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Section 38 – The Prevention of Cruelty to Animals Act,1960

The Prevention of Cruelty to Animals Act,1960

Section 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 wake rules providing for all or any of the following matters, namely:

(a) The 1[x x x] 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;

(e) The conditions to be observed for preventing the overcrowding of animals;

(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;

3[(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;]

(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;

4[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 purpose to which fines realised under this Act may be applied, including such purposes as the maintenance of infirmaries, pinjrapole and veterinary hospitals;

(l) Any other matter which was 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.

5[x x x ]

——————–

1. The words “terms and” omitted by Act 26 of 1982, S,16 (a) (i).

2. Ins. by Act 26 of 1982; S. 16 (a) (ii)

3. Ins. by Act 26 of 1982; S. 16 (a) (iii).

4. Ins. by Act 26 of 1982. S. 16(a) (iv).

5.
Sub-section (4) of the Principal Act” omitted by Act 26 of 1982, S. 16(b)

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The Prevention of Cruelty to Animals Act,1960

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