People For Animals Nagaon

ANIMAL LAWS

1) THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 (59 of 1960)

An Act to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals.

Be it enacted by Parliament in the Eleventh Year of the Republic of India as Follows:-

CHAPTER 1

PRELIMINARY

Short title, extent and commencement.-

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

(2) It extends to the whole of India expect the state of Jammu and Kashmir.

(3) It shall come into force on such date 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 provision contained in this Act.

Definition - In this Act, unless the context otherwise requires,-

(a) "animals" means any living creature other than a human being;

(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 animals" means any animals which is tamed or Which has been or is being suffering tamed to serve some purpose for the use of man or which, although it neither has been nor is intended to be so tamed, is or has become in fact wholly or partly tamed ;

(e) "local authority" means a municipal committee, district board Or other authority for the time being invested by law with control and administration of any matters within a specified local area;

(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;

(g) "Phooka" or "doom dev" include any process of introducing air Or any substance into the female organ of a mulch animal with the object of drawing off from the animal any secretion of milk;

(h) "Prescribed" means prescribed by rules made under this Act;

(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.

Duties of person having charge of animals. - 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 infection upon such animal of unnecessary pain or suffering.

CRUELTY TO ANIMALS GENERALLY

Treating animals cruelly. - (1) If any person---

(a) Beats, kicks, over - rides, over - drives, over - load, tortures or otherwise treat 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) [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) Willfully and unreasonably administers any injurious drug or injurious substance To [any animal] or willfully and unreasonably causes or attempts to cause any such drug or substance to be taken by [any animal]; or

(d) Conveys or carries, 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; or

(e) Keeps or confines 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;

(f) Keeps for an unreasonable time any animal chained or tethered upon an unreasonable short or unreasonable heavy chain or cord; or

(g) Being the owner, neglects to exercise or cause to be exercise reasonably any Dog habitually chained up or kept in close confinement; or

(h) Being the owner of [any animal], fails to provide such animal with sufficient Food, drink or shelter; or

(i) Without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or

(j) Willfully permits any animal, of which he is the owner to go at large in any Street while the animal is affected with contagious or infectious disease or, Without reasonable excuse permits any diseased or disabled animal of which He is the owner, to die in any street; or

(k) Offers for sale or without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation , starvation, thirst, overcrowding or other ill - treatment; or

(l) Mutilates any animal or kills any animal (including stray dogs) by using the Method of strychnine injections in the heart or in any other unnecessarily Cruel manner; or;]

(m) Solely with a view to providing entertainment--

(1) confines or causes to be confined any animal (including trying of an Animal as a bait in a tiger or other sanctuary) so as to make it an Object of prey for any other animal; or

(2) Incites any animal to fight or bait any other animal; or

(n) [***] organizes, keeps uses or acts in the management of, any place for Animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purpose; or

(o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; he shall be punishable, [in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence With fine which shall not be less than twenty - five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.]

(2) For the purposes of sub-section (1), 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 such offence:

Provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.

(3) Nothing in this section shall apply to -

(a) the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the prescribed manner; or

(b) the destruction of stray dogs in lethal chambers or subscribe by Act 26 of 1982, Section 10, for 'by other methods with a minimum of suffering"; or

(d) any matter dealt with in Chapter IV; or

(e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering.

COMMENTS

If any person treats animals with cruelty he shall be punished for the first offence with fine up to fifty rupees for the second or subsequent offence committed within three years of the previous offence, with fine up to one thousand rupees or with imprisonment up to three months, or with both.

Penalty of practicing phooka or doom dev. - If any person performs upon any cow or other milch animal the operation called phooka or [doom dev or any other operation (including injection of any substance) to improve lactation which is injurious to the health of the animal] 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 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.

Destruction of suffering animals - (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 I his presence without unnecessary suffering, and any reasonable expense incurred in destroying the animal 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 superintendent of police has reason to believe that an offence under section 11 has been committed in respect of any animal, he may direct the immediate destruction of the animal, if in his opinion; it would be cruel to keep the animal alive.

(3) Any police officer about the rank of a constable or any person authorized by the State Government in this behalf who finds any animal so diseased or so severely injured or in such a physical condition that in his opinion it cannot be removed without cruelty, may, if the owner is absent or refuses his consent to the destruction of the animal, forthwith summon the veterinary officer in charge of the area in which the animal is found, and if the veterinary officer in charge of the area in which the animal is found, and if the veterinary officer certifies that the animal is mortally injured or so severely injured or in such a physical condition that it would be cruel to keep it alive, the police officer or the person authorized, as the case may be, may, after obtaining orders from a magistrate, destroy the animal injured or cause it to be destroyed.

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

EXPERIMENTATION ON ANIMALS

Experiments on animals -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 be useful for saving or for prolonging life or alleviating suffering or for combating any disease, whether of human beings, animals or plants.

Committee for control and supervision of experiments on animals -

(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.

Sub - committees -

(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.

Staff of the Committee - 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.

Duties of the Committee and power of the Committee to make rules relating to experiments on animals -

(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.

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 animals.

(2) In Particular, and without prejudice to the generality of the foregoing power, rules made by the Committee shall be designed to secure the following objects, namely:-

(a) that in cases where experiments are performed in any institution, the responsibility therefore is placed on the person in charge of the institution and that, in cases where experiments are performed outside an institution by individuals, the individuals are qualified in that behalf and the experiments are performed on their full responsibility;

(b) that experiments are performed with due care and humanity, and that as far as possible experiments involving operations are performed under the influence of some anaesthetic of sufficient power to prevent the animals feeling pain;

(c) that animals which, in the course of experiments under the influence of anaesthetics, are so injured that their recovery would involve serious suffering, are ordinarily destroyed while still insensible;

(d) that experiments on animals are avoided wherever it is possible to do so; as for example, in medical schools, hospitals, colleges and the like, if other teaching devices such as books, models, films and the like may equally suffice;

(e) that experiments on larger animals are avoided when it is possible to achieve the same results by experiments upon small laboratory animals like guinea-pigs, rabbits, frogs and rats;

(f) that, as far as possible, experiments are not performed merely for the purpose of acquiring manual skill;

(g) that animals intended for the performance of experiments are properly looked after both before and after experiments;

(h) that suitable records are maintained with respect to experiments performed on animals.

(3) In making any rules under this section, the Committee shall be guided by such directions as the Central Government (consistently with the objects for which the Committee is set up) may give to it, and the Central Government is hereby authorized to give such directions.

(4) All rules made by the Committee shall be binding on all individuals performing experiments outside institutions and on persons in charge of institutions in which experiments are performed.

Power of entry and inspection For the purpose of ensuring that the rules made by it are being complied with, the Committee may authorize 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 authorized 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 record kept by him with respect to experiments on animals.

Power to prohibit 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.

Penalties - 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 the 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.

2) ANIMAL BIRTH CONTROL (DOGS) RULES, 2001

THE GAZETTE OF INDIA

EXTRAORDINARY

PART II - SECTION 3 - SUB-SECTION (ii)

PUBLISHED BY AUTHORITY

No. 929 NEW DELHI, MONDAY, DECEMBER 24, 2001 PAUSA 3, 1923

MINISTRY OF CULTURE

NOTIFICATION

New Delhi, the 24th December, 2001

Dog Rules

S.O. 1256 (E) - Whereas the draft Animal Birth Control (Dogs) Rules, 2001 were published, as required under the sub-section (1) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), vide Ministry of Culture notification number G.S.R.816(E) dated November 2, 2001 in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) dated November 2, 2001 and whereas objections and suggestions from all persons likely to be affected thereby were invited before the expiry of 30 days from the date on which copies of the gazette containing the said notification have been made available to the public;

And whereas copies of the said Gazette were made available to the public on November 2, 2001;

And whereas the objections/suggestions received from the public have been incorporated in the rules.

Now, therefore, in exercise of the powers conferred by the sub-sections (1) (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby makes the following rules, namely:

1.Short Title and commencement:

1. These rules may be called the Animal Birth Control (Dogs) Rules, 2001.

2. They shall come into force on the date of their final publication in the Official Gazette.

2.Definition:

In these rules, unless the context otherwise requires,

a. "Act" means the Prevention of Cruelty to Animals Act, 1960.

b. "Animal Welfare Organisation" means and includes the Society for Prevention of Cruelty to Animals and any other welfare organization for animals which is registered under the Societies Registration Act of 1860 (21 of 1860) or any other corresponding law for the time being in force and which is recognized by the Animal Welfare Board of India

c. "Board" means the Animal Welfare Board of India, established under section 4 and as reconstituted under Section 5A of the Act;

d. "Committee" means a committee appointed under these rules

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;

f. "owner" means the owner of an animal and includes any other person in possession or custody of such animal whether with or without the consent of the owner;

g. "Veterinary doctor" means a person who holds a degree of a recognized veterinary college and is registered with the Indian Veterinary Council.

3.Classification of dogs and their Sterilization:

1. All dogs shall be classified in one of the following two categories (i) pet dogs, (ii) street dogs.

2. The owner of pet dogs shall be responsible for the controlled breeding, immunization, sterlization and licensing in accordance with these rules and the law for the time being in force within a specified local area.

