What rights does Section 23(5) confer regarding variations in the register?

Any registered person may apply to have particulars in the register varied, and when varied, the existing certificate shall be cancelled and a new certificate issued, subject to any court order under this Act.

What is the subject matter of Section 24 of the Prevention of Cruelty to Animals Act, 1960?

Section 24 empowers the court to prohibit or restrict the exhibition and training of performing animals if it involves unnecessary pain or suffering.

Who can make a complaint under Section 24(1) to the magistrate?

A complaint can be made by a police officer or an officer authorised in writing by the prescribed authority under Section 23.

What powers does the court have under Section 24(1)?

The court may make an order prohibiting the training or exhibition of the performing animal or may impose such conditions on it as specified in the order.

On what basis can the court prohibit or restrict training or exhibition under Section 24(1)?

The court must be satisfied that the training or exhibition has been accompanied by unnecessary pain or suffering.

What is the subject matter of Section 24(2) of the Prevention of Cruelty to Animals Act, 1960?

Section 24(2) prescribes the procedure for communicating court orders restricting or prohibiting the exhibition or training of performing animals to the prescribed authority and for endorsement on certificates.

What action must the court take after making an order under Section 24(2)?

The court must send a copy of the order as soon as possible to the prescribed authority by which the person is registered.

What is the duty of the registered person under Section 24(2)?

The person must produce his certificate to the court for endorsement of the order when required.

What is the duty of the prescribed authority under Section 24(2)?

The prescribed authority must enter the particulars of the order in the register and endorse the certificate of the person concerned.

What is the subject matter of Section 25 of the Prevention of Cruelty to Animals Act, 1960?

Section 25 empowers authorised persons and certain police officers to enter premises where performing animals are trained or exhibited and to inspect them.

Who is authorised to enter premises under Section 25(1)?

Any person authorised in writing by the prescribed authority under Section 23 and any police officer not below the rank of sub-inspector.

What powers are conferred under Section 25(1)(a)?

To enter at all reasonable times and inspect any premises where performing animals are being trained, exhibited, or kept for training or exhibition, and to inspect any such animals found therein.

What powers are conferred under Section 25(1)(b)?

To require any person believed to be a trainer or exhibitor of performing animals to produce his certificate of registration.

What restriction is imposed under Section 25(2)?

No authorised person or police officer shall go on or behind the stage during a public performance of performing animals.

What is the subject matter of Section 26 of the Prevention of Cruelty to Animals Act, 1960?

Section 26 prescribes offences and penalties relating to the exhibition and training of performing animals in contravention of the Chapter.

What offence is committed under Section 26(a)?

Exhibiting or training any performing animal without being registered under this Chapter.

What offence is committed under Section 26(b)?

Exhibiting or training a performing animal in a manner or with respect to an animal for which the person is not registered.

What offence is committed under Section 26(c)?

Exhibiting or training as a performing animal any animal prohibited by notification under clause (ii) of Section 22.

What offence is committed under Section 26(d)?

Obstructing or wilfully delaying any person or police officer authorised under Section 25 in the exercise of powers of entry and inspection.

What offence is committed under Section 26(e)?

Concealing any animal with a view to avoiding inspection under Section 25.

What offence is committed under Section 26(f)?

Failing without reasonable excuse to produce the registration certificate when duly required under this Act.

What offence is committed under Section 26(g)?

Applying to be registered under this Act when not entitled to be so registered.

What is the maximum penalty under Section 26?

Fine up to five hundred rupees, or imprisonment up to three months, or both.

What is the subject matter of Section 27 of the Prevention of Cruelty to Animals Act, 1960?

Section 27 provides exemptions from the provisions of this Chapter relating to performing animals.

Which animals or training are exempt under Section 27(a)?

The training of animals for bona fide military or police purposes and the exhibition of any animals so trained.

Which animals are exempt under Section 27(b)?

Animals kept in zoological gardens or by societies or associations whose principal object is the exhibition of animals for educational or scientific purposes.

CHAPTER-VI

MISCELLANEOUS

What is the subject matter of Section 28 of the Prevention of Cruelty to Animals Act, 1960?

