भारतीय
संविधान Constitution of India
51A. Fundamental duties.—It shall be the duty of every citizen of India—
(a) to abide by the Constitution
and respect its ideals and institutions, the National Flag and the National
Anthem;(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom;(c) to uphold and protect the sovereignty, unity and
integrity of India;(d) to defend the country and render national service
when called upon to do so;(e) to promote harmony and the spirit of common
brotherhood amongst all the people of India transcending religious,
linguistic andregional or sectional diversities; to renounce practices
derogatory to the dignity of women;(f) to value and preserve the rich heritage
of our composite culture;(g) to protect and improve the natural
environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;(h) to develop the scientific temper, humanism
and the spirit of inquiry and reform;(i) to safeguard public property and to
abjure violence;(j) to strive towards excellence in all spheres of individual
and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement; (k) who is a parent or guardian to provide opportunities
for education to his child or, as the case may be, ward between the age
of six and fourteen years.
47. Duty of the State to raise the level of nutrition and
the
standard of living
and to improve public health.—The State shall regard the raising of the level of
nutrition and the standard of living of its people and the improvement of
public health as among its primary duties and, in particular, the State shall
Endeavour to bring about prohibition of the consumption except for medicinal purposes
of intoxicating drinks and of drugs which are injurious to health.
48. Organisation of agriculture and animal husbandry.—The State shall
endeavour to organise agriculture and animal husbandry on modern and scientific
lines and shall, in particular, take steps for preserving and improving the
breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.
48A. Protection and improvement of environment and
safeguarding of forests and wild life.—The State
shall Endeavour
to protect and improve the environment and to safeguard the forests and wild
life of the country.
केन्द्रीय विधि विधान - नियम
The Code of Criminal Procedure, 1973 (Cr.Pc)
Code 43.Arrest by private person and procedure on such arrest(1) Any private person
may arrest or cause to be arrested any person who in his presence commits a
non-bailable and cognizable offence, or any proclaimed offender, and, without
unnecessary delay, shall make over or cause to be made over any person so
arrested to a police officer, or, in the absence of a police officer, take such
person or cause him to be taken in custody to the nearest police station.
(2) If
there is reason to believe that such person comes under the provisions of
section 41, a police officer shall re-arrest him.
(3) If
there is reason to believe that he has committed a non-cognizable offence, and
he refuses on the demand of a police officer to give his name and residence, or
gives a name or residence which such officer has reason to believe to be false,
he shall be dealt with under the provisions of section 42; but if there is no
sufficient reason to believe that he has committed any offence, he shall be at
once released.
154. Information in cognizable cases.
(1)
Every information relating to the commission of a cognizable offence, if given
orally to an officer in charge of a police station, shall be reduced to writing
by him or under his direction, and be read over to the informant; and every
such information, whether given in writing or reduced to writing as aforesaid,
shall be signed by the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as the State
Government may prescribe in this behalf.
(2) A
copy of the information as recorded under sub-section (1) shall be given
forthwith, free of cost, to the informant.
(3) Any person, aggrieved by a refusal on the part
of an officer in charge of a police station to record the information referred
to in sub-section (1) may send the substance of such information, in writing
and by post, to the Superintendent of Police concerned who, if satisfied that
such information discloses the commission of a cognizable offence, shall either
investigate the case himself or direct an investigation to be made by any
police officer Subordinate to him, in the manner provided by this Code, and
such officer shall have all the powers of an officer in charge of the police
station in relation to that offence.
Section 156 in The
Code Of Criminal Procedure, 1973
156. Police officer' s
power to investigate cognizable case.
(1) Any officer in charge of a police
station may, without the order of a Magistrate, investigate any cognizable case
which a Court having jurisdiction over the local area within the limits of such
station would have power to inquire into or try under the provisions of Chapter
XIII.
(2) No proceeding of a police officer in
any such case shall at any stage be called in question on the ground that the
case was one which such officer was not empowered under this section to
investigate.
157. Procedure for investigations.(1) If, from information
received or otherwise, an officer in charge of a police station has reason to
suspect the commission of an offence which he is empowered under section 156 to
investigate, he shall forthwith send a report of the same to a Magistrate
empowered to take cognizance of such offence upon a police report and shall
proceed in person, or shall depute one of his subordinate officers not being
below such rank as the State Government may by general of special order,
prescribe in this behalf, to proceed, to the spot, to investigate the facts and
circumstances of the case, and, if necessary to take measures for the discovery
and arrest of the offender: Provided that-
(a)
When information as to the commission of any such offence is given against any
person by name and the case is not of a serious nature, the office in-charge of
a police station need not proceed in person or depute a subordinate officer to
make an investigation on the spot;
(b) If
it appears to the officer in charge of a police station that there is
sufficient ground for entering on an investigation, he shall not investigate
the case.
(2) In
each of the cases mentioned in clauses (a) and (b) of the proviso to
sub-section (1), the officer in charge of the police station shall state in his
report his reasons for not fully complying with the requirements to that
sub-section, and, in the case mentioned in clause (b) of the said proviso, the
officer shall also forthwith notify to the informant, if any, in such manner as
may be prescribed by the State Government, the fact that he will not
investigate the case or cause it to be investigated.
173. Report of police officer on completion of
investigation.
(1)
Every investigation under this Chapter shall be completed without unnecessary
delay.
(2)
(i) as soon as it is completed, the officer in charge of the police station
shall forward to a Magistrate empowered to take cognizance of the offence on a
police report, a report in the form prescribed by the State Government,
stating-
(a)
the names of the parties;(b) the nature of the information;(c) The names of the
persons who appear to be acquainted with the circumstances of the case;(d)
whether any offence appears to have been committed and, if so, by whom;(e)
whether the accused has been arrested; (f) whether he has been released on his
bond and, if so, whether with or without sureties;(g) whether he has been
forwarded in custody under section 170.
(ii)
The officer shall also communicate, in such manner as may be prescribed by the
State Government, the action taken by him, to the person, if any by whom the
information relating to the commission of the offence was first given.
(3)
Where a superior officer of police has been appointed under section 158, the
report, shall, in any case in which the State Government by general or special
order so directs, be submitted through that officer, and he may, pending the
orders of the Magistrate, direct the officer in charge of the police station to
make further investigation.
(4)
Whenever it appears from a report forwarded under this section that the accused
has been released on his bond, the Magistrate shall make such order for the
discharge of such bond or otherwise as he thinks fit.
(5)
When such report is in respect of a case to which section 170 applies, the
police officer shall forward to the Magistrate along with the report-
(a)
all documents or relevant extracts thereof on which the prosecution proposes to
rely other than those already sent to the Magistrate during investigation
(b)
the statements recorded under section 161 of all the persons whom the
prosecution proposes to examine as its witness.
(6) If
the police officer is of opinion that any part of any such statement is not
relevant to the sub-matter of the proceeding or that its disclosure to the
accused is not essential in the interests of justice and is inexpedient in the
public interest, he shall indicate that part of the statement and append a note
requesting the Magistrate to exclude that part from the copies to be granted to
the accused and stating his reasons for making such request.
(7)
Where the police officer investigating the case finds it convenient so to d
o, he
may furnish to the accused copies of all or any of the documents referred to in
sub-section (5).
(8)
Notwithstanding in this section shall be deemed to preclude further
investigation in respect of an offence after a report under sub-section (2) has
been forwarded to the Magistrate and, where upon such investigation, the
officer in charge of the police station obtains further evidence, oral or
documentary, he shall forward to the Magistrate a further report or reports
regarding such evidence in the form prescribed and the provisions of'
sub-section (2) to (6) shall, as far as may be, apply in relation to such
report or reports as they apply in relation to a report forwarded under
sub-section (2).
190. Cognizance of offences by Magistrates.
1) Subject to the provisions of this Chapter, any Magistrate of the first
class, specially empowered in this behalf under sub- section (2), may take
cognizance of any offence-
(a) Upon receiving a
complaint of facts which constitute such offence;
(b) Upon it police report of
such facts;
(c) Upon information received
from any person other than a police officer, or upon his own knowledge, that
such offence has been committed.
