4. Establishment of Animals 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 Welfare Board of India].
(2) The Board shall be a body corporate having perpetual succession and a common seal with
power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by its
name sue and be sued.
5. Constitution of the Board.―(1) The Board shall consist of the following persons, namely:―
(a) the Inspector-General of Forests, Government of India, ex officio;
(b) the Animal Husbandry Commissioner to the Government of India, ex officio;
1. Subs. by Act 26 of 1982, s. 2, for clause (b) (w.e.f. 30-7-1982).
2. Subs. by s. 3, ibid., for “Animal Welfare Board” (w.e.f. 30-7-1982).
3. Subs. by s. 4, ibid., for “Animal Welfare Board” (w.e.f. 30-7-1982).
5
1
[(ba) two persons to represent respectively the Ministries of the Central Government dealing
with home affairs and education, to be appointed by the Central Government;
(bb) one person to represent the Indian Board for Wild Life, to be appointed by the Central
Government;
(bc) three persons who, in the opinion of the Central Government, are or have been actively
engaged in animal welfare work and are well-known humanitarians, to be nominated by the
Central Government;]
(c) one person to represent such association of veterinary practitioners as in the opinion of the
Central Government ought to be represented on the Board, to be elected by that 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;
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[(e) one person to represent each of such two municipal corporations as in the opinion of the
Central Government ought to be represented on the Board, to be elected by each of the said
corporations in the prescribed manner;]
(f) one person to represent each of such three organisations actively interested in animal
welfare as in the opinion of the Central Government ought to be represented on the Board, to be
chosen by each of the said organisations in the prescribed manner;
(g) one person to represent each of such three societies dealing with prevention of cruelty to
animals as in the opinion of the Central Government ought to be represented on the Board, to be
chosen in the prescribed manner;
(h) three persons to be nominated by the Central Government;
(i) six members of Parliament, four to be elected by the House of the People (Lok Sabha) and
two by the Council of States (Rajya Sabha).
(2) Any of the persons referred to in clause (a) or 3
[clause (b) or clause (ba) or clause (bb)] of
sub-section (1) may depute any other person to attend any of the meetings of the Board.
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[(3) The Central Government shall nominate one of the members of the Board to be its Chairman
and another member of the Board to be its Vice-Chairman.]
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[5A. Reconstitution of the Board.―(1) In order that the Chairman and other members of the
Board hold office till the same date and that their terms of office come to an end on the same date, the
Central Government may, by notification in the Official Gazette, reconstitute, as soon as may be after
the Prevention of Cruelty to Animals (Amendment) Act, 1982 (26 of 1982) comes into force, the
Board.
(2) The Board as reconstituted under sub-section (1) shall be reconstituted from time to time on
the expiration of every third year from the date of its reconstitution under sub-section (1).
1. Ins. by Act 26 of 1982, s. 5 (w.e.f. 30-7-1982).
2. Subs. by s. 5, ibid., for clause (e) (w.e.f. 30-7-1982).
3. Subs. by s. 5, ibid., for “clause (b)” (w.e.f. 30-7-1982).
4. Subs. by s. 5, ibid., for sub-section (3) (w.e.f. 30-7-1982).
5. Ins. by s. 6, ibid. (w.e.f. 30-7-1982).
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(3) There shall be included amongst the members of the Board reconstituted under
sub-section (1), all persons who immediately before the date on which such reconstitution is to take
effect, are members of the Board but such persons shall hold office only for the unexpired portion of
the term for which they would have held office if such reconstitution had not been made and the
vacancies arising as a result of their ceasing to be members of the Board shall be filled up as casual
vacancies for the remaining period of the term of the Board as so reconstituted:
Provided that nothing in this sub-section shall apply in relation to any person who ceases to be a
member of the Board by virtue of the amendment made in sub-section (1) of section 5 by
sub-clause (ii) of clause (a) of section 5 of the Prevention of Cruelty to Animals (Amendment)
Act, 1982 (26 of 1982)].
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[6. Term of office and conditions of service of members of the Board.―(1) The term for
which the Board may be reconstituted under section 5A shall be three years from the date of the
reconstitution and the Chairman and other members of the Board as so reconstituted shall hold office
till the expiry of the term for which the Board has been so reconstituted.
