Amend the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 421] NEW DE LHI, FRIDAY, JULY 21, 2023/ASHADHA 30, 194 5 CG-DL-E-24072023-247556 ज़िला ................................................. ................... पूरा नाम: ………………………………………… .................................................. ... ................. जपता / माता का नाम: ........................................ .................................................. ……… जन्म की तारीख: .............................................. .... .............................................. ....... पेिा: ................................................ .................................................. .................... पता:.................................................. .................................................. ................... . फोन नंबर: .................................................. .................................................. ......... ईमेल आईडी: .................................................. .................................................. ...... .................................................. ........................................... ....... ........................ .................................................. .................................................. ...................... .................................................. ............................................ ...... ...................... .................................................. .............................................. .... ........................ .................................................. .................................................. .... .................... .................................................. ..... ज़िला ............................ .................................................. ............. ...................... ............... .................. ईमेल आईडी: ..................... .................................................. ............................................... ... .................... .... .................................................. .................................................. ...................... .................................................. .................................................. .................... .. .............. ......................... ..... ज़िला __________________________ ___ ________________________________________________________________________ ______________ ________________________________________________________________ ____________________ _______________________________________________________ _________________________________________ __________________________________ ___________________________________________________________________________ नाम: ____________________________________ पता: __________________________________________________________ प्रजाजत _____________________ नस्ट्ल _____________________ आयु ______ रंग: _____________________ िजन ____________ __ जिजिष्ट जििेिताएं:_________________________________________________ _______________________________________________________________ ___________________ _______________________________________ ___ हैं)_________________________________ ___________________________________________________ __________________________________________________ अंजतम रटप्पजणयाँ _____________________________________________________________ ____________________________________ ________________________ _____________________________________________________ ________________________________ __________________________ MINISTRY OF FISHERIES, ANIMAL HUSBANDRY AND DAIRYING (Department of Animal Husbandry and Dairying ) NOTIFICATION New Delhi, the 14th Ju ly, 2023 G.S.R. 527.—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 Crue lty to Animals (Establishment and Regula tion 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 o f things done or omitted to be done befor e 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 re spect 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 Husbandr y and Dairying, Room No. 245, Krishi Bhawan, Dr. Rajendra Prasad Road, New Delhi 110001. 1. Title and extent. –(1)These rules may be called the Society for Prevention of Cruelty to Animals Rules, 2023. (2) They shall com e into force on the date of their publication in the Official Gazette. 2. Definitions. – (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 Registr ation 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 Boar d 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 instituti on used as a place of treatmen t, 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 centr al government in the area who holds a degree from a recognized veterinary coll ege and is registered with the S tate Veterinary Council or Veterinary C ouncil of India. (g) ―Local Authority‖ means local authority as defined under sect ion 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 o f 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 Gov ernment in official gazette; 3. Establishment of Society for Prevention of Cruelty to Animals. – 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 Crue lty 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 2001 shall be governed in their conduct by these Rules . 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 op erating in the name of ‗Society for Prevention of Cruelty to Animals‘ in any District o f the State shall made necessary changes in its name within sixty days of notification of these Rules. 4. By-laws of the SPCA. – (1) The SPCA shall adopt the Model By -laws publ ished 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 t he relevant State Board or in the website of the Animal Husbandry Department of th e concerned state. 5. Constitution of the Management Committee of the Society for Prevention of Cruelty to Animals. – (1) The Management Committee of the Society shall have the foll owing 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 Dis trict 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 offic io; (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 Pros ecuti on 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 Or ganis ations 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 lo cal 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 shal l seek one nomination for the SPCA from the para - military force or Border Security Force or any other person from Ministry of Home Aff airs deployed at the Border. 6. Term of the Management Committee of the SPCA. –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 t he district shall make fresh nominations for the non -government members within thirty days of the expiry of their term . 7. Sub-committees of the SPCA. – (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. 8. Membership of the SPCA (General B ody). – (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 p rovided 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 t he Secretary. 9. Officer and employees of SPCA: The State Government may appoint officers and employees as it may think necessary for the functioning of the SPCA. 10. Establishment of infirmaries in every district. – (1) The Chairperson of the Society, in consultation with the Management Committee, shall identity the premises for setting of an Infirmary (ies) where t he treatment and care of sick or injured animals and up - keeping and maintenance of the abandoned or old or s tray 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 s heds for large animals, kennels, aviaries and other species -appropriate ho using 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 o wn 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 th e infirmary and they shall be kept in the infirmary till furt her 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 organisat ion, gaushala, or pinjrapole as the case may be. 11. Functions of District Society for Prevention of Cruelty to Animals. –The Management Committee of the SPCA shall perform the following function s and any other functions delegated to it by the State Board or th e Board: (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 as sist 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 t he 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 rece iving reports or information regarding cruelty to animals, or reporting a ny 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 dise ased homeless animals. (g) To aid and assist the District Disaster Management Authority in disaster preparedness; to conduct periodical training exercises and drills with the pers onnel of the Animal Husbandry Department and assist in rescue and relief operatio ns 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 , hoard ings, 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 th e 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. 12. Meetings of the District Society for Prevention of Cruelty to Animals. – (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, an d the Minutes of Mee ting 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 alongwith the Audited Accounts shall be presente d at the Annual Gene ral 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 Commit tee 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. 13. Funds for the Society for Prevention of Cruelty to Animals. – (1) The SPCA may receive funds in the bank account of the Society from the following sources: (a) Grant -in-aid from the Stat e Board or Animal Welfare Board of I ndia; (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. 14. Records to be maintained by the Secretary. – (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. 15. Regulation of Society for P revention of Cruelty to Animals – (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 SPCA‘s functions. (2) The Board may seek a nnual reports and audited accounts of any SPCA and give directio ns 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 da ys 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 compl ainant as well as the Secretary of the SPCA. Thereafter, a speaking order shall be issued by the Secretary of the Board. [F. No. V-11/12/2020 -Admin -6] Dr. O.P. CHAUDHARY , Jt. Secy. First Schedule [Rule 8(1)] Application for Membership to the General Bo dy 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: …............................................................................................................................ ....... Father‘s/Mother‘s Name: .................................................................... .............................. .......………………….. Date of Birth: .............................................................................................................. ..............……… Occupation: ...................................................... ............................ ...........................................…….. Address: ............................................................................................................................. .....… Phone Number: ......................... .......................... .................................................................................... Email ID: ............................................................................................................................. .......... . Photo ID & Address Pro of: …[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 pro vided. Reasons for applying for this membership: ............................................................................................................................ ........................................................... ................................................................. ........................................... ................................................................................ Whether applicant is a member/volunteer of any Animal Welfare Org anisation: Yes/No If yes, provide the name, address and contact numbe r 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 no t involved directly or indirectly with any trade, profession or o ccupation 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 co mmercial use of animals and/or their body parts. 6. I am of sound mind and make this application of my own volition. .......................................... ............. Signature & FULL NAM E Date: Place: Second Schedule [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 th e General Body of SPCA ............... (Name of the District SPCA) . Name of the Organisation: …................................................................................ ................................................... Name of the authorised signa tory: .........................................................................................................……………………. (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 signator y: …[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 a pplication. Declaration: I hereby declare that - 1. I am t he 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 Ru les thereunder, or any law in force for the welfare, pro tection 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 a ny 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 authorisedsignatory Date: Place: Third Schedule [Rule 1 2(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 Pre vention of Cruelty to Animals, of the District _____________________________ is proposed by the unders igned 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 disch arge 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 above - mentioned issues. _______________ _____________________________________ FULL NAME OF MEMBER, MANAGEMENT CO MMITTEE, SPCA _______________________________________________________________ Contact information (Ph. No., Address & Email ID) Date & time: Place: Fourth Schedule [Rule 1 4(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______________ Distincti ve features:_ ________________________________________________ _______________________________________________________________ Overall Health Condition__________________________________________ _____________________________________________________________ Treatment provided______________________________________ [Daily treatment record, prescriptions may be attached to this form] Other medication administered with date (signature of attending vete rinary practitioner required)__________________________________ _____________________________________________________ ___________________________________________________________ Final comments_________________________________________________________________ _____________________ _______________ Record Sheet for Case pro perty 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, attac h Post Mortem report/Death Certificate) __________________________ ______ __________________________ Signature of jurisdictional veterinary officer /Concern Police officer _________________________ Signature of Infirmary Date: Uploaded by Dte. of Prin ