tle f ne'veit ivj v f ckueltf tv i,:~hhl' a ejl~ e,n) ::jill, l'bl l-t!:!-p£'}' s intru9~c~d in ~~_lsa!)hu '1 page 5, line 14,-~ page 12, in the m:arsinal he aci~n~ tv sectivn 11-i2-r tlcruelyll 'y_as;j "ciue lly"  3 page 13 • fvr 14ast line ~s9 ----" 32 {i)  ~   " 4 1 n the ,;ucket ~age " in last line , __ :-ult \ t 1  -,  fo; "~i vii ~u  ply" re ad "civil supplies" ne~j  elfu, november 26 1')81 m·r-ah~ay-arta- t;·"173·11-alta;  bui' no: 1 at 1t81 - the prevention of cruelty to animals (amendment) bill, 1981 it billto amend the prevention e>f cruelty to animals act, 1960 be it enacted by parliament in the thirty-eecond ye fil the-republic of india as follows:-:t tlds act" may be called the prevention' ot cruelty to anima]s short" (amendinent) act, 1981 title " of 11160 5 z; _ in seetion 2 of the -preveotion of c1'uelty to anjmals act, 1910 amend· mentof section 2 (hereinafter referred to as the princi~ act), for clauae (b)  , the followilia clause shall be substituted, name1y:-'(b) "board" means the board established under section 4, and as reconstituted from time to time under section 5a;' subltitui 0 3 iii the principal act, in chapter il, forthe heading, following hea~g shall be substituted, namely:-the tion of new headin,  "animal welfare boalid of india"for heading ell chapter ii 4 in section 4 of the principal act, in sub-section (1), for the words amend-clanimal welfare board", the words "animal welfare board of india" ment of 15 shall be substituted ection 4  s in section 5 of the principal act,-(a) in sub-section ,(1),-amendmentof section 5 (i) after clause (b), the following clauses shall be inserted, namely;-"(ba) two persona to represent respectively the midis-5 tries of the central gov'emllledt dee1ing with home ajlairs and education, to be appoidted by the central go~8i'iliiiej1t; ('bb) one penon to repreeent the jndiml board for wlld life, to be appointed by the central government; (be) three persons who, in the opinion of the central 10 govenunent are or have been actively edpied in animal welfare work and are wei-known humanitarians, to be nominated by the central gov8l'dld8dti"; (ii) for clause (e), the following clause shall be substituted, namely:-15 "(e) one person to represent each of such two municipal corporations as in the opinion of the central government oapt to be represented on the board, to be elected by each of the said corporations in the prescribed ljl8dj1er ;"j (b) in sub-section (2), for the word, brackets and letter "clause 2q (b) ", the words, brackets and letters "clause (b) or clause (ba) or dause (bb)" shall be substituted; (c) for sub-section (3), the followini sub-section shall be substituted, namely:-"(3) the central government shall nominate one of the 2s members of the board to be its chairman and another member of the board to be its vice-chairman" 6 after section 5 of the principal act, the following section shall be inberted, namely: -i insertion of new section 5a recodstitution of the board  "m (1) in order that the chairman and other members of 30 the board hold office till the same date and that their terms of office come to an end on the same date, the· central government may, by notification in the official gazette, reconstitute, as soon as may be after the prevention of cruelty to animals (amendment) act, 1981 comes into force, the board 35 (2) the board as reconstituted under sub-section (1) shall be reconstituted from time to time on the expiration of every third year from the date of its reconstitution under sub-section (1) (3) there shall be included amongst the members of the board reconstituted under suh-section (1), all persons who immediately 40 before the date on which such reconstitution is to take effect, are members of the board but such persons shall hold office only for the unexpired port· on of the term for which they would have held oftlce if such reconstitution had not been made and the vacancies arising as a result of their ceasing to b, m~mbers of the board shall be 45 , filled up as casual vacanciel for the remaining period of the term of the board as so reconstituted: provided that nothing in this sub-section shall apply in relation to any person who ceases to be a member of the board by virtue 5 of the amendment made in sub-section (1) of section 5 by sub-clause (ii) of clause (a) of section 5 of the prevention of cruelty to animals (amendment) act, 1981" 10 7 for section 6 of the principal act, the following section shall be substitusubstituted, namely: -tion cit new  tion tor section 6 "6 (1) the term for which the board may be reconstituted under section 5a shall be three years from the date of the reconsti-tution and the chairman and other members of the board as so reconstituted shall hold office till the expiry of the term for which the board has been so reconstituted (2) notwithstanding anything contained in sub-section (1) ,-termot office and conditions of service ot members of the board (a) the term of office at an ex offick> member shall continue so long as he holds the ofbce by virtue of which he is such a member;  ~o (b) the term of office of a member elected or· chosen under clause (c), clause (e), clause (f), clause (g), clause (h) or clause (i) of section 5 to represent any body of persons ~hall come to an end as soon as he ceases to be a member of the body which elected him or in respect of which he was chosen; • (e) the term of ofrce of a member appointed, nominated, elected or chosen to ful a casual vacancy shall continue for the remainder of the term df office of the member in whose place he is appointed, nominated, elected or chosen; 30 (d) the central government may, at any time, remove for reasons to be recorded in writing a member from ofrce after giving him a reasonable opportunity of showing cause against the proposed removal and any vacancy caused by such removal shall be treated as casual vacancy for the purpose of clause (c) (3) the members of the board shali receive such allowances, if any, as the board may, subject to the previous approval of the central government, provide by regulations made in ·this behalf, 35 (4) no act done or procieding taken by the board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the board and in particular, and without prejudice to the generality of the foregoing, during the period intervening between the expiry of the term for which the board has been reconstituted under section 5a and its further reconstitution under that section, the ex otjicio members of the board shall discharge all the powers and functions of the board" 8 in section 7 of the principal act, in, sub-sectton (1) the· words 45 "one of its officers to be" shall be omitted amendmentof lection '( ,t in ,section 9 of the principal act,-amendmentof section 9 (a) in clause (d), for the wordg"ameliorating thecon&tion of ,beasts ofburdenu , the words "amelioration -of animals" shall be substituted; (0) in elause (g), for the words "the formation ofpilljrapo,les, 5 1idietuat'tw imd thetlke", the words '":t\e forjdatioll or eltatiu'1umilt of pinjrapoles, rescue homes, animal shelters, smlctuaries anct the ljke" s1w1 be substituted  10 in section 11 of the principal act,-10 (a) in sub-section (1) ,-(i) in clause ,(c), for the ,words "any domestic prcapttve _animal", at both the places where they occur, the w0d4s "any ,al,l,bnal" ,shall be substituted; (ii) in clause (h), for ,the words "any captive animal", the ~ '~ -animal" shall be substituted; 15 (iii) for clause (l), the fd!lowing clause shall be substituted, llamely:-"(l) jllutilates any animal or kills any animal '(fnc}uding stray dogs) by using the method of strychnine- fnjec- 110 flons fn the heart or in any other unnecessarily cruel manner; ~ i , (i1') for clause (m), the following clause shall be substituted, namely:- "(mt solely with a view to pl'o\'iid1ng ,tet"tment-(i) confines or causes to be confined any animal ~5 (-i&a1udingtying of 8!l animates a 'batt tin a tiger or other sanctuary) so as totmda! dt an object of prey for any other animal; or i (ii) incites any animal to fight or bajtany other animal; or"; 30 (1') in ~ (~), ,the worc1s "for tlae jpurpose& at his ·bust _~~," shall be omitted; -{m) for the portion beginning with the words "in the case of a flrst offence" and ending with the words ·'or -w::lth both", ocetjtii'ing at the end, the follow4ng shall be substituted, namely:- 35 "in the case of a first offence, with fine which shall not be less than ten rupees but wh~ch may extend to fifty rupees, and in t11e case of b second or subsequent ot!n~ committed within three years 01 the previous o1i'ence, with fine which shall not be less than twenty-five rupees but 40 which may ext:ef!d to one hundred rupees or with imprbon ment for a term which may extend to three months, or wtth both";, ; 1· ,~ , itb) lns'ub-section :(9), in clause (b), 'for 'the words ''by other ldiethods 'l\yttba mtnimmn ·df 'suffering", the 'wfjpts ifby such other methods as may be prescribed" shall be substituted amendmentof section 1~ 11 in section 12 of the principal act, for the words ttdoom devil, the 5 words and brackets "doom dev or any other operation (illc1uding injac-,,of -any :substance) :to improve laotatlon 'which is injurious to the lhaaltb ,tjf "tbeanimli}" 'shall be stiblltttuted 12 in section 13 of the principal act, in stib-;seetioh (3), ~he words "in such manner as may be prescribed~ ,shah -be ,in8erie4·at tke end jo 11:kiter '18ctton 15 of the principal act,the :followtng mbbio, shall be inserted, namely:-amendmentof 8i!ctlon 13 ~ of, eotmil 1m "15a (1) the committee may constitute as many su~oinmittees as it thinks !fit for exercising any power or dischlll'ging any duty of the 'committee for i:nquiring into or rreportingand a~g on j 5 'any matter wbich the committee may refer (2) a sub-committee shall consist exclusively of the members of 'fhe committee:" tl tn section 1'7 of the principal act, after sub~ion (1), the 'follow-amellding 'sub-section shall be tnserted, namely: -ment of 20 section "(1ao)' in particular, &ad without pre;witce tot}ae ml'8lity 1'1 of the foreg<ling power, st:1ch rules may j'l'f;'mde f6r ~ feji1)wing utattel$, namely:-(0) t'he registratten bf persbns ()t' fnstitu&ns ~ on experiments on anl'mals;' (b) the reports and other infol'rlation which shallbe igrwarded to the committee by persons and institutions ~ cn'i elq)ei'iments on animals" ' fl in section s2 of the principal act, in sub-section ~), for "the words ~ ~, the words and figures icdoom dev or any ot'bet opf!1"iltiol'l 0'1 30 the nature referred to in section 12" shall be s'ubstituted 18 in section 38 of the principal act,-(a) in sub-section (2),-aznelli meritfl't 1it!'c!ftm st ---mentof section 38 (i) in clause (a), the words "terms and" shall be om!tted; (ii) after clause (a), the following clause shall be inserted, 35 namely:-" (aa) the manner in which the persons to represent municipal corporations are to be elected under clause (e) of s'ilb-section (1) or" section 5;1'; (iii) after clause (e), the following clauses shall be inserted, namely:-! /i (ea) the other methods of destruction of stray dogs referred to in clause (b) of sub-section (3) of section 11; (eb) the methods by which any animal which cannot be removed without cruelty may be destroyed under subsection (3) of section 13;"; (iv) after clause (;) the following clause shall be inserted, namely:-5 "(ja) the fees which may be charged by the committee constituted under section 15 for the registration of persons or institutions carrying on experiments on animals or for any other purpose;"; 10 (b) sub-eection (4) shall be omitted 17 after section 38 of the principal act, the following section shan be inserted, namely:-lnaertion of new" seetion 38a ' "38a every rule made by the central government or by the committee constitu~ed under section 15 and every regulation made -rules and , regu1atlclm to be laid before parliament by the board shall be bid, as soon as may be after it is made, before 15 each howre 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 im-" mediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation, 20 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 eft'ect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the val;dity of anything 25 previously done under that rule or regulationj' '18 the change of name of the animal welfhe board by section 4 shall  riot affect any rights and obligations of that board or render defective any legal proceedings by or against it and any legal proceedings which might have been continued or commenced by or aga;nst that board by 30  ita former name may be continued or comm!!nced by or against it by' its new name change of name of animal welfare board not tq aftectany rightlor oblja· tiodll, etc the prevention of cruelty to animals act, 1960 was enacted !in 1960 to prevent the infliction of unnecessary pain or suffering on anjmals and for that purpose to amend and codify all laws relating to the prevention of cruelty to animals keeping in view the experienoce iained in the working of the act for the last twenty years, it is considered necessary to