This Act may be called THE PREVENTION OF CRUELTY TO ANIMAL 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 Hate as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for the different provisions contained in this Act.
(*) The Act has been extended to the Union territories of (1) Dadra and Nagar Haveli by Regn. 6 of 1963 (1-7-1965); (ii) Pondichery by Regn. VII of 1963 (1-10-1963; and (iii) Goa Damen and Diu by Regn. XO of 1963 (1- 7-1964).
(+) Ist April, 1961 is the date appointed in which the Act came into force in the State of Punjab (now divided into States of Punjab and Haryana and Union territory of Chandigarh) and the Union territory of the Andamen and Nicobar Island-See S.O. 823 DATED 1-4-1961 ( Himachal Pradesh is now a State under Act 53 of 1970) See Gazette of India 1961, Pt. II Sect. 3 (ii), Page 2397.
Chapter I and II came into force in the States of Assam, Andhra Pradesh, Bihar, Gujrat, Kerala, Madras (now Tamil Nadu), Maharashtra, Madhya Pradesh, Mysore Orissa, Uttar Pradesh and West Bengal and the Union Territories of Delhi, Manipur and Tripura (all are State now under Acts 53 of 1970 and 81 of 1971) on 1-9-1961-See S.O. 2061, Dated 25-8- 1961, Gazette of India, 2-9-1961, Pt. II. Sect 3 (ii), Pt. 2154. said two Chapter, i.e. and II, came into force in Rajasthan on 26-1-1962 - See S.O.
21, dated 28-12-1961, Gaz. of Ind, dated 6-1-1962, Pt. ii, See 3 (ii) Page II.
Chapter IV came into force in the States of Assam, Andhra Pradesh, Bihar, Gujrat, Kerala, Madhya Pradesh, Madras (now Tamil Nadu, Maharashtra, Mysore, Orrissa, Rajasthan, Uttar Pradesh and West Bengal and the Union Territories of Delhi, Himachal Pradesh, Manipur and Tripura on 15-7-1963.
3 (Himachal Pradesh, Manipur and Tripura on 15-7-1963. (Himachal Pradesh, Manipur and Tripura are full-fledged States now-see Acts 53 of 1970 and 81 of 1971)-S.O. 5000 dated 11-7-1963, Gazette of India, 21-7-1963, Pt. II, See 3 (ii), Page 2242.
Chapter III and VI came into force in the States of Assam, Andhra Pradesh, Bihar, Gujrat, Kerala, Madhya Pradesh, Madras (now Tamil Nadu), Maharashtra,Mysore, Orissa, Rajasthan and U.P. and in the Union Territories of Delhi, Himachal Pradesh, Manipur and Tripura on 21-11- 1963-See S.O. 3160, dated 29-101963, Gazette of India, 9-11-1963, Pt. II See.S(ii). P. 3980. (Himachal Pradesh, Manipur and Tripura and full fledged States now-see Acts 53 of 1970 and 81 of 1971.)
2. Definition - In this Act, unless the context otherwise requires,
(2) "animal" means any living creature other than a human being (Cf.
Penal Clde, Section 47) Note- The definition of animal in the present Act in wider than the one in 2890 Act, where in it is defined as any domestic or captured animal.
(b) "Board " means the Animal Welfare Board establishment under section 4;
(c) "captive" animal" means any animal (act being a domestic animal which is in captivity or confinement, whether permanent or temporary, or which is subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from captivity or definement or which is pointed or which is or appears to be named;
(d) "Domestic" animal" means any animal which is tamed or which had been or is being sufficiently tamed to serve some purpose for the use of man or which along with it neither has been nor is being 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 others 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 consent of the owner;
(g) Phooka" or "doom - dev" includes any process of introduction air or any substance into the female organ or a milch animal with the object of drawing off farm the animal any section of milk.
(h) "Prescribed" means prescribed by rules made under this Act.
4
(i) "Street" includes any way, road lane, square, court, alley passage or open space, whether a through fare 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 change 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
1. Establishment of animal welfare Board:- (1) For the promotion of animal welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain of 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 Animal Welfare Board.
2. The Board shall be a body corporate having perpetual successor and a common seal with power, subject to the provisions of this Act, of acquire hold and dispose of property and may be its name sue and be used.
3. Chapter II came into force in the Union territory of Himachal Pradesh on 2nd October 1961 - See Gazette of India 1961, Pt. II Sec.3 (ii), Page
2397. H.P. is a State (See Act 53 of 1970 See also foot note (*) under section I for extension of this Chapter.
Note:- There is no provision in 1890 Act for the constitution if Animals Welfare Board, for the promotion of animal Welfare generally.
Constitution of the Board (1) The Board shall consist of the following persons, namely:-
(a) the Inspector-General of Forests, Government of India, exofficer.
(b) the animal Husbandry Commissioner to the Government of India ex-officer;
(c) one person to represent sent such association of veterinary practitioners as in the opinion of the Central Government ought to be represented on the Board, to be elected by the association in the prescribed manner.
(d) two persons to represent practitioners of modern and indigenous systems of medicine, to be nominated by the Central Government.
5
(e) one person to represent each of the Municipal Corporations of Bombay, Calcutta, Delhi and Madras and one person to represent any other Municipal Corporation as, in the opinion of the Central Government ought to be represented on the Board to be chosen by each of the said organizations in the prescribed manner.
(f) one person to represent each of such time organizations activity interested in animals welfare as in the opinion of the Central Government ought to be represented on the Board, to be chosen be each of the said corporations in the prescribed manner;
(g) three persons to be nominated by the Central Government.
(h) six members of parliament four to be elected by House.
(i) six members of parliament, four to be elected by the House of the people (Lok Sabha) and two by the council of State (Rajya Sabha).
2. Any of the person referred to in clause (a) or clause (b) of sub-section
(1) may depute any other person to attend any of the meetings of the Board.
(3) One of the Members of the Board shall be nominated by the Central Government to be its Chairman.
(4) The term of office of a member elected or chosen under clause (c), clause (e), clause (f), clause (g), or clause (1) of section 5 to represent any body of persons shall come to an end as soon as he cases to be a member of the body which elected him or in respect of which he was chosen.
(5) The term of office of a member nominated, elected or chosen to full a casual vacancy, shall continue for the remainder of the term of office of the member in whose place he is nominated, elected or chosen.
(6) The members of the Board shall receive such allowances, if any as the Board may, subject to the previous approval of the term of office of the member in whose place he is nominated, elected or chosen.
(7) The members of the Board shall received such allowances, if any, as the Board may subject to the previous approval of the Central Government, provided by regulations made by it in this behalf.
(8) No act done on proceeding taken by the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.
(*) Many such Corporations have been set up in different states now, e.g.
Poona, Nagpur, Sholapur in Maharashtra State, Ahemedabad, Surat, Baroda and Bhavnagar in Gujarat State, Kanpur, Allahabad, etc., in U.P. Delhi is also a Corporation now: Banglore, Hubli-Dharwar in Mysore States Indore, Gwalior and Jabalpur in Madhya Pradesh State, etc.
6