The document discusses various laws and rules related to the prevention of cruelty to animals in India. It outlines offenses under the Prevention of Cruelty to Animals Act 1960 such as cruelty, maiming, bestiality, and phooka. It also summarizes rules for the transportation of animals, licensing of premises housing animals, animal birth control for dogs, and operation of slaughterhouses. The key aim of these laws and rules is to promote humane treatment of animals and prevent the infliction of unnecessary pain or suffering.
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Prevention of cruelty to animals
1. Dr Niladri Sekhar Roy (B.L.D.O., Onda)
And
Dr. Sharadindu Shil (V.O., ABAHC, Ratanpur)
2. Cruelty
• This offence includes basting, overloading, using a
diseased animal for work, starvation, “phuka” etc.
These acts are punishable under the prevention of
cruelty to animals act, 1960.
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3. Includes killing, poisoning or maimingMischief
• Poisoning by Datura Leaves, seeds of yellow oleander, snake venoms, aconite root.
• Punishable under Sections 428 and 429 IPC.
Making an animal permanently useless by violenceMaiming
• Fracture of bone, cutting tendons of leg & neck.
• Injury to udder, tearing of vagina or rectum.
• Punctured wounds.
Carnal intercourse against the order of natureBestiality
• Common belief that intercourse with she donkey is remedial for gonorrhoea.
• Little opportunity for natural intercourse, mental abnormality are reasons.
• Punishable under Section 377 IPC.
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5. The Prevention of
Cruelty To Animals
Act, 1960 (59 of
1960)
A. Establishment And Regulation of Societies
For Prevention of Cruelty To Animal Rules,
2001
B. The Prevention of Cruelty to Draught and
Pack Animals Rules, 1965 (As Amended Up To
9/12/1968)
C. The Prevention of cruelty to animals
(licensing of farriers) rules, 1965
D. Performing Animals Rules, 1973
E. Transport of Animals, Rules, 1978
F. Transport of Animals (Amendment) Rules,
2001
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G. Transport of
Animals (on Foot)
Rules, 2001
H. (Application of
Fines) Rules, 1978
I. (Registration of
Cattle Premises)
Rules,1978
J. (Capture of
Animals) Rules,
1979
K. Animal Birth
Control (Dogs)
Rules, 2001
L. Slaughter House
Rules, 2001
6. It extends to the whole of India except the State of Jammu and Kashmir.
“Animal" means any living creature other than a human being.
It shall be the duty of every person having the care or charge of any
animal to take all reasonable measures to ensure the well-being of such
animal and to prevent the infliction upon such animal of unnecessary pain
or suffering.
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7. If any person
a) Beats, kicks, over-rides, over-drives, over-loads, tortures subject
animals to unnecessary pain or suffering;
b) Employs in any work or labour or for any purpose any animal
which, by any reason is unfit to be so employed or, being the
owner, permits any such unfit animal to be employed;
c) Wilfully and unreasonably administers or attempts to cause any
injurious drug or injurious substance to be taken by any animal;
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.
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8. e) Keeps or confines any animal in any cage of insufficient height, length
and breadth to permit the animal a reasonable opportunity for movement;
f) Being the owner of (any animal) fails to provide such animal with
sufficient food, drink or shelter;
g) Without reasonable cause, abandons any animal in circumstances which
tender it likely that it will suffer pain by reason of starvation thirst;
h) Wilfully 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.
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9. i) 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;
J) Organises, keeps uses or acts in the management or, 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 purposes; -
COCK FIGHTING
k) 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.
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10. Forceful blowing of air or injection of doom dev. Substance into a
cow's vagina (or sometimes anus) is applied to induce her to
produce more milk.
If any one does or permits Phooka, he/she shall be punishable with
fine 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.
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13. Sent to a
Pinjrapole
Animals
concerned
Treated and
cared for in
an infirmary
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Veterinary Officer in charge of
the area authorised in this
behalf by rules made under
this Act certifies that it is
incurable or cannot be
removed without cruelty, that
it shall be destroyed
Released upon
a certificate of
its fitness
Released upon
a certificate of
its fitness
14. District SPCA aids Govt., AWB and local authority in enforcing
the provisions of the act.
SPCA or its authorized personnel may seize an animal, stop any
vehicle to conduct enquiry if offence is committed to be believed.
Infirmaries, pinjrapole and animal shelters are must for every
district under district SPCA.
These should have full time veterinary doctor & other staffs for
effective running.
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16. Board may authorise any organisation established to issue to the
owners of any vehicle which may be brought before it for
examination, a certificate as to its un laden weight.
Police officer above the rank of a constable, may take the owner
or other person in charge of such animal to take the animal or the
vehicle or both to the weigh bridge for the purpose of determining
the weight. of the load which the animal has been or is drawing or
carrying.
No owner should use an animal to draw vehicle/ carry load-
a) For more than nine hours in a day in the aggregate.
b) For more than five hours continuously without a break for rest
for the animal.
c) In any area where the temperature exceeds 37C (99'F) during the
period between12.00 noon and 3.00 p.m.
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17. 2/1/2017 17
Transport of Cattle:-
A valid certificate by a
qualified veterinary surgeon
that -
• the cattle are in a fit condition
to travel by rail or road and
are not suffering from any
infectious or contagious or
parasitic diseases .
• They have been vaccinated
against Rinderpest and any
other infectious or
contagious or parasitic
diseases, shall accompany
each consignment
By Rail/ Railway Wagon
Avg. space/cattle >2 sqm.
• Suitable loading/unloading
platform
• Should be loaded after proper
watering and feeding.
• Sufficient feed & water to be
carried during journey.
• Adequate ventilation should
be ensured.
• Ordinary wagon shouldn’t
contain more than 10 cattle/15
calves on broad gauge.
• Each other facing of cattle in
wagon.
• Cattle wagon at the middle of
train.
• Night journey
By Goods Vehicle
• Specially fitted with goods
vehicle and padding around
side.
• Anti slipping material, coir
material should be there.
• Not more than 6 cattle in a
vehicle.
• Engine facing cattle.
• One attendant per vehicle.
21. A fitness certificate by a veterinary doctor, during transportation.
New born animals of which the navel has not completely healed, diseased,
blind, emaciated, lame, fatigued, or having given birth during the preceding
seventy two hours not to be.
First aid equipment to accompany animals transported on foot.
Watering arrangement during transportation of animals.
Feed and fodder arrangements during transportation of animals.
Prohibition of the use of whip, etc. during transportation of animals on foot.
Transportation of animals in certain cases not permitted without shoes.
Power of Police to require the owner to take animal to nearest Magistrate.
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22. Species
(Animal)
Maximum
distance
covered/day/h
r.
Maximum no.
of walking/day
of hours
(Travelling)
Period of rest (interval) Temperature
range
Min Max.
Cattle (Cows) 30 km/day
4 km/hr
8 hours At every 2hours for
drinking and at every
4 hr. for feeding
12C to 30C
Buffaloes 25 km/day
3 km/hr
8 hours At every 2 hours for
drinking a no at every
4 hr for feeding
12 C to 30C
Cows and
Buffaloes
Calves
16 km/day
2.5 km/hr
6 hours At every 1½ hr for drinking and at
every
3 hrs. for feeding
15C to 25C
Goats and
Sheep
30 km/day
4 km/hr
8 hours At every 2 hrs. for
drinking and at every
4 hrs. for feeding
12C to 30C
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23. Every person owning more than 5 animals for profit should
register their premise.
Application should contain information regarding floor type, floor
space, ventilation, water & feed supply, drainage, disposal &
boundary wall.
Every premises registered should be inspected by Veterinary
Officer or authorized State Govt. personnel at any time.
If any premise is not maintained as per rules its licence may be
cancelled vide standing order of the inspecting authority.
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24. The owner of pet dogs shall be responsible for the controlled
breeding, immunization, sterilization and licensing.
The street dogs shall be sterilized and immunized by participation
of animal welfare organizations, private individuals and the local
authority.
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25. Establishment of a sufficient number of dogs pounds including animal
kennels/shelters.
Requisite number of dog vans with ramps for the capture and
transportation of street dogs.
One driver and two trained dog catchers to be provided for each dog
van.
An ambulance cum clinical van to be provided as mobile centre for
sterilisation and immunization.
Incinerators to be installed by the local authority for disposal of
carcasses.
Periodic repair of shelter or pound.
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26. 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.
Each member of the dog squad shall carry, a valid identity card issued
by the local authority.
All the dogs caught will be tagged for identification purposes.
The dogs shall be captured by using humane methods such as lassoing
or soft-loop animal catchers.
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
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27. Healthy and sick dogs should be segregated in kennel.
Sick dogs should be given proper treatment and only after they are
treated they should be sterilized and vaccinated.
At a time only one lot of dogs shall be brought for sterilization,
immunization.
The dog kennel must have sufficient space for proper housing and
free movement of dogs.
Female dogs found to be pregnant shall not undergo abortion.
