The Prevention of Cruelty to Animals Act, 1960

Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Animal Husbandry and Dairying

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Section
Section 1 Short title, extent and commencement. 1 docs
(1) This Act may be called the Prevention of Cruelty 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 the Official Gazette, appoint, and different dates 1 may be appointed for different States and for the different provisions contained in this Act.

1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).

2 1st April, 1961, vide Notification No.S.O.823, dated the 1st April, 1961, in respect of the State of Punjab and the Union territory of Andaman and Nicobar Island, see Gazette of India 1961, Part II, sec. 3(ii).


1st September, 1961, vide Notification No. S.O. 2061, dated the 25th August, 1961, for Chapters I and II in respect of the States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Uttar Pradesh and West Bengal and the Union territories of Delhi, Manipur and Tripura, see Gazette of India, 1961, Part II, sec. 3(ii).


2nd October, 1961, vide Notification No. S.O. 2286, dated 15th September 1961, Chapters I and II in respect of the Union territory of Himachal Pradesh, Gazette of India, Part II, sec. 3(ii).


26th January, 1962, vide Notification No. S.O. 21, dated 28th December, 1961, provisions of Chapters I and II in respect of the State of Rajasthan, see Gazette of India, Part II, sec. 3(ii).


15th July, 1963, vide Notification No. S.O. 2000, dated 11th July, 1963, Chapter IV in respect of the States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Rajasthan, Uttar Pradesh and West Bengal and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, see Gazette of India, Part II, sec. 3(ii).


20th November, 1963, vide Notification No. S.O. 3160, dated 29th October, 1963, Chapters III and VI in respect of the States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Rajasthan and Uttar Pradesh and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, see Gazette of India. Part II, sec. 3(ii).


24th May, 1977, vide Notification No. S.O. 1902, dated 24th May 1977, provisions of Chapter V in respect of all the States and the Union territories to which this Act extends (except the State of Jammu and Kashmir).


This Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. and comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch.I (w.e.f. 1-10-1963). and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965).


Section 2 Definitions.
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 to time under section 5A;]

(c) "captive animal" means any animal (not 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 confinement or which 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 being sufficiently tamed to serve some purpose for the use of man or which, although 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 other 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 the consent of the owner;

(g) "phooka" or "doom dev" includes any process of introducing air or any substance into the female organ of a milch animal with the object of drawing off from the animal any secretion of milk;

(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 a thoroughfare 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 Bullock cart as a traditional sports involving Bulls whether tied to cart with the help of wooden yoke or not (in whatever name called) normally held as a part of tradition and culture in the state on such days and places, 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 normally held as a part of tradition and culture in the state on such days and places, as may be notified by the State 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].

1 . Subs. by Act 26 of 1982, s. 2, for clause (b) (w.e.f. 30-7-1982).
Section 3 Duties of persons having charge of animals.
It shall be the duty of every person having the care or charge 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.


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 be inserted, namely:--

"(2) Notwithstanding anything contained in sub-section (1) conduct of "Kambala" or "Bulls race or Bullock cart race" shall be permitted, subject to condition that no unnecessary pain or suffering is caused to the animals, by the person incharge of that animal used to conduct "Kambala" or "Bulls race 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].

Section 4 Establishment of Animal Welfare Board of India. 11 docs
(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 1[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.

1 Subs. by s. 4, ibid., for "Animal Welfare Board" (w.e.f. 30-7-1982).
Section 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[(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;

2[(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.

4[(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.]

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).

Section 5A Reconstitution of the Board. 19 docs
1[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).

(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).]

1 Ins. by s. 6, ibid. (w.e.f. 30-7-1982).

Section 6 Term of office and conditions of service of members of the Board.
1[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.]

1 Subs. by Act 26 of 1982, s.7, for section 6 (w.e.f. 30-7-1982).

Section 7 Secretary and other employees of the Board.
(1) The Central Government shall appoint 1*** 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 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.

1. The words "one of its officers to be" omitted by s. 8, ibid. (w.e.f. 30-7-1982).
Section 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.




Section 9 Functions of the Board . 1 docs
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;

(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.

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)

Section 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.