(2) Notwithstanding anything contained in sub-section (1),―
(a) the term of office of an ex officio member shall continue so long as he holds the office by
virtue of which he is such a member;
(b) the term of office of a member elected or chosen under clause (c), clause (e), clause (f),
clause (g), clause (h) or clause (i) of section 5 to represent any body of persons shall come to an
end as soon as he ceases to be a member of the body which elected him or in respect of which he
was chosen;
(c) the term of office of a member appointed, nominated, elected or chosen to fill a casual
vacancy shall continue for the remainder of the term of office of the member in whose place he is
appointed, nominated, elected or chosen;
(d) the Central Government may, at any time, remove for reasons to be recorded in writing a
member from office after giving him a reasonable opportunity of showing cause against the
proposed removal and any vacancy caused by such removal shall be treated as casual vacancy for
the purpose of clause (c).
(3) The members of the Board shall receive such allowances, if any, as the Board may, subject to
the previous approval of the Central Government, provide by regulations made in this behalf.
(4) No act done or 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 and in particular, and without
prejudice to the generality of the foregoing, during the period intervening between the expiry of the
term for which the Board has been reconstituted under section 5A and its further reconstitution under
that section, the ex officio members of the Board shall discharge all the powers and functions of the
Board.]
7. Secretary and other employees of the Board.―(1) The Central Government shall appoint
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*** the Secretary of the Board.
(2) Subject to such rules as may be made by the Central Government in this behalf, the Board
may appoint such number of other officers and employees as may be necessary for the exercise of its
1. Subs. by Act 26 of 1982, s.7, for section 6 (w.e.f. 30-7-1982).
2. The words “one of its officers to be” omitted by s. 8, ibid. (w.e.f. 30-7-1982).
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powers and the discharge of its functions and may determine the terms and conditions of service of
such officers and other employees by regulations made by it with the previous approval of the Central
Government.
8. Funds of the Board.―The funds of the Board shall consist of grants made to it from time to
time by the Government and of contributions, donations, subscriptions, bequests, gifts and the like
made to it by any local authority or by any other person.
9. Functions of the Board.―The functions of the Board shall be―
(a) to keep the law in force in India for the prevention of cruelty to animals under constant
study and advise the Government on the amendments to be undertaken in any such law from time
to time;
(b) to advise the Central Government on the making of rules under this Act with a view to
preventing unnecessary pain or suffering to animals generally, and more particularly when they
are being transported from one place to another or when they are used as performing animals or
when they are kept in captivity or confinement;
(c) to advise the Government or any local authority or other person on improvements in the
design of vehicles so as to lessen the burden on draught animals;
(d) to take all such steps as the Board may think fit for 1
[amelioration of animals] by
encouraging, or providing for, the construction of sheds, water-troughs and the like and by
providing for veterinary assistance to animals;
(e) to advise the Government or any local authority or other person in the design of
slaughter-houses or in the maintenance of slaughter-houses or in connection with slaughter of
animals so that unnecessary pain or suffering, whether physical or mental, is eliminated in the
pre-slaughter stages as far as possible, and animals are killed, wherever necessary, in as humane a
manner as possible;
(f) to take all such steps as the Board may think fit to ensure that unwanted animals are
destroyed by local authorities, whenever it is necessary to do so, either instantaneously or after
being rendered insensible to pain or suffering;
(g) to encourage, by the grant of financial assistance or otherwise 2
[the formation or
establishment of pinjrapoles, rescue homes, animal shelters, sanctuaries and the like] where
animals and birds may find a shelter when they have become old and useless or when they need
protection;
(h) to co-operate with, and co-ordinate the work of, associations or bodies established for the
purpose of preventing unnecessary pain or suffering to animals or for the protection of animals
and birds;
(i) to give financial and other assistance to animal welfare organisations functioning in any
local area or to encourage the formation of animal welfare organisations in any local area which
shall work under the general supervision and guidance of the Board;
1. Subs. by Act 26 of 1982, s. 9, for “ameliorating the condition of beasts of burden” (w.e.f. 30-7-1982).
2. Subs. by s. 9, ibid., for “the formation of pinjrapoles, sanctuaries and the like” (w.e.f. 30-7-1982).
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(j) to advise the Government on matters relating to the medical care and attention which may
be provided in animal, hospitals and to give financial and other assistance to animal hospitals
whenever the Board thinks it necessary to do so;
(k) to impart education in relation to the humane treatment of animals and to encourage the
formation of public opinion against the infliction of unnecessary pain or suffering to animals and
for the promotion of animal welfare by means of lectures, books, posters, cinematographic
exhibitions and the like;
(l) to advise the Government on any matter connected with animal welfare or the prevention
of infliction of unnecessary pain or suffering on animals.
10. Power of Board to make regulations.―The Board may, subject to the previous approval of
the Central Government, make such regulations as it may think fit for the administration of its affairs
and for carrying out its functions.