Section 28 provides that the Act does not render it an offence to kill any animal in a manner required by the religion of any community.

What exemption does Section 28 grant regarding the killing of animals?

It exempts from liability any killing of animals performed in accordance with the religious requirements of a community.

What is the subject matter of Section 29 of the Prevention of Cruelty to Animals Act, 1960?

Section 29 empowers the court to deprive a person convicted of an offence under this Act of ownership or custody of animals and to make orders regarding their disposal.

What can the court order under Section 29(1) upon conviction of an owner?

The court may order that the animal with respect to which the offence was committed be forfeited to the Government and may further direct its disposal as deemed fit.

Under what conditions can the court make an order under Section 29(2)?

An order can be made only if evidence shows a previous conviction, the character of the owner, or otherwise indicates that leaving the animal with the owner would likely expose it to further cruelty.

What additional prohibition can the court impose under Section 29(3)?

The court may prohibit the convicted person, permanently or for a specified period, from having custody of any animal or of a particular kind or species of animal as specified in the order.

What additional conditions are required for making an order under Section 29(4)?

An order under Section 29(3) shall not be made unless (a) evidence shows a previous conviction or the character of the person or the treatment of the animal indicates likelihood of cruelty, (b) the complaint states the complainant’s intention to request such an order, and (c) the offence was committed in an area where a licence is required for keeping such an animal.

What consequence does Section 29(5) impose for contravention of an order under sub-section (3)?

Any person contravening the order shall be punishable with a fine up to one hundred rupees, or imprisonment up to three months, or both.

What power does Section 29(6) confer on the court regarding an order made under sub-section (3)?

The court may rescind or modify the order at any time, either on its own motion or on application made in this behalf.

What is the subject matter of Section 30 of the Prevention of Cruelty to Animals Act, 1960?

Section 30 provides a legal presumption regarding the guilt of a person charged with killing a goat, cow or its progeny in a cruel manner under clause (l) of sub-section (1) of section 11.

What presumption arises under Section 30 if the skin of the animal is found in possession of the accused?

If the accused is found in possession of the skin of a goat, cow, or its progeny with part of the head attached, it shall be presumed, until the contrary is proved, that the animal was killed in a cruel manner.

Who bears the burden of disproving the presumption under Section 30?

The person in possession of the skin bears the burden of proving that the animal was not killed in a cruel manner.

What is the subject matter of Section 31 of the Prevention of Cruelty to Animals Act, 1960?

Section 31 declares certain offences under the Act to be cognizable, notwithstanding the provisions of the Code of Criminal Procedure, 1898.

Which offences are made cognizable under Section 31?

Offences punishable under clause (l), clause (n), or clause (o) of sub-section (1) of section 11, or under section 12, are declared cognizable offences.

What is the effect of declaring an offence cognizable under Section 31?

Declaring an offence cognizable means that a police officer may register a case and investigate the offence without prior permission of a magistrate.

What does section 32 deals with?

Power of search and seizure

What is the subject matter of Section 32(1) of the Prevention of Cruelty to Animals Act, 1960?

Section 32(1) empowers police officers and authorised persons to enter, search, and seize in cases involving offences under clause (l) of sub-section (1) of section 11 relating to the killing of goats, cows, or their progeny.

Which authorities are empowered under Section 32(1) to conduct search and seizure?

A police officer not below the rank of sub-inspector or any person authorised by the State Government in this behalf.

Under what circumstances can search and seizure be conducted under Section 32(1)?

When the officer or authorised person has reason to believe that an offence under clause (l) of section 11 is being, is about to be, or has been committed, or that any person has in his possession the skin of such an animal with part of the head attached.

What may be seized under Section 32(1)?

The skin of the animal and any article or thing used or intended to be used in the commission of such offence.

What is the subject matter of Section 32(2) of the Prevention of Cruelty to Animals Act, 1960?

Section 32(2) empowers police officers and authorised persons to enter premises and seize animals in cases involving phooka, doom dev, or any other injurious operation under section 12.

Which authorities are empowered under Section 32(2) to act?

