28. Saving as respects manner of killing prescribed by religion.―Nothing contained in this
Act shall render it an offence to kill any animal in a manner required by the religion of any
community.
15
29. Power of court to deprive person convicted of ownership of animal.―(1) If the owner of
any animal is found guilty of any offence under this Act, the court, upon his conviction thereof, may,
if it thinks fit, in addition to any other punishment, make an order that the animal with respect to
which the offence was committed shall be forfeited to Government and may, further, make such order
as to the disposal of the animal as it thinks fit under the circumstances.
(2) No order under sub-section (1) shall be made unless it is shown by evidence as to a previous
conviction under this Act or as to the character of the owner or otherwise as to the treatment of the
animal that the animal, it left with the owner, is likely to be exposed to further cruelty.
(3) Without prejudice to the provisions contained in sub-section (1), the court may also order that
a person convicted of an offence under this Act shall, either permanently or during such period as is
fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or, as
the court thinks fit, of any animal of any kind or species specified in the order.
(4) No order under sub-section (3) shall be made unless―
(a) it is shown by evidence as to a previous conviction or as to the character of the said person
or otherwise as to the treatment of the animal in relation to which he has been convicted that an
animal in the custody of the said person is likely to be exposed to cruelty;
(b) it is stated in the complaint upon which the conviction was made that it is the intention of
the complainant upon the conviction of the accused to request that an order be made as aforesaid;
and
(c) the offence for which the conviction was made was committed in an area in which under
the law for the time being in force a licence is necessary for the keeping of any such animal as
that in respect of which the conviction was made.
(5) Notwithstanding anything to the contrary contained in any law for the time being in force, any
person in respect of whom an order is made under sub-section (3) shall have no right to the custody of
any animal contrary to the provisions of the order, and if he contravenes the provisions of any order,
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.
(6) Any court which has made an order under sub-section (3) may at any time, either on its own
motion or on application made to it in this behalf, rescind or modify such order.
30. Presumption as to guilt in certain cases.―If any person is charged with the offence of
killing a goat, cow or its progeny contrary to the provisions of clause (l) of sub-section (1) of
section 11, and it is proved that such person had in his possession, at the time the offence is alleged to
have been committed, the skin of any such animal as is referred to in this section with any part of the
skin of the head attached thereto, it shall be presumed until the contrary is proved that such animal
was killed in a cruel manner.
31. Cognizability of offences.―Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (5 of 1898), an offence punishable under clause (l), clause (n) or clause (o) of
sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of
that Code.
32. Power of search and seizure.―(1) If a police officer not below the rank of sub-inspector or
any person authorised by the State Government in this behalf has reason to believe that an offence
under clause (l) of sub-section (1) of section 11 in respect of any such animal as is referred to in
16
section 30 is being, or is about to be, or has been, committed in any place, or that any person has in
his possession the skin of any such animal with any part of the skin of the head attached thereto, he
may enter and search such place or any place in which he has reason to believe any such skin to be,
and may seize such skin or any article or thing used or intended to be used in the commission of such
offence.
(2) If a police officer not below the rank of sub-inspector, or any person authorised by the State
Government in this behalf, has reason to believe that phooka or 1
[doom dev or any other operation of
the nature referred to in section 12] has just been, or is being, performed on any animal within the
limits of his jurisdiction, he may enter any place in which he has reason to believe such animal to be,
and may seize the animal and produce it for examination by the veterinary officer in charge of the area
in which the animal is seized.
33. Search warrants.―(1) If a magistrate of the first or second class or a presidency magistrate
or a sub-divisional magistrate or a commissioner of police or district superintendent of police, upon
information in writing, and after such inquiry as he thinks necessary, has reason to believe that an
offence under this Act is being, or is about to be, or has been committed in any place, he may either
himself enter and search or by his warrant authorise any police officer not below the rank of
sub-inspector to enter and search the place.
(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), relating to searches shall,
so far as those provisions can be made applicable, apply to searches under this Act.
34. General power of seizure for examination.―Any police officer above the rank of a
constable or any person authorised by the State Government in this behalf, who has reason to believe
that an offence against this Act has been or is being, committed in respect of any animal, may, if in his
opinion the circumstances so require, seize the animal and produce the same for examination by the
nearest magistrate or by such veterinary officer as may be prescribed, and such police officer or
authorised person may, when seizing the animal, require the person in charge thereof to accompany it
to the place of examination.
35. Treatment and care of animals.―(1) The State Government may, by general or special
order, appoint infirmaries for the treatment and care of animals in respect of which offences against
this Act have been committed, and may authorise the detention therein of any animal pending its
production before a magistrate.