(2) The Chief Judicial
Magistrate may empower any Magistrate of the second class to take cognizance
under sub-section (1) of such offences as are within his competence to inquire
into or try.
191. Transfer on application of the accused.When a Magistrate takes
cognizance of an offence under clause (c) of sub-section (I) of section 190,
the accused shall, before any evidence is taken, be informed that he is
entitled to have the case inquired into or tried by another Magistrate, and if
the accused or any of the accused, if there be more than one, objects to
further proceedings before the Magistrate taking cognizance, the case shall ba
transferred to such other Magistrate as may be specified by the Chief Judicial
Magistrate in this behalf.
192. Making over of cases to Magistrates.(1) Any Chief Judicial
Magistrate after taking Cognizance of all offence, make over the case for
inquiry or trial to and competent Magistrate subordinate to him.
(2)
Any Magistrate of the first class empowered in this behalf by the Chief
Judicial Magistrate may, after taking cognizance of an offence, make over the
case for inquiry or trial to such other competent Magistrate as the Chief
Judicial Magistrate may, by general or special order, specify, and thereupon
such Magistrate may hold the inquiry or trial.
200.
Examination of complainant. A
Magistrate taking cognizance of an offence on complaint shall examine upon oath
the complainant and the witnesses present, if any, and the substance of such
examination shall be reduced to writing and shall be signed by the complainant
and the witnesses, and also by the Magistrate:
Provided that, when the
complaint is made in writing, the Magistrate need not examine the complainant
and the witnesses-
(a) If a public servant
acting or purporting to act in the discharge of his official duties or a court
has made the complaint; or(b) If the Magistrate makes over the case for
inquiry, or trial to another Magistrate under section 192: Provided further
that if the Magistrate makes over the case to another Magistrate under section
192 after examining the complainant and the witnesses, the latter Magistrate
need not re-examine them.
451. Order for custody and disposal of property pending
trial in certain cases.When any property is produced before any Criminal Court
during an inquiry or trial, the court may make such order as it thinks fit for
the proper custody of such property pending the conclusion of the inquiry or
trial, and, if the property is subject to speedy and natural decay , or if it
is otherwise expedient so to do, the court may, after recording such evidence
as it thinks necessary, order it to be sold or otherwise disposed of .
Explanation. For the purposes of this section, "property"
includes-(a) Property of any kind or document which is produced before the
court or which is in its custody.(b) Any property regarding which an offence
appears to have been Cruelty on Cow & Cattle
Indian Penal Code (IPC)
Section 153 A.Promoting enmity between
different groups on grounds of religion, race, place of birth, residence,
language, etc., and doing acts prejudicial to maintenance of harmony.—(1)
Whoever—
(a)
By words, either spoken or written, or by signs or by
visible representations or otherwise, promotes or attempts to promote, on
grounds of religion, race, place or birth, residence, language, caste or
community or any other ground whatsoever, disharmony or feelings of enmity,
hatred or ill-will between different religious, racial, language or regional groups
or castes or communities, or
(b)
Commits any act
which is prejudicial to the maintenance of harmony between different religious,
racial, language or regional groups or castes or communities, and which
disturbs or is likely to disturb the public tranquility, 2[or]2[
(c)
Organizes any
exercise, movement, drill or other similar activity intending that the
participants in such activity shall use or be trained to use criminal force or
violence of knowing it to be likely that the participants in such activity will
use or be trained to use criminal force or violence, or participates in such
activity intending to use or be trained to use criminal force or violence or
knowing it to be likely that the participants in such activity will use or be
trained to use criminal force or violence, against any religious, racial,
language or regional group or caste or community and such activity for any
reason whatsoever causes or is likely to cause fear or alarm or a feeling of
insecurity amongst members of such religious, racial, language or regional
group or caste or community,] Shall be punished with imprisonment which may
extend to three years, or with fine, or with both.
Offence
committed in place of worship, etc.— (2) Whoever commits an offence specified in sub-section
(1) in any place of worship or in any assembly engaged in the performance of
religious
worship or religious ceremonies, shall be punished with imprisonment which may
extend to five years and shall also be liable to fine.]
Section
295A.Deliberate
and malicious acts, intended to outrage religious feelings or any class by
insulting its religion or religious beliefs Whoever, with deliberate and
malicious intention of outraging the religious feelings of any class of 2[citizens
of India], 3[by words, either spoken or written, or by signs or
by visible representations or otherwise], insults or attempts to insult the
religion or the religious beliefs of that class, shall bepunished with
imprisonment of either description for a term which may extend to 4[three
years], or with fine, or with both.]
Code 429Mischief by
killing or maiming cattle, etc., of any value or any animal of the value of
fifty rupees: Whoever
commits mischief by killing, poisoning, maiming or rendering useless,
any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may
be the value thereof, or any other animal of the value of fifty rupees or
upwards, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both.
The Prevention of Cruelty to Animal
Act, 1960
(59 OF 1960)(26th December, 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 I
: PRELIMINARY
1. 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 except 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 provisions comained in this
Act.
2. Definitions : In this Act, unless the
context otherwise. requires,
(a) "animal" means any living creature other
than a human being,
1[(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 capacity or confinement, whether permanent or temporary, or which
is subjected to any appliance of 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;
a"domestic
animal" means any animal which is tamed or which has been or is being
sufficiently 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 the 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" 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;
(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.
3. Duties of persons 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
infliction upon such animal of unnecessary pain or suffering.
CHAPTER II : (ANIMAL WELFARE BOARD OF INDIA)
4. Establishment of Animal 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 3(Animal Board of India.)
CHAPTER III : CRUELTY TO ANIMALS
GENERALLY
11.
Treating animals cruelly : (1) If any person
(a)
beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats
any animal so as to subject it to unnecessary pain or suffering or causes, or
being the owner permits, any animal to be so treated; or
(b) 13(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 employed; or
(c)
wilfully and unreasonably administers any injurious drug or injurious substance
to 14(any animal) or wilfully and unreasonably causes or
attempts to cause any such drug or substance to be taken by 15(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; or
f)
keeps for an unreasonable time any animal chained or tethered upon an unreasonably
short or unreasonably heavy chain or cord; or
(g)
being the owner, neglects to exercise or cause to be exercised 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 tender it
likely that it will suffer pain by reason of starvation thirst; or
(j)
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; 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 illtreatment; or
16{(1)
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;)
17{(m)
solely with a view to providing entertainment
(i)
confines or causes to be confined any animal (including tying of an animal as a
bait in a tiger or other sanctuary) so as to make it an object or prey for any
other animal; or
(n) 18[xxxx]
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; 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 19(in the case of a first offence, with
fine which shall not be less than ten rup6es 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 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 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 noseroping of any
animal in the prescribed manner, or
(b)
the destruction of stray dogs in lethal chambers 20[by such
other methods as may be prescribed] or
(c)
the extermination or destruction of any animal under the authority of any law
for the time being in force; 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.
12.
Penalty for practising phooka or doom dev : If any persons upon any cow or
other milch animal the operation called practising phooka or 21[doom
dev or any other operation (including injection of any or doom dev. 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 two years, or with
both, and the animal on which the operation was performed shall be forfeited to
the Government.
13.
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 animals 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 in his presence without unnecessary suffering: and any reasonable
expense incurred in destroying the animal may be ordered by 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 reasonable expense
incurred in destroying the animal mal be 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 above the rank of a constable or any person authorised 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, forth with summon 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 authorised, as the case may be, may, after obtaining
orders from a magistrate, destroy the animal injured or cause it to be
destroyed; 22(in such manner as may be prescribed)(4) No appeal
shall lie from any order of a magistrate for the destruction of an animal.
CHAPTER IV : EXPERIMENTATION OF ANIMALS
14.
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 will be useful for saving or for
prolonging life or alleviating suffering or for combating any disease, whether
of human beings, animals or plants.
19.
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 animals the Committee may, after giving an opportunity
to the 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.
20.
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.
CHAPTER V : PERFORMING ANIMALS
21. "Exhibit" and "train" defined : In this Chapter,
" exhibit" means exhibit or any entertainment to which the public are
admitted through sale of tickets, and "train" means train for the
purpose of any such exhibition, and the expressions "exhibitor" and
"trainer" have respectively the corresponding meanings.
22.
Restriction on exhibition and training of performing animals : No person
shall exhibit or train
(i)
any performing animal unless he is registered in accordance with the provisions
of this Chapter;
(ii)
as a performing animal, any animal which the Central Government may, by
notification in the official gazette, specify as an animal which shall not be
exhibited or trained as a performing animal.
23.
Procedure for registration : (1) Every person desirous of exhibiting or
training any performing animal shall, on making an application in the
prescribed form to the prescribed authority and on payment of the prescribed
fee, be registered under this Act unless he is a person who, by reason of an
order made by the court under this Chapter, is not entitled to be so
registered.
(2) An
application for registration under this Chapter shall contain such particulars
as to the animals and as to the general nature of the performances in which the
animals are to be exhibited or for which they are to be trained as may be
prescribed, and the particulars so given shall be entered in the register
maintained by the prescribed authority.
(3)
The prescribed authority shall give to every person whose name appears on the
register kept by them, a certificate of registration in the prescribed form containing
the particulars entered in the register.
(4)
Every register kept under this Chapter shall at all reasonable times be open
for inspection on payment of the prescribed fee, and any person shall, on
payment of the prescribed fee, be entitled to obtain copies thereof or make
extracts therefrom.
(5)
Any person whose name is entered in the register shall, subject to the
provisions of any order made under this Act by any court, be entitled, on
making an application for the purpose, to have the particulars entered in the
register with respect to him varied, and where any such particulars are so
varied, the existing certificate shall be cancelled and a new certificate
issued.
24.
Power of court to prohibit or restrict exhibition and training of performing
animals : (1) Where it is proved to the satisfaction of any magistrate on
a complaint made by a police officer or an officer authorised in writing by the
prescribed authority referred to in section 23, that the training or exhibition
of any performing animals has been accompanied by unnecessary pain or suffering
and should be prohibited or allowed only subject to conditions, the court may
make an order against the person in respect of whom the complaint is made,
prohibiting the training or exhibition or imposing such conditions in relation
thereto, as may be specified by the order.
(2)
Any court by which an order is made under this section, shall cause a copy of
the order to be sent, as soon as may be after the order is made, to the
prescribed authority by which the person against whom the order is made is
registered, and shall cause the particulars of the order to be endorsed upon
the certificate field by the person, and that person shall produce his
certificate on being so required by the court for the purposes of endorsement,
and the prescribed authority to which a copy of an order is sent under
"his section shall enter the particulars of the order in that register;
25.
Power to enter premises : (1) Any person authorised in writing by the
prescribed authority referred to in section 23 and any police officer not below
the rank of a sub-inspector may
(a)
enter at all reasonable times and inspect any premises in which any performing
animals are being trained or exhibited or kept for training or exhibition, and
any such animals found therein; and
(b)
require any person who, he has reason to believe is a trainer or exhibitor of
performing animals to produce his certificate of registration,
(2) No
person or police officer referred to in sub section (1) shall be entitled under
this section to go on or behind the stage during a public performance of
performing animals.
26.
Offences : If any person -
(a)
not being registered under this chapter, exhibits or trains any performing
animal; or
(b)
being registered under the Act, exhibits or trains any performing animal with
respect to which or in a manner with respect to which, he is not registered; or
(c)
exhibits or trains as a performing animal, any animal which is not to be used
for the purpose by reason of a notification issued under clause (ii) of section
22; or(d) obstructs or willfully delays any person or police officer referred
to in section 25 in the exercise of powers under this Act as to entry and
inspection; or(e) conceals any animal with a view to avoiding such inspection:
or(f) being a person registered under 'the Act, on being duly required in
pursuance of this Act to produce his certificate under this Act, fails without
reasonable excuse so to do; or(g) applies to be registered under this Act when
not entitled to be so registered,
He
shall be punishable on conviction with fine which may extend to five hundred
rupees or with imprisonment which may extend to three months, or with both.
27.
Exemptions : Nothing contained in this Chapter shall apply to
(a)
the training of animals for bonafide military or police purpose or the
exhibition of any animals so trained; or
(b)
any animals kept in any zoological garden or by any society or association
which has for its principal object the exhibition of animals for educational or
scientific purposes.
CHAPTER VI MISCELLANEOUS
28.
Saving as respects manner of killing prescribed by religion : Nothing
contained in this Act shall render it an offence to kill any animal in a manner
required by the religion of any community.
29. Power
of court to deprive person convicted of ownership of animal : (1) If the
owner of any animal is found guilty of any offence under this Act. the court
upon his conviction thereof, may, if it thinks fit, in addition to any other
punishment make an order that the animal with respect to which the offence was
committed shall 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 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 that
an order be made as aforesaid and
(c)
the offence for which the conviction was made was committed in an area in which
under the law for the time being in force a licence is necessary for the
keeping of any such animal as that in respect of which the conviction was made.
(5)
Notwithstanding anything to the contrary contained in any law for the time
being in force, any person in respect of whom an order is made under sub-section
(3) shall have no right to the custody of any animal contrary to the provisions
of the order, and if he contravenes the provisions oil any order, he shall be
punishable with fine which may extend to one hundred rupees, or. with
imprisonment for a term which may extend to three months, or with both.
(6)
Any court which has made an order under sub-section (3) may at any time, either
on its own motion or on application made to it in this behalf, rescind or
modify such order.
30.
Presumptions as to guilt in certain cases : If any person is charged with
the offences of killing a goat, cow or its to guilt in progeny contrary to the
provisions of clause (1) of sub section (1) or 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 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.
31.
Cognizability of offences : Notwithstanding anything contained in the Code
or Criminal procedure, 1898, (5 of 1898) an offence punishable under clause (1)
or clause (n) or clause, (o) of sub-section (1) of section 11 or under
section 12 shall be a cognizable offence within the meaning of that code.
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 that any person has in his possession the skin of any such animal
with any part of the skin of the head attached thereto, he, may enter and
search such place or any place in which he has reason to believe any such skin
to be, and may seize such skin or any article or thing used or intended to be
used in the commission of such offence.
(2) 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 phooka or25(doom
dev or any other operation of the nature referred to in section 12) has just
been or is being, performed on any animal within the limits of his
jurisdiction, he may enter any place in which he has reason to believe such
animal to be, and may seize the animal and produce it for examination by the
veterinary officer incharge of the area in which the animal is seized.
33.
Search warrants : (1) If a magistrate of the first or second class or
a presidency magistrate or a commissioner of police or district superintendent
of police, upon information in writing; and after such inquiry as he thinks
necessary, has reason to believe that an offence under this Act is being, or is
about to be, or has been committed in any place, he may either himself enter
and search or by his warrant authorise any police officer not below the rank of
sub-inspector to enter and search the place.
(2)
The provisions of the Code of Criminal Procedure, 1898, relating to searches
shall so far as those provision can be made applicable, apply to searches under
this Act.
34.
General Power of seizure for examination : Any police officer above the
rank of a constable or any person authorised seizure for by the State
Government in this behalf, who has reason to believe that examination an
offence against this Act has been or is being, committed in respect of any
animal, may, if in his opinion the circumstances so require, seize the animal
and produce the same for examination by the nearest magistrate or by such
veterinary officer as may be prescribed; and such police officer or authorised
person may, when seizing the animal, require the person in charge thereof to
accompany it to the place of examination.
35.
Treatment and care of animals : (1) The State Government, may by
general or special order appoint infirmaries for the treatment and care of
animals in respect of which offences against this Act have been committed, and
may authorise the detention therein of any animal pending its production before
a magistrate.
(2)
The magistrate before whom a prosecution for an offence against this Act has
been instituted may direct that the
animals
concerned shall be treated and cared for in an infirmary, until it is fit to
perform its usual work or is otherwise fit for discharge, or that it shall be
sent to a pinjrapole, or if the veterinary officer in charge of the area in which
the animal is found or such a veterinary officer as may be 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.