A police officer not below the rank of sub-inspector or any person authorised by the State Government in this behalf.

Under what circumstances can action be taken under Section 32(2)?

When the officer or authorised person has reason to believe that phooka, doom dev, or any similar operation has just been, or is being, performed on any animal within his jurisdiction.

What is to be done with the animal seized under Section 32(2)?

The animal shall be seized and produced for examination by the veterinary officer in charge of the area in which the animal is seized.

What is the subject matter of Section 33 of the Prevention of Cruelty to Animals Act, 1960?

Section 33 deals with the power of magistrates and authorised officers to enter and search premises for offences under the Act, including the issue of search warrants.

Which authorities may issue a search warrant under Section 33(1)?

A magistrate of the first or second class, a presidency magistrate, a sub-divisional magistrate, a commissioner of police, or a district superintendent of police.

Under what conditions may a search warrant be issued under Section 33(1)?

When, upon written information and after such inquiry as deemed necessary, the authority has reason to believe that an offence under the Act is being, is about to be, or has been committed in any place.

Who may execute a search under a warrant issued under Section 33(1)?

Any police officer not below the rank of sub-inspector, authorised by the magistrate through the warrant.

Which provisions govern the conduct of searches under Section 33(2)?

The provisions of the Code of Criminal Procedure, 1898, relating to searches shall apply as far as they can be made applicable.

What is the subject matter of Section 34 of the Prevention of Cruelty to Animals Act, 1960?

Section 34 confers a general power of seizure on authorised officers and police for animals suspected to be involved in offences under the Act, for the purpose of examination.

Who is empowered to seize animals under Section 34?

Any police officer above the rank of a constable or any person authorised by the State Government.

Under what conditions may an animal be seized under Section 34?

When the officer has reason to believe that an offence under the Act has been or is being committed in respect of the animal and considers the circumstances require seizure.

For what purpose may the seized animal be produced under Section 34?

The animal may be produced for examination before the nearest magistrate or by a veterinary officer as prescribed.

What can the seizing officer require from the person in charge of the animal?

The officer may require the person in charge of the animal to accompany it to the place of examination.

What does section 35 deals with?

Treatment and care of animals.

What authority does Section 35(1) give to the State Government regarding animals involved in offences?

The State Government may appoint infirmaries for treatment and care of animals involved in offences under the Act and may authorise their detention pending production before a magistrate.

What directions can a magistrate give under Section 35(2) regarding an animal involved in a prosecution?

The magistrate may direct that the animal be treated in an infirmary until fit for work or discharge, sent to a pinjrapole, or destroyed if certified incurable or impossible to remove without cruelty.

Who certifies that an animal is fit for discharge from an infirmary under Section 35(3)?

The veterinary officer in charge of the area in which the infirmary is situated, or another veterinary officer authorised under rules made under this Act.

Can an animal be released from an infirmary without a certificate of fitness under Section 35(3)?

No, an animal cannot be released unless the magistrate directs otherwise or a veterinary officer issues a certificate of fitness for discharge.

What is the purpose of sending an animal to a pinjrapole under Section 35?

To provide care and shelter for animals that are no longer fit for work or are not to be destroyed, ensuring their welfare.

Who bears the cost of transporting and maintaining an animal in an infirmary or pinjrapole under Section 35(4)?

The owner of the animal, according to a scale of rates prescribed by the district magistrate or, in presidency towns, by the commissioner of police.

Is there an exception to payment for the treatment of the animal under Section 35(4)?

Yes, if the magistrate orders on account of the poverty of the owner, no charge shall be payable.

How can the amount payable by the owner under Section 35(4) be recovered according to Section 35(5)?

It may be recovered in the same manner as an arrear of land revenue.

What can a magistrate do if the owner refuses or neglects to remove the animal within the specified time under Section 35(6)?

The magistrate may direct that the animal be sold and the proceeds applied to the payment of the cost of treatment and maintenance.

What happens to the surplus proceeds of the sale of the animal under Section 35(7)?

If the owner applies within two months from the date of sale, the surplus shall be paid to him.

