(1) When in respect of an animal an offence under sub-section
(1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, I960 has been committed, or when there is a reasonable ground for suspecting that such offence has been committed, a police officer may—
(a) take the animal to the Metropolitan Magistrate, or
(b) if the accused person so requires, take the animal to a veterinary officer specified by general or special order by the Administrator in this behalf:
Provided that the police officer may, instead of taking the animal to a veterinary officer, take the animal for detention in a dispensary, or in any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its production before a Metropolitan Magistrate, or
(c) take the animal to an infirmary appointed under section 35 of the said Act for treatment and detention therein, penditig direction of a Magistrate under sub-section (2) of that section, or
(d) when the animal is In such physical condition that it cannot be taken to a veterinary officer or a Metropolitan Magistrate, draw Notifications under section 70 to be laid before pBrllament.
Eeferen.
cea to Judicial I/Magistrate of the First Class in sections 108,109 and 110 of the Code of Criminal Procedure, 1973 not to be construed as refe.
rences to an Executive Magistrate.
Powers with regard to offences under Act 50 of 1960.
2 of 1974.
10 of 1897.
Sfcc. i] T H E GAZETTE OF INDIA EXTRAORDINARY 305 up a report of the condition of the animal in the presence of two or more respectable persons describing such wound, sores, fractures, bruises, or other marks of injury as may be found on the body of the animal:
Provided that the police officer may take the animal for detention in a dispensary or any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its production before a Metropolitan Magistrate.
(2) Where an animal is detained in a dispensary, infirmary or othei place under sub-section (1), the animal shall be produced before a Metropolitan Magistrate with the least possible delay and in any case within a period not exceeding three days from the date on which it was so detained.
74. When the animal is brought before a Metropolitan Magistrate under section 73, the Magistrate may direct the animal to be returned to the person from whose possession it was taken on such person giving security to the satisfaction of the Metropolitan Magistrate binding himself to produce the animal when required or may direct that the animal shall be sent for treatment and care to an infirmary and be detained there as provided in section 35 of the Prevention of Cruelty to Animals Act, 1&60 or may make such order as he thinks fit regarding the disposal or custody or production of the animal.
75. The veterinary officer before whom an animal is brought under section 73 shall with all convenient speed examine the same and draw up a report of such examination and a copy of the report of such examination shall be delivered free of charge to the accused person if he applies for it.
76. When under section 73, a police officer takes an animal for detention in a dispensary or infirmary or other place before its production before a Metropolitan Magistrate or a Metropolitan Magistrate directs its further detention in an infirmary, sub-sections (3) to (7) (both inclusive) of section 35 of the Prevention of Cruelty to Animals Act, 1960 shall, as far as may be, apply in relation to the detention of the animal (including the cost of transport, maintenance and treatment of the animal) in the dispensary, infirmary or other place.
77. When a police officer in good faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose of ascertaining whether any sore exists and, if any person refuses to do so, such police officer may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.
78. Any police officer may arrest, without a warrant from a Magistrate, any person committing in his presence any offence punishable under clauses (a) to (m) (both inclusive) of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act, 1960.
39 ol I960.
Powers of Metropolitan Magistrate to return animal to person from whose possession it was taken.
Veteri.
nary officer to examine the animal.
Animal to be dealt with under Act 59 of 1960.
Power of police officer to unsaddle the animal or to unload it.
Arrest without warrant :n case of certain offences under Act 59 of "QUO.
30(5 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II— 79, The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Prevention of Cruelty to Animals Act, I960.
CHAPTER X OFFENCES AND PUNISHMENTS
80. No person shall—
(a) when driving a vehicle along a street (except in cases of actual necessity or of some other sufficient reason for deviation) fail to keep on the left side of such street and when passing any other vehicle proceeding in the same direction fail to keep on the right side of such vehicle; or
(b) leave in any street or public place insufficiently tended or secured any animal or vehicle.
81. No person shall cause obstruction, damage, injury, danger, alarm >r mischief in any street or public place—
(i) by misbehaviour, negligence or ill-usage in the driving, management, t reatment or care of any animal or vehicle; or
(ii) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or public place contrary to any regulation made in that behalf.
82. No person shall in any street or public place expose for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or jroom any horse or other animal except at such times and places as the competent authority permits, or shall train or break in any horse or )ther animal or make any vehicle or any part of a vehicle or (except when as a result of any accident repairing on the spot is unavoidable) repair any vehicle or part of a vehicle, or carry on therein any manufacture or operation so as to be a serious impediment to traffic or serious annoyance to residents in the vicinity or to the public.
83. No person shall cause obstruction in any street or public place—
(a) by allowing any animal or vehicle, which has to be loaded or unloaded, or take up or set down passengers, to remain or s tand in the street or the public place longer than may be necessary for such purpose; or
(b) by leaving any vehicle standing or fastening any cattle in the street or the public place; or
(c) by using any part of a street or public place as a halting place for vehicles or cattle; or
(d) by leaving any box, bale, package or other things whatsoever in or upon a street for an unreasonable le