The Prevention of Cruelty to Animals Act, 1960

(1) This Act may be called the Prevention ofCruelty to Animals Act, 1960. (2) It extends to the whole of India 1***. (3) It shall come into force on such date as the Central Government may, by notification in theOfficial Gazette, appoint, and different dates 1 may be appointed for different States and for thedifferent provisions contained in this Act.

In this Act, unless the context otherwise requires,-- (a) "animal" means any living creature other than a human being; 1[(b) "Board" means the Board established under section 4, and as reconstituted from time totime under section 5A;] (c) "captive animal" means any animal (not being a domestic animal) which is in captivity orconfinement, whether permanent or temporary, or which is subjected to any appliance orcontrivance for the purpose of hindering or preventing its escape from captivity or confinement orwhich is pinioned or which is or appears to be maimed; (d) "domestic animal" means any animal which is tamed or which has been or is beingsufficiently tamed to serve some purpose for the use of man or which, although it neither has beennor 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 other authority for thetime being invested by law with the control and administration of any matters within a specifiedlocal area; (f) "owner", used with reference to an animal, includes not only the owner but also any otherperson for the time being in possession or custody of the animal, whether with or without theconsent of the owner; (g) "phooka" or "doom dev" includes any process of introducing air or any substance into thefemale organ of a milch animal with the object of drawing off from the animal any secretion ofmilk; (h) "prescribed" means prescribed by rules made under this Act; (i) "street" includes any way, road, lane, square, court, alley, passage or open space, whether athoroughfare or not, to which the public have access. STATE AMENDMENTS Karnataka Amendment of section 2.--In section 2 of the Prevention of Cruelty to Animals Act, 1960(Central Act 59 of 1960) (hereinafter referred to as the Principal Act),-- (i) after clause (a), the following shall be inserted, namely:--- "(aa) "Bulls race or Bullock cart race" means any form of bulls race including race of Bullockcart as a traditional sports involving Bulls whether tied to cart with the help of wooden yoke or not (inwhatever name called) normally held as a part of tradition and culture in the state on such days andplaces, as may be notified by the State Government."; and (ii) after clause (d), the following shall be inserted, namely:-- "(dd) "Kambala" means the traditional sports event involving Buffalo's (male) race normallyheld as a part of tradition and culture in the state on such days and places, as may be notified by theState Government." [Vide Karnataka Act 2 of 2018, s. 2]. Maharashtra Amendment of section 2 of 59 of 1960.--In section 2 of the Prevention of Cruelty to animals Act, 1960 (59 of 1960), in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), after clause (b), the following clause shall be inserted, namely:-- “(bb) “bullock cart race” means an event involving bulls or bullocks to conduct a race, whether tied to cart with the help of wooden yoke or not (by whatever name called), with or without a cartman with a view to follow tradition and culture on such days and in any District where it is being traditionally held at such places, as may be previously approved by the District Collector, and also known as “Bailgada Sharyat”, “Chhakadi” and “shankarpat” in the State of Maharashtra;”. [Vide Maharashtra Act 45 of 2017, s. 2].

It shall be the duty of every person having thecare or charge of any animal to take all reasonable measures to ensure the well-being of such animaland to prevent the infliction upon such animal of unnecessary pain or suffering. STATE AMENDMENTS Karnataka Amendment of section 3.--Section 3 of the principal Act, shall be re-numbered as sub-section(1) of that section and after sub-section (1) as so renumbered, the following sub-section shall beinserted, namely:-- "(2) Notwithstanding anything contained in sub-section (1) conduct of "Kambala" or "Bulls raceor Bullock cart race" shall be permitted, subject to condition that no unnecessary pain or suffering iscaused to the animals, by the person incharge of that animal used to conduct "Kambala" or "Bullsrace or Bullock cart race" as the case may be and subject to such other conditions as may be specified,by the State Government, by notification." [Vide Karnataka Act 2 of 2018, s. 3]. Maharashtra Amendment of section 3 of 59 of 1960.--Section 3 of the principal Act shall be re-numbered as sub-section (1) thereof; and after sub-section (1) as so re-numbered, the following sub-sections shall be added, namely:-- "(2) Notwithstanding anything contained in sub-section (1), the bullock cart race may be conducted with the prior permission of the Collector, subject to the condition that no pain or suffering as envisaged by or under the Act is caused to the animal by any person or person in charge of the animal used to conduct bullock cart race and subject to such other conditions as may be prescribed by rules under section 38B by the State Government. (3) If any person or person in charge of the animals conducts bullock cart race in contravention of the conditions laid down in sub-section (2) or rules made thereunder relating to the bullock cart race or causes pain or suffering to the animal, he shall be punished with fine which may extend upto rupees five lakhs or imprisonment for a term which may extend upto three years.". [Vide Maharashtra Act 45 of 2017, s. 3].

(1) For the promotion of animalwelfare generally and for the purpose of protecting animals from being subjected to unnecessarypain or suffering, in particular, there shall be established by the Central Government, as soon as maybe after the commencement of this Act, a Board to be called the 1[Animal Welfare Board of India]. (2) The Board shall be a body corporate having perpetual succession and a common seal withpower, subject to the provisions of this Act, to acquire, hold and dispose of property and may by itsname sue and be sued.

(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[(ba) two persons to represent respectively the Ministries of the Central Government dealingwith 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 CentralGovernment; (bc) three persons who, in the opinion of the Central Government, are or have been activelyengaged in animal welfare work and are well-known humanitarians, to be nominated by theCentral Government;] (c) one person to represent such association of veterinary practitioners as in the opinion of theCentral Government ought to be represented on the Board, to be elected by that association in theprescribed manner; (d) two persons to represent practitioners of modern and indigenous systems of medicine, tobe nominated by the Central Government; 2[(e) one person to represent each of such two municipal corporations as in the opinion of theCentral Government ought to be represented on the Board, to be elected by each of the saidcorporations in the prescribed manner;] (f) one person to represent each of such three organisations actively interested in animalwelfare as in the opinion of the Central Government ought to be represented on the Board, to bechosen 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 toanimals as in the opinion of the Central Government ought to be represented on the Board, to bechosen 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) andtwo 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)] ofsub-section (1) may depute any other person to attend any of the meetings of the Board. 4[(3) The Central Government shall nominate one of the members of the Board to be its Chairmanand another member of the Board to be its Vice-Chairman.]