[14th
July 2023] In exercise of the powers
conferred by Section 37 and sub-sections (2) of section 38 of the Prevention of
Cruelty to Animals Act, 1960 (59 of 1960), the Central Government has decided
to amend the Prevention of Cruelty to Animals (Establishment and Regulation of
Societies for Prevention of Cruelty to Animals) Rules, 2001, in supersession of
the Prevention of Cruelty to Animals (Establishment and Regulation of Societies
for Prevention of Cruelty to Animals) Rules, 2001, published vide
notificationS.O.271 (E) by the Government of India, Ministry of Social Justice
and Empowerment number in the Gazette of India, Extraordinary, Part II, Section
3, Sub Section (ii) dated the 26th March, 2001 except as respect of things done
or omitted to be done before such suppression, the Central Government is
proposing to publish draft rules for public comments within thirty days from
the date of publication of this draft rules in the Gazette of India; Any Person desiring to make
any suggestions or objections in respect of the this draft rules may forward
the same for the consideration of the Central Government, with the period
specified above to the Joint Secretary (Animal Welfare), Department of Animal
Husbandry and Dairying, Ministry of Fisheries, Animal Husbandry and Dairying,
Room No. 245, Krishi Bhawan, Dr. Rajendra Prasad Road, New Delhi 110001. (1)
These rules may be called the Society for
Prevention of Cruelty to Animals Rules, 2023. (2)
They shall come into force on the date of
their publication in the Official Gazette. (a)
"Act" means the Prevention of
Cruelty to Animals Act, 1960 (59 of 1960); (b)
"Animal Welfare Organisation" means
an 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 recognized by the Animal Welfare Board of
India as per the extant policy of the Board;; (c)
"Board" means the Animal Welfare
Board of India established under Section 4 and as reconstituted from time to
time under section 5A of this Act. (d)
"Case property animal" means any
animal seized under the provisions of this Act or the Rules made thereunder (e)
"Infirmary" means an area or
institution used as a place of treatment, care and upkeep of homeless and/or
case property animals, duly notified by the concern State Government or Union
Territory under Section 35(1) of this Act. (f)
"Jurisdictional Veterinary
Officer": means veterinarian employed by the state government or central
government in the area who holds a degree from a recognized veterinary college
and is registered with the State Veterinary Council or Veterinary Council of
India. (g)
"Local Authority" means local
authority as defined under section 2 (e ) of the Act. (h)
"SPCA" means Society for Prevention
of Cruelty to Animals established in any district duly notified by the State
Government in official gazette. And shall include the existing SPCA established
and functioning under the Prevention of Cruelty to Animals (Establishment and
Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001; (i)
"State Board" means the State
Animal Welfare Board constituted for the purpose prevention of cruelty to
animals which is duly notified by the State Government in official gazette; Provided that, the District
Magistrate or District Collector shall cause the SPCA to be registered under
the Societies Registration Act, 1860, and the society shall operate in
perpetuity. Provided that the State
Government shall ensure that any non-government organisation operating in the
name of Society for Prevention of Cruelty to Animals in any District of the
State shall made necessary changes in its name within sixty days of
notification of these Rules. (1)
The SPCA shall adopt the Model By-laws
published by the Board from time to time. The SPCA may also include additional
by-laws as it may think fit for the administration of its affair and carrying
out its functions. (2)
The by-laws of all District SPCA in each
State shall be uploaded on the website of the relevant State Board or in the
website of the Animal Husbandry Department of the concerned state. (1)
The Management Committee of the Society shall
have the following members: (a)
Chairperson - Deputy Commissioner or District
Magistrate or District Collector, ex officio; (b)
Vice Chairperson - Superintendent of Police
or Commissioner of Police, ex officio; (c)
Secretary and Nodal Officer - Chief
Veterinary Officer of the District or District Animal Husbandry Officer or any
district in charge of animal husbandry department or whatever name called, ex
officio; (d)
Member - Regional Officer, State Pollution
Control Board, ex officio; (e)
Member - Designated Officer Food Safety, ex
officio; (f)
Member - Representative of the District
Forest Department (g)
Member - Representative of the Urban Local
body of the District headquarters (h)
Member - Representative of the District
Panchayat (i)
Member - Representative of the State Board (j)
Member - District Prosecution Officer (k)
Member - Two persons representing Animal
Welfare Organisations working for the welfare of companion animals to be
nominated by the State Government or the local Authority of the District. (l)
Member - Two persons representing Animal
Welfare Organisations working for the welfare of large animals to be nominated
by the State Government or the local Authority of the District. (m)
Member - Three eminent persons engaged in
animal welfare in the district to be nominated by the State Government or the
local authority of the District. (2)
The Board shall have the discretion to
nominate a member to the management committee of any SPCA, if it so desires.
