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Prevention of Cruelty to Animals Act, 1960 Preamble 1

Title: Prevention of Cruelty to Animals Act, 1960

State: Central

Year: 1960

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 [Act, No. 59 of 1960] [26th December, 1960] PREAMBLE 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:--

The Prevention of Cruelty to Animals Act, 1960 Complete Act

State: Haryana

Year: 1960

.....under the circumstances. (2) No order under sub section (1) shall be made unless it is shown by evidence as to a -previous conviction under this Act or as to the character of the owner or otherwise as to the treatment of the animal that the animal if left with the owner, is likely to be exposed to further cruelty. (3) without prejudice to the provision contained in sub-section (1), the court may also order that a person convicted of an offence under this Act shall, either permanently or during such period as is fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or as the court thinks fit of any animal of any kind or species specified in the order. (4) No order under sub-section (3) shall be made unless (a) it is shown by evidence as to a previous conviction or as to the character of the said person or otherwise as to the treatment of the animal in relation to which he has been convicted that an animal in the custody of the said person is likely to be exposed to cruelty; (b) it is stated in the complaint upon which the conviction was made that it is the intention of the complaint upon the conviction of the accused to request.....

The Prevention of Cruelty to Animals Act, 1960 Complete Act

State: Central

Year: 1960

.....fit under the circumstances. (2) No order under sub-section (1) shall be made unless it is shown by evidence as to a previous conviction under this Act or as to the character of the owner or otherwise as to the treatment of the animal that the animal, if left with the owner, is likely to be exposed to further cruelty. (3) Without prejudice to the provisions contained in sub-section (1), the court may also order that a person convicted of an offence under this Act shall, either permanently or during such period as is fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or, as the court thinks, fit, of any animal of any kind whatsoever, or as the court thinks fit, of any animal of any king or species specified in to order. (4) No order under sub-section (3) shall be made unless- (a) it is shown by evidence as to a previous conviction or as to the character of the said person or otherwise as to the treatment of the animal in relation to which he has been convicted that an animal in the custody of the said person is likely to be exposed to cruelty; (b) it is stated in the complaint upon which the conviction was made that it is the.....

Prevention of Cruelty to Animals Act, 1960 Chapter VI

Title: Miscellaneous

State: Central

Year: 1960

.....in certain cases If any person is charged with the offence of killing a goat, cow or its progeny contrary to the provisions of clause (1) of sub-section (1) of section 11, and it is proved that such person had in his possession, at the time the offence is alleged to have been committed, the skin of any such animal as is referred to in this section with any part of the skin of the head attached thereto, it shall be presumed until the contrary is proved that such animal was killed in a cruel manner. Section 31 - Cognizability of offences Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an offence punishable under clause (1), clause (n) or clause (oj of sub-section (1) of section II or under section 12 shall be a cognizable offence within the meaning of that Code. Section 32 - Powers of search and seizure (1) If a police officer not below the rank of sub- inspector or any person authorised by the State Government in this behalf has reason to believe that an offence under clause (1) of sub-section (1) of section 11 in respect of any such animal as is referred to in section 30 is being or is about to be, or has been, committed in any.....

Prevention of Cruelty to Animals Act, 1960 Section 5A

Title: Reconstitution of the Board

State: Central

Year: 1960

.....is to take effect, are members of the Board but such persons shall hold office only for the unexpired portion of the term for which they would have held office if such reconstitution had not been made and the vacancies arising as a result of their ceasing to be members of the Board shall be filled up as casual vacancies for the remaining period of the term of the Board as so reconstituted: Provided that nothing in this sub-section shall apply in relation to any person who ceases to be a member of the Board by virtue of the amendment made in subsection (1) of section 5 by sub-clause (ii) of clause (a) of section 5 of the Prevention of Cruelty to Animals (Amendment) Act, 1982.] _________________________ 1. Inserted by Act 26 of 1982, section 6 (w.e.f. 30-7-1982)