(3) An
animal sent for care and treatment to an infirmary shall not, unless the
magistrate directs that it shall be sent to a pinjrapole or that it shall be
destroyed, be released from such place except upon a certificate of its fitness
for discharge issued 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 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 same 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.
36.
Limitation of prosecutions : A prosecution for an offence against this Act
shall not be instituted after prosecutions the expiration of three months from
the date of the commission of the offence.
37.
Delegation of powers : The Central Government may, by notification in the
official Gazette, direct that all or any of the powers exercisable by it under
this Act, may, subject to such conditions as it may think fit to impose, be
also exercisable by any State Government.
38.
Power to make rules : (1) The Central Government may, by notification
in the Official Gazette and subject to the condition of previous publication,
make rules to carry out the purposes of this Act.
(2) In
particular, and without prejudice to the generality of the foregoing power, the
Central Government may make rules providing for all or any of the following
matters, namely:
(a)
the 26(xxxx) conditions of service of members of the Board, the
allowances payable to them and the manner in which they may exercise their powers
and discharge their functions.
27[(aa)
the manner in which the persons to represent municipal corporation are to be
elected under clause (e) of sub-section (1) of section
(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 overcrowding of animals; the
period during which, and the hours between which, any class of animals shall
not be used for draught purposes:
(a)
prohibiting the use of any bit or harness involving cruelty to animals;
28[(ea)the
other methods of destruction of stray dogs referred to in clause (b) of
sub-section (3) of section 11;
(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
purpose;
(g)
the precautions to be taken in the capture of animals for purposes of sale,
export or for any other purpose, and the different appliances or devices that
may alone be used for the purpose; and the licensing of such capture and the
levying of fees for such licences;
(h)
the precautions to be taken in the transport of animals whether by rail, road,
inland waterway, sea or air and the manner in which and the cages or other
receptacles in which they may be so transported;
(i)
requiring person owning or in charge of premises in which animals are kept or
milked to register such permises, to comply
with
such conditions as may be laid down in relation to the boundary walls or
surroundings of such premises, to permit their inspection for the purpose of
ascertaining whether any offence under this Act is being, or has been committed
therein, and to expose in such premises copies of section 12 in a language or
languages commonly understood in the locality;
(j)
the form in which applications for registration under Chapter V may be made,
the particulars to be contained therein the fees payable for such registration
and the authorities to whom such applications may be made;
29[ja)
the fees which may be charged by the Committee constituted under section 15 for
the registration of persons or institutions carrying on experiments on animals
or for any other purpose;]
(k)
the purposes to which fines realised under the Act may be applied, including
such purposes as the maintenance of infirmaries, pinjrapole and veterinary
hospitals;
(1)
any other matter which has to be, or may be prescribed.
(3) If
any person contravenes, or abets the contravention of, any rules made under
this section, he shall be punishable with fine which may extend to one hundred
rupees, or with imprisonment for a term which may extend to three months, or with
both.
31[38A.
Rules and regulations to be laid before Parliament : Every rule made by
the Central Government or by the Committee constituted under section 15 and
every regulation made. by the Board shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or regulation, as the case may be,
should not be made the rule or regulation shall there after have effect only in
such modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or regulation.]
39.
Persons authorized under section 34 to be public servants : Every person
authorized by the State Government under section 34 shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal code.
40.
Indemnity : No suit, prosecution or other legal proceeding shall lie
against any person who is, or who is deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code in respect of anything in good
faith done or intended to be done under this Act..
Transport of Animals,
Rules, under PCA ACT
In
exercise of the powers conferred by clause (h) of sub-section (2) of Section 38
of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960); the Central
Government hereby makes the following rules, the same having been previously
published as required by the said Section, namely :
Transport
of Animals Rules, 1978. Chapter I
1. Short
TitleThese rules may be called the Transport of Animals, Rules,
1978.2. Definitions :In these rules, unless the context otherwise
requires(a) qualified veterinary surgeon means one who holds a diploma or a degree
of a recognised veterinary college.(b) "Schedule" means a schedule
appended to these rules. CHAPTER IV
Transport of Cattle
46.
Rules 47 to 56 shall apply to the transport by rail of cows, bulls, bullocks,
buffaloes, yaks and calves. (hereinafter in these rules referred to as cattle).
4 7.
(a) A valid certificate by a qualified veterinary surgeon to the effect 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 and that they
have been vaccinated against rinderpest and any other infectious or contagious
or parasitic diseases, shall accompany each consignment.
(b) In
the absence of such a certificate, the carrier shall refuse to accept the
consignment for transport.
(c)
The certificate shall be in the form specified in Schedule - E.
48.
Veterinary first-aid equipment shall accompany all batches of cattle.
4 9.
(a) Each consignment shall bear a label showing in bold red letters the name,
address and telephone number (if any) of the consignor and consignee, the
number and types of cattle being transported and quantity of rations and food
provided.
(b)The
consignee shall be informed about the train or vehicle in ' which the
consignment of cattle is being sent and its arrival time in advance.
(c)The
consignment of cattle shall be booked by the next train or vehicle and shall
not be detained after the consignment is accepted for booking.
50.
The average space provided per cattle in Railway wagon or vehicle shall not be
less than two square metres.
51.
(a) Suitable rope and platforms should be used for loading cattle from
vehicles.
(b) In
case of railway wagon the dropped door of the wagon may be used as a ramp when
loading or unloading is done to the platform.
52.
Cattle shall be loaded after they are properly fed and given water.
53.
Cattle in advanced stage of pregnancy shall not be mixed with young cattle in
order to avoid stampede during transportation.
54.
(1) Watering arrangements on route shall be made and sufficient quantities of
water shall be carried for emergency.
(2)
Sufficient feed and fodder with adequate reserve shall be carried to last
during the journey.
(3)
Adequate ventilation shall be ensured.
55.
When cattle is to be transported by rail.
(a) An
ordinary goods wagon shall carry not more than ten adult cattle or fifteen
calves on broad gauge, not more than six adult cattle or ten calves on metre
guage, or not more than four adult cattle or six calves on narrow gauge.
(b)
every wagon carrying cattle shall have at least one attendant.
(c)
cattle shall be loaded parallel to the rails, facing each other.
(d)
rations for padding, such as straw, shall be placed on the floor to avoid
injury if a cattle lies down and this shall not be less than 6 cms thick.
(e)
rations for the journey shall be carried in the middle of the wagon.
(f) to
provide adequate ventilation, upper door of one side of the wagon shall be kept
open properly fixed and the upper door of the wagon shall have wire gauge
closely welded mesh arrangements to prevent burning cinders from the engines
entering the wagon and leading to fire outbreak.
(g)
cattle wagons should be attached in the middle of the train.
(h)
cooking shall not be allowed in the wagons nor hurricane lamps without
chimneys.
(i)
two breast bars shall be provided on each side of the wagon, one at height of
60 to 80 cm and the other at 100 to 110 cm.
(j)
Cattle-in-milk shall be milked at least twice a day and the calves shall be
given sufficient quantity of milk to drink.
(k) As
far as possible, cattle may be moved during the nights only.
(1)
during day time, if possible, they should be unloaded, fed, given water and
rested and if in milk, milking shall be carried out.
56.
When cattle are to be transported by goods vehicle the following precautions
are to be taken namely
(a)
Specially fitted goods vehicles with a special type of tail board and padding
around the sides should be used.
(b)
Ordinary goods vehicles shall be provided with anti-slipping material, such as
coir matting or wooden baord on the floor and the superstructure, if low,
should be raised.
(c) no
goods vehicle shall carry more than six cattle.
(d)
each goods vehicle shall be provided with one attendant.
(e)
while transporting, the cattle, the goods vehicle shall not be loaded with any
other merchandise; and
(f) to
prevent cattle being frightened or injured, they should preferably, face the
engine.
8. SCHEDULE – H [See Rule 47]
Proforma for Certificate of fitness to travel Cattle
This
Certificate should be completed and signed by a qualified Veterinary Surgeon
Date
and time of examination : ......................Species of cattle :
..............