The reason for the same may be recorded in writing. (3)
Every District having international borders
shall seek one nomination for the SPCA from the paramilitary force or Border
Security Force or any other person from Ministry of Home Affairs deployed at
the Border. (1)
The Management Committee may constitute as
many sub-committees as it may thinks fit for discharging the functions of the
SPCA. (2)
A sub-committee may consist of the members of
the Management Committee or any other persons nominated by the Chairperson. (1)
Any person desirous of becoming a member of
the General Body of the SPCA shall make an application to the Secretary of the
SPCA in the format provided in the First Schedule. The Secretary shall, subject
the applications to a police verification, present them before the Chairperson
for consideration within sixty days of receipt of application. (2)
Any animal welfare organisation operating in
the District may seek membership of the SPCA in the format provided in the
Second Schedule. (3)
The Members of the General Body may volunteer
assistance to any activity of the SPCA, including but not limited to
maintenance of the infirmary, management of SPCA helpline number, or any other
such activity identified by the Secretary. (1)
The Chairperson of the Society, in
consultation with the Management Committee, shall identity the premises for
setting of an Infirmary (ies) where the treatment and care of sick or injured
animals and upkeeping and maintenance of the abandoned or old or stray or case
property animals of the district. (2)
Thereafter, the proposal of notification of
such infirmary (ies) shall be submitted to the State Government. The State
Government shall notify the infirmary within sixty days of receipt of such
proposal. (3)
The State Government shall allocate budget
for establishment, administration and improvement of infrastructure and
operation of the infirmary (ies). (4)
Infirmary shall have sheds for large animals,
kennels, aviaries and other species-appropriate housing space for homeless
animals and case property animals. (5)
The Infirmaries shall have enclosures for
injured or diseased animals. (6)
The Society may also appoint an animal
welfare organisation for feeding & care of animals and maintaining
sanitation of the infirmary premises or may run such infirmaries out of their
own resources for which the society shall liable to arrange their own
logistical requirements. (7)
All police stations in the District shall be
directed to bring animals seized under this Act, to the infirmary and they
shall be kept in the infirmary till further orders of the judicial Magistrate.
The Record of all the case property animals in the Infirmary shall be
maintained by the SPCA (8)
In case there is shortage of space at the
infirmary run by the SPCA, the animals may be taken to an animal welfare
organisation, gaushala, or pinjrapole as the case may be. (a)
To regularly report to law enforcement
agencies or to any other appropriate authority as the case may be, any
violations of the provisions of this Act or Rules thereunder or cruelty to
animals punishable under any other law in force. (b)
To aid and assist the law enforcement
agencies in enforcement of the Act, and the Rules framed thereunder, and to
support effective prosecution of cases of animal cruelty. (c)
To aid and assist State Board and the Board
in the discharge of their duties under the Act, and the Rules framed
thereunder. (d)
To promote, coordinate and cooperate with the
work of animal welfare organisations operating in the District. (e)
To establish a 24x7 helpline number for
receiving reports or information regarding cruelty to animals, or reporting any
animal in distress due to injury or disease; such a helpline shall be given
wide publicity. All calls to such a helpline shall be received, and record of
the same shall be maintained by the SPCA. (f)
To operate an Ambulance Service for sick,
injured or diseased homeless animals. (g)
To aid and assist the District Disaster
Management Authority in disaster preparedness; to conduct periodical training
exercises and drills with the personnel of the Animal Husbandry Department and
assist in rescue and relief operations for animals during disaster situations. (h)
To aid and assist the implementation of
Animal Birth Control programs in the District. (i)
To organise workshops, seminars and awareness
programs for promotion of welfare of animals in educational institutions in the
District. (j)
To conduct sensitization and capacity
building workshops for Government departments and local authorities functioning
in the District. (k)
To create awareness regarding animal welfare
in the District through Public Outreach programme including, hoardings, posters
and any other means of public outreach. (l)
To promote & encourage formation of
public opinion towards humane treatment of animals through welfare activities
such as provision of water bowls for street animals and birds; creation of
designated feeding zones for street animals, promotion of adoption of rescued
companion animals, formation of Karuna Clubs or Kindness Clubs in educational
institutions and any other such activities as may be decided by the Management
Committee. (m)
To aid and assist in the operation and
management of the infirmary or infirmaries or pinjrapole or animal shelter or
Gaushala established in the District. (n)
To collate the number of cases registered in
police stations of the District regarding animal cruelty and update the status
of each in the SPCA records. (1)
The Management Committee of the SPCA shall
meet at least once in three months, with a minimum quorum of nine Committee
Members. (2)
The Members of the SPCA may submit agenda
points to the Secretary for consideration in the upcoming meeting of the SPCA.
The finalised agenda for each meeting must be circulated at least seven days in
advance, to all the members of the Management Committee, and the Minutes of Meeting
shall be duly recorded and circulated. (3)
At each meeting, an action-taken report for
the decisions taken in the previous meeting shall be presented by the
Secretary. (4)
The Annual Report along with the Audited
Accounts shall be presented at the Annual General Meeting by the Secretary. (5)
The Chairperson may invite appropriate
authorities including but not limited to the Road Transport Officer,
representatives of any local authority, as and when required for any SPCA
meeting. (6)
Any Member of the Management Committee may
propose an emergency meeting in the format provided in the Third Schedule; the
Chairperson shall consider such a proposal within seven days of receipt. Provided that, if an
emergency meeting cannot be called, the Chairperson shall grant personal hearing
to the Management Committee Member. (1)
The SPCA may receive funds in the bank
account of the Society from the following sources: (a)
Grant-in-aid from the State Board or Animal Welfare
Board of India; (b)
Grant-in-aid from the District
Administration; (c)
Membership fees for membership to the General
Body of SPCA or any other fees (d)
Contributions, donations, bequests, gifts and
the likes made to it by any institution, association, Corporate or individual. (2)
The accounts of the Society must be subjected
to annual audit by a chartered accountant or any other body authorised by law.
Such an audited report, along with the profit and loss accounts must be
published in the Annual Report for its presentation at the Annual General
Meeting. (1)
The following records must be maintained by
the Secretary of the SPCA: (a)
With regard to activities of the SPCA- (i)
Log book for the SPCA helpline number (ii)
Books of Accounts and audit reports (iii)
Ambulance log book (iv)
Meeting agenda and minutes (v)
Action taken reports (vi)
Annual Reports (b)
With regard to the infirmary: (i)
Daily Inventory record of the number of
animals in the infirmary, categorised by species; (ii)
In-patient register of all animals in the
infirmary, in the format provided in the Fourth Schedule (iii)
Release record of all animals
released/discharged from the infirmary (iv)
Record of death certificate, post mortem
certificate, veterinary record as the case may be for each animal in the
infirmary (v)
Feed stock book (vi)
Medicine Stock Book (vii)
General Stock Book (viii)
Volunteer attendance record (2)
The Secretary shall submit the Annual Report
of the SPCA to the State Board and provide any additional information as may be
sought by the State Board from time to time. The annual report of each SPCA in
the State shall be uploaded on the website of the State Board or the website of
the Department of Animal Husbandry of the respective state. (1)
The State Board shall review the annual
report and audited accounts of the SPCA and may give directions for improvement
to the Management Committee in the interest of efficient discharge of the SPCAs
functions. (2)
The Board may seek annual reports and audited
accounts of any SPCA and give directions for improvement or seek additional
information regarding the activities of the SPCA. (3)
A complaint regarding the functioning of the
SPCA may be made to the State Board; after providing an opportunity of hearing
to the complainant and the SPCA within 30 days of receipt of the complaint, the
State Board shall dispose of the complaint with necessary directions. (4)
An appeal against the directions of the State
Board may be made to the Board; the Board shall provide an opportunity for
personal hearing to the complainant as well as the Secretary of the SPCA.