Section 11 Treating animals cruelly.
(1) If any person--

(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animal to be so treated; or

(b) 1[employs in any work or labour or for any purpose any animal which, by reason of its age or any disease], infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed;

(c) wilfully and unreasonably administers any injurious drug or injurious substance to 2[any animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by 2[any animal]; or

(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or

(e) keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or

(f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or

(g) being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or

(h) being the owner of 3[any animal] fails to provide such animal with sufficient food, drink or shelter; or

(i) without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or

(j) wilfully permits any animal, of which he is the owner, to go at large in any street while the animal is affected with contagious or infectious disease or, without reasonable excuse permits any diseased or disabled animal, of which he is the owner, to die in any street; or

(k) offers for sale or, without reasonable cause, has in his possession any animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or

4[(l) multilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections in the heart or in any other unnecessarily cruel manner; or]

5[(m) solely with a view to providing entertainment--

(i) confines or causes to be confined any animal (including tying of an animal as a bait in a tiger or other sanctuary) so as to make it an object of prey for any other animal; or

(ii) incites any animal to fight or bait any other animal; or]

(n) 6*** organises, keeps, uses or acts in the management of, any place for animal fighting or for the purpose of baiting any animal or permits or offers any place to be so used or receives money for the admission of any other person to any place kept or used for any such purposes; or

(o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting;

he shall be punishable, 7[in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.]

(2) For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence:

Provided that where an owner is convicted of permitting cruelty by reason only of having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.

(3) Nothing in this section shall apply to--

(a) the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the prescribed manner; or

(b) the destruction of stray dogs in lethal chambers or 8[by such other methods as may be prescribed]; or

(c) the extermination or destruction of any animal under the authority of any law for the time being in force; or

(d) any matter dealt with in Chapter IV; or

(e) the commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind unless such destruction or preparation was accompanied by the infliction of unnecessary pain or suffering.

STATE AMENDMENTS

Karnataka

Amendment of section 11.--In section 11 of the principal Act, in sub-section (3), after clause (e), the following shall be inserted, namely:--

"(f) the conduct of "Kambala" with a view to follow and promote tradition and culture and ensure preservation of native breed of buffalos as also their safety, security and wellbeing.

(g) the conduct of "Bulls race or Bullock cart race" with a view to follow and promote tradition and culture and ensure preservation of native breed of cattle as also their safety, security and wellbeing."

[Vide Karnataka Act 2 of 2018, s. 4].

Maharashtra.--

Amendment of section 11 of 59 of 1960.--In section 11 of the principal Act, in sub-section (3), after clause (c), the following clause shall be inserted, namely:--

“(c-1) the conduct of bullock cart race in accordance with the provisions of sub-section (2) of section 3 or participation therein with a view to follow and promote tradition and culture and ensure preservation of native breeds of bulls as also their purity, safety, security and well being; or”.

[Vide Maharashtra Act 45 of 2017, s. 4].

1 Subs. by Act 26 of 1982, s.10, for certain words (w.e.f. 30-7-1982).

2 Subs. by s. 10, ibid., for "any domestic or captive animal" (w.e.f. 30-7-1982).

3 Subs. by s. 10, ibid., for "any captive animal" (w.e.f. 30-7-1982).

4 Subs. by Act 26 of 1982, s. 10, for clause (l) (w.e.f. 30-7-1982).

5 Subs. by s. 10, ibid., for clause (m) (w.e.f. 30-7-1982).

6. The words "for the purposes of his business" omitted by s.10, ibid. (w.e.f. 30-7-1982).

7 Subs. by s. 10, ibid., for certain words (w.e.f. 30-7-1982).

8 Subs. by s. 10, ibid., for "by other methods with a minimum of suffering "(w.e.f. 30-7-1982).

Section 12 Penalty for practising phooka or doom dev.
If any person performs upon any cow or other milch animal the operation called phooka or 1[doom dev or any other operation (including injection of any substance) to improve lactation which is injurious to the health of the animal] or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to the Government.

1 Subs. by Act 26 of 1982, s. 11, for "doom dev" (w.e.f. 30-7-1982).

Section 13 Destruction of suffering animals.
(1) Where the owner of an animal is convicted of an offence under section 11, it shall be lawful for the court, if the court is satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed and to assign the animal to any suitable person for that purpose, and the person to whom such animal is so assigned shall, as soon as possible, destroy such animal or cause such animal to be destroyed in his presence without unnecessary suffering, and any reasonable expense incurred in destroying the animal may be ordered by the court to be recovered from the owner as if it were a fine:

Provided that unless the owner assents thereto, no order shall be made under this section except upon the evidence of a veterinary officer in charge of the area.

(2) When any magistrate, commissioner of police or district superintendent of police has reason to believe that an offence under section 11 has been committed in respect of any animal, he may direct the immediate destruction of the animal, if in his opinion, it would be cruel to keep the animal alive.

(3) Any police officer above the rank of a constable or any person authorised by the State Government in this behalf who finds any animal so diseased or so severely injured or in such a physical condition that in his opinion it cannot be removed without cruelty, may, if the owner is absent or refuses his consent to the destruction of the animal, forthwith summon the veterinary officer in charge of the area in which the animal is found, and if the veterinary office certifies that the animal is mortally injured or so severely injured or in such a physical condition that it would be cruel to keep it alive, the police officer or the person authorised, as the case may be may, after obtaining orders from a magistrate, destroy the animal injured or cause it to be destroyed 1[in such manner as may be prescribed].

(4) No appeal shall lie from any order of a magistrate for the destruction of an animal.

1 Ins. by s.12, ibid. (w.e.f. 30-7-1982).

Section 14 Experiments on animals.
Nothing contained in this Act shall render unlawful the performance of experiments (including experiments involving operations) on animals for the purpose of advancement by new discovery of physiological knowledge or of knowledge which will be useful for saving or for prolonging life or alleviating suffering or for combating any disease, whether of human beings, animals or plants.

Section 15 Committee for control and supervision of experiments on animals. 14 docs
(1) If at any time, on the advice of the Board, the Central Government is of opinion that it is necessary so to do for the purpose of controlling and supervising experiments on animals, it may, by notification in the Official Gazette, constitute a Committee consisting of such number of officials and non-officials, as it may think fit to appoint thereto.

(2) The Central Government shall nominate one of the members of the Committee to be its Chairman.

(3) The Committee shall have power to regulate its own procedure in relation to the performance of its duties.

(4) The funds of the Committee 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 person.

Section 15A Sub-committees. 5 docs
1[15A. Sub-committees.-- (1) The Committee may constitute as many sub-committees as it thinks fit for exercising any power or discharging any duty of the Committee or for inquiring into or reporting and advising on any matter which the Committee may refer.

(2) A sub-committee shall consist exclusively of the members of the Committee.]

1. Ins. by Act 26 of 1982, s. 13 (w.e.f. 30-7-1982).

Section 16 Staff of the Committee.
Subject to the control of the Central Government, the Committee may appoint such number of officers and other employees as may be necessary to enable it to exercise its powers and perform its duties, and may determine the remuneration and other terms and conditions of service of such officers and other employees.

Section 17 Duties of the Committee and power of the Committee to make rules relating to experiments on animals.
(1) It shall be the duty of the Committee to take all such measures as may be necessary to ensure that animals are not subjected to unnecessary pain or suffering before, during or after the performance of experiments on them, and for that purpose it may, by notification in the Gazette of India and subject to the condition of previous publication, make such rules as it may think fit in relation to the conduct of such experiments.


1[(1A) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely:--


(a) the registration of persons or institutions carrying on experiments on animals;


(b) the reports and other information which shall be forwarded to the Committee by persons and institutions carrying on experiments on animals.]


(2) In particular, and without prejudice to the generality of the foregoing power, rules made by the Committee shall be designed to secure the following objects, namely:--


(a) that in cases where experiments are performed in any institution, the responsibility therefor is placed on the person in charge of the institution and that, in cases where experiments are performed outside an institution by individuals, the individuals are qualified in that behalf and the experiments are performed on their full responsibility;


(b) that experiments are performed with due care and humanity, and that as far as possible experiments involving operations are performed under the influence of some anaesthetic of sufficient power to prevent the animals feeling pain;


(c) that animals which, in the course of experiments under the influence of anesthetics, are so injured that their recovery would involve serious suffering, are ordinarily destroyed while still insensible;


(d) that experiments on animals are avoided wherever it is possible to do so; as for example, in medical schools, hospitals, colleges and the like, if other teaching devices such as books, models, films and the like may equally suffice;


(e) that experiments on larger animals are avoided when it is possible to achieve the same results by experiments upon small laboratory animals like guinea-pigs, rabbits, frogs and rats;


(f) that, as far as possible, experiments are not performed merely for the purpose of acquiring manual skill;


(g) that animals intended for the performance of experiments are properly looked after both before and after experiments;


(h) that suitable records are maintained with respect to experiments performed on animals.


(3) In making any rules under this section, the Committee shall be guided by such directions as the Central Government (consistently with the objects for which the Committee is set up) may give to it, and the Central Government is hereby authorised to give such directions.


(4) All rules made by the Committee shall be binding on all individuals performing experiments outside institutions and on persons in charge of institutions in which experiments are performed.




1 Ins. by s. 14, ibid. (w.e.f. 30-7-1982).

Section 18 Power of entry and inspection.
For the purpose of ensuring that the rules made by it are being complied with, the Committee may authorise any of its officers or any other person in writing to inspect any institution or place where experiments are being carried on and report to it as a result of such inspection, and any officer or person so authorised may--

(a) enter at any time considered reasonable by him and inspect any institution or place in which experiments on animals are being carried on; and

(b) require any person to produce any record kept by him with respect to experiments on animals.