amend the act so  as to better achieve the purposes thereof 2 the more important amendments which are pro~ to be made are the following:-(a) the name of the board is proposed to be changed 88 the animal welfare board of india to reflect the national character of the board (vide clause 4) (b) the compositi~n of the board is being altered for giving representation to well known humanitarians engaged in animal welfare work and to the ministries of home affairs and education and the indian board for wild life at the same time the number of members representing municipal corporations is being reduced from five to two as a result of these changes the board will have 28 members instead of 25 members as at present in order to ensure that the same team continues for a period of three years, provision is being made for the reconstitution of the board on the expiration of every third year (vide clauses 5, 6 and 7) (c) the function of the board under clause (d) of section 9 which is confined at present to ameliorating the condition of beasts of burden is being widened so as to cover amelioration of all anima and the function under clause  (g) of the section relating to the grant of financial assistance for the formation of pinjrapole, sanctuariel nnd the like is being amplified to cover expressly rescue home for animals and animal shelters (vide clause 9) (d) section 11 relating to punishment for treating animal, cruelly is proposed to be modified to cover certain additional cases of cruelty and also to provide for a minimum punishment by way of fine for treating animals cruelly (vide clause 10) (e) section 12 of the act provides for penalty for practisina phook4 or doom ctev upon any cow or other milch animal th!ii aec~ tion is being amended to make other operations to improve lactation (including injection of any substance) which are injurious to the health of such animals punishable (vide clause 11) (i) with a view to enabling the committee for control and su-pervision of experiments on animals to function more effectively a new section :is proposed to be included foc enabling the committee to constitute sub-committees for exercising any of its powers or dischargijng ad~ of the duties or for enq¢ring into or mpo1"tini and advising on any matters referred to them by the committee (vide clause 13) (i') seanor 3& relating to, the power to make rules is ~in, ~imer- alia· to provide for the fees which may be chari1k\ br the· ¢ommi4ltae for control and supervision of experiments on ani-duwa jk tl\e registration of institutions for which such expedmeota are caraed; on (tnde clause 16)  3i 'jhe·bmseeks to achieve the above objects, rae birendlta singh -  ~;  the 4th n01jember, 1981  pasidbntt'srecommendation underarticle 117 of the constitution of indiau;::op;:: of 14tter: no f 14-6180~ldi, dated the 20th november, 1981 !tom raql3irendra singh,  ministerj of agriculture and· rural reconstruction ancllrri~ aj;ld mini$ter of civil supplies to the secretary, iak sabha] the president, having been informed of the subject matter of the bill further to amend the prevention of cruelty to animali aot, 1980' (59 of 1968) recommends under article 117(3') of the constitution of india the consideration of' the bill by lok sabha  financial mtmoran1>um, clause 5 of the bill seeks·to amend &ecuon 5·01 the pd4wejltaou 01 ~ tit animals act, 1966, increasidg the ~'11 ,_hip of ":aci from » i 28i no salary or aaiowaac exeaptiag ~ abe •• 0it 1114 bu, tilowa~ is paid by ~ bn tou-  ~  bmfeo clause 9 of the bill amehe seatiin 96g) at __ alit, w tht board will be incurring expenditure by way of grant of financial asslstaftce for tiw establ:itbment qf ~ ho- and ildal  at presmi, the quantum of actual mllliu  ) exp&dttwe ~ to bee  dtlt!fed ciil account gf tftese- provweas c-ot be antici howe_ the additiollatl expenditun ctf ~ or lioi1-~ mtue will lie l'iiet withir the -ibtiag grat  ·, ~ to the· aairtl weuan jioatii cift·aailual basis by' tjae'0eura1·~t  ~0iru 1'8eui'rir1g axpenditw7e is infthed r '  memorandum regarding delegated legislationclause 14 of the bill seeks to insert a new sub-section (ia) in aecuod 17 of the principal act, to empower the committee for control and iupervision of experiments on animals to make rules with respect to the registration of persons or institutions carrying on experiments on animals, and the reports and other information which shall be forwarded to the committee by such persons and institutions 2 clause 16 of the bill seeks to amend section 38 of the principal act for empowering the central government to make rules in respect of matters specified in that clause they relate to the manner in which the persons to represent municipal corporations are to be elected under clause (e) of sub-section (1) of section 5; the other methods of destruction of stray dogs referred to in clause (d) of sub-section (3) of section 11; the methods by which any animal which cannot 'be removed without cruelty may be destroyed under sub-section (3) of section 13 and the fee which may be charged by the committee constituted under ifjc-don 15 for the registration of persons or institutions carrying on experimenta on animals or for any other purpose 3 the matters with respect to which rule! may be made are matters of procedure or detail the delegation of legislative power ii, thenlon, of a normal eharacter - - - - -  chapi'er i- - - - - defldt tlon8 z in thil act, unless the context otherwise requires,-- - - - - (b) "board" means the animal welfare board established under aection 4; - - - - -  chapter ii animal welfare boardeatabllsh nien~ot , animal wellare board , (1) for the promotion of animal welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain or suffering, in particular, there shall be established by the central government, as soon as may be after the commencement of this act, a board to be called the animal welfare board - - - - - 5 (1) the board shall consist of the following persons, name1y:-- - - - - constitu tion of the board (e) one person to represent each of the municipal corporations of bombay, calcutta, delhi and madras, and one person to represent any other municipal corporation as, in the opinion of the central government, ought to be represented on the board, to be elected by each of the said corporations in the prescribed manner: - - - - - (2) any of the persons referred to in clause (a) or clause (b) of sub· section (1) may depute any other person to attend any of the meetings of the board (3) one of the members of the board shall be nominated by the central government to be its chairman 6 (1) save as otherwise provilied in this section, the term of oftlce of a member o'f the board shall be three years term of oftlee and conditions otservlee ofmem· ben of the board (2) subject to the provi'sione contained in sub-section (4), the term of otbce of the member elected to represent any municipal corporation (other than the corporations of bombay, calcutta, delhi and madras) lball be one year from the date on which such member assumes offtce (3) the tenn of of!ce of an ez otficio member shall continue so lon, as he holds the office by virtue of which he is such a member (4) the term of oibce of a member elected or chosen under clause (c), clause (e), clause (f), clause (g) or clause (i) of section 5 to represent any body df persons ltbau-came jo an end as soon as he ceases to be a member of the body which elected him or in respect of which he was chosen 1 (5) the ~rm of oftioe of a memer nominated, elected or chosen to ful a casual vacancy shall continue for the remainder of the tenn of oftlce of the member in whose -plaee be 'is nominated, elected ot' chosen (6) the members of th~ b0'8t'6 shah 'receive such allowances, if any, -as the board may, sub~t to the previous approval of the central government, provide by regulations made by it in this behalf -(7) no aet done or pjoceeding tallen by the beard shall be questioned on the ground merely of the existence of any vacancy in, or defect in tid! i:t;utttftat1on -dr, 'the -board 7 (1) tlte central government shall appoint,one of its officers to be the secretary of the board - - - - - secretaq'and other empjoyeeloi theboucl pullin - 01_ boaft\ - - - - - (d) to take all such s~ as the board may think fit for ameliorating the condition of beas1i of bupdei1 by encouraging, or providing for, the construction of sheds, water-troughs and the like and by providing for veterinary assistance to animals; - - - - - (g) to encourage, by the grant of financial assistance or other-wise, the formation of pin;rapozes, sanctuaries and the like where abimals and birds may 1\nd a ,shelter when they have become old and useless orw'hen they need protection; -  - - <miaipter thi crtjiaty to animals