(2) The magistrate before whom a prosecution for an offence against this Act has been instituted
may direct that the animal concerned shall be treated and cared for in an infirmary, until it is fit to
perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the
veterinary officer in charge of the area in which the animal is found or such other veterinary officer as
may be authorised in this behalf by rules made under this Act certifies that it is incurable or cannot be
removed without cruelty, that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate directs
that it shall be sent to a pinjrapole or that it shall be destroyed, be released from such place except
upon a certificate of its fitness for discharge issued by the veterinary officer in charge of the area in
which the infirmary is situated or such other veterinary officer as may be authorised in this behalf by
rules made under this Act.
1. Subs. by Act 26 of 1982, s.15, for “doom dev” (w.e.f. 30-7-1982).
17
(4) The cost of transporting the animal to an infirmary or pinjrapole, and of its maintenance and
treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of
rates to be prescribed by the district magistrate, or, in presidency-towns, by the commissioner of
police:
Provided that when the magistrate so orders on account of the poverty of the owner of the animal
no charge shall be payable for the treatment of the animal.
(5) Any amount, payable by an owner of an animal under sub-section (4) may be recovered in the
same manner as an arrear of land revenue.
(6) If the owner refuses or neglects to remove the animal within such time as a magistrate may
specify, the magistrate may direct that the animal be sold and that the proceeds of the sale be applied
to the payment of such cost.
(7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner
within two months from the date of the sale, be paid to him.
36. Limitation of prosecutions.―A prosecution for an offence against this Act shall not be
instituted after the expiration of three months from the date of the commission of the offence.
37. Delegation of powers.―The Central Government may, by notification in the Official
Gazette, direct that all or any of the powers exercisable by it under this Act, may, subject to such
conditions as it may think fit to impose, be also exercisable by any State Government.
38. Power to make rules.―(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 purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central
Government may make rules providing for all or any of the following matters, namely:―
(a) the 1
*** conditions of service of members of the Board, the allowances payable to them
and the manner in which they may exercise their powers and discharge their functions;
2
[(aa) the manner in which the persons to represent municipal corporations are to be elected
under clause (e) of sub-section (1) of section 5;]
(b) the maximum load (including any load occasioned by the weight of passengers) to be
carried or drawn by any animal;
(c) the conditions to be observed for preventing the over-crowding of animal;
(d) the period during which, and the hours between which, any class of animals shall not be
used for draught purposes;
(e) prohibiting the use of any bit or harness involving cruelty to animals;
2
[(ea) the other methods of destruction of stray dogs referred to in clause (b) of
sub-section (3) of section 11;
(eb) the methods by which any animal which cannot be removed without cruelty may be
destroyed under sub-section (3) of section 13;]
1. The words “terms and” omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982).
18
(f) 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;
(g) the precautions to be taken in the capture of animals for purposes of sale, export or for any
other purpose, and the different appliances or devices that may alone be used for the purpose; and
the licensing of such capture and the levying of fees for such licences;
(h) 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.
(i) 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 walls or surroundings of such premises, to permit their inspection for the purpose of
ascertaining whether any offence under this Act is being, or has been, committed therein, and to
expose in such premises copies of section 12 in a language or languages commonly understood in
the locality;
(j) the form in which applications for registration under Chapter V may be made, the
particulars to be contained therein, the fees payable for such registration and the authorities to
whom such applications may be made;
1
[(ja) the fees which may be charged by the Committee constituted under section 15 for the
registration of persons or institutions carrying on experiments on animals or for any other
purpose;]
(k) the purposes to which fines realised under this Act may be applied, including such
purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals;
(l) any other matter which has to be, or may be, prescribed.
(3) 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.
2
* * * * *
3
[38A. Rules and regulations to be laid before Parliament.―Every rule made by the Central
Government or by the Committee constituted under section 15 and every regulation made by the
Board shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation
as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be
made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or annulment, shall be without prejudice
to the validity of anything previously done under that rule or regulation.]
1. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982).
3. Ins. by s. 17, ibid. (w.e.f. 30-7-1982).
19
39. Persons authorised under section 34 to be public servants.―Every person authorised by
the State Government under section 34 shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
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
(45 of 1860) respect of anything in good faith done or intended to be done under this Act.
41. Repeal of Act 11 of 1890.―Where in pursuance of a notification under sub-section (3) of
section 1 any provision of this Act comes into force in any State, any provision of the Prevention of
Cruelty to Animals Act, 1890 (11 of 1890), which corresponds to the provision so coming into force,
shall thereupon stand repealed.