the 26th March, 2001
S.O.271 (E) - Whereas
the draft Prevention of Cruelty to Animals (Establishment and Regulation of
Societies for Prevention of Cruelty to Animals) Rules, 2000 were published
as required by sub-section (1) of section 38 of the Prevention of Cruelty to
Animals Act, 1960 (59 of 1960), under the notification of the Government of
India in the Ministry of Social Justice and Empowerment number S.0 1166 (E)
dated the 2611 December, 2000 in the Gazette of India, Extraordinary, Part
11, Section 3, Sub Section (ii) dated the 27th December, 2000 inviting
objections and suggestions from all persons likely to be affected thereby,
before the expiry of the period of sixty days from the date on which copies
of the Gazette containing the said notification are made available to the
And, whereas, copies of the
said Gazette were made available to the public on the 1 st January 2001.
And, whereas no objection or suggestion has been received from the public in
respect of the said draft rules by the Central Government.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and
(2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of
1960) the Central Government hereby makes the following rules, namely :
1. Short title and
commencement - (1) These rules may be called the Prevention of
Cruelty to Animals (Establishment and Regulation of Societies for Prevention
of Cruelty to Animals) Rules, 2001
(2) They shall come into force on the date of their publication in the
2. Definitions - In these rules, unless the context otherwise
(a) "Act" means the Prevention
of Cruelty to Animals Act, 1960 (59 of 1960)
(b) "Animal Welfare Organisation" means a Welfare Organisation for animals
which is registered under the Societies Registration Act of 1860 (21 of
1860) or any other corresponding law for the time being in force and
recognised by the Board or the Central Government.
(c) "Board" means the Animal Welfare Board of India established under the
(d) "local authority, means a municipal board of municipal committee, a
State Animal Welfare Board, district board or any local animal welfare
organisation authorised by any law for the control and administration of any
matter relating to animals within a specified local areas.
(e) "Society" means Society for Prevention of Cruelty to Animals
(hereinafter referred to as SPCA) established in any district under the
Societies Registration Act, 1860 (21 of 1860) or any other corresponding law
applicable in a state and shall include the existing SPCA functioning in any
(f) "veterinary doctor" means a person registered with the Veterinary
Council of India established under the Indian Veterinary Council Act, 1984
(52 of 1984).
3. Society for Prevention
of Cruelty to animals in a district - (1) Every State Government shall
by notification in the Official Gazette, establish, as soon as may be and in
any event within six months from the date of commencement of these rules, a
society for every district in the State to be the SPCA in that district.
Provided that any society for Prevention of Cruelty to Animals functioning
in any district on the date of commencement of these rules shall continue to
discharge its functions till establishment of the SPCA in that district
under these rules.
(2) The Managing Committee of the Society shall be appointed by the State
Government or the local authority of the district consisting of a
Chairperson to be appointed by the State Government or the local authority
of the district, as the case may be with the concurrence of the Board and
shall consist of such number of other members as may be considered necessary
by the State Government or the local authority of the district subject to
the condition that
(i) at least two members shall be representatives of the Animal Welfare
Organisations which are actively involved in the work of prevention of
cruelty to animals and welfare of animals preferably from within the
(ii) at least two members shall be the persons elected by the general body
of members of the Society.
(3) The duties and powers of the Society shall be to aid the Government, the
Board and local authority in enforcing the provisions of the Act and to make
such bye-laws and guidelines as it may deem necessary for the efficient
discharge of its duties.
(4) The Society, or any person authorized by it in this behalf, if it or he
has reasonable grounds for believing that any person has committed an
offence under the Act, it or such authorized person may require such person
to produce forthwith any animal in his possession, control, custody or
ownership, or any license, permit or any other document granted to such
person or required to be kept by him under the provisions of the Act and may
stop any vehicle or enter into any premises in order to conduct a search or
inquiry and may seize an animal in respect of which it or such authorized
person has reason to believe that an offence under the Act is being
committed, and deal with it in accordance with law.
(5) In addition to the powers conferred by these rules, the State Government
may, in consultation with the Board, confer such other powers upon any
Society for exercising the powers and discharging the functions assigned to
it under these rules.
4. Setting up of
infirmaries and animal shelters - (1) Every State Government shall
provide adequate land and other facilities to the Society for the purpose of
constructing infirmaries and animal shelters.
(2) Every infirmary and animal shelter shall have -
(i) a full time veterinary doctor and other staff for the effective running
and maintenance of such infirmary or animal shelter; and
(ii) an administrator who shall be appointed by the Society.
(3) Every Society shall, through its administrator or otherwise, supervise
the overall functioning of the infirmaries and animal shelters under its
control and jurisdiction.
(4) All cattle pounds and pinjrapoles owned and run by a local authority
shall be managed by such authority jointly with the Society or Animal
5. Regulation of SPCAs
(1) Every Society shall submit its annual report to the Board incorporating
therein the activities undertaken by it for the welfare of animals and the
steps or measures taken by it to implement various provisions of the Act and
the rules made thereunder along with annual accounts duly audited by a
chartered accountant or any other body authorised by law within a period of
one month from the date of its accounts having been finalised by its
(2) The Board shall examine such annual report and the annual accounts
submitted by the Society and may give any directions to it for improvement
of its functioning including the supercession of the managing committee of
the Society with a view to give effect to the provisions of the Act and the
rules made thereunder.
Provided that the Board shall give opportunity of personal hearing to the
office bearers of the Society or any representative authorised by it before
giving direction of its supercession and holding of fresh elections for
electing a new managing committee as per bye-laws of the society.
(3) The Board shall give any direction to any Society in the interest of
smooth and efficient functioning of the Society including the procedure for
holding the election of the managing committee of the Society, utilisation
of financial resources and management of assets of the Society with a view
to give effect to the provisions of the Act and the rules made thereunder.
DHARMENDRA DEO, Jt. Secy.