Animal Birth Control Rules, 2023

 

[10th March 2023]

Whereas a draft of the Animal Birth Control Rules, 2022 was published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i) vide notification of the Government of India, Ministry of Fisheries, Animal Husbandry and Dairying vide GSR 656(E) dated 31st July, 2022, inviting objections and suggestion from all persons likely to be affected thereby, within a period of thirty days, from the date of which copies of Official Gazette containing the said notification were made available to the public;

And whereas the copies of the said Gazette were made available to the public on the 25th August,2022;

And whereas the objections and suggestions received in respect of the said draft rules, have been duly considered by the Ministry of Fisheries, Animal Husbandry and Dairying;

Now, therefore, in exercise of the powers conferred by clause (ea) of sub-section (1) and (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960, and in supersession of the S.O. 1256(E), dated 24th December, 2001, except as respects things done or omitted to be done before such suppression, the Central Government hereby makes the following rules, namely:-

Rule - 1. Short title and commencement

(1)     These rules may be called the Animal Birth Control Rules, 2023.

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

Rule - 2. Definition

(1)     In these rules, unless the context otherwise requires, -

(a)      "Act" means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);

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

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

(d)      "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;

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

(f)       "Animal Welfare Organisation" means any Organisation 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 recognised by the Animal Welfare Board of India as per the extant policy of the Board;

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

(h)     "Certificate" means the Certificate of Project Recognition issued by the Board to any Animal Welfare Organisation or local authority for the purpose of the Animal Birth Control Programme under these Rules;

(i)       "Committee" means a monitoring Committee established under rule 9;

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

(k)      "inspection team" means team authorised by the Board or State Board under rule 14;

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

(m)    "local authority" means a Municipal Committee, Municipal Council, District Administration, District Panchayats or 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;

(n)     "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.

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

(p)      "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;

(q)      "Project Recognition Committee" means committee constitute by the Board for the scrutiny and examination of the applications for the Project Recognition of the Animal Birth Control programme;

(r)      "State Board" means the State Animal Welfare Board constituted, in a State, by the State Government;

(s)      "Society for Prevention of Cruelty to Animals" means a Society for Prevention of Cruelty to Animals established under the rules framed under this Act;

(t)       "Veterinary practitioner" means a Veterinary practitioner registered under the provisions of the Indian Veterinary Council Act, 1984 (52 of 1984);

(2)     Words and expressions used herein and not defined but defined in the Prevention of Cruelty to Animals Act, 1960 and the Wildlife Protection Act, 1972 shall have the meanings respectively assigned to them in those Acts.

Rule - 3. Project Recognition

(1)     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 as per the extant policy of the Board.

(2)     Under both conditions referred to in sub-rule (1), obtaining a Certificate Project Recognition from the Board shall be mandatory.

(3)     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.

(4)     Any Animal Welfare Organisation 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 five thousand rupees only to the Board.

(5)     Any Animal Welfare Organisation applying for Project Recognition under these rules shall be already recognised as an Animal Welfare Organisation by the Board.

(6)     The local authority is conducting the animal birth control program through its own veterinary officers, the Project In-charge of the local authority shall intimate the Board and all other conditions and the Module published by the Boardshall be applicable.

(7)     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.

(8)     The 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 shall be deployed on particular project. Applicant shall also submit a copy of experience certificate issued by Government Authority and at least one Veterinarian proposed to be deployed by the applicant shall have a total experience of having conducted at least two thousand Animal Birth Control Surgeries anywhere in India.

(9)     The Board shall constitute a Project Recognition committee for recognition of the projects.

(10)   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 and the inspection shall be conducted within a period of thirty days on receipt of the letter from the Board by a team comprising of the following, namely:-

(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;

(iv)    one expert having specialization in Veterinary Surgery or in the field of Animal Birth Control programme.

(11)   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.

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

(13)   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 within a period of fifteen days of receipt of inspection report.

(14)   The 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 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 thirty days from the receipt of the report from the Inspection team as provided under sub-rule (11) of rule 3.

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 organisation 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.