Thereafter, a speaking order shall be issued by the Secretary of the Board. SCHEDULE
1 [Rule
8(1)] Application
for Membership to the General Body of SPCA District
.......................... To, Secretary Society of Prevention of
Cruelty to Animals District
.......................... Subject: Application for the
membership to the General Body of SPCA,.......................... (Name of the
District SPCA) Full
Name:........................................................................................................ Fathers/Mothers Name:
.............................................................................. Date of Birth:
........................................................................................................ Occupation:
........................................................................................................ Address:
........................................................................................................ Phone Number:
........................................................................................................ Email
ID:........................................................................................................ Photo ID & Address
Proof: ....[PAN Card] .... [PASSPORT].... [Aadhar Card].... [Driving Licence] (Any two of the above
documents shall be submitted) In case the applicant is a
minor [under the age of 18 years], the details and contact information of the
parent or guardian must also be provided. Reasons for applying for
this membership: ........................................................................................................ ........................................................................................................ ........................................................................................................ Whether applicant is a
member/volunteer of any Animal Welfare Organisation: Yes/No If yes, provide the name,
address and contact number of the Organisation: ........................................................................................................ ........................................................................................................ Declaration: I hereby declare that (1)
The information provided by me is accurate
and true to the best of my knowledge. (2)
No FIR or non-cognizable report is pending
against me, nor am I convicted for any offence under this Act, the Rules
thereunder, or any law in force for the welfare, protection or conservation of
animals. (3)
I will cooperate with the police verification
subsequent to the submission of this application. (4)
I am not involved directly or indirectly with
any trade, profession or occupation concerning the trade, transport, slaughter
or any other commercial use of animals and/or their body parts. (5)
I do not receive any income, benefit, favour
either monetary or otherwise from any individual or institution or business
involved in the commercial use of animals and/or their body parts. (6)
I am of sound mind and make this application
of my own volition. .......................... Signature & FULL NAME Date: Place: SCHEDULE
2 [Rule
8(2)] Application
for Membership to the General Body of SPCA District
.......................... To, Secretary Society of Prevention of
Cruelty to Animals District
.................................................... Subject: Application for the
membership of animal welfare organisation to the General Body of
SPCA.......................... (Name of the District SPCA). Name of the Organisation:
.............................................................................. Name of the authorised
signatory:
.............................................................................. (A copy of authorisation
letter/Board resolution shall be annexed to this application) Registration number &
date of registration: .................................................................................................................................. Activities undertaken by the
Organisation: .................................................................................................................................. .................................................................................................................................. Registered address: .................................................................................................................................. Address of shelter/sanctuary
operated by the applicant organisation: .................................................................................................................................. Phone Number/s: .................................................................................................................................. Email ID: .................................................................................................................................. Proof of Registration:
...[Trust Deed]...[Registration Certificate]...[PAN Card] Photo ID & Address Proof
of authorised signatory: ...[PAN Card] ...[PASSPORT]...[Aadhar Card]...[Driving
Licence] (Any two of the above
documents shall be submitted) Reasons for applying for
this membership: .................................................................................................................................. .................................................................................................................................. .................................................................................................................................. Whether applicant is recognised
by the Animal Welfare Board of India or the State Animal Welfare Board: Yes/No If yes, a copy of the
recognition certificate shall be annexed to this application. Declaration: I hereby declare that (1)
I am the authorised signatory of the
applicant Organisation. (2)
No FIR or non-cognizable report is pending
against the applicant Organisation or any of its Board members for any offence
under this Act, the Rules thereunder, or any law in force for the welfare,
protection or conservation of animals (3)
The applicant Organisation will cooperate
with the police verification subsequent to the submission of this application (4)
The applicant Organisation or any of its
Board members are not involved directly or indirectly with any trade,
profession or occupation concerning the trade, transport, slaughter or any
other commercial use of animals and/or their body parts. (5)
The applicant Organisation or any of its
Board members do not receive any income, benefit, favour either monetary or
otherwise from any individual or institution or business involved in the
commercial use of animals and/or their body parts. .................................................................................................................................. Signature & FULL NAME of
authorized signatory Date: Place: SCHEDULE
3 [Rule
12(6)] Proposal
for Emergency Meeting To Secretary Society for Prevention of
Cruelty to Animals District
_____________________________ Whereas, an emergency
meeting of the Management Committee of the Society for Prevention of Cruelty to
Animals, of the District _____________________________ is proposed by the
undersigned for deliberation and resolution for the following urgent issues: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ The relevant documents, if
any, supporting the above agenda are enclosed herewith. I request for the
meeting to be called urgently for enabling efficient discharge of the functions
of the SPCA. In lieu of an emergency
meeting, a personal hearing with the Chairperson may be granted for resolution
of the abovementioned issues. ____________________________________________________ FULL NAME OF MEMBER, MANAGEMENT
COMMITTEE, SPCA Contact information (Ph.
No., Address & Email ID) Date & time: Place: SCHEDULE
4 [Rule
14(1)(b)(ii)] Record
Sheet for In-patient animals Date: ______________ IPD No.
:_________________ Arrival/admission date:
____________________ Information regarding animal
provided by: Name:
____________________________________ Contact information:
Ph.No.________________ Email ID.__________________ Address:
__________________________________________________________ Details of the animal Species
_____________________ Breed _____________________ Sex: male / female Tag
No._____________________ Age ______ Colour:
_____________________Weight______________ Distinctive
features:_________________________________________________ _______________________________________________________________ Overall Health
Condition__________________________________________ _____________________________________________________________ Treatment
provided______________________________________ [Daily treatment record, prescriptions
may be attached to this form] Other medication
administered with date (signature of attending veterinary practitioner
required)_______________________________________________________________________________________ ___________________________________________________________ Final
comments___________________________________________________________________ Record Sheet for Case
property animals Tag no. _____________ Name of the reference Police
Station________________________________ FIR
number____________________________________ Ph no. of Investigating
Officer _______________________________________________ Brought to the infirmary by
(vehicle number and name of driver)__________________________ Date and place of release
_________________________________ (In case of death, attach
Post Mortem report/Death Certificate) ________________________________
__________________________ Signature of jurisdictional
veterinary officer /Concern Police officer _________________________ Signature of Infirmary Date:Society
For Prevention Of Cruelty To Animals Rules, 2023
Each State Government shall, by notification in official gazette, establish a
Society for Prevention of Cruelty to Animals for every district in the state
within six months from the date of commencement of these Rules, unless such a
Society has already been established under the Prevention of Cruelty to Animals
(Establishment and Regulation of Societies for Prevention of Cruelty to
Animals) Rules 2001. The Societies notified under the Prevention of Cruelty to
Animals (Establishment and Regulation of Societies for Prevention of Cruelty to
Animals) Rules 2001shall be governed in their conduct by these Rules.
The term of the non-government members of the Management Committee of SPCA
shall be three years from the date of its notification. The State Government or
the local authority of the district shall make fresh nominations for the
non-government members within thirty days of the expiry of their term.
The State Government may appoint officers and employees as it may think
necessary for the functioning of the SPCA.
The Management Committee of the SPCA shall perform the following functions and
any other functions delegated to it by the State Board or the Board: