Animal Birth Control Rules, 2022

[31st July 2022]

G.S.R. 656(E).- In exercise of the powers conferred by clause (i) of sub-sections (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), in supersession with the S.O. 1256 (E) published on 24th December, 2001 and amended vide S.O. 303(E) dated 8th February, 2011,except asrespect things done or omitted to be done before such supersession,the Central Government is proposing to publish draft rules for public comments within sixty days of the publication of the draft rules in the Gazette of India.

Any person desiring to make any suggestion or objection in respect of the said draft rules may forward the same for consideration of the Central Government, within the period specified above, to the Joint Commissioner (Animal Welfare), Cabin No. 6, Chander Lok Building, Janpat, New Delhi -110001.

Rule - 1. Short title and commencement.

(1)     These rules may be called the Animal Birth Control Rules, 2022.

(2)     They shall come into force on the date of their final publication in the Official Gazette.

Rule - 2. Definition.

 

In these rules, unless the context otherwise requires, -

(a)      "Act" means the Prevention of Cruelty to Animals Act, 1960.

(b)      "Animal Birth Control Center" means a veterinary facility with surgical infrastructure, postoperative care kennels, quarantine kennels, isolation kennels, dog transport vehicles with necessary logistics and other such facilities as prescribed by the Board, built for the purpose of carrying out the Animal Birth Control Program for street dogs.

(c)      "Animal Shelter" means place where stray or street or abandoned animals are kept for adoption or rehabilitation, general treatment while they are ill or injured.

(d)      "Animal Welfare Committee" means committee constituted under these rules for resolution of the community dog feeding;

(e)      "Animal Welfare Organisation" means any organization working for welfare of animals which is registered under the Societies Registration Act of 1860 (21 of 1860) or any corresponding law for the time being in force and which is recognized by the Animal Welfare Board of India as per the extant policy of the Board.

(f)       "Board" means the Animal Welfare Board of India, established under section 4 and as reconstituted under Section 5A of the Act;

(g)      "Certificate" means the Certificate of Project Recognition issued by the Board to any Animal Welfare Organization or Local Authority for the purpose of the Animal Birth Control Programme under these Rules.

(h)     "Committee" means a monitoring committee established under these rules

(i)       "Community Animals" means any animal born in a community for which no ownership has been claimed by any individual or an organization, excluding wild animals as defined under the wildlife Protection Act, 1972 (53 of 1972)

(j)       "Inspection Team" means team authorised by the Board or State Board under Rules.

(k)      "Local Authority" means a Municipal Committee, Municipal Council, District Administration, District Panchayats/Board, Cantonment Board or other authority for the time being invested by the law with the control and administration of any matters within a specified local area;

(l)       "Owner" means the owner of an animal and includes any other person in possession or custody of such animal whether with or without the consent of the owner;

(m)    "State Board" means the State Animal Welfare Board constituted, in a State, by the State Government.

(n)     "Society for Prevention of Cruelty to Animals (SPCA)" means a SPCA established under the Rules framed under this Act;

(o)      "Veterinary practitioner" means a veterinary practitioner registered under the provisions of the Indian Veterinary Council Act, 1984 (52 of 1984).

(p)      "Jurisdictional Veterinary Officer" Veterinary Officer of the Animal Husbandry Department deployed at the Government Veterinary Hospital of the Animal Husbandry Department of the area.

(q)      "Project In-charge" means Veterinary Officer deployed by the Local Authority for conducting the Animal Birth Control program for street dogs. Project in-charge of the Local Authority shall be a Veterinary Officer on the Regular Payroll of the Local Authority or State Government.

(r)      "Project Recognition Committee" means committee constitute by the board for the scrunity and examination on the applications of the Project Recognition of the Animal Birth Control programme

(s)      "Animal Birth Control program" means Birth Control program carried out for animal under these Rules by a local authority or an animal welfare organisation.

(t)       "Module" means document in writing for Dog Population Management and Rabies Eradication published and updated by the Board from time to time, which shall serve as the Standard Operating Procedure for Animal Birth Control program for street dogs.

Rule - 3. Project Recognition.

The local authority may conduct the Animal Birth Control program through their own veterinary officers, or if required, local authority may engage the services of an Animal Welfare Organisation which is duly recognised by the Board for Animal Birth Control and which has the requisite training, expertise and human resources, for conducting the Animal Birth Control program. Under both conditions, obtaining a Certificate Project Recognition from the Board shall be mandatory.

(1)     No local authority or organisation shall undertake, conduct or organise animal birth control program for street dogs without a Certificate of Project Recognition from the Board.

(2)     Any Animal Welfare Organization which is not disqualified from contracting under any law for the time being in force, may apply for Project Recognition by submitting their application in the Form-I appended to the First Schedule with a non-refundable fee of Rs 5,000/- (Five thousand rupees only) to the Board.

(3)     Any Animal Welfare Organisation applying for Project Recognition under these Rules must be already recognised as an Animal Welfare Organisation by the Board.

(4)     If a Local Authority is conducting the animal birth control program through its own veterinary officers, the Project In-charge of the Local Authority shall obtain Project Recognition from the Board. The application fee will be exempt if the Animal Birth Control program will be executed by Veterinary Officers of the Local Authority. All other conditions and the Module published by the Board will be applicable.

(5)     An applicant applying for Project Recognition for conducting the Animal Birth Control Programme shall be required to make separate applications for each separate Animal Birth Control Center.

(6)     Applicant seeking aProject Recognition shall submit the attested copy of the Registration Certificate issued by Veterinary Council of India/ State Veterinary Council, for each Veterinary Doctor, who will be deployed on particular project. Applicant shall submit a copy of experience certificate issued by Government Authority. The Vet/Vets proposed to be deployed by the Applicant must have total combined experience of having conducted at least 5,000 Animal Birth Control Surgeries in case of deployment in the area of a Municipal Corporation and total combined experience of having conducted at least 2,000 Animal Birth Control Surgeries in case of deployment in the area of a Nagar Palika, Nagar Panchayat, Village Panchayats or other Rural Local Bodies.

(7)     the Board shall constitute a Project Recognition committee for recognition of the projects;

(8)     the Board shall upon receipt of the application for project recognition direct the Animal Husbandry Department of the concerned State to inspect the proposed Animal Birth Control Center and confirm the availability of requisite facilities in accordance with the Module published by the Board. The inspection must be conducted by a team comprising of:

(i)       Chief Veterinary Officer of the District

(ii)      Nodal Officer of the State Animal Birth Control Monitoring Committee

(iii)     Representative of the Board or the State Board.

(9)     The inspection team must submit a report signed by all the members of the inspection team as per the inspection Performa prescribed by the Board within a period of ten days from date of inspection.

(10)   The Project Recognition Committee, after consideration of the inspection report under sub-rule (8) and on being satisfied that the Animal Birth Control Center is complying with the requirements as specified under these Rules, may recommend issuing the Certificate of Project Recognition for Animal Birth Control programme.

(11)   Based on the recommendation of the Project Recognition Committee, the Board may issue recognition certificate for the specific project under these rules which shall be non-transferable.

(12)   Project In-charge of the Local Authority or Veterinarian of the Organisation shall ensure that the Certificate of Project Recognition is prominently displayed at the Animal Birth Control Center and such certificate shall also be produced on the request of the inspection authority.

Rule - 4. Refusal of recognition.

The Board shall not recognise any Project operated by the Local Authority or Animal Welfare Organisation under these rules, if-

(1)     The information submitted by the Local Authority or Animal Welfare Organisation is found to be false or if the applicant has made deliberate misstatements in the application or provided falsified or fabricated records to the Board;

(2)     The Animal Welfare Organisation at any stage prior to submission of the application for recognition under these rules, has been convicted of any offence under this Act and/or Rules made thereunder, or any other State or Central Act promulgated for the protection of animals or for any offence relating to animals under any other law for the time being in force;

(3)     The Animal Welfare Organisation has refused to allow the inspection team to perform inspection in the entire premises or part of the premises, or denied access to the documents or any records as mandatory under these rules.

(4)     If the Project Recognition committee considers that the infrastructure and available manpower at the Animal Birth Control Center is not commensurate with the prescribed requirements, the Board may reject the application giving reasons in writing within a period of 30 days from the receipt of the Report from the Inspection team as in Rule 3(7) above.

Rule - 5. Prohibition without recognition.

No Animal Birth Control Program for street dogs shall be conducted unless the Local Authority or the Animal Welfare Organisation has obtained a certificate of Project Recognition for conducting such a program under these Rules.

Provided that any local authority or animal welfare organization referred to in the first proviso fails to apply for the certificate of Project Recognition within a period of six months or has been refused the Project Recognition for any reason specified under these rules, then the concerned local authority shall discontinue such animal birth control programme. In case any dog catching or surgeries have been conducted then the same shall be stopped immediately and all the dogs shall be treated by the Project In-charge or an animal welfare organisation, until they are fit to be released.

Rule - 6. Renewal of recognition.

(1)     A certificate of Project Recognition for Animal Birth Control Center issued by the Board shall be valid for a period of three years from the date of recognition and may be renewed upon receipt of an application being made to the Board under these Rules.

An application for renewal of recognition shall be made, at least sixty days prior to the expiry of the Project Recognition for Animal Birth Control program, to the Board in the Form-IV appended to the First Schedule with a non-refundable Renewal Fee of five thousand rupees to the Board. The provisions of rule 3 shall mutatis mutandi apply.

(2)     The Board, after consideration of the inspection report submitted by inspection authority under sub-rule

(3)     of Rule 3 and on being satisfied that the Animal Birth Control Center is complying with the requirements as specified under these rules, may renew the Certificate of Project Recognition of the Animal Birth Control Center by issuing renewal in the format as given in Form-V appended to the First Schedule.

(4)     A renewal for the Certificate of Project Recognition issued by the Board shall be valid for a period of three years, renewable upon receipt of an application and Renewal Fee by the Board under these Rules.

Rule - 7. Classification of animals.

Animals classified for the purpose of these rules are as under

(a)      Pet animals - dogs owned and kept indoor by individuals.

(b)      Street dogs or community owned Indian dogs or abandoned pedigreed dogs which are homeless, living on the street or within a gated campus.

Rule - 8. Responsibility for Vaccination and Sterilization.

(1)     In case of pet animals the owner of the animal shall be responsible for the deworming, immunization and sterilization.

(2)     In case of street animals, the local authority shall be responsible for deworming, immunization and sterilization and may engage an Animal Welfare Organisation duly recognised by the Board to carry out the animal birth control program in accordance with these Rules.

Rule - 9. Formation of Monitoring Committees and its Functions.

The Monitoring Committees shall be constituted for effective implementation of Animal Birth Control Programs in accordance with these Rules to control the population of street animals, for eradication of rabies and for reducing man-animal conflict.

The Monitoring Committees shall be constituted as follows:

(1)     A Central Animal Birth Control Monitoring &Coordination Committee for Dog Population Management and Rabies Eradication shall be constituted to ensure coordination between different stakeholders at the Central Government and between the Central Government and the State Governments. The constitution of the Committee and its functions shall be prescribed in Schedule-II.

(2)     A State Animal Birth Control Implementation & Monitoring Committee shall be constituted at the State /Union Territory level in all States and Union Territories. This Committee shall coordinate the implementation of the Animal Birth Control Program across the State in a scientific and phasewise manner. The constitution of the Committee and its functions shall be prescribed in Schedule-II.

(3)     A Local Animal Birth Control Monitoring Committee shall be constituted at the Local Authority level in all States and Union Territories. The constitution of the Committee and its functions shall be prescribed in Schedule-II.

Rule - 10. Obligations of the Local Authority.

(1)     The local authority shall ensure following facilities are available in each Animal Birth Control Center within their jurisdiction:

(a)      sufficient number of kennels and veterinary hospital facilities which may be managed by local authority or animal welfare organization;

(b)      requisite number of vans with necessary modifications for safe handling and transportation of dogs;

(c)      A mobile Operation Theatre Van equipped with surgical infrastructure to be provided as mobile center for sterilisation and immunization for smaller local bodies, where considered necessary and where kennels for post-operative care are available;

(d)      incinerators to be installed by the local authority for disposal of organs and carcasses. Where an incinerator is not feasible, deep burial method may be adopted.

(e)      periodic repair and maintenance of Animal Birth Control Center.

(f)       Close Circuit Television (CCTV) to be installed in the entire premises specifically in the Operation theatre and where the animals are housed at Animal Birth ControlCentre, and shall maintain the record of video surveillance for a minimum of three months or as specified from time to time by the Board or State Board. The video recordings may be made available for the inspecting authority, monitoring committee or the Board upon enquiry or request.

(g)      cleanliness and hygiene to be maintained at all times at the Animal Birth Control Center.

(h)     records for catching, release, medicine, surgery, feeding, vaccinations of all animalsbrought to the Animal Birth Control Centerto be maintained.

(2)     The local authority shall reimburse the expenses of sterilization/ immunization on a regular basis, if the services of an animal welfare organisation have been engaged.

(3)     The Local Animal Birth Control Monitoring Committee shall be constituted by the Local Authority and it shall meet at least once every month to assess the progress made with regard to implementation of the Animal Birth Control Program.

(4)     The local authority shall inquire into the matter of violation of these rules on receipt of the complaint against the Animal Birth Control Center and shall terminate or suspend any engagement with such an organisation on the basis of the recommendation of the Local Animal Birth Control Monitoring Committee or the Board.

Rule - 11. Capturing/sterilization/immunization/release.

(1)     Capturing of street dogs shall be conducted for the following reasons only:

(a)      General purpose: for which the local authority in consultation with the Monitoring Committees shall decide to control the excess population of street dogs through animal birth control program in a specific area or region.

(b)      Specific complaints: for which the local authority in consultation with the Monitoring Committee shall set up an Animal Complaint Cell at the Animal Birth Control Center to receive information or complaints about dog bites from street dogs suspected to be suffering from Rabies.

(2)     The dog capturing team shall consist of:

(i)       The driver of the van

(ii)      Two or more trained employees of the local authority or Animal Welfare Organisation who are trained in humanely capturing street dogs.

(iii)     One representative of any of the Animal Welfare Organization nominated for the purpose. Each member of the capturing squad shall carry a valid identity card issued by the local authority.

(3)     Before the street dogs are captured in any locality, the representative of the local authority or of the Animal Welfare Organization shall put up banners/public notices making announcement informing residents that animals will be captured from the area for the purpose of sterilization and immunization and will be released in the same area after sterilization and immunization. The announcement may also briefly educate the residents of the area about the animal birth control programme and solicit the support of all the residents reassuring them that the local authority is taking adequate steps for their safety and the safety of the animals. Such outreach efforts shall be instituted at each Animal Birth Control Center as well.

(4)     The capturing of the animals shall be done by using humane methods such as net catching or hand catching or any other manner that is less irksome to the animal. Use of tongs or wires for catching dogs shall be strictly prohibited.

(5)     Only a stipulated number of animals, according to the housing capacity of the Animal Birth Control Center, shall be captured. Dogs from only one area shall be brought for sterilization, immunization at a given time in Animal Birth Control Center. Effort must be made to avoid bringing into contact dogs from different areas.

(6)     All the dogs caught shall be identified with a numbered collar immediately upon arrival at the Animal Birth Control Center. The number shall correspond to capture records to ensure that each dog is released, in the same area from where it was captured, after sterilization and immunisation.

(7)     Street dog sunder the age of six month shall not be captured for and undergo sterilization. Female animals with puppies shall not be captured for sterilization till their litter is 2 months of age.

(8)     The captured animals shall be brought to the Animal Birth Control Center having Certificate of Project Recognition from the Board and managed by the Local Authority or Animal Welfare Organisation where they shall be examined by veterinary practitioners. Healthy animals should be separated from sick or injured animals. The sick or injured animal shall be given adequate treatment. The treated animals should be sterilized only after their recovery.

(9)     The kennels where the dogs are kept should be marked by visibly writing the name of the locality on each kennel door. The kennels for individual dogs should be at least 3 feet wide, 4 feet deep and at least 6 feet high. Kennels for 3 to 5 dogs can also be provided for, where each dogs gets at least 3 feet by 4 feet floor space. The kennel should be provided with a door or gate of vertical iron bars. The gaps between adjacent bars should be no more than 2 inches. Adequate roofing is necessary to provide shade and shelter from inclement weather and also to prevent the dogs from escaping. Care should be taken while designing the kennel to ensure that there is sufficient cross ventilation of air through the kennels. The kennels should be designed to have a raised area at the rear of the kennel where the dog may lie down comfortably. There must be proper drainage system in all kennels to facilitate cleaning.

(10)   Dogs from the same family/social group may be kept one single kennel. Male and female dogs must be housed separately. The dogs shall be kept in quarantine kennels for 12 hours before surgery, without food or water.

(11)   Sterilization surgery and vaccination must be performed by a Veterinarian under the close supervision of the Jurisdictional Veterinary Officers of the Local authority in a well-equipped Operation Theatre. The approved surgical procedures and the minimum requirements shall be as prescribed by the Board in the Module.

(12)   A V shaped notch shall be made on the right ear of each dog during sterilization surgery. Such clipping of the ear helps in identification of the dog as sterilized and immunized, once it is back on the street. Branding of dogs shall not be permitted.

(13)   After recovering from the surgery, the dogs shall be kept in kennels for at least four days after the sterilization for post-operative care. Adequate and healthy food twice a day and potable drinking water at all times must be provided to each dog.

Male and female dogs should be housed separately.

(14)   The Animal Birth Control Center shall have sufficient space for proper housing and free movement of dogs. The place should have proper ventilation and natural lighting and must be kept clean.

(15)   The dogs shall be released at the same place or locality from where they were captured and the date, time and place of their release shall be recorded after their complete recovery. The representative of the local authority or of the animal welfare organization shall accompany the team at the time of release. From time to time, the Board may prescribe a suitable application for geo-tagging the location of the dogs during capture and release.

(16)   In order to carry out the Animal Birth Control surgeries safely and humanely, the Implementing Agency shall abide by the directions given by the Board regarding the Standard Operating Procedures in the Module from time to time.

Rule - 12. Records to be maintained.

The Project In-charge of the Local Authority or the Animal Welfare Organisation shall maintain the following records at the Animal Birth Control Center:

(1)     Record of animals captured including the following;

(i)       the name of the area/locality from where the dog was captured,

(ii)      date and time of capture,

(iii)     names of persons in the capturing squad responsible for the capture,

(iv)    details about dogs captured -tag number of the dog, number of males, females, colour, identification marks and approximate age.

(2)     Feeding Record for each kennel and Food Inventory

(3)     Treatment Record for each dog

(4)     Medicine and Vaccine Inventory

(5)     Mortality Record

(6)     Equipment Inventory including surgical equipment etc.

(7)     Dog Van Logbooks

(8)     Staff attendance Record

(9)     Organ Inspection Record

(10)   CCTV Footage for previous 30 days (Thirty days)

Rule - 13. Reports.

The Project In-charge of the Local Authority or the Veterinarian in-charge of the Animal Welfare organisation conducting animal birth control program which has obtained Project Recognition under these rules shall:-

(a)      submit a monthly progress report to the Local Animal Birth Control Monitoring Committee, of the number of street dogs sterilized and vaccinated with the following details in formats prescribed in Schedule III and IV:

(i)       total number of street dogs caught

(ii)      total number of street dogs sterilized

(iii)     total number of street dogs housed for observation only

(iv)    total number of dogs that died before, during or after surgery

(v)      name and qualification of each veterinarian engaged with the project and the number of dogs sterilized by each veterinarian during the month.

(vi)    name& registration number of each veterinarian with number of Animal Birth Control surgeries conducted by him/her in each of the preceding month

(vii)   number of post-operative complications &mortality against the surgeries conducted by each veterinarian, in a form prescribed in Schedule-III

(b)      submit an annual report to the Board through the State Animal Birth Control Monitoring Committee, not later than the 31st day of May every year regarding total number of animals captured, sterilized, immunized during the previous year ending on 31st March;

(c)      submit, such other information as may be required by the Board or State Board, from time to time in prescribed format;

Rule - 14. Power to Inspect.

(1)     The Board shall have the power to authorise an inspection team in writing to inspect any Animal Birth Control Center on receipt of a complaint or for periodical inspection:

(2)     The Inspection Team shall, have power to-

(a)      enter into the premises and access to all areas within the premises and all animals, and records, to ascertain whether the requirements of these rules are being complied with;

(b)      take pictures, record videos, and make copies of the records.

(3)     The recognised unit under these rules shall be inspected at least once in a year.

(4)     The Inspection Team shall submit their report to the Board and to the State Monitoring Committee.

(5)     No prior notice may be given by the Inspection team for conducting such inspection.

Rule - 15. Euthanasia of Street Dogs.

(1)     Incurably ill and mortally wounded dogs as diagnosed by a team appointed by the Local Animal Birth Control Monitoring Committee shall be euthanized during specified hours in a humane manner by intravenous administration of sodium pentobarbital or any other approved humane manner, by a qualified veterinarian.

(2)     The team shall consist of the Jurisdictional Veterinary Officer, the Project In-Charge and a Representative of the Board/State Board.

(3)     No dog shall be euthanized in the presence of another dog. The person responsible for euthanizing shall make sure that the animal is dead, before disposal.

(4)     Records for euthanasia shall be maintained with the reasons for euthanasia under the signature of the team appointed as above.

Rule - 16. Resolution of Complaints regarding dog bites or rabid dogs.

The Local Authority may establish an Animal Helpline. Either the Project In-Charge or the Animal Welfare Organisation shall be responsible for recording and resolving conflict cases that may be reported.

(i)       On receipt of such a complaint, the details such as name of the complainant, his complete address, date and time of complaint, nature of complaint etc. shall be recorded in a register to be maintained for permanent record.

(ii)      The information of any dog bite shall be promptly shared with the Government Medical Hospital to recommend post bite treatment.

(iii)     Such animals shall be humanely captured and kept for observation at the Animal Birth Control Center. Upon the advice of the Veterinary Practitioner, a dog showing symptoms of any communicable disease shall be housed in the Isolation Kennel where food and water must be provided to the dog twice every day.

(iv)    Any suspected rabid dog would then be subjected to inspection by a panel of two personsi.e a veterinary surgeon appointed by the Local Authority and a representative from an Animal Welfare Organisation.

(v)      If the dog is found to have a high probability of having rabies, it would be isolated till it dies a natural death. Death normally occurs within 10 days of contracting rabies. Premature killings of suspected rabid dogs, therefore, prevents the true incidence of rabies from being known and appropriate action being taken.

(vi)    If the dog is found not to have rabies but some other disease or is furious in nature then it would be handed over to the Animal Welfare Organisation who will take the necessary action to cure and release the dog after 10 days of observation.

(vii)   The carcasses of dogs that are suspected to have died of rabies shall be disposed of in an incinerator or adopting any other method as prescribed by the Chief Veterinary Officer of the District.

(viii)  If the Animal Birth Control program is being run by an animal welfare organisation, it shall be reimbursed by the Local Authority for keeping and treating such dogs under observation at a rate determined by the Local Animal Birth Control Monitoring Committee.

(ix)    The Local Authority shall display outreach material provided by the Board on prominent sites in the city, to sensitize people about street dogs.

Rule - 17. Counting and disposal of Organs.

The reproductive organs removed from male and female dogs shall be stored in 10% Formaldehyde at the Animal Birth Control Center.

(i)       The organs shall be counted fortnightly or monthly or as often as decided by the Local Animal Birth Control Monitoring Committee, by a team comprising of the following:

(a)      Chief Veterinary Officer or any Veterinary Officer authorised by him

(b)      Project In-Charge Veterinary Officer

(c)      Representative of the State Board/SPCA

(d)      Representative of any Animal Welfare Organisation

Provided that the Animal Welfare Organisation which is conducting the Animal Birth Control program shall not be part of the Organ Inspection Team.

(ii)      The organs shall be preserved in separate plastic boxes marked with number of male & female genital organs and date of Surgery.

(iii)     The Organ Inspection Team shall count all the organs and verify the Progress Report of the Implementing Agency for the period in question.

(iv)    The counted organs shall be immediately destroyed in the presence of the Organ Inspection Team, by spraying of tattoo dye and deep burial or incineration. The process of dying and burying the organs shall be video recorded and photographed with the date and time stamp.

(v)      The State ABC Monitoring Committee shall conduct surprise inspection at least once every year in each ABC Center to ensure adherence to the rules & take necessary action in case of non-compliance.

Rule - 18. Effect of Non-Compliance.

(1)     After considering the report(s) referred to in rule 14 if the Board is of the opinion that any provisions under these Rules are contravened or any violation of provision of the Prevention of Cruelty to Animal Act, 1960 or Rules framed thereunder has occurred, or in the event of cruelty, the Board shall issue show cause notice to the Animal Welfare Organisation or Local Authority running the Animal Birth Control Center for reply within 15 days.

(2)     Pending reply from the Animal Welfare Organisation or Local Authority, the Board may suspend its recognition by communicating reason in writing.

(3)     The Board, based on the inspection report and the reply to the Show Cause Notice, may take action in accordance with this Act or direct the District Magistrate or District SPCA to take appropriate action against the violators in accordance with law.

(4)     The Board shall have the power to Cancel the registration of any Animal Welfare Organisation to prevent such organisation from conducting animal birth control programs for any animals if there is reason to believe that violation of these Rules is taking place.

(5)     The Board shall Blacklist any Animal Welfare Organisation to prevent such organisation from conducting animal birth control programs for any animals. Provided that such Blacklist shall only be done if upon inspection authorised or conducted by the Board, it is established that the Animal Welfare Organisation is a repeat offender or if the nature of the violation is concerning heinous cruelty or corruption in any form.

(6)     Any violation under these Rules shall be deemed to be an offence under the Act and the office bearers of the Animal Welfare Organisation or the Project In-Charge of the Local Authority may be charged in accordance with law.

Rule - 19. Sterilization and Immunization of Domestic/Feral cats.

Upon the advice of State Board, the sterilization of cats may be conducted by a Recognized Animal Welfare Organisation with training and expertise in spay/neuter of cats, in a manner prescribed in the Guidelines for Cat Sterilization and Immunization, published by the Board.

(1)     The infrastructure and reimbursement of expenses for a Cat Birth Control program shall be provided by the Local Authority.

(2)     While cat sterilization programs can be conducted in the Animal Birth Control Center provided for dogs, the cats must not be housed with or come in contact in any way with dogs.

(3)     The post-operative care of cats must be done in a place where they do not suffer from unnecessary stress by the sounds/smells of dogs.

Rule - 20. Feeding of Community Animals.

(1)     It shall be responsibility of the Resident Welfare Association (RWA) or Apartment Owner Association(AoA) or Local Bodys representative of that area to make necessary arrangement for feeding of community animals residing in the premises or that area involving the person residing in that area or premises as the case may be, who feeds those animals or intends to feed those animals and provide care to street animals as a compassionate gesture. The RWA or AoA or the Local Bodys representative shall ensure:

(1)     to designate feed spots which are mutually agreed upon, keeping in mind the number of dog population and their respective territories. The feeding spots shall be far from children play areas, entry and exit points, staircase or in an areas which is likely to be least frequented by children and senior citizen.

(2)     to designate feeding time depending on the movement of children, senior citizens, sports activities which is likely to be least frequented by children and senior citizen.

(3)     designated feeder shall ensure that there is no littering at the feeding location or violation of guidelines framed by the RWA or AoA or that areas.

(4)     designated feeders are allowed to volunteer for the vaccination, catching and release of dogs to assist with the Animal Birth Control Program

(2)     Where there is any conflict between the RWA or AOA and the animal caregivers or other residents, an Animal Welfare committee comprising of the following shall be formed:

(a)      Chief Veterinary Officer or his representative

(b)      Representative of the Jurisdictional Police

(c)      Representative of the District Society for Prevention of Cruelty to Animal or State Board

(d)      Representative of any Recognized Animal Welfare Organisation conducting Animal Birth Control

(e)      Veterinary Officer deputed by the local authority

(f)       Complainant

(g)      Representative of the RWA or AoA or Local Body of that area.

The decision of the Committee constituted under sub-rule (2) of Rule 20 shall be the final decision with regard to the fixing of the feeding point. The Committee may also nominate person(s) from amongst the designated Colony Care Taker by the Board to feed those animals in that area.

(3)     Any local authority or animal welfare organisation or any feeder RWA or AoA or Local Body aggrieved by the decision of the Committee framed under sub-rule (2) of Rule 20, the appeal shall be filed to the State Board. The decision of State Board shall be the final decision for feeding of animals in that area.

Rule - 21. Appeal.

(1)     The animal welfare organisation aggrieved by the decision of the project Recognition Committee may, within thirty days of receipt of the decision, prefer an appeal to the Board;

(2)     The Chairman of the Board on receipt of the grievance shall constitute a Committee where the members from the Board and the relevant officials shall examine the grievance. The Committee shall after giving notice and giving an opportunity of hearing to the parties, either may reject or allow the appeal, for the reasons to be recorded in writing.

(3)     Any local authority or animal welfare organisation or individual aggrieved by the decision of the Board, they shall file second appeal to the Secretary Department of Animal Husbandry within 30 days of receiving communication from the Board. The decision of the Secretary Department of Animal Husbandry treated as final decision with regard to the grievance.

Rule - 22. Application of rules where local bye-laws etc., exist.

(1)     If there is local rules, bye laws, any Act, regulation for the time being is in force by the State or the Local Authority in respect of any of the matters for which provision is made in these rules, such rule, regulation or bye-law shall to the extent to which:

(a)      it contains provisions less irksome to the animal than those contained in these rules, shall prevail;

(b)      it contains provisions more irksome to the animal than those contained in these rules, be of no effect.

SCHEDULE-I

(1)     Form I

Application Form for seeking permission of Animal Birth Control Program

Part - I

 

 

Part - II

 

 

DECLARATION

I solemnly affirm and declare that the above information and documents provided by me are true and correct to the best of my knowledge and belief and no facts have been concealed in the form.

Signature & Seal (Authorized signatory)

For and on behalf of the Governing Body of the Organization

Name:

Designation:

Note:

Documents are in Regional language, translate the same in Hindi or English at the time of submission.

(3) Form II

Certificate of Project Recognition

(4) Form IV

Renewal of Project Recognition as per Part - II of Form - I

(5) Form V

Renewal of Project Recognition Certificate

Schedule-II

Constitution of Monitoring Committees

(1)     Central Monitoring & coordinating Committee:

The Central Monitoring & Coordinating Committee shall be constituted with the following members:

(a)      Secretary of the Administrative Ministry administering the Prevention of Cruelty to Animals Act, 1960, shall be the Chairperson of the Central Coordination Committee.

(b)      Animal Husbandry Commissioner of Department of Animal Husbandry Dairying and Fisheries, Ministry of Fisheries, Animal Husbandry and Dairying

(c)      Joint Secretary or Equivalent Officer from Urban Development Ministry, Government of India

(d)      Joint Secretary or Equivalent officer from Ministry of Panchayati Raj Department, Government of India

(e)      Chairperson, Animal Welfare Board of India

(f)       Chairperson, Veterinary Council of India

(g)      Joint Secretary, Ministry of Health and Family Welfare

(h)     Two Representatives of prominent State Animal Welfare Boards actively engaged in animal birth control coordination in the State

(i)       An officer at the level of Joint Secretary of the Administrative Ministry administering the Prevention of Cruelty to Animals Act, 1960, shall be the Member Secretary of the Central Monitoring &Coordination Committee.

Functions of the Central Monitoring & coordinating Committee:

The Central Monitoring & Coordination Committee shall have the following functions:

(i)       To monitor proper implementation of the Animal Birth Control Rules.

(ii)      To promote the Animal Birth Control Programme and arrange budgetary provision for the animal birth control in the states.

(iii)     To facilitate inter- ministerial coordination and also resolve the issues related to Animal Birth Control.

(iv)    Matter related to policy intervention required for Animal Birth Control Programme.

(v)      Any other matter related to Animal Birth Control programme.

(vi)    may hear complaints in regard to the cancellation of recognition of Animal welfare organisation and pass necessary direction or order to the Board as the case may be.

(vii)   Keep a watch on the national and international development in the field of research pertaining to street dogs control and management, development of vaccines and cost effective methods of sterilization, vaccination, etc.

Meeting of the Committee: The Central Monitoring and Coordination Committee shall meet once in six months or as and when necessary.

(2)     State Implementation & Monitoring Committee:

States intent to carry out the Animal Birth Control Programme shall constitute the State Implementation & Monitoring Committee. The constitution of the Committee is as under:

(a)      Secretary in-charge of the Urban Development Department or equivalent in the State or Union Territory shall be the Chairperson of the State Monitoring & Implementation Committee.

(b)      Director, Health and Family Welfare Department

(c)      Director, Department of Panchayeti Raj

(d)      Director, Urban Development Department (or equivalent)

(e)      Two Representative of the Animal Welfare Board of India

(f)       Two Representative of State Animal Welfare Board

(g)      Administrative heads of at least 2 municipal corporations, and representatives of at least 2 panchayats, and at least 2 municipal councils in that state or union territory

(h)     Officer In-Charge of the State Animal Welfare Board shall be the Member Secretary as well as the nodal officer for implementing the program in each state and union territory.

Note: No representative of the Board or State Board should be directly involved in the Animal Birth Control Programme as Implementing Agency in that jurisdiction.

Functions of the State Monitoring and Implementation Committee:

The State Monitoring and Implementation Committees shall be responsible to carry out the following functions:

(i)           The setting up of Animal Birth Control Monitoring Committees at the local authority levels as required by the Animal Birth Control Rules.

(ii)         Developing a comprehensive district wise plan (including but not limited to infrastructure, budget, etc. for dog population management in urban and rural areas throughout the state.)

(iii)       Enlisting Animal Birth Control Implementing Agencies possessing of the requisite training and experience, recognized by the Animal Welfare Board of India to carry out the Animal Birth Control Programme as per the District and State Plan. This may include the animal husbandry department of the State working in consultation with and the under the technical guidance of the AWBI.

(iv)       Ensuring that the requisite infrastructure is set up, and other capital costs (including but not limited to fully furnished Animal Birth Control facilities/campuses with ambulances and equipment), and all other expenses for successfully running an animal birth control program, including manpower costs, are made available to the Animal Birth Control Implementing Agencies from the local authorities, and reimbursed in a timely manner as required by Rule 6 of the Animal Birth Control Rules.

(v)        Responsible for overall monitoring of the Animal Birth Control Programme in the State by the Local Authorities.

(vi)       The State Monitoring Committee shall also carry out inspection on receipt of any complaints regarding the Animal Birth Control and Cruelty to Animals during the Birth Control Program and violation of Animal Birth Control Rules and take appropriate action.

Meeting of the Committee: The Committee shall meet once in every three months or as and when necessary.

(3)     Constitution of Local Animal Birth Control Monitoring Committee

No Animal Birth Control Programme shall be carried without constitution of the Local Animal Birth Control Monitoring Committee. The establishment of Animal Birth Control Monitoring Committee at the local level in accordance with Animal Birth Control Rules is indispensable for the success of the Animal Birth Control program. The Committee shall be constituted with the following members:

(a)      Municipal Commissioner or Executive Officer of the local authority, who shall be the ex-officio Chairman of the Committee.

(b)      A representative of the Public Health Department of the District.

(c)      A representative of the Animal Husbandry Department of the nearby Block or District.

(d)      A jurisdictional veterinary doctor

(e)      A representative of the district Society for Prevention of Cruelty to Animals (SPCA) Functions of the Committee

The committee shall be responsible for planning and management of dog control programme in accordance with these rules. The committee may:

(a)      Issue instructions for catching, transportation, sheltering, sterilisation, vaccination, treatment and release of sterilized vaccinated or treated dogs.

(b)      authorize veterinary doctor to decide on case to case basis the need to put to sleep critically ill or fatally injured or rabid dogs in a painless method by using sodium pentathol. Any other method is strictly prohibited. To be decided through a sub-committee comprising of two veterinary officers and a representative of a recognized animal welfare organization. The sub-committee shall specify reasons in writing for euthanasia of each animal.

(c)      creating public awareness and solicit co-operation and funding.

(d)      providing guidelines to pet dog owners and commercial breeders from time to time.

(e)      take such steps for the purpose of monitoring the dog bite cases and to ascertain the reasons of dog bite, the area where it took place and whether it was from a stray or a pet dog. For the purpose details may be collected from Human Hospital in a requisite format.

(f)       Arrive at an estimate of the number of dogs within its territorial limits by conducting a census in the manner advised by the AWBI.

(g)      Ensure development of the infrastructure required to execute the Animal Birth Control program for the estimated number of dogs. In order to do this, detailed project reports shall have to be prepared and submitted to the State Monitoring and Implementation Committee in coordination with the state government.

(h)     The infrastructure shall be designed in such a manner to carry out area-wise animal birth control in a phased manner of at least 70% dogs in the targeted area before a new area is taken up. The infrastructure shall include, but not be limited to pre-operation preparation areas, Operation Theatres, post-op care, kennels, kitchen, store rooms for rations and medicines, parking area, residential rooms for veterinarians and attendants, quarantine wards, ambulances, etc.

 

Schedule-III

Progress Report of Animal Birth Control program

Date : Dispatch No. :

Month / Year :

Name of PIA[1] :

Name of Local Body :

Address of ABC Center :

 

Date & Signature of Project In-charge Vet of PIA[2] :

Date & Signature of MVO[3]/ JVO[4]

Name of MVO/ JVO

Stamp of MVO/ JVO

Date & Signature of DVO[5]

Name of DVO

Stamp of DVO

Monthly Progress Report of ABC-ARV Project

Date : Dispatch No. :

Month / Year :

Name of PIA[6] :

Name of Local Body :

Address of ABC Center :

 

Date & Signature of Project In-charge Vet of PIA[7] :

Date & Signature of MVO[8]/ JVO[9]

Name of MVO/ JVO

Stamp of MVO/ JVO

Date & Signature of DVO[10]

Name of DVO

Stamp of DVO