(2)     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 andthe provisions of rule 3 shall mutatis mutandi apply.

(3)     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:

(1)     Pet animals - dogs owned and kept indoor by individuals;

(2)     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 Sterilisation

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

(2)     In case of street animals, the local authority shall be responsible for deworming, immunisation and sterilisation 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 and the Monitoring Committees shall be constituted as follows namely:-

(1)     A Central Animal Birth Control Monitoring and 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;

(2)     The constitution of the Committee and its functions shall be provided in Schedule-II;

(3)     A State Animal Birth Control Implementation and Monitoring Committee shall be constituted at the State or 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 phase-wise manner and the constitution of the Committee and its functions shall be provided in Schedule-II; and

(4)     A local Animal Birth Control Monitoring Committee shall be constituted at the Local Authority level in all States and Union territories and the constitution of the Committee and its functions shall be provided 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:-

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

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

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

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

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

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

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

(viii)  Records for catching, release, medicine, surgery, feeding, vaccinations of all animals brought to the Animal Birth Control Center to be maintained.

(2)     The local authority shall reimburse the expensesof sterilisation or immunisation 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.

(5)     The local authority may conduct the Animal Birth Control program through its own staff by creating a Special Purpose Vehicle and intimate the Board in accordance with sub-rule (6) of rule 3.

(6)     The Special Purpose Vehicle shall hire contractual or full time veterinarians, handlers, drivers and paraveterinarians who shall implement the program and such shall not sub-let any part of the Animal Birth Control Project to any other agency.

(7)     The local authority shall be responsible for ensuring that the staff hired by the Special Purpose Vehicle have been suitably trained and are adhering to all conditions in these rules and the Module and the Project Incharge appointed by the local authority shall not be a part of the Special Purpose Vehicle.

Rule - 11. Capturing or sterilisation or immunisation or release

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

(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; and

(iii)     One representative of any of the Animal Welfare Organisation nominated for the purpose;

Provided that 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 Organisation shall put up banners or public notices making announcement informing residents that animals shall be captured from the area for the purpose of sterilisation and immunisation and will be released in the same area after sterilisation and immunisation.

(4)     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 and such outreach efforts shall be instituted at each Animal Birth Control Center as well.

(5)     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 and use of tongs or wires for catching dogs shall be strictly prohibited.

(6)     Only a stipulated number of animals, according to the housing capacity of the Animal Birth Control Center, shall be captured.

(7)     Dogs from only one area shall be brought for sterilisation, immunisation at a given time in Animal Birth Control Center and effort must be made to avoid bringing into contact dogs from different areas.

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

(9)     Street dogsunder the age of six month shallnot be captured forand undergo sterilisation and female animals with puppies shall not be captured for sterilisation till their litter is two months of age.

(10)   The captured animals shall be brought to the Animal Birth ControlCenter 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 and the healthy animals shall be separated from sick or injured animals. Provided that the sick or injured animal shall be given adequate treatment and the treated animals should be sterilized only after their recovery.

(11)   The kennels where the dogs are kept should be marked by visibly writing the name of the locality on each kennel door and the kennels for individual dogs should be at least three feet wide, four feet deep and at least six feet high. Kennels for three to five dogs can also be provided for, where each dogs gets at least three feet by four feet floor space.

(12)   The kennel should be provided with a door or gate of vertical iron bars and the gaps between adjacent bars shall be no more than two inches and adequate roofing is necessary to provide shade and shelter from inclement weather and also to prevent the dogs from escaping.

(13)   Care should be taken while designing the kennel to ensure that there is sufficient cross ventilation of air through the kennels and the kennels should be designed to have a raised area at the rear of the kennel where the dog may lie down comfortably and there must be proper drainage system in all kennels to facilitate cleaning.

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

(15)   Sterilisation 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 and the approved surgical procedures and the minimum requirements shall be as provided by the Board in the Module.

(16)   A V shaped notch shall be made on the right ear of each dog during sterilesation surgery and such clipping of the ear helps in identification of the dog as sterilised and immunized, once it is back on the street and branding of dogs shall not be permitted.

