PCA (Regulation of Livestock Market) Rules 2017 & PCA (Care and Maintenance of Case property) Rules 2017

Dear friends in animal welfare activities

After persuasion and several suggestions Government of India has passed very effective Rules under PCA Act,1060.

We were informing time and again that animal Crime starts from APMC Yards and presence of Butchers and their agents was seen in all 130+ APMC Yards.

After the seizure, question of interim Custody of seized animals and its maintenance was fought time and again in several Courts quoting even Supreme Court judgements. Several times we faced humiliation due to lack of specific Rules.

Now, on the completion of third year of NDA Government, on 23rd May,2017 Government has notified and Gazetted PCA (Regulation of Livestock Market) Rules 2017 & PCA (Care and Maintenance of Case property) Rules 2017

It will worth to mention about addition of Rule 125E in Motor Vehicle Act,1988 regarding Transport of Animals

Please forward these rules to District authorities and Public Prosecutors

1. district Collector / Dy. Commissioner shall constitute District Animal Market Monitoring Committee t District level and Animal Market Committee in the area where animal markets exist or planned. These committees will enlist Animal Markets in their respective area and will provide Registration after ensuring several stipulated conditions and will inspect timely.

No Animal market will be organized in aplace within 25 Kilometers from any State Border and 50 KMS from International Borders

22. Restrictions on sale of cattle.— The Member Secretary of the Animal Market Committee shall ensure that-

(a) no person shall bring to an animal market a young animal;

(b) no person shall bring a cattle to an animal market unless upon arrival he has furnished a written declaration signed by the owner of the cattle or his duly authorised agent—

(i) stating the name and address of the owner of the cattle, with a copy of the photo identification proof ;

(ii) giving details of the identification of the cattle;

(iii) stating that the cattle has not been brought to market for sale for slaughter;

(c) every declaration furnished to the Animal Market Committee shall be retained by it for a period of six months from the date on which it is furnished to them and the Animal Market Committee shall, on demand made by an Inspector at any reasonable time during that period, produce such declaration and allow a copy of it or an extract from it to be taken;

(d) where an animal has been sold and before its removal from the animal market, the Animal Market Committee shall—

(i) obtain the expenses incurred for each animal, as approved by the District Animal Market Monitoring Committee, so as to provide the basic facilities for animals and people;

(ii) take an undertaking that the animals are bought for agriculture purposes and not for slaughter;

(iii) keep a record of name and address of the purchaser and procure his identity proof;

(iv) verify that the purchaser is an agriculturist by seeing the relevant revenue document;

(v) ensure that the purchaser of the animal gives a declaration that he shall not sell the animal up to six months from the date of purchase and shall abide by the rules relating to transport of animals made under the Act or any other law for the time being in force;

(vi) retain such record for a period of six months from the date of sale;

(vii) produce such record before an Inspector on demand being made by him at any reasonable time during that period and allow a copy of it or an extract from it to be taken;

(e) the purchaser of the cattle shall –

(i) not sell the animal for purpose of slaughter;

(ii) follow the State cattle protection or preservation laws;

(iii) not sacrifice the animal for any religious purpose;

(iv) not sell the cattle to a person outside the State without the permission as per the State cattle protection or preservation laws;

(f) where a cattle has been sold and before its removal from the animal market, the proof of sale shall be issued in five copies, out of which first copy shall be handed over to purchaser, second copy to seller, third copy to tehsil office of the residence of purchaser, fourth copy to the Chief Veterinary Officer in the district of purchaser and last copy to be kept intact in the record by the Animal Market Committee.

Coming toPrevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.

3. Custody of animals pending litigation.— When an animal has been seized under the provision of the Act or the rules made thereunder—

(a) the authority seizing the animal shall ensure health inspection, identification and marking such animal, through the jurisdictional veterinary officer deployed at Government Veterinary Hospital of the area and marking may be done by ear tagging or by chipping or by any less irksome advance technology but marking by hot branding, cold branding and other injurious marking shall be prohibited;

(b) the magistrate may direct the animal to be housed at an infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala during the pendency of the litigation.

4. Cost of care and keeping of animal pending litigation.— (1) The State Board shall within three months from the date of commencement of these rules and thereafter on the 1st day of April every year, specify the cost of transport, maintenance and treatment per day for every species of animal that is commonly seized in the State.

(2) The magistrate shall use the rates specified by the State Board as the minimum specified rates for transport, maintenance and treatment of the seized animals under sub-section (4) of section 35 of the Act.

(3) In case the animal under consideration is not on the rate sheet specified by the State Board, the magistrate shall fix the cost of transport, treatment and maintenance of the animal based on the input provided by the jurisdictional veterinary officer.

5. Execution of bond.— (1) The magistrate when handing over the custody of animal to an infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala shall determine an amount which is sufficient to cover all reasonable cost incurred and anticipated to be incurred for transport, maintenance and treatment of the animal based on the input provided by the jurisdictional veterinary officer and shall direct the accused and the owner to execute a bond of the determined value with sureties within three days and if the accused and owner do not execute the bond, the animal shall be forfeited to infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala.

(2) The infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala having the custody of the animal may draw on from the bond on a fortnightly basis the actual reasonable cost incurred in caring for the animal from the date it received custody till the date of final disposal of the animal.

(3) The magistrate shall call for the accused and the owner to execute additional bond with sureties once eighty per cent. of the initial bond amount has been exhausted as cost for caring for the animal.

(4) Where a vehicle has been involved in an offence, the magistrate shall direct that the vehicle be held as a security.

(5) In case of offence relating to transport of animals, the vehicle owner, consignor, consignee, transporter, agents and any other parties involved shall be jointly and severally liable for the cost of transport, treatment and care of animals.

(6) In cases where a body corporate owns the animal, the Chief Executive Officer, President or highest-ranking employee of the body corporate, the body corporate and the accused shall be jointly and severally liable for the cost of transport, treatment and care of the animal.

(7) In cases where the Government owns the animal, the Head of the Department and the accused shall be jointly and severally liable for the cost of transport, treatment and care of the animal.

(8) If the owner and the accused do not have the means to furnish the bond, the magistrate shall direct the local authority to undertake the costs involved and recover the same as arrears of land revenue.

6. Abandoned animal.— (1) In case where the investigating officer files a report that prima facie offence under the Act has been made out but he is unable to determine the accused or the owner of the animal, then the magistrate shall direct the local authority to undertake the costs involved and it shall be deemed that the owner has relinquished the ownership of the animal.

(2) The relinquishment of ownership shall have no effect on any criminal charges against the unknown offender or the owner.

7. Voluntary relinquishment.— Nothing in these rules shall be construed to prevent the voluntary and permanent relinquishment of any animal by the owner who is the accused, to infirmary, pinjarapole, SPCA, Animal Welfare Organisation or Gaushala in lieu of executing a bond but the voluntary and permanent relinquishment shall have no effect on any criminal charges against the accused or owner.

8. Status of animal upon disposal of litigation.— (1) If the accused is convicted, or pleads guilty, the magistrate shall deprive him of the ownership of animal and forfeit the seized animal to the infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala already having custody for proper adoption or other disposition. (2) If the accused is found not guilty of all charges, the seized animal shall be returned to the accused or owner of the animal and the unused portion of any bond amount executed shall be returned to the person who executed the bond.

(9) Process of adoption or other disposition.— (1) The infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala having custody of the animal during the litigation or post litigation may euthanize the animal in its custody as per section 13 of the Act.

(2) Where the animal has been forfeited to the infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala after conviction, abandonment or voluntary relinquishment, as the case may be, the animal shall be put up for adoption.

(3) A person who has been charged under the Act or any cattle preservation law made by the State Government shall be prohibited from adopting animals from the infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala.

(4) The infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala prior to giving the animal for adoption shall,—

(a) in case of cattle, take an undertaking in form of an affidavit that the animals are adopted for agriculture purposes and not for slaughter, and verify that the person adopting the animal is an agriculturist by seeing the relevant revenue document;

(b) in case of draught and pack animals, take an undertaking in the form of an affidavit that the animals are adopted for draught and pack purposes and not for slaughter;

(d) keep a record of name and address of the person adopting the animal and procure an identity proof and address proof of the person adopting the animal;

(e) obtain from the person adopting the animal a declaration in the form of an affidavit that he shall not alienate the animal up to six months from the date of adoption and shall abide by the rules for transport framed under the Act or any other law for the time being in force and shall get regular veterinary checkup done for the animal.

These rules will certainly restrict illegal Cattle smuggling and also will help interim Custody holder AWO to serve better and also save precious donors contribution as it is very clearly passed that

1) Rate shall be fixed with in 3 months and every year in April

3)Where a vehicle has been involved in an offence, the magistrate shall direct that the vehicle be held as a security.

4)In case of offence relating to transport of animals, the vehicle owner, consignor, consignee, transporter, agents and any other parties involved shall be jointly and severally liable for the cost of transport, treatment and care of animals.

5) question of ownership addressed in favor of Interim Custody holder.

6) owner execute a bond of the determined value with sureties within three days and if the accused and owner do not execute the bond, the animal shall be forfeited to infirmary, pinjrapole, SPCA, Animal Welfare Organisation or Gaushala.

Please go through word by word and use these Rules to serve speechless animals in best possible manner

Regards

शनिवार, 27 मई 2017

PCA (Regulation of Livestock Market) Rules 2017 & PCA (Care and Maintenance of Case property) Rules 2017

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