THE PREVENTION OF CRUELTY TO ANIMALS ACT,.pptx

THE PREVENTION OF CRUELTY TO
ANIMALS ACT, 1960
Presented by:
Mahewash Sana A. Pathan

Contents:
• Objective
• Definition
• Animal welfare board of India
• Experimentation on animals
• Committee for experimentation on animals
• Power of entry and inspection
• Power to prohibit experiments on animals
• penalties

Objective:
• 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.
• This Act may be called the Prevention of Cruelty to Animals Act, 1960.
• It extends to the whole of India.
• It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint, and different dates 2 may be
appointed for different States and for the different provisions contained in
this Act.

Definitions:
• “Animal” means any living creature other than a human being.
• “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.

ANIMAL WELFARE BOARD OF INDIA:
Establishment of Animals Welfare Board of India.―
(1) For the promotion of animal welfare generally and for the purpose of
protecting animals from being subjected to unnecessary pain or suffering, in
particular, there shall be established by the Central Government, as soon as
may be after the commencement of this Act, a Board to be called the [Animal
Welfare Board of India].
(2) The Board shall be a body corporate having perpetual succession and a
common seal with power, subject to the provisions of this Act, to acquire, hold
and dispose of property and may by its name sue and be sued.

• Constitution of the Board:
(A) Ex-officio members:
1. the Inspector-General of Forests, Government of India
2. the Animal Husbandry Commissioner to the Government of India
(a) two persons to represent respectively the Ministries of the Central Government dealing with home affairs and education, to be appointed
by the Central Government;
(b) one person to represent the Indian Board for Wild Life, to be appointed by the Central Government;
(c) three persons who, in the opinion of the Central Government, are or have been actively engaged in animal welfare work and are well-
known humanitarians, to be nominated by the Central Government.
3. one person to represent such association of veterinary practitioners as in the opinion of the Central Government ought to be represented
on the Board, to be elected by that association in the prescribed manner;
4. two persons to represent practitioners of modern and indigenous systems of medicine, to be nominated by the Central Government;
5. one person to represent each of such two municipal corporations as in the opinion of the Central Government ought to be represented
on the Board, to be elected by each of the said corporations in the prescribed manner.
6. one person to represent each of such three organizations actively interested in animal welfare as in the opinion of the Central Government
ought to be represented on the Board, to be chosen by each of the said organizations in the prescribed manner
7. one person to represent each of such three societies dealing with prevention of cruelty to animals as in the opinion of the Central
Government ought to be represented on the Board, to be chosen in the prescribed manner
8. three persons to be nominated by the Central Government
9. six members of Parliament, four to be elected by the House of the People (Lok Sabha) and two by the Council of States (Rajya Sabha)
(B) The Central Government shall nominate one of the members of the Board to be its Chairman and another member of the Board to be its
Vice-Chairman.

• Term of office and conditions of service of members of the Board:
(1) The term for which the Board may be reconstituted under section 5A shall be three years from the date of the reconstitution and the
Chairman and other members of the Board as so reconstituted shall hold office till the expiry of the term for which the Board has been
so reconstituted.
(2) Notwithstanding anything contained in sub-section (1),―
(a) the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member;
(b) the term of office of a member elected or chosen under clause (c), clause (e), clause (f), clause (g), clause (h) or clause (i) of section 5 to
represent any body of persons shall come to an end as soon as he ceases to be a member of the body which elected him or in respect
of which he was chosen;
(c) the term of office of a member appointed, nominated, elected or chosen to fill a casual vacancy shall continue for the remainder of the
term of office of the member in whose place he is appointed, nominated, elected or chosen;
(d) the Central Government may, at any time, remove for reasons to be recorded in writing a member from office after giving him a
reasonable opportunity of showing cause against the proposed removal and any vacancy caused by such removal shall be treated as
casual vacancy for the purpose of clause (c).
(3) The members of the Board shall receive such allowances, if any, as the Board may, subject to the previous approval of the Central
Government, provide by regulations made in this behalf.
(4) No act done or proceeding taken by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in
the constitution of, the Board and in particular, and without prejudice to the generality of the foregoing, during the period intervening
between the expiry of the term for which the Board has been reconstituted under section 5A and its further reconstitution under that
section, the ex officio members of the Board shall discharge all the powers and functions of the Board.]

• Functions of the Board.―
The functions of the Board shall be―
(a) to keep the law in force in India for the prevention of cruelty to animals under
constant study and advise the Government on the amendments to be undertaken in
any such law from time to time;
(b) to advise the Central Government on the making of rules under this Act with a view to
preventing unnecessary pain or suffering to animals generally, and more particularly
when they are being transported from one place to another or when they are used as
performing animals or when they are kept in captivity or confinement;
(c) to advise the Government or any local authority or other person on improvements in
the design of vehicles so as to lessen the burden on draught animals;
(d) to take all such steps as the Board may think fit for 2[amelioration of animals] by
encouraging, or providing for, the construction of sheds, water-troughs and the like
and by providing for veterinary assistance to animals;
(e) to advise the Government or any local authority or other person in the design of
slaughter-houses or in the maintenance of slaughter-houses or in connection with
slaughter of animals so that unnecessary pain or suffering, whether physical or
mental, is eliminated in the pre-slaughter stages as far as possible, and animals are
killed, wherever necessary, in as humane a manner as possible.

(g) to encourage, by the grant of financial assistance or otherwise 1[the formation or establishment of
pinjrapoles, rescue homes, animal shelters, sanctuaries and the like] where animals and birds may find a
shelter when they have become old and useless or when they need protection;
(h) to co-operate with, and co-ordinate the work of, associations or bodies established for the purpose of
preventing unnecessary pain or suffering to animals or for the protection of animals and birds;
(i) to give financial and other assistance to animal welfare organizations functioning in any local area or to
encourage the formation of animal welfare organizations in any local area which shall work under the
general supervision and guidance of the Board;
(j) to advise the Government on matters relating to the medical care and attention which may be
provided in animal, hospitals and to give financial and other assistance to animal hospitals whenever the
Board thinks it necessary to do so;
(k) to impart education in relation to the humane treatment of animals and to encourage the formation
of public opinion against the infliction of unnecessary pain or suffering to animals and for the promotion
of animal welfare by means of lectures, books, posters, cinematographic exhibitions and the like;
(l) to advise the Government on any matter connected with animal welfare or the prevention of infliction
of unnecessary pain or suffering on animals.

EXPERIMENTATION 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 will 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.

• 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) to take all such measures as may be necessary to ensure that animals are not subjected 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.
(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 therefor 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 anesthetics, 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 or 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 that section;
he shall be punishable with fine which may extend to two hundred
rupees, and, when the contravention or breach of condition has taken
place in any institution, the person in charge of the institution shall be
deemed to be guilty of the offence and shall be punishable accordingly.

THE PREVENTION OF CRUELTY TO ANIMALS ACT,.pptx

More Related Content

What's hot

Similar to THE PREVENTION OF CRUELTY TO ANIMALS ACT,.pptx

More from Mahewash Sana Pathan

Recently uploaded

THE PREVENTION OF CRUELTY TO ANIMALS ACT,.pptx