3. The street dogs shall be sterilized and immunized by participation of animal welfare organizations, private individuals and the local authority.

4.Formation of Committtee:

A monitoring committee consisting of the following persons shall be constituted by the local authority namely :

a. Commissioner/Chief of the local authority, who shall be the ex-officio Chairman of the Committee.

b. A representative of the Public Health Department of the local authority.

c. A representative of the Animal Welfare Department if any of the local authority.

d. A veterinary doctor

e. A representative of the district Society for Prevention of Cruelty to Animals (SPCA)

f. At least two representatives from the Animal Welfare Organizations operating within the said local authority.

5.Functions of the Committee:

The committee constituted under rule 4 shall be responsible for planning and management of dog control programme in accordance with these rules. The committee may:

a. Issue instructions for catching, transportation, sheltering, sterilisation, vaccination, treatment and release of sterilized vaccinated or treated dogs.

b. Authorize veterinary doctor to decide on case to case basis the need to put to sleep critically ill or fatally injured or rabid dogs in a painless method by using sodium pentathol. Any other method is strictly prohibited.

c. Create public awareness, solicit co-operation and funding.

d. Provide guidelines to pet dog owners and commercial breeders from time to time.

e. Get a survey done of the number of street dogs by an independent agency.

f. Take such steps for monitoring the dog bite cases to ascertain the reasons of dog bite, the area where it took place and whether it was from a stray or a pet dog.

g. Keep a watch on the national and international development in the field of research pertaining to street dogs' control and management, development of vaccines and cost effective methods of sterilization, vaccination, etc.

6.Obligations of the local authority:

1. The local authority shall provide for

a. Establishment of a sufficient number of dogs pounds including animal kennels/ shelters which may be managed by animal welfare organizations;

b. Requisite number of dog vans with ramps for the capture and transportation of street dogs;

c. One driver and two trained dog catchers to be provided for each dog van;

d. An ambulance cum clinical van to be provided as mobile center for sterilisation and immunization;

e. Incinerators to be installed by the local authority for disposal of carcasses.

f. Periodic repair of shelter or pound.

2. If the Municipal Corporation or the local authority thinks it expedient to control street dog population, it shall be incumbent upon them to sterilize and immunize street Dogs with the participation of animal welfare organizations, private individuals and the local authority.

3. The animal welfare organizations shall be reimbursed the expenses of sterilization/ immunization at a rate to be fixed by the Committee on fortnightly basis based on the number of sterilization/immunization done.

7.Capturing/sterilization/immunization/release :

1. Capturing of dogs shall be based on:

a. Specific complaints (for which the local authority in consultation with the Monitoring Committee shall set up a dog control cell to receive complaints about dog nuisance, dog bites and information about rabid dogs) and

b. General :

(i). On receipt of specific complaint about nuisance or dog bite the same shall be attended on priority basis, irrespective of the area from which the complaint comes. On receipt of such complaint the details such as name of the complainant, his complete address, date and time of complaint, nature of complaint etc. shall be recorded in a register to be maintained for permanent record.

(ii). Capturing for general purpose will be on such dates and time to be specified by the Committee.

c. One driver and two trained dog catchers to be provided for each dog van;

d. An ambulance cum clinical van to be provided as mobile center for sterilisation and immunization;

2. The dog capturing squad shall consist of :

(i). The driver of the dog van

(ii). Two or more trained employees of the local authority who are trained in capturing of dogs.

(iii). One representative of any of the animal welfare organization

Each member of the dog squad shall carry, a valid identity card issued by the local authority. The dog capturing squad will be accompanied by a representative of an Animal Welfare Organisation nominated for the purpose.

3. On receipt of specific complaint or for capturing dogs in normal course the dog squad will visit the concerned area, capture the dogs identified by the complaint in case of complaint oriented capturing and other dogs in case of general capturing. All the dogs caught will be tagged for identification purposes and to ensure that the dogs are released in the same area after sterilization and vaccination. Only stipulated number of dogs, according to the Animal Birth Control Program target, shall be caught by the van. A record of dogs captured shall be maintained in a register, mentioning therein the name of the area/locality, date and time of capture, names of persons in the dogs squad on that particular day and details about dogs captured such as number of male dogs, number of female dogs, number of puppies etc.

4. The dogs shall be captured by using humane methods such as lassoing or soft-loop animal catchers such as those prescribed under the provisions of Prevention of Cruelty (Capture of Animals) Rules, 1979.