Number
of Trucks / Railway Wagons Number of cattle :
................................................................Sex
Age.
Breed
and identification marks, if any
..........................................................
Transported
from
To Via
I
hereby certify that I have read rules 46 to 56 in Chapter IV of the Transport
of Animals Rules, 1978.
1.
That, at the request of (consignor) I have examined the above mentioned Cattle
in the goods vehicle/ railway wagons not more than 12 hours before their
departure.
2.
That each cattle appeared to be in a fit condition to travel by rail/road and
is not showing any signs of infectious or contagious or parasitic disease and
that it has been vaccinated against rinderpest and any other infectious or
contagious or parasitic diseases(s).
3.
That the cattle were adequately fed and watered for the purpose of the journey.
4.
That the cattle have been vaccinated.
(a)
Type of vaccine :
(b)
Date of vaccination:
Signed
.........................................................
Address
...................................................
Qualifications
............Date .............
PREVENTION OF CRUELTY TO ANIMALS
(SLAUGHTER HOUSE) RULES, 2001
NOTIFICATION New
Delhi, the 26th March, 2001
S.O.270(E) - Whereas the draft Prevention of Cruelty to
Animals (Slaughter House) Rules, 2000 were published, as required by sub-section
(1) of section 38 of the Prevention of Cruelty to Animals Act,1960 (59 of
1960), under the notification of the Government of India in the Ministry of
Social Justice and Empowerment number S.O. 1165 (E) dated the 26th December,
2000 in the Gazette of India,Extraordinary, Part II, Section 3, Sub Section
(ii) dated the 27th December, 2000 inviting objections
and suggestions from all persons likely to be affected
thereby, before the expiry of the period of sixty days from the date on which
copies of the Gazette containing the said notification are made available to
the
public. And, whereas copies of the said Gazette were made
available to the public on the 1st January 2001. And, whereas no objection or
suggestion has been received from the public in respect of the said draft rules
by the Central Government. Now, therefore, in exercise of the powers conferred
by sub-sections (1)
and (2) of section 38 of thePrevention 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 Prevention of Cruelty to Animals (Slaughter House) Rules, 2001
(2) They shall come into force on thedate of their
publication in the Official Gazette
2. Definitions-In these rules unless the contextotherwise
requires:-
a) “Act” means the Prevention of Cruelty to Animals Act,
1960 (59 of 1960);
b) “Slaughter” means the killing or destruction of any
animal for the purpose of food and includesall the processes and operations
performed on all such animals in order to prepare it for being slaughtered.
c) “Slaughter house” means a slaughter house wherein 10
or more than 10 animals are slaughtered
per day and is duly licensed or recognised under a
Central, State or Provincial Act or any rules orregulations made thereunder.
d) “veterinary doctor” means a person registered with the
Veterinary Council of India establishedunder the Indian Veterinary Council Act,
1984 (52 of 1984).
3. Animals not to be slaughtered except in recognised or
licensed houses - (1) No person shall slaughter any animal within a municipal
area except in a slaughter house recognised or licensed by the concerned
authority empowered under the law for the time being in force to do so.
(2) No animal which -(i) is pregnant, or(ii) has an
offspring less than three months old, oris under the age of three months or
(iv) has not been certified by a veterinary doctor that it is in a fit condition to be slaug htered. shall be slaughtered
(3) The municipal or other local authority specified by
the Central Government for this purpose shall,having regard to the capacity of
the slaughter house and the requirement of the local populationof the area in
which a slaughter house is situated, determine the maximum number of animals
that may be slaughtered in a day.
4. Reception area or resting grounds - (1) The slaughter
house shall have a reception area of adequate size sufficient for livestock
subject to veterinary inspection.
(2) The veterinary doctor shall examine thoroughly not
more than 12 animals in an hour and notmore than 96 animals in a day.
(3) The veterinary doctor after examining the animal
shall issue a fitness certificate in the form
specified by the Central Government for this purpose.
(4) The reception area of slaughter house shall have
proper ramps for direct unloading of animals
from vehicles or railway wagons and the said reception
area shall have adequate facility sufficient for feeding and watering of
animals.
(5) Separate isolation pens shall be provided in
slaughter house with watering and feeding arrangements for animals suspected to
be suffering from contagious and infectious diseases, and fractious animals, in
order to segregate them from the remaining animals.
(6) Adequate holding area shall be provided in slaughter
house according to the class of animals to be slaughtered and the said holding
area shall have water and feeding facilities.
(7) The resting grounds in slaughter house shall have
overhead protective shelters.
(8) Ante-mortem and pen area in slaughter house shall be
paved with impervious material such as concrete non-slippery herring-bone type suitable to
stand wear and tear by hooves, or brick, andpitched to suitable drainage
facilities and the curbs of said impervious material 150 to 300 mmhigh shall be
provided around the borders of livestock pen area, except at the entrances and
such pen shall preferably be covered.
5. Lairages - (1) Every animal after it has been
subjected to veterinary inspection shall be passed on to a lairage for resting
for 24 hours before slaughter.
(2) The lairage of the slaughter house shall be adequate
in size sufficient for the number of animals to be laired;
(3) The space provided in the pens of such lairage shall
be not less than 2.8 sq.mt. per large animal and 1.6 sq.mt. per small animal
(4) The animals shall be kept in such lairage separately
depending upon their type and class and such
lairage shall be so constructed as to protect the animals
from heat, cold and rain
(5) The lairage shall have adequate facilities for
watering and post-mortem inspection.
6. Slaughter - (1) No animal shall be slaughtered in a
slaughter house in sight of other animals
(2) No animal shall be administered any chemical, drug or
hormone before slaughter except drug for its treatment for any specific disease
or ailment. (3) The slaughter
halls in a slaughter house shall provide separate sections of adequate
dimensions
sufficient for slaughter of individual animals to ensure
that the animal to be slaughtered is not within the sight of other animals.
(4) Every slaughter house as soon as possible shall
provide a separate space for stunning of animals prior to slaughter, bleeding
and dressing of the carcasses
(5) Knocking section in slaughter house may be so planned
asto suit the animal and particularly theritual slaughter; if any and such
knocking section and dry landing area associated with it shall be so built that
escape from this section can be easily carried out by an operator without
allowing the animal to pass the escape barrier. (6)A curbed-in bleeding area of
adequate size as specified by the Central Governmentshall be provided in a
slaughter house and it shall be so located that the blood could not be splashed
on other animals being slaughtered or on the carcass being skinned.
7. Slaughter house building - The different construction of a
slaughter house shall be built and maintained by its owner in the manner as
specified below, namely :
a) Plant Building - (i) Materials used shall be
impervious, easily cleansable, and resistant to wear and corrosion. (ii)
Materials such as wood, plaster board, and porous acoustic-type boards, which
areabsorbent and difficult to keep clean shall not be used.
b) Floors - The floors shall be non-absorbent and
non-slippery with rough finish and shall have suitable gradient for drainage.
c) Coves - Coves with radii sufficient to promote
sanitation shall be installed at the juncture of floors and walls in all rooms
and which shall not be less than 100 mm.
(d) Interior Walls - (i) Interior walls shall be smooth
and flat and constructed of impervious materials such as glazed brick, glazed
tile, smooth surface Portland cement plaster, or other non-toxic, nonabsorbent material
applied to a suitable base. (ii) Walls shall be provided with suitable sanitary
type bumpers to prevent damage by hand trucks, carcass shunks, and the like.
(iii) The interior walls shall have washable surface up to the height of 2
meters from the floor so that the splashes may be washed and disinfected.
(e) Ceilings - (i) Ceilings shall be of the height of 5
mtrs or more in workrooms and so far as structural conditions permit, ceilings
shall be smooth and flat. (ii) Ceilings shall be constructed of Portlandcement
plaster, large size cement asbestos boards with joints sealed with a flexible
sealing compound, or other acceptable impervious material and finished so as to
minimise condensation,mould development, flaking and accumulation of dirt.
(iii) The walls above glazed type portionand ceiling shall be painted with water-resistant
paint to maintain them clean.
(f) Window Ledges - Window ledges shall be sloped at 45
degrees to promote sanitation and to avoid damage to glass in windows from
impact of hand trucks and similar equipment, the windowsills shall be 1200 mm
above the floor level with proper ventilation through mechanical venting or
through working vents shall be provided in the roof structure.
(g) Doorways and Doors - (i) Doorways through which
product is transferred on rails or in hand trucks shall be at least 1500 mm
high and shall be atleast 1 500 mm wide. (ii) Doors shall
either be of rust-resistant metal construction throughout, or if made with
rust-resistant metal having tight softwood, they shall be clad on both sides
with soldered or welded seams. (iii) Doorjambs shall be clad with
rust-resistant metal securely affixed so as to provide no crevices for dirt or
vermin and the juncture at which the door joins the walls shall be effectively
sealed with a flexible sealing compound.
(h) Screens and Insect control - All windows, doorways
and other openings that may admit flies shall be equipped with effective insect
and rodent screens and ‘Fly chaser’ fans and ducts or air curtains shall be
provided over doorways in outside wall of food handing areas that are used for
dispatch or receiving.
(i) Rodent-Proofing-Except in the case of solid masonry,
walls constructed of glazed tile, glazed brick, and the like, expanded metal or
wire mesh not exceeding 12.5 mm mesh, shall be embedded in walls and floor at
their junction and such mesh shall extend vertically and horizontally to a
sufficient distance to exclude the entrance of rats and other rodents.
(j) Vehicular areas for Trucks - (i) Concrete paved
areas, properly drained and extending at least 6 metres from building, loading
docks or livestock platforms shall be provided at places where vehicles are
loaded or unloaded. (ii) Pressure washing jets and disinfection facilities for
trucks carrying animals shall also be provided at such places.
(k) Drainage - (i) All parts of floors where wet
operations are conducted shall be well drained and as far as possible, one
drainage inlet shall be provided for each 37 metre square of floor space
(ii) A slope of about 20 mm per metre to drainage inlets
shall be provided for usual conditions and it shall be ensured that the floor
slopes uniformly to drains with no low spots, which collect liquid. (iii) Floor
drains shall not be provided in freezer rooms or dry storage areas and when
floor drains are installed in rooms where the water seal in traps is likely to
evaporate without replenishment, they shall be provided with suitable removable
metal screw plugs.
(l) Traps and vents on drainage lines - (i) Each floor
drain, including blood drains, shall be equipped with a deep seal trap (P-, U-,
or S-shape) (ii) Drainage lines shall be properly vented to the outside air and
be equipped with effective rodent screens.
(m)Sanitary drainage lines - Drainage line from toilet
pans and urinals shall not be connected with other drainage lines within the
plant and shall not discharge into a grease catch basin and such lines shall be
installed so that if leakage develops, it shall not affect the product or the
equipment.
(n) Lighting and ventilation - (i) Unrefrigerated work
rooms shall be provided with adequate direct natural light and ventilation or
ample artificial light and ventilation by mechanical means. (ii)
Uncoloured glass having a high transmissibility of light
shall be used in skylights and windows (iii)
The glass area shall be approximately one-fourth of the
floor area of a workroom and such ratio
shall be increased where there are obstructions, such as
adjacent buildings, overhead catwalks,
and hoists, which interfere with the admittance of direct
natural light. (iv) Distributed artificial lighting of much quality and at such
distances as may be specified by the Central Government shall be provided at
all places where adequate natural light is not available or is insufficient.
(o) Every abattoir shall be provided with distributed
artificial light of an overall intensity of not less than 200 lux at the
distances as may be specified by the Central Government throughout the
slaughter hall and workrooms and at places where meat inspection is carried
out, the overall intensity of artificial light shall be not less than 500 lux.
(p) every abattoir shall be provided with suitable and sufficient means of
ventilation to the outside air and the construction of the slaughter hall shall
be so arranged that the dressed carcasses are not exposed to direct sunlight;
(q) a sufficient, safe, potable and constant supply of
fresh water shall be available at adequate pressure through the premises.
(r) the pressure for the general purpose of floor washing
may preferably be 200 to 330 kPa for through floor cleaning
(s) for thorough and efficient washing of carcasses, a
higher pressure between 1000 kPa to 1700 kPa shall be maintained.
(t) floor washing point shall be provided preferably for
minimum 37 meter square on slaughter floor and working departments.
(u) a constant supply of clean hot water shall be
available in the slaughter hall and workrooms during working hours and the
hotwater required for frequent sterilising of equipment shall not be less than
82 degree celsius.
(v) where necessary for sanitary maintenance, equipment
shall be constructed and installed so as to be completely self-draining.
(w) the following materials shall not be used in an
abattoir, namely-
(i) copper and its alloys in equipment used for edible
products.
(ii) cadmium in any form in equipment handling edible
products
(iii)equipment with painted surface in product zone
(iv)enamel containers or equipment is not desirable and
(v) lead.(x) all permanently mounted equipment shall
either be installed sufficiently away from walls (minimum 300 mm) to provide
access for cleaning and inspection.
(y) all permanently mounted equipment shall either be
installed sufficiently above the floor (minimum 300 mm) to provide access for
cleaning and inspection or be completely sealed (watertight) to the floor area.
8. Engagement in slaughter house - (1) No owner or occupier of a
slaughter house shall engage a person for slaughtering animals unless he
possessesavalidlicenseor authorisation issued by the municipal or other local
authority.
(2) No person who has not attained the age of 18 years
shall be employed in any manner in a slaughter house.
(3) No person who is suffering from any
communicable or infectious disease shall be permitted to
slaughter an animal.
9. Inspection of slaughter house - (1)
The Animal Welfare Board of India or any person or Animal Welfare Organisation
authorised by it may inspect any slaughter house without notice to its owner or
the person incharge of it at any time during the working hours to ensure that
the provisions of these rules are being complied with.
(2) The person or the Animal Welfare Organisation
authorised under sub rule (1) shall after inspection send its report to Animal
Welfare
Board of India as well as to the municipal or local
authority for appropriate action including initiation of legal proceedings if
any, in the event of violation of any provisions of these rules. (F.No.19/1/2000-DHARMENDRADEO,Jt.Secy.
PCA
(Establishment and Regulation of Society
for prevention of Cruelty to Animals Rules, 2001
1. Short title and commencement - (1) These rules may be
called the Prevention of Cruelty to Animals(Establishment and Regulation of
Societies for Prevention of Cruelty to Animals) Rules, 2001
(2) They shall come into force on the date of their publication
in the Official Gazette.
2. Definitions - In these rules, unless the context
otherwise requires.
(a) “Act” means the Prevention of Cruelty to Animals Act,
1960 (59 of 1960)
(b) “Animal Welfare Organisation” means a Welfare
Organisation 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 recognised by the Board or the Central Government.
(c) “Board”means the Animal Welfare Board of India
established under Act.
(d) “local authority” means a municipal board of
municipal committee, a State Animal Welfare Board, district board or any local
animal welfare organisation authorised by any law for the control
andadministration of any matter relating to animals within a specified local
areas.
(e) “Society” means Society for Prevention of Cruelty to
Animals (hereinafter referred to as SPCA) established in any district under the
Societies Registration Act, 1860 (21 of 1860) or any other corresponding law
applicable in a state and shall include the existing SPCA functioning in any
district.
(f) “veterinary doctor” means a person registered with
the Veterinary Council of India established under the Indian Veterinary Council
Act, 1984 (52 of 1984).
3. Society for Prevention of Cruelty to animals in a
district -
(1) Every State Government shall by notification in the
Official Gazette, establish, as soon as may be and in any event within six
months from the date of commencement of these rules, a society for every
district in the State to be the SPCA in that district. Provided that any
society for Prevention of Cruelty to Animals functioning in any district on the
date of commencement of these rules shall continue to discharge its functions
till establishment of the SPCA in that district under these rules.