(17)   After recovering from the surgery, the dogs shall be kept in kennels for at least four days after the Sterilisation for post-operative care and adequate and healthy food twice a day and potable drinking water at all times shall be provided to each dog. Male and female dogs should be housed separately.

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

(19)   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 and the representative of the local authority or of the animal welfare organisation shall accompany the team at the time of release and from time to time, the Board may provide a suitable application for geo-tagging the location of the dogs during capture and release.

(20)   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 which are to be updated on daily basis:

(1)     Record of animals including the following namely;

(i)       The name of the area or 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;

(v)      Date and time of release; and

(vi)    The name of the area/locality where the dog was released.

(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 and the like.

(7)     Dog Van Logbooks.

(8)     Staff attendance Record.

(9)     Organ Inspection Record.

(10)   Close Circuit Television Footage for previous 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:-

(i)       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 provided in Schedule III and IV namely:-

(a)      total number of street dogs caught;

(b)      total number of street dogs sterilized;

(c)      total number of street dogs housed for observation only;

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

(e)      name and qualification of each veterinarian engaged with the project and the number of dogs sterilised by each veterinarian during the month;

(f)       name and registration number of each veterinarian with number of Animal Birth Controlsurgeries conducted by himin each of the preceding month;

(g)      number of post-operative complications and mortality against the surgeries conducted by each veterinarian, in a form provided in Schedule-III;

(ii)      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, sterilised, immunised during the previous year ending on 31st March;

(iii)     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 euthanised during specified hours in a humane manner by intravenous administration of sodium pentobarbital or any other approved humane manner, by a qualified veterinarian.

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

(2)     No dog shall be euthanised in the presence of another dog and the person responsible for euthanising shall make sure that the animal is dead, before disposal.

(3)     The 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.

(1)     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.

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

(3)     Such animals shall be humanely captured and kept for observation at the Animal Birth Control Center and 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 shall be provided to the dog twice every day.

(4)     Any suspected rabid dog would then be subjected to inspection by a panel of two persons and the like a veterinary surgeon appointed by the local authority and a representative from an Animal Welfare Organisation.

(5)     If the dog is found to have a high probability of having rabies, it shall be isolated till it dies a natural death. Death normally occurs within ten days of contracting rabies.

(6)     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 shall take the necessary action to cure and release the dog after ten days of observation.

(7)     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 provided by the Chief Veterinary Officer of the District.

(8)     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.

(9)     The Local Authority shall display outreach material provided by the Board on prominent sites in the city, to sensitise 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 percent Formaldehyde at the Animal Birth Control Center.

(1)     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- namely:

(i)       Chief Veterinary Officer or any Veterinary Officer authorised by him;

(ii)      Project In-Charge Veterinary Officer;

(iii)     Representative of the State Board or Society for Prevention of Cruelty to Animals;

(iv)    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.

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

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

(4)     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.

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

Rule - 18. Effect of Non-Compliance

(1)     After considering the report 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 (59 of 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 fifteen days.

(2)     The 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 Society for Prevention of Cruelty to Animals to take appropriate action against the violators in accordance with law for the time being in force.

(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 for the time being in force.

Rule - 19. Sterilisation and Immunisation of Domestic or Feral cats

Upon the advice of State Board, the Sterilisation of cats may be conducted by a recognised Animal Welfare Organisation with training and expertise in spay or neuter of cats, in a manner provided in the Guidelines for Cat Sterilisation and Immunisation, 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 sterilisation 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 or smells of dogs.

Rule - 20. Feeding of Community Animals

(1)     It shall be responsibility of the Resident Welfare Associationor Apartment Owner Association 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 provides care to street animals as a compassionate gesture. The Resident Welfare Association or Apartment Owner Association or the Local Bodys representative shall ensure:-

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

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

(iii)     designated feeder shall ensure that there is no littering at the feeding location or violation of guidelines framed by the Resident Welfare Association or Apartment Owner Association or that areas.