What does section 36 deals with?

Limitation of prosecutions

What is the time limit for instituting a prosecution under Section 36 of the Act?

A prosecution must be instituted within three months from the date of the commission of the offence.

What happens if a prosecution is initiated after three months under Section 36?

It cannot be legally instituted; the limitation period bars the prosecution.

What does section 37 deals with?

Delegation of powers

Who can exercise powers delegated by the Central Government under Section 37?

Any State Government, as directed by the Central Government by notification in the Official Gazette, subject to conditions.

How are powers of the Central Government delegated under this Act?

The Central Government may, by notification, allow all or any of its powers under this Act to be exercised by a State Government.

What does section 38 deals with?

Power to make rules

Who can make rules under Section 38?

The Central Government, by notification in the Official Gazette, subject to previous publication.

What is the purpose of rules under Section 38?

To carry out the purposes of the Prevention of Cruelty to Animals Act.

What matters can the Central Government provide rules for under Section 38(2)?

(a) Conditions of service and allowances of Board members; (aa) Manner of election of municipal corporation representatives; (b) Maximum load an animal can carry or draw; (c) Conditions to prevent over-crowding of animals.

(e) prohibiting the use of any bit or harness involving cruelty to animals;

[(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11;

(eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under sub-section (3) of section 13, (f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose;

(g) the precautions to be taken in the capture of animals for purposes of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licences;

(h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported.

(i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surroundings of such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein, and to expose in such premises copies of section 12 in a language or languages commonly understood in the locality.

(j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made.

(ja) the fees which may be charged by the Committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose.

(k) the purposes to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals.

(l) any other matter which has to be, or may be, prescribed

What is the penalty for contravening rules made under Section 38?

If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both

What does section 38A deals with?

Rules and recognition to be laid before the parliament.

What is the objective of Section 38A of the Prevention of Cruelty to Animals Act?

Section 38A mandates that every rule made by the Central Government or the Committee under section 15 and every regulation made by the Board shall be laid before each House of Parliament.

Who is required to lay the rules or regulations before Parliament under Section 38A?

The Central Government, the Committee constituted under section 15, and the Board, as applicable, are required to lay their respective rules or regulations before each House of Parliament.

For how long must rules or regulations be presented before each House of Parliament?

For a total period of thirty days, which may be comprised in one session or in two or more successive sessions.

What is the effect if both Houses of Parliament agree to modify or annul a rule or regulation?

The rule or regulation shall thereafter have effect only in the modified form or be of no effect, as the case may be.

Does the modification or annulment of a rule or regulation affect actions previously done under it?

No, any modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

What is the subject of Section 39 of the Prevention of Cruelty to Animals Act?

Section 39 declares the status of persons authorised under section 34 of the Act.

Who is deemed to be a public servant under Section 39?

Every person authorised by the State Government under section 34.

Under which law is a person authorised under section 34 considered a public servant?

Under section 21 of the Indian Penal Code, 1860 (45 of 1860).

What is the purpose of Section 40 of the Prevention of Cruelty to Animals Act?

Section 40 provides indemnity to certain persons for acts done under the Act.

Who is protected under the indemnity provided by Section 40?

Any person who is, or who is deemed to be, a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

What type of acts are covered under the indemnity in Section 40?

Anything done, or intended to be done, in good faith under the Prevention of Cruelty to Animals Act.

Can a suit, prosecution, or other legal proceeding be initiated against a protected person under Section 40?

No, not for acts done in good faith under this Act.

What does Section 41 of the Prevention of Cruelty to Animals Act deal with?

Section 41 deals with the repeal of provisions of the Prevention of Cruelty to Animals Act, 1890 (11 of 1890).

When does a provision of the 1890 Act stand repealed under Section 41?

When, in pursuance of a notification under sub-section (3) of section 1, any provision of the current Act comes into force in any State, the corresponding provision of the 1890 Act stands repealed.

Does Section 41 repeal the entire Prevention of Cruelty to Animals Act, 1890?

No, only those provisions of the 1890 Act which correspond to provisions of the current Act coming into force are repealed.