Incurably ill and mortally wounded dogs as diagnosed by a qualified
veterinarian appointed by the committee shall be euthanized during
specified hours in a humane manner by administering sodium
pentathol for adult dogs and Thiopental Intro-peritoneal for puppies
by a qualified veterinarian
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29. Notwithstanding any thing in any other law for the time being in
force or in any usage to the contrary, no person shall slaughter any
animal unless he has obtained in respect thereof a certificate under
subsection (2) or sub-section (3) that the animal is fit for slaughter.
The President of municipality or a Panchayat Samiti, as the case
may be, and the Veterinary Surgeon may issue a certificate under
their joint signatures that an “animal is fit for slaughter if they are
both of opinion (which shall be recorded) that—
(a) the animal is over fourteen years of age and unfit for work or
breeding, or
(b) the animal has become permanently incapacitated from work
or breeding due to age, injury, deformity or any incurable disease.
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31. The matter shall be referred to the Veterinary Officer when there is a
difference of opinion between the President of a municipality or a
Panchayat Samiti, as the case may be, and the Veterinary Surgeon and
a certificate shall be issued or refused according as the Veterinary
Officer is of opinion that the animal is fit to be slaughtered or is not
so fit.
No animal in respect of which a certificate has been issued under
section 4 shall be slaughtered in any place other than a place
prescribed in this behalf.
The President of a municipality or a Panchayat Samiti, as the case
may be, or the Veterinary Surgeon or any person authorised by the
Veterinary Assistant Surgeon in writing in this behalf shall have
power to enter and inspect any premises within the local limits of his
jurisdiction where he has reason to believe that an offence under this
Act has been or is likely to be committed.
Prohibiting them may charge the prohibitors six month jail or 1000
rupees fine or both.
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32. Slaughterhouse’ as a place wherein 10 or more than 10 animals are
slaughtered per day and is duly licensed or recognized under a
Central, State or Provincial Act.
Prohibits slaughtering of any animal –
a) Which is pregnant or Has an offspring less than three months
old.
b) The animal which is under the age of three months or
c) Which has not been certified by a Veterinary Doctor that it is in
a fit condition to be slaughtered.
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33. No animals can be slaughtered in slums, in roadside meat shops or
in dhabas or in private houses.
There should be adequate number of veterinary doctors.
If there is a Municipal Authorised slaughterhouse then there can
be no private slaughterhouse and no licence can be issued to such
slaughterhouses, as they are illegal.
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34. The slaughterhouse shall have a reception area of adequate size sufficient
for livestock subject to veterinary inspection.
The veterinary doctor after examining the animal shall issue a fitness
certificate for each animal.
The veterinary doctor shall examine thoroughly not more than 12
animals in an hour and not more than 96 animals in a day
The reception area of slaughter house shall have proper ramps for direct
unloading of animals with adequate facility sufficient for feeding and
watering of animals
Separate isolation pens for animals suspected to be suffering from
contagious and infectious diseases, and fractious animals.
Adequate holding area shall be provided in slaughterhouse according to
the class of animals to be slaughtered.
Ante-mortem (before death) and pen area shall preferably be covered and
shall be paved with material such as concrete non slippery.
Suitable drainage facilities shall be provided around the borders of the
area except at the entrances.
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35. This Act prohibits injury to any wild animal, which is considered
to be government property, under section 39. The definition of an
“animal” in the Act includes amphibians, birds, reptiles and
mammals and their young.
In the case of bird and reptiles, even their eggs are included in this
category. Section 51 of the Act provides the penalty for the person
guilty of an offence under this Act.
The accused on conviction, will be punishable with imprisonment
for a term of three years or with fine of twenty- five thousand
rupees or with both.
And in the case of a second or subsequent offence, the term of
imprisonment will be seven years with fine of ten thousand
rupees.
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36. No Indian birds can be legally kept under the Wildlife Protection
Act, 1972. Only exotic species can be kept if seller have import
lisence from CITES Bureau.
Keeping that too in short cages is cruelty and the person is liable
to be arrested,
Section 57 of W.P.A raises a legal presumption that if a person is
in possession, custody or control of any captive animal (including
wild birds), it shall be presumed that such a person is not in
lawful possession of such a captive animal.
Hence, a person selling a wild bird in the local market is guilty of
the offence of ‘hunting’ and is liable to be punished with
imprisonment for a term, which may extend to three years as
stipulated under Section 51 of the WPA.
The madaris can be arrested on the spot, and the animal/ snake
confiscated and handed over to the Wildlife Dept, Zoo or a Local
Animal Welfare Shelter.
Person recruiting the madari and langur is to be arrested under the
same laws as the madari.
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37. Live and let live.
Imposing of welfare activities from the grassroots level
to the upper level of the appropriate administration.
Increasing the awareness regarding existing rules (to
save the domestic and wildlife around) and their
amendments along with other administrative personnel.
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"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;
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.