(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 purpose of this Act.
(2) In particular, and without prejudice to the generally of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely:-
(a) the terms and conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their power and discharge their fimctopms;
(b) the maximum load (including any load occasioned by the weight of animals;-
(c) the period during which and the hours between which, any class of animals shall not be used for fraught purposes.
(d) prohibiting the use of any it or harness involving cruelty to animals
(e) 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;
20
(f) the precautions to be taken in the capture of animals for purpose of sale, export or for any other purpose, and the different appliances or deceases that may alone be use for the purposes and the licensing of such capture and the levying of fees for such licenses;
(g) 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;
(h) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary wall or surroundings of such premises to permit their inspection for the purpose of ascertaining whether any offence under this Act is nei=on, or has been, committed therein and to expose in such premises copies of section 12 in a language or language commonly understand in to locality;
(i) the form in which applications for registration under Chapter V may be made, the particulars to be obtain therein, the fees payable for such registration and the authorities to whom such applications may be made;
(j) the purpose to which find realized under this Act may be applied, including such purpose as the maintenancece of infirmaries, pinjrapoles and veterinary hospitals;
(i) any other matter which has to be or may be prescribed.
(ii) 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.
(3) Every rule made by the Central Government under his section shall be load as soon as may be after it is made before each House of Parliament while it is in section for a total period of thirty days which may be comprised in one session in two successive sessions, and if, before the expiry of session in which it is so laid or the session immediately following both Houses agree in making any modification if the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only such modified form or be of no effect as the case may be so however that any such modification or annul-ment shall be without prejudice to the validity of anything previously done under that rule.
(*) For (1) Prevention of Curelty to Draought and, Pack animals Rules, 1965, see Gazette of India, 3-4-1965, Pt. II. Sec.3(ii). P.1195; for (2) Prevention of cruelty to animals (Licensing if Ferries) Rules, 1965. The Draught and Pack Animals Rules, 1965, were enforced in - 21
(1) Andhra Pradesh, 0n 7-3-1966 See Andh. Pradesh Gazzette, 31-3-1966 Pt. I, page 688 ;
Rajasthan, on 15-9-1967 - See Raj. Gazzette, 21-9-1967, Pt. IV (G), page 707;
Mysore, on 1-9-19165, See Mys. Gazzette, 26-8-1965, Pt. IV.S.2-C(ii), page 2554, Maharashtra, on 1-2-1966-See Maharashtra Govt. Gazzette 19-5-1966, Pt.
IV-A page 74;
Gujarat on 15-55-1956 - See Gujarat Govt. Gazzette 19-5-1966, Pt. IV-A, Page 648;
Madhya Pradesh on 1-5-1966 -See Madhya Pradesh Gazette, 1-4-1966, Pt.
1, page 488;
Tamil Nadu, on 1-10-1065-See T.N. Gazzette 22-9-1965, Pt. II, S.I. Page
1884.
(2) The farries Liensing Rules, 1965, were enforced in Tamil Nadu, on 1-4- 1965-See Fort St. George Gaz. 13-4-1965, Pt. II, S.1 page 558;
Pondicherry, on 15-5-1966-See India Gaz., 10-5-1966, Page 248;
Madhya Pradesh on 1-11-1967 - See Madhya Pradesh. Gaz. 3-11-1967, Pt.
1, Page 1334.
Mysore on 1-9-1965-See Mys. Gaz. 26-8-1965, Pt. IV, S.2-C(ii) Page 2554;
Himachal Pradesh on 1-12-1968 - See Himachal Pradesh Gazette 10-11- 1968 p. 552; Andhra Pradesh on 1-4-1967-See Andh. Pra. Gaz. 5-1-1967, Pt.
1. Page 16.
39. Persons authorized under section 34 to be public servants - Every person authorized by the State Government under sections 34 shall be deemed to be a public servants 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.
41. Repeal of Act XI of 1860 - Where in pursuance of notification under sub-section (3) of section I any provision of this Act comes into force in any State, any provision so of the Prevention of cruelty to animals Act, 1890, which corresponds to the provision so coming into force, shall there upon stand repealed.
22 MADHYA PRADESH ACT No. 9 OF 1962.
THE MADHYA PRADESH PREVENTION OF CRUELTY TO ANIMALS LAWS REPEALING ACT, 1962.
(Received the assent of the Governor on the 11th July, 1962; assent first published in the "Madhya Pradesh Gazette", Extraordinary on the 20th July, 1962) An Act to repeal certain enactments relating to the prevention of cruelty to animals in force in the State.
Be it enacted by the Madhya Pradesh Legislature the Thirteenth Year of the Republic of India as follows:- This Act may be called the Madhya Pradesh Prevention short title of Cruelty to Animal Law Repealing Act, 1962.
Repeal of certain enactments.
Where in pursuance of a notification under sub-section (3) of section 1 of the Prevention of cruelty to Animals Act, 1960 (No. 59 of 1960), any provision thereof comes into force in the State, any provision of the enactments mentioned in the Schedule which corresponds to the provisions so coming into force, shall thereupon stand repealed.
SCHEDULE (See Section - 2) REPEALS Year Number Name of enactment 1949 52 The Madhya Bharat Prevention of cruelty to Animals Act, Samvat 2006.
1990 XI The Prevention of Cruelty to Animals Act, 1890 as applied to the former State of Rajasthan by Adaptation of Central Laws Ordinance, 1950 (IV of 1950), in its application to Sironj region.
23 (To be published in Part II section 3 (Sub-section ii) of Gazette of India.
No. 19-12-63-LD Government of India Ministry of Food & Agriculture) New Delhi dated the 11th July 1963.
Notification In exercise of the powers conferred by sub-section (3) of section 1 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Govt. hereby appoints the 15th day of July 1963 as the date on which the provisions of Chapter IV of the said Act shall come into force in the States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Rajasthan, Uttar Pradesh and West Bengal and in the U.Ts. of Delhi, Himachal Pradesh, Manipur and Tripura.
Sd/-- K.C. Sarkar, Under Secretary to the Government of India.
To, The General Manager, Govt. of India Press,, New Delhi.
Copy forwarded for information to :
All State Govts. / U. Ts. (except Jammu & Kashmir, Punjab, Andman & Nicobar Islands, Laccashdive, Minicoy and Amindivi Islands).
Sd/- Under Secretary to the GOI.
24 (To be published in Part II Section 3 (Sub-Section ii) of the Gazetted of India) No. 9-2/61-ID Government of India Ministry of Food & Agriculture (Department of Agriculture) New Delhi, the 26th August, 1961.
NOTIFICATION In exercise of the powers conferred by sub-section (3) of section 1 of the Prevention of cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby appoints the 1st day of September 1961 as the date on which the provisions of Chapters I & II of the said Act shall come into force in the States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Uttar Pradesh & West Bengal and the U.Ts. of Delhi, Manipur and Tripura.
(K.C. Sarkar) Under Secretary To, The General Manager, Government of India Press, New Delhi.
Copy forwarded for information to :-
1. The Secretary, to the Government of Madhya Pradesh, Receipt of the notification may please be acknowledged.
Sd/- Under Secretary.