5. While the dogs are being captured in any locality the representative of the local authority or of the animal welfare organization accompanying the dog squad will make announcements on a public address system that dogs are being captured from the area for the purpose of sterilization and immunization and will be released in the same area after sterilization and immunization. The announcement may also briefly educate the residents of the area about the dog control programme and solicit the support of all the residents reassuring them that the local authority is taking adequate steps for their safety.

6. The captured dogs shall be brought to the dog kennels/dog pounds managed by the Animal Welfare Organisations (AWOs). On reaching the dog pounds all the dogs shall be examined by the veterinarians and healthy and sick dogs should be segregated. Sick dogs should be given proper treatment in the hospitals run by Society for Prevention of Cruelty to Animals (SPCA)/other institutions and only after they are treated they should be sterilized and vaccinated. The dogs will be sterilized/vaccinated under the supervision of the veterinarians of the hospital run by the Society for Prevention of Cruelty to Animals (SPCA), Animal Welfare Organization or other dog shelters. After necessary period of follow up, the dogs shall be released at the same place or locality from where they were captured and the date, time and place of their release shall be recorded. The representative of Animal Welfare Organisations (AWOs) shall accompany the dog squad at the time of release also.

7. At a time only one lot of dogs shall be brought for sterilization, immunization at one dog kennel or dog pound and these dogs shall be from one locality. Two lots from different areas or localities shall not be mixed at the same dog pound or dog kennel.

8. The dog kennel must have sufficient space for proper housing and free movement of dogs. The place should have proper ventilation and natural lighting and must be kept clean. Adults and puppies must be housed separately and amongst the adults the males and females also should be housed separately. Adequate arrangement for drinking water and food shall be made for dogs while in captivity.

9. Female dogs found to be pregnant shall not undergo abortion (irrespective of stage of pregnancy) and sterilization and should be released till they have litter.

8.Identification and Recording:

Sterilized dogs shall be vaccinated before release and the ears of these dogs should either be clipped and/or tatooed for being identified as sterilized or immunised dogs. In addition, the dogs may be given token or nylon collars for identification and detailed records of such dogs shall be maintained. Branding of dogs would not be permitted.

9.Euthanasia of Street Dogs:

Incurably ill and mortally wounded dogs as diagnosed by a qualified veterinarian appointed by the committee shall be euthanised during specified hours in a humane manner by administering sodium pentathol for adult dogs and Thiopental Introperitoneal for puppies by a qualified veterinarian or euthanised in any other humane manner approved by Animal Welfare Board of India. No dog shall be euthanised in the presence of another dog. The person responsible for euthanising shall make sure that the animal is dead, before disposal.

10.Furious or dumb rabid dogs:

In these rules, unless the context otherwise requires,

1. On the receipt of complaints from the public to the Dog Control Cell of the Local Authority or on its own, the dog squad of the Local Authority would catch such dogs, suspected to be rabid.

2. The caught dog would then be taken to the pound where it would be isolated in an isolation ward.

3. The suspected rabid dog would then be subjected to inspection by a panel of two persons i.e.

(i). A veterinary surgeon appointed by the Local Authority and

(ii). A representative from an Animal Welfare Organisation

4. If the dog is found to have a high probability of having rabies it would be isolated till it dies a natural death. Death normally occurs within 10 days of contracting rabies. Premature killings of suspected rabid dogs therefore prevents the true incidence of rabies from being known and appropriate action being taken.

5. If the dog is found not to have rabies but some other disease it would be handed over to the AWOs who will take the necessary action to cure and rehabilitate the dog.

g. "Veterinary doctor" means a person who holds a degree of a recognized veterinary college and is registered with the Indian Veterinary Council.

11.Disposal of Carcasses:

The carcasses of such euthanised dogs shall be disposed of in an incinerator to be provided by the local authority.

12.Classification of dogs and their Sterilization:

(i). A breeder must be registered with Animal Welfare Board of India.

(ii). Breeder must maintain full record of the number of pups born/died from individual bitches.

(iii). Breeder must maintain record of the person buying the pups. He should ensure that the buyer has the required knowledge for the upkeep of the pups.

13.Application of rules where local bye-laws etc., exist:

If there is in force in any area to which these rules extend, any Act , rule, regulation or bye-law made under any law for the time being in force by the State or the Local Authority in respect of any of the matters for which provision is made in these rules, such rule, regulation or bye-law shall to the extent to which

a. it contains provisions less irksome to the animal than those contained in these rules, shall prevail;

b. it contains provisions more irksome to the animal than those contained in these rules, be of no effect.

- he shall be punishable, (in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisionment for a term which may extend to three months or with both).

People For Animals, Nagaon

Respecting Every Life......................