generally' - - - - - (c) wilfully and unreasonably administers any injurious drug or irtturioua ~ee tb 'my doiftesttc or captive animal or wfltully and unreasonably causes or ~~s to cause any such drug or sudstance to betaken ~ anyd,tic or captive animal; or - - - - (h) being ihe owner:of any ~puveammal, tails to provide such animal with ·s'uftlcient food, -driukor shelter; or - - - - (t) ,u8lf1y ·muttlates -any atuma1-or 1dlls any anima11d at1 'qdnecelsarilv ~l manner' or -" s: ' , (~ -~ or -c~ ~_ be ,~_d-,~ ,8jlimal in such a ' "rasm make it an 'o\:tject of ~ey i~r ,~y other _ animal aoitiy \\'!itba vi~ to ,p~viqing e~t fqr o,tqer persods; or (71) 'for the purposes of 'hisbustness, organises, keeps, uses or ads in "'the manllgemerrt of, any plaee 'for anilll8'l 'fighting or for the purpose o'f btrtting '8nyanimal 'tit -permits or offers any place to be 80 used or receives money for 'the admiseton of any -other person to any plate kept or used for any -such purpoesj or - - - - - be shall be punishable, in the case of a first offence, with fine which may  do jif1i¥ ,r~, /uld,in the o~ ctf a\-con~pr aupeequent offence  t  ~ tbree ye&l"s ·at the ~ ~, writh fine which may extend to one hundred l'upee6,or ;wit,h ~illlp1wnment for a, term which may extend to three months, or with both - '" - - - (3) nothing in this section shall apply to-- - - - - (b) the destruction of stray dogs in lethal c1)ambers or by other methods with a minimum of suffering; or - - - - - penalty forpractisin, phooka or doom dev 41 "1f -any -persen performs upon any i:ow 'or other milch animal the ~km cabedphooka or doom dev or permits such operation being performed upon any sueh animal in his po8lession 01' under his control, lie shell-be'p1:t!lish'able with fine which may extend"to one thousand rupees, or wfthimp!l98llment far a term which may extend ,to two years, or with 1iiiol, end the animal on which the operation was performed shall be forfeited to the government 13 (1) - - - - (3) any police officer above the rank of a constable or any person authorised by the state government in _ this behalf who finds any animal destruction of suffering animais so diseased or so severely injured or in such a physical condition that in his opinion it cannot be removed without cruelty, may, if the owner is absent or refuses his consent to the destruction of the animal, forthwith summon the veterinary officer in charge of the area in which the animal is found, and if the veterinary officer certifies that the animal is mortally injured or so severely injured or in such a physical condition that it would be cruel to keep it alive, the police oftlcer or the person authorised, as the case may be, may, after obtaining orders from a magistrate, destroy the animal injured or cause it to be destroyed   chapter vi miscellaneous'powers ofllnrch and ~ (2) if a police oftlcer dot below the rank of sub-idapector, or any perscld authorised by the state government in this behau, has reuon to believe that phook4 or doom dbv has just been, or is being, performed on any animal within the limits of his jurisdiction, he may enter any plhce in which he has reason to believe such animal to be, and may seize the animal and produce it for examination by the veterinary oftlcer in charge of the area in which the animal is seized  - - - - - 38 (1) - - - - - (2) in particular, and without prejudice to the generality of the f0regoing power, the central government may make rules providinl for all or any of the following mat\ers, namely:-(4) the terms and conditions of service of members of the board, the allowances payable to them and the manner in which they may exercise their powers and discharie their functions; - - - - - (4) every rule made by the central government under thia lection shall be laid as soon as may be after it is made, befo~ 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 successive seaiom, and if, before the expiry of the session in which jt is 80 laid or the seuiod immedi&tely following, both houses agree in making any modhlcation in the rule, or both ho'uses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be qf 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  - - - -  billto amend the prevention of cruelty to animals act, 1960  - (llao birendra sifl{11i, mini8ter of agriculture 4nd lural ~ 1lecbnnruction cmd i~ end jfmuter of awn suppl,r) 