(2) The Managing Committee of the Society shall be
appointed by the State Government or the local authority of the district
consisting of a Chairperson to be appointed by the State Government or the
local authority of the district, as the case may be with the concurrence of the
Board and shallconsist of such number of other members as may be considered
necessary by the State Government or the local authority of the district
subject to the condition that-
(i) at least two members shall be representatives of the
Animal Welfare Organisations which are actively involved in the work of
prevention of cruelty to animals and welfare of animals preferably from within
the district; and
(ii) at least two members shall be the persons elected by
the general body of members of theSociety.
(3) The duties and powers of the Society shall be to aid
the Government, the Board and local authorityin enforcing the provisions of the
Act and to make such bye-laws and guidelines as it may deem necessary for the
efficient discharge of its duties.
(4) TheSociety, or any person authorized by it in this
behalf, if it or he has reasonable grounds for believing that any person has
committed an offence under the Act, it or such authorized person may require such
person to produce forthwith any animal in his possession, control, custody
orownership, or any license, permit or any other document granted to such
person or required to be kept by him under the provisions of the Act and may
stop any vehicle or enter into any premises in order to conduct a search or
inquiry and may seize an animal in respect of which it or such authorized
person has reason to believe that an offence under the Act is being committed,
and deal with it in accordance with law.
(5) In addition to the powers conferred by these rules,
the State Government may, in consultation with the Board, confer such other
powers upon any Society for exercising the powers and discharging the functions
assigned to it under these rules.
4. Setting up of infirmaries and animal shelters - (1)
Every State Government shall provide adequate land and other facilities to the
Society for the purpose of constructing infirmaries and animal shelters.
(2) Every infirmary and animal shelter shall have -
(i) a full time veterinary doctor and other staff for the
effective running and maintenance of such infirmary or animal shelter; and
(ii) an administrator who shall be appointed by the
Society.
(3)EverySociety shall, through its administrator or otherwise, supervise the overall functioning of the infirmaries & animal shelters under its control and jurisdiction.
(4) All cattle pounds and pinjrapoles owned and run by a
local authority shall be managed by such authority jointly with the Society or
Animal Welfare Organisations.
5. Regulation of SPCAs
(1) Every Society shall submit its annual report to the
Board incorporating therein the activities undertaken by it for the welfare of
animals and the steps or measures taken by it to implement various provisions
of the Act and the rules made thereunder along with annual accounts dulyaudited
by a chartered accountant or any other body authorised by law within a period
of onemonth from the date of its accounts having been finalised by its managing
committee.
(2) The Board shall examine such annual report and the
annual accounts submitted by the Society and may give any directions to it for
improvement of its functioning including the supercession of the managing
committee of the Society with a view to give effect to the provisions of the
Act and the rules made thereunder.
Provided that the Board shall give opportunity of
personal hearing to the office bearers of the Society or any representative
authorised by it before giving direction of its supercession and holding of
fresh elections for electing a new managing committee as per bye-laws of the
society.
(3) The Board shall give any direction to any Society in
the interest of smooth and efficient functioning of the Society including the
procedure for holding the election of the managing committee of the Society,
utilisation of financial resources and management of assets of the Society with
a view to give effect to the provisions of the Act and the rules made
thereunder.(F.No.19/1/2000-AWD)
MOTOR VEHICLE ACT 1988
Central
Motor Vehicle (Amendment) Rules, 2015
Special requirements of
Motor vehicles transporting livestock.-Central Motor Vehicle Rules, 1989 Rule 125 E.
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, Now therefore, in exercise of the powers conferred by Clause (m)
of Sub Section (1) of Section 110 of Motor Vehicle Act 1988 (59 of 1988), the
Central Government hereby makes the following rules further to amend the
Central Motor Vehicle Rules, 1989. namely:-
1. (1) These Rules may be
called the Central Motor Vehicle (Amendment) Rules, 2015
(2) They shall come in force
on the 1st January,2016
2. In the Central Motor
Vehicle Rules. 1989 (hereinafter referred to as principal rules) after rule 125
D the following rules shall be inserted, namely:-
125 E. Special requirements of Motor vehicles transporting livestock.-
125 E. Special requirements of Motor vehicles transporting livestock.-
(1) On and after the
1st January,2016, motor vehicles used for transportation of livestock by road
shall be in accordance with the specifications of the Bureau of Indian
Standards as provided in IS-14904-2007; or IS-5238:2001 or IS-5236-1982
as the case may be, as amended from time to time and the transporter or
consignor of the livestock shall follow the code of practice laid down in the
respective specification regarding the transport of livestock.
(2) Subject to Sub Rule (1)
the Motor vehicles for carrying animals shall have permanent partitions in
the body of the vehicle so that the animals are carried individually in
each partition where the size of partition shall not be less than the following
namely:=
(i) Cows and Buffalos = 2.00
Sq.Mts.
(ii) Horses and mares = 2.25
Sq.Mts
(iii) Sheep and Goats = 0.3
Sq.Mts
(iv) Pig
= 0.6
Sq.Mts
(v) Poultry
= 40 cm Sq
(3) No
Motor Vehiclke ment for carrying animals shall be permitted to carry any
other goods
(4) The
Regional Transport Officer shall issue special licenses for motor vehicles
meant for carrying animals on the basis of vehicles modified in accordance with
the subrule (2)"(No.RT-11036/ 24/ 2014 -MVL)
राज्यों
द्वारा पारित नियम
विभिन्न
राज्यों द्वारा गौवंश हत्या निषेध अधिनियम भारतीय सविधान की भावना अनुरूप पारित
किये गए हैं जिनमे पूर्ण गौवंश हत्या निषेध कुछ राज्यों में पारित किया गया परन्तु
अधिकतर राज्यों में गाय को पूर्ण सुरक्षा और बैलों को १२-१४-१५ वर्ष आयु तक
सुरक्षा प्रदान की गयी है उदाहरण स्वरूप कर्नाटक अधिनियम प्रस्तुत है विधि विधानों
की रचना की सूचि इस प्रकार है
राज्यों
द्वारा पारित वाहन नियम
Motor Vehicle Rules
केन्द्रीय वाहन अधिनियम १९८८ में
राज्यों को नियम बनाने का निर्देश दिया जिस के अनुसार विभिन्न राज्यों ने वाहन
नियम बनाये और गोवंश को २ वर्ग मीटर स्थान देना आवश्यक किया, हवा आना मल,मूत्र
निकासी, प्राणियों को गिरने से बचाने के लिए लकड़ी की पट्टी लगाना सुनिश्चित किया,
उदहारण स्वरूप निम्न नियमावली है.
Motor Vehicle Rules
(1) No cattle shall be carried in a goods
vehicle in a public place unless:-
(B) in the case of any other cattle,-
(i) a
minimum floor space of 2m x 1m per head of cattle and half of such floor space
for a young one of cattle which is weaned is provided in the vehicle;
(ii)
The lead body of the vehicle in constructed of strong wooden planks or of iron
sheets with a minimum height of 1.5 meters measured from the floor of the
vehicle on all sides and the back;
(iii)
floor battans are provided to prevent slipping of hoofs;
(iv)
Every projection likely to cause suffering to an animal is removal; and
(v)
The cattle are properly secured by ropes tied to the sides of the vehicle.
Explanation.-“Cattle”
for the purpose of this sub-rule includes goat, sheep, buffalo, bull, ox, cow,
deer, pony, mule, ass, pig or the young ones thereof.
(2) No
animal belonging to or intended for a circus, menagerie or zoo shall be carried
in a goods vehicle in a public place unless,-
(i) in
the case of wild or ferocious animal, a suitable cage, either separate from or
integral with the lead body of the vehicle used of sufficient strength to
contain the animal securely at all times is provided; and
(ii)
reasonable floor space for each animal is provided in the vehicle.
(3) No
goods vehicle when carrying any cattle or any animal shall be driver at a speed
in excess of 24 kms. Per hour.
202.
A. Power to detain vehicles._ Any Officer of othe Transport Department not below the
rank of Motor vehicles inspector or an Police Officer not below the rank of
circle Inspector of Police are authorized to exercise powers under Section 207.