Prevention of Cruelty to Animals Act, 1960 Section 29

Title: Power of Court to Deprive Person Convicted of Ownership of Animal

State: Central

Year: 1960

.....be forfeited to Government and may, further, make such order as to the disposal of the animal as it thinks fit under the circumstances. (2) No order under sub-section (1) shall be made unless it is shown by evidence as to a previous conviction under this Act or as to the character of the owner or otherwise as to the treatment of the animal that animal, if left with the owner, is likely to be exposed to further cruelty. (3) Without prejudice to the provisions contained in sub-section (1), the court may also order that a person convicted of an offence under this Act shall, either permanently or during such period as is fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or, as the court thinks fit, of any animal of any kind or species specified in the order. (4) No order under sub-section (3) shall he made unless-- (a) ii is shown by evidence as to a previous conviction or as to the character of the said person or otherwise as to the treatment of the animal in relation to which he has been convicted that an animal in the custody of the said person is likely to be exposed to cruelty; (b) it is staled in the complaint upon.....

Prevention of Cruelty to Animals Act, 1960 Section 38

Title: Power to Make Rules

State: Central

Year: 1960

.....discharge their functions; 2 [(aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5;] (b) the maximum load (including any load occasioned by the weight of passengers) to be carried or drawn by any animal; (c) the conditions to be observed for preventing the over-crowding of animals; (d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes; (e) prohibiting the use of any bit or harness involving cruelty [o animals; 2 [(ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section II; (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 purposes; (g) the precautions to be taken in the capture of animals for purposes of safe, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the.....

Prevention of Cruelty to Animals Act, 1960 Section 5

Title: Constitution of the Board

State: Central

Year: 1960

.....of Parliament, four to be elected by the House of the People (Lok Sabha) and two by the Council of States (Rajya Sabha). (2) Any of the persons referred to in clause (a) or 3 [clause (b) or clause (ba) or clause (bb)] of sub-section (1) may depute any other person to attend any of the meetings of the Board. 4 [(3) 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.] _________________________ 1. Substituted by Act 26 of 1982, section 5 (w.e.f. 30-7-1982) 2. Substituted by Act 26 of 1982, section 5, for clause (e) (w.e.f. 30-7-1982). 3. Substituted by Act 26 of 1982, section 5, for "clause (b)" (w.e.f. 30-7-1982). 4. Substituted by Act 26 of 1982, section 5, for sub-section (3) (w.e.f. 30-7-1982)

Prevention of Cruelty to Animals Act, 1960 Section 35

Title: Treatment and Care of Animals

State: Central

Year: 1960

.....by the veterinary officer in charge of the area in which the infirmary is situated or such other veterinary officer as may be authorised in this behalf by rules made under this Act. (4) The cost of transporting the animal to an infirmary or pinjrapole, and of its maintenance and treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of rates to be prescribed by the district magistrate, or, in presidency-towns, by the commissioner of police: Provided that when the magistrate so orders on account of the poverty of the owner of the animal, no charge shall be payable for the treatment of the animal. (5) Any amount payable by an owner of an animal under sub-section (4) may be recovered in the same manner as an arrear of land revenue. (6) If the owner refuses or neglects to remove the animal within such time as a magistrate may specify, the magistrate may direct that the animal be sold and that the proceeds of the sale be applied to the payment of such cost. (7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner within two months from the date of the sale, be paid to him.

Prevention of Cruelty to Animals Act, 1960 Chapter I

Title: Preliminary

State: Central

Year: 1960

.....tamed to servesome purpose for the use of man or which, although it neither has been nor isbeing nor is intended to be so lamed, is or has become in fact wholly or partlytamed; (e) "local authority" means amunicipal committee, district board or other authority for the time beinginvested by law with the control and administration of any matters within aspecified local area; (f) "owner", used with reference toan animal, includes not only the owner but also any other person for thetime being in possession or custody of the animal, whether with or without theconsent of the owner; (g) "phooka"or "doom dev" includes any process of introducing air or any substanceinto the female organ of a milch animal with the object of drawing off from theanimal any secretion of milk; (h) "prescribed" means prescribe byrules made under this Act; (i) "street" includes any way, road,lane, square, court, alley, passage or open space, whether a thoroughfareor not, to which the public have access. _________________________ 1.Substituted, by Act 26 of 1982, section.2, for clause(b) (w.e.f. 30-7-1982). Section 3 - Duties of persons having charge of animals It shall he the duty of every.....