(iv)    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 Resident Welfare Association or Apartment Owner Association and the animal caregivers or other residents, an Animal Welfare committee comprising of the following members shall be formed:

(i)       Chief Veterinary Officer or his representative;

(ii)      Representative of the Jurisdictional Police;

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

(iv)    Representative of any Recognised Animal Welfare Organisation conducting Animal Birth Control;

(v)      Veterinary Officer deputed by the local authority;

(vi)    Complainant;

(vii)   Representative of the Resident Welfare Association or Apartment Owner Association 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 and the Committee may also nominate person 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 feederResident Welfare Association or Apartment Owner Association 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 and 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 or any person aggrieved by the decision of the project Recognition Committee may prefer an appeal to the Board, within thirty days of receipt of the decision;

(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 and 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 thirty days of receiving communication from the Board.

(4)     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

[see rule 6(3)]

 

(1)     Form-I

Application Form for seeking permission of Animal Birth Control Program

 

Part – I

 

 

 

 

Part - II

 

DECLARATION

Isolemnly affirmand 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 and Seal (Authorized Signatory)

For and on behalf of the Governing Body of the Organisation

Name:

Designation:

Note:

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

(2)     Form II

Certificate of Project Recognition

(3)     Form IV

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

(4)     Form V

Renewal of Project Recognition Certificate

 

Schedule-II

[see rule 9(2), (3), (4) and rule 13]

Constitution of Monitoring Committees

 

(1)     Central Monitoring and coordinating Committee:

The Central Monitoring and 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)      President, Indian Veterinary Association

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

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

(j)       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 and Coordination Committee.

Functions of the Central Monitoring and coordinating Committee: The Central Monitoring and 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 Sterilisation, 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 and Monitoring Committee:

States intent to carry out the Animal Birth Control Programme shall constitute the State Implementation and 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 and Implementation Committee.

(b)      Director, Health and Family Welfare Department

(c)      Director, Department of Panchayati Raj

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

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

(f)       Two representatives of State Animal Welfare Board

(g)      Representative of the Indian Veterinary Association of the State Chapter

(h)     President, State Veterinary Council of the Concerned State.

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

(j)       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.

Functions of the State Monitoring and Implementation Committee:-The State Monitoring and Implementation Committees shall be responsible to carry out the following functions namely:

(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, recognised 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 Animal Welfare Board of India.

(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 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:

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

(ii)      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 recognised animal welfare Organisation. The sub-committee shall specify reasons in writing for euthanasia of each animal.

(iii)     Creating public awareness and solicit co-operation and funding.

(iv)    Providing guidelines to pet dog owners and commercial breeders from time to time.

(v)      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.

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

(vii)   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.

(viii)  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 percent 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

[see rule 13]

Progress Report of Animal Birth Control program

Date : Dispatch No. :

Month / Year :

Name of PIA* :

Name of Local Body :

Address of ABC Center :

Date and Signature of Project In-charge Vet of PIA* :

Date and Signature of MVO/ JVO**

Name of MVO/ JVO

Stamp of MVO/ JVO

Date and Signature of DVO**

Name of DVO

Stamp of DVO

* PIA : Project Implementing Agency

** MVO: Municipal Veterinary Officer deployed by Local Body.

** JVO : Jurisdictional Veterinary Officer deployed at Govt. Veterinary Hospital of the area.

**DVO: District Veterinary Officer of Animal Husbandry Department / Ex-officio Member Secretary of the District SPCA of the concerned District.

Monthly Progress Report of ABC-ARV Project

Date : Dispatch No. :

Month / Year :

Name of PIA* :

Name of Local Body :

Address of ABC Center :

Date and Signature of Project In-charge Vet of PIA*:

Date and Signature of MVO/ JVO**

Name of MVO/ JVO

Stamp of MVO/ JVO

Date and Signature of DVO**

Name of DVO

Stamp of DVO

* PIA: Project Implementing Agency

** MVO: Municipal Veterinary Officer deployed by Local Body.

** JVO: Jurisdictional Veterinary Officer deployed at Govt. Veterinary Hospital of the area.

** DVO: District Veterinary Officer of Animal Husbandry Department / Ex-officio Member Secretary of the District SPCA of the concerned District.