In this Act, unless the context otherwise requires,-- (a)
"animal"
means any living creature other than a human being; [1] [(b) "Board" means the Board established under section
4, and as reconstituted from time to time under section 5A;] (c) ??"captive animal" means any
anima!(not being a domestic animal) which is in captivity or confinement,
whether permanent or temporary, or which is subjected to any appliance or
contrivance for the purpose of hindering or preventing its escape from
captivity or confinement or ?which is
pinioned or which is or appears to be maimed; (d) ??"domestic animal" means any animal
which is tamed or which has been or is being sufficiently tamed to serve some
purpose for the use of man or which, although it neither has been nor is being
nor is intended to be so lamed, is or has become in fact wholly or partly
tamed; (e) ??"local authority" means a municipal
committee, district board or other authority for the time being invested by law
with the control and administration of any matters within a specified local
area; (f)?? ?"owner", used with reference to an
animal, includes not only the owner but also any other person for the time being
in possession or custody of the animal, whether with or without the consent of
the owner; (g) ??"phooka"or "doom dev"
includes any process of introducing air or any substance into the female organ
of a milch animal with the object of drawing off from the animal any secretion
of milk; (h) ??"prescribed" means prescribe by
rules made under this Act; (i) ???"street" includes any way, road,
lane, square, court, alley, passage or open space, whether a thoroughfare or
not, to which the public have access. [STATE AMENDMENTS ?[Maharashtra [2] [In section 2 of the Prevention of Cruelty to Animals Act, 1960
(59 of 1960), in its application to the State of Maharashtra (hereinafter referred to as "the
principal Act"), after clause (b), the following clause shall be inserted,
namely:-- "(bb) "bullock cart race" means an
event involving bulls or bullocks to conduct a race, whether tied to cart with
the help of wooden yoke or not (by whatever name called), with or without a
cartman with a view to follow tradition and culture on such days and in any
District where it is being traditionally held at such places, as may be
previously approved by the District Collector, and also known as
"BailgadaSharyat", "Chhakadi" and "Shankarpat" in
the State of
Maharashtra;".] It shall he the duty of every person having the care
or charge of any animal to take ail reasonable measures of ensure the
well-being of such animal and to prevent the infliction upon such animal of
unnecessary pain or suffering. [STATE AMENDMENTS [Maharashtra [3] [Section 3 of the principal Act shall be re-numbered as
sub-section (1) thereof; and after sub-section (1) as so re-numbered, the
following sub-sections shall be added, namely:-- "(2) Notwithstanding anything contained in
sub-section (1), the bullock cart race may be conducted with the prior
permission of the Collector, subject to the condition that no pain or suffering
as envisaged by or under the Act is caused to the animal by any person or
person in charge of the animal used to conduct bullock cart race and subject to
such other conditions as may be prescribed by rules under section 38B by
the State Government. (3) If any person or person in charge of the animals
conducts bullock cart race in contravention of the conditions laid down in
sub-section (2) or rules made thereunder relating to the bullock cart race or
causes pain or suffering to the animal, he shall be punished with fine which
may extend upto rupees five lakhs or imprisonment for a term which may extend
upto three years.".] (1)
If any person-- (a)
beats, kicks,
over-rides, over-drives, over-loads, tortures or otherwise treats any animal so
as to subject it to unnecessary pain or suffering or causes or, being the owner
permits, any animals to be so treated; or (b)
[4] [employs in any work or labour or for any purpose any animal
which, by reason of its age or any disease), infirmity, wound, sore or other
cause, is unfit to be so employed or, being the owner, permits any such unfit
animal to be so employed; or (c)
willfully and
unreasonably administers any injurious drug or injurious substance to[5] [any
animal) or willfully and unreasonably causes or attempts to cause any such drug
or substance to be taken by [6] [
any animal); or (d)
conveys or carries,
whether in or upon any vehicle or not, any animal in such a manner or position
as to subject it to unnecessary pain or suffering; or (e) keeps or confines any
animal in any cage or other receptacle which does not measure sufficiently in
height, length and breadth to permit the animal a reasonable opportunity for
movement; or (e)
keeps for an
unreasonable time any animal chained or tethered upon an unreasonably short or
unreasonably heavy chain or cord; or (g) being the owner, neglects to exercise
or cause to be exercised reasonably any dog habitually chained up or kept in
close confinement; or (f)
being the owner
of [7] [any
animal], fails to provide such animal with sufficient food, drink or shelter;
or (g)
without reasonable
cause, abandons any animal in circumstances which render it likely that it will
suffer pain by reason of starvation or thirst; or (h)
willfully permits any
animal, of which he is the owner to go at large in any street while the animal
is affected with contagious or infectious disease or, without reasonable excuse
permits any diseased or disabled animal, of which he is the owner, to die in
any street; or (i)
offers for sale or,
without reasonable cause, has in his possession any animal which is suffering
pain by reason of mutilation, starvation, thirst, overcrowding or other
ill-treatment; or [8] [(j) mutilates any animal or kills any animal (including stray
dogs) by using the method of strychnine injections in the heart or in any other
unnecessarily cruel manner; or;] 5 [k) solely with a view to providing entertainment-- (i) ???confines or causes to be confined any animal
(including lying of an animal as a bait in a tiger or other sanctuary) so as to
make it an object of prey for any other animal; or (ii) ???incites any animal to fight or bait any
other animal; or] (l)6 [***] organises, keeps, uses or acts in the management of, any
place for animal fighting or for the purpose of baiting any animal or permits
or offers any place to be so used or receives money for the admission of any
other person to any place kept or used for any such purposes; or (m) promotes or
takes part in any shooting match or competition wherein animals are released
from captivity for the purpose of such shooting; he shall be punishable, [9] [in the case of a first offence, with fine which shall not be less
than ten rupees but which may extend to fifty rupees, and in the case of a
second or subsequent offence committed within three years of the previous
offence, with fine which shall not be less than twenty-five rupees but which
may extend to one hundred rupees or with imprisonment for a term which may
extend to three months, or with both.] (2)
For the purposes of
sub-section (1), an owner shall be deemed to have committed an offence if he
has failed to exercise reasonable care and supervision with a view to the
prevention of such offence: Provided that where an owner is convicted of
permitting cruelty by reason only of having failed to exercise such care and
supervision, he shall not be liable to imprisonment without the option of a
fine. (3)
Nothing in this
section shall apply to? (a)
the dehorning of
cattle, or the castration or branding or nose-roping of any animal, in the
prescribed manner; or (b)
the destruction of
stray dogs in lethal chambers or [10] [by
such other methods as may be prescribed]; or (c)
the extermination or
destruction of any animal under the authority of any law for the time being in
force; or (d)
any matter dealt with
in Chapter IV; or (e)
the commission or omission
of any act in the course of the destruction or the preparation for destruction
of any animal as food for mankind unless such destruction or preparation was
accompanied by the infliction of unnecessary pain or suffering. [STATE AMENDMENTS [Maharashtra [11] [In section 11 of the principal Act, in sub-section (3), after
clause (c), the following clause shall be inserted, namely:-- "(c-1) the conduct of bullock cart race in
accordance with the provisions of sub-section (2) of section 3 or participation
therein with a view to follow and promote tradition and culture and ensure
preservation of native breeds of bulls as also their purity, safety, security
and well being; or".] No person shall exhibit or train-- (i) any
performing animal unless he is registered in accordance with the provisions of
this Chapter ; (ii) as
a performing animal, any animal which the Central Government may, by
notification in the Official Gazette, specify as an animal which shall not be
exhibited or trained as a performing animal. [STATE AMENDMENTS [Maharashtra [12] [In section 22 of the principal Act, the following proviso shall
be added, namely:-- " Provided that, nothing contained in this
section shall apply to the conduct of bullock cart race in accordance with the
provisions of sub-section (2) of section 3.".] Nothing contained in this Chapter shall apply to-- (a)
the training of
animals for bona fide military or police purposes or the exhibition of any
animals so trained; or (b)
any animals kept in
any zoological garden or by any society or association which has for its
principal object the exhibition of animals for educational or scientific
purposes. [STATE AMENDMENTS [Maharashtra [13] [In section 27 of the principal Act, after clause (a), the
following clause shall be inserted, namely:-- "(a-1) the conduct of bullock cart race in
accordance with the provisions of sub-section (2) of section 3, with a view to
follow and promote tradition and culture and ensure survival and continuance of
native breeds of bulls; or ".] Nothing contained in this Act shall render it an
offence to kill any animal in a manner required by the religion of any
community. [STATE AMENDMENTS [Maharashtra [14] [After section 28 of the principal Act, the following section
shall be inserted, namely:-- "28A. Saving in respect of bullock cart race Nothing contained in this Act shall apply to the
bullock cart race conducted in accordance with the provisions of sub-section
(2) of section 3 to follow and promote tradition and culture and such conduct
shall not be an offence under this Act.".] 38A. [15] [Rules and regulations to be laid before Parliament Every rule made by the Central
Government or by the Committee constituted under section 15 and every
regulation made by the Board shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or regulation, as the case may be, or both Houses
agree that the rule or regulation, as the case may be, should not be made, the
rule or regulation shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule or regulation.] STATE AMENDMENTS MAHARASHTRA [16] [After section 38A
of the principal Act, the following section shall be inserted, namely:-- "38B. Power of State Government to
make rules (1) The State Government
may, subject to the condition of previous publication, by notification in the
Official Gazette, make the rules, not inconsistent with the rules made by the
Central Government, if any, for carrying into effect the provisions of
sub-section (2) of section 3 of the Act. (2) Every rule made under
this section shall be laid, as soon as may be, after it is made, before each
House of the State Legislature, while it is in session for a total period of
thirty days, which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following, both Houses agree in making any modification
in rule or both Houses agree that the rule should not be made, and notify such
decision in the Official Gazette, the rule shall, from the date of publication
of such notification, have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done or omitted to be done under that rule."] [1]
Substituted, by Act 26 of 1982, section.2, for
clause(b) (w.e.f. 30-7-1982). [2]
Inserted by The Prevention Of Cruelty To Animals
(Maharashtra Amendment) Act, 2017. [3]
Inserted by Prevention of Cruelty To Animals
(Maharashtra Amendment) Act, 2017. [4]
Substituted by Act 26 of 1982, sec. 10, for certain
words (w.e.f. 30-7-1982). [5]
Substituted by Act 26 of 1982, sec. 10, for "any
domestic or captice animal" (w.e.f. 30-7-1982). [6]
Substituted by Act 26 of 1982, sec. 10, for "any
domestic or captice animal" (w.e.f. 30-7-1982). [7]
Substituted by Act 26 of 1982, sec. 10, for "any
captive animal" (w.e.f. 30-7-1982) [8]
Substituted by Act 26 of 1982, sec. 10, for clause (I)
(w.e.f. 30-7-1982). [9]
Substituted by Act 26 of 1982, sec. 16, for certain
words (w.e.f. 30-7-1982). [10]
Substituted by Act 26 of 1982, sec. 16, for "by
other methods with a minimum of suffering" (w.e.f. 30-7-1982). [11]
Inserted by Prevention of Cruelty To Animals
(Maharashtra Amendment) Act, 2017. [12]
Inserted by Prevention of Cruelty To Animals
(Maharashtra Amendment) Act, 2017. [13]
Inserted by Prevention of Cruelty To Animals
(Maharashtra Amendment) Act, 2017. [14]
Inserted by Prevention of Cruelty to Animals
(Maharashtra Amendment) Act, 2017. [15]
Inserted
by Act 26 of 1982, section. 17 (w.e.f. 30-7-1982). [16]
Inserted by
The Prevention Of Cruelty To Animals (Maharashtra Amendment) Act, 2017.PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
(MAHARASHTRA AMENDMENT)