202-
B. Procedure of detaining a motor vehicle._ When a motor vehicle is detained by
any officer referred to Rule 202-A, he shall take the following steps, namely.-
(i)
arrangement shall be made for temporary safe custody of the motor vehicle in
the nearest Police station or at any appropriate place;
(ii)
the fact of seizure and detention shall be informed without delay to the
secretary, Regional Transport Authority of
the region and the secretary, Regional Transport Authority of the region to which the motor vehicles
belongs;
(iii)
where prosecution of othe driver or owner or both is necessary, charge sheets
against them shall be filed before
the concerned Maistrate within three days (computation of three days shall be in accordance with section
10 of General Clauses act, 1897) from the date of seizure and the motor vehicle shall be
released by the Officer who detained if after the prosecution is completed under intimation to both
the secretaries of Regional Transport Authorities mentioned in clause (ii);
(iv)
mahazor of the vehicles is to be carried out in writing of its condition, and
parts which are easily removable, replaceable and temperable (viz., Television,
DVD/VCD/MP-3 Play Raido, public address system and any other such equipments)
and a copy of its is to be delivered to othe person from whom it is seized,
duly signed.
202-
C. Release
of seized and detained vehicles._ (1) An application for release of a
vehicle seized and detained under sub-section (1) of section 207 shall be in
the form of a memorandum in duplicate with relevant documents duly enclosing a
fee of rupees fifty. The Secretaries of the Regional Trasnport Authority, of
the Region shall entertain an application for release of vehicles seized and
detained by his subordinate Officers
192-A.
Using vehicles without permit. – (1) Whoever drives a motor vehicle or causes or allow
a motor vehicle to be used in contravention of theprovisions of sub-section (1)
of section 66 or in contravention of any condition of a permit relating to the
route on which or the area in which or the purpose for which the vehicle may be
used, shall be punishable for the first offence with a fine which may extend to
five thousand rupees but shall not be less than two thousand rupees and for any
subsequent offence with imprisonment which may extend to one year but shall not
be less than three months or with fine which may extend to ten thousand rupees
but shall not be less than five thousand rupees or with both : Provided that
the Court may for reasons to be recorded, impose a lesser punishment.
(2)
Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance
of persons suffering from sickness or injury or for the transport of materials
for repair or for the transport of food or materials to relieve distress or of
medical supplies for a like purpose : Provided that the person using the
vehicle reports about the same to the Regional Transport Authority within seven
days from the date of such use.
(3)
The Court to which an appeal lies from any conviction in respect of an offence
of the nature specified in sub-section (1), may set aside or vary any order,
made by the Court below, notwithstanding that no appeal lies against the conviction
in connection with which such order was made].
Corresponding
Law. – Section 192-A corresponds to section 123 of the Motor
Vehicles Act, 1939.
Forest Department:
Provisions of Karnataka forest Act, 1963
Indian Forest Act, & Indian Wildlife Protection Act.
1972
· Provisions of under Acts
& Rules prohibit transportation, grazing and all other cattle related
activities.
Most of inter state roads are through Forest areas with
strong presentation of Forest officials and Forest Hand Posts.
Even as per Hon’ble Supereme Court directions, all these
road shall be closed in night hours and to be recorded and monitored by CC
Camera recordings.
Municipal Administration
·
Licensing markets, slaughter houses and certain
businesses.—
·
Opening, closing and letting of markets and slaughter
houses.
·
Slaughter houses, etc., beyond municipal limits.—
·
Unwholesome articles of food and drink
·
Duties of municipal council in respect of disease among
horses, dogs, cattle, sheep or goats.
·
Premises not to be used for certain purposes without purpose
APMC ACTS
राज्यों में कृषि उत्पाद व्यपार
अधिनियम के माध्यम से पशु (गाय,बैल,आदि) के व्यापार को मर्यादित किया गया है
.यानि, मंडी, मेला, APMC Yard आदि में इन के गवाले और कृषक को व्यापार की सुविधा
प्रदान की जाती है. हालांकि इन स्थानों का कसायिओं और उनके दलालों के द्वारा
दुरूपयोग ही ज्यादा देखा जाता है. यानि गोवंश के कसाईखाने जाने का मार्ग
इन मंडियों से होकर जाता है. उदाहरण के लिए कर्णाटक कृषि उत्पाद (नियन्त्रण)
अधिनियम,१९६४ की धाराएं सामने है.
1. All APMC shall register Cattle
like Ox, Cow, Calves, Buffalo etc seperately at Entry point
2. As per Act present market Fee is
RS.5/-. per head of Cattle IN ADDITION 0.50 P. Per head of
Cattle shall be charged at ENTRY REGISTER LEVEL.
3. Cattle purchaser shalll pay license
fee and obtain License under Rule 72 & 76. Those who have
a.regular transection, they shall obtain under Rule 76 and other shall obtain
temporary License under Rule 72(3) of A.P.M.C. and pay license fee of
RS.50/-
4. The APMC YARD shall record cattle
purchaser’s permanent address and purpose for which Cattle is purchased in
Register in A.P.M.C.
5. As per Provisions of Karnataka Prevention
of Cow Slaughter & Preservation of Cattle Act, 1964 slaughter of milking
animal i.e. Cow, Calves & She Buffalo is banned. In case
A.P.M.C officials suspect that Cattle transected are for Slaughter.
They shall intimate the matter to nearest Police Station immediately.
6. Purchaser shall show purchase receipt
for Market Fee, Registration Fee & License to officials during
transportation from APMC YARDS
7. The Fruit and Vegitable
waste generated in APMC YARDS may be lifted for the use of Cattle feeding
and same shall be deleivered free of Cost to Pinjrapole / Gau Raksha
Sangh
8. As Sale, Purchase & Transportation of
Cow & Cattle for slaughter are illegal as per ACT of 1964.
Such instances be checked and be reported to nearest Police
Station for further action.
State Prevention of
Cow slaughter &
Cattle preservation
Laws
Derogatory directive by the central government to the
state governments
1. Andhra Pradesh
Prohibition of Cow Slaughter and Animal Preservation Act ,1977.
2. Assam Cattle
Preservation act, 1950 (13 of 1951)
3. Bihar Preservation and
improvement of Animals Act 1955(amended by Bihar Act no 59 of 1982)
4. Chhattisgarh Krishik
Pashu Sanrakshan Adhiniyam ,2004.
5. Delhi Agricultural
Cattle Preservation Act 1994.
6. Goa,Daman and
Div Prevention of Cow Slaughter act,1978 and Goa Animal
Preservation Act, 1995
7. Gujarat: Bombay animal
Preservation Act,1954 (amended up to date)
8. Haryana, Punjab
Prohibition of Cow Slaughter Act ,1955, applicable with certain amendments.
9. Himachal
Pradesh: Punjab Prohibition of Cow Slaughter Act 1955, applicable.
10. Jammu and Kashmir:
ranbir penal code, samvat 1989 and J& Rules pertaining to exportation of
bovine animals
11. Jharkhand Govanshiya
Pashu Hatya Pratishesh Adhiniyam, 2005
12. Karnataka Prevention of
Cow slaughter and Cattle Preservation Act 1964
13. Madhya Pradesh Govansh,
Vadh Pratishedh Adhiniyam, 2004.
14. Maharashta Animal
Preservation Act 1976 amendment ON 25th may 1992.
15. Manipur Cow Killing Rules
16. Nagaland Armed Police Act
17. Orissa Prevention of Cow
Slaughter Act, 1960
18. Pondicherry Prevention
of Cow Slaughter Act, 1968.
19. Punjab Prohibition
of Cow Slaughter Act 1955.
20. Rajashthan Bovine Animal
prohibition of slaughter and Regulation of Temporary Migration or Export Act,1995
21. Tamilnadu Animal
Preservation Act, 1958
22. Utter Pradesh Prevention
of Cow Slaughter Act, 1955 ( amended by amendment act of 2002)
23. Uttarakhand Protection
of Cowprogeny Act 2007
24. West Bengal Animal
Slaughter Control Act, 1950
कोई टिप्पणी नहीं:
एक टिप्पणी भेजें