Prevention Of Cruelty To Animals Act 1960
(59 OF 1960)
Statement of Objects and Reasons :
Chapter I :
Preliminary :
Section 1 :
Short title, extent and commencement :
The Committee for the prevention of cruelty to animals appointed by the Government of India drew attention to a number of deficiencies in the Prevention of Cruelty to Animals Act, 1890 (Central Act 11 of 1890) and suggested its replacement by a more comprehensive Act. The existing Act has a restricted scope as:-
(1) it applies only to urban areas within municipal limits;
(2) it defines the term “animal” as meaning any domestic or captured animal and, thus, contains no provision for prevention of cruelty to animals other than domestic and captured animals;
(3) it covers only certain specified types of cruelty to animals; and
(4) penalties for certain offences are inadequate.
This Bill is intended to give effect to those recommendations of the Committee which have been accepted by the Government of India and in respect of which Central legislation can be undertaken. The existing Act is proposed to be repealed.
Besides declaring certain type of cruelty to animals to be offences and providing necessary penalties for such offences and making some of the more serious of them cognizable, the Bill also contains provisions for the establishment of an Animal Welfare Board with the object of promoting measures for animal welfare.
Provision is also being made for the establishment of a Committee to control experimentation on animals when the Government, on the advice of the Animal Welfare Board, is satisfied that it is necessary to do so for preventing cruelty to animals during experimentation. The Bill also contains provisions for licensing and regulating the training and performance of animals for the purpose of any entertainment to which the public are admitted through sale of tickets.
Amendment Act 26 of 1982-Statement of Objects and Reasons :
The Prevention of Cruelty to Animals Act, 1960 was enacted in 1960 to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend and codify all laws relating to the Prevention of Cruelty to Animals. Keeping in view the experience gained in the working of the Act for the last twenty years, it is considered necessary to amend the Act so as to better achieve the purposes thereof.
2. The more important amendments which are proposed to be made are the following:-
(a) The name of the Board is proposed to be changed as the Animal Welfare Board of India to reflect the national character of the Board (vide clause 4).
(b) The composition of the Board is being altered for giving representation to well known humanitarians engaged in animal welfare work and to the Ministries of Home Affairs and Education and the Indian Board for Wild Life. At the same time the number of Members representing municipal corporations is being reduced from five to two. As a result of these changes the Board will have 28 Members instead of 25 Members as at present. In order to ensure that the same team continues for a period of three years, provision is being made for the reconstitution of the Board on the expiry of every third year (vide clauses 5, 6 and 7).
(c) The function of the Board under clause (d) of section 9 which is confined at present to ameliorating the condition of beasts of burden is being widened so as to cover amelioration of all animals and the function under clause (g) of the section relating to the grant of financial assistance for the formation of pinjrapoles, sanctuaries and the like is being amplified to cover expressly rescue homes for animals and animal shelters (vide clause 9).
(d) Section 11 relating to punishment for treating animals cruelly is proposed to be modified to cover certain additional cases of cruelty and also to provide for a minimum punishment by way of fine for treating animals cruelly (vide clause 10).
(e) Section 12 of the Act provides for penalty for practising phooka or doom dev upon any cow or other milch animal. This section is being amended to make other operations to improve lactation (including injection of any substance) which are injurious to the health of such animals punishable (vide clause 11).
(f) With a view to enabling the Committee for control and supervision of experiments on animals to function more effectively a new section is proposed to be included for enabling the Committee to constitute sub-Committees for exercising any of its powers or discharging any of the duties or for enquiring into or reporting and advising on any matters referred to them by the Committee (vide clause 13).
(g) Section 38 relating to the power to make rules is being amended inter alia to provide for the fees which may be charged by the Committee for control and supervision of experiments on animals for the registration of institution for which such experiments are carried on (vide clause 16).
3. The Bill seeks to achieve the above objects.
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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:
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(1) This Act may be called The Prevention of Cruelty to Animals Act, 1960.
(2) It extends to the whole of India.1.[***]
(3) It shall come into force on such 2.()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 provisions contained in this Act.
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1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).
1. 1.4.1961, vide Notification No.S.O.823, dated the 1st April, 1961, in respect of the State of Punjab and the Union territory of Andaman and Nicobar Island, see Gazette of India 1961, Part II, section 3(ii).
1.9.1961, vide Notification No. S.O. 2061, dated the 25th August, 1961, for Chapters I and II in respect of the States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Uttar Pradesh and West Bengal and the Union territories of Delhi, Manipur and Tripura, see Gazette of India, 1961, Part II, section 3(ii).
2.10.1961, vide Notification No. S.O. 2286, dated 15th September 1961, Chapters I and II in respect of the Union territory of Himachal Pradesh, Gazette of India, Part II, section 3(ii).
26.1.1962, vide Notification No. S.O. 21, dated 28th December, 1961, provisions of Chapters I and II in respect of the State of Rajasthan, see Gazette of India, Part II, section 3(ii).
15.7.1963, vide Notification No. S.O. 2000, dated 11th July, 1963, Chapter IV in respect of the States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Rajasthan, Uttar Pradesh and West Bengal and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, see Gazette of India, Part II, section 3(ii).
20.11.1963, vide Notification No. S.O. 3160, dated 29th October, 1963, Chapters III and VI in respect of the States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Rajasthan and Uttar Pradesh and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, see Gazette of India. Part II, section 3(ii).
24.5.1977, vide Notification No. S.O. 1902, dated 24th May 1977, provisions of Chapter V in respect of all the States and the Union territories to which this Act extends (except the State of Jammu and Kashmir).
This Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, section 3 and Schedule and comes into force in Pondicherry vide Reg. 7 of 1963, section 3 and Schedule I (w.e.f. 1-10-1963). and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, section 2 and Schdule I (w.e.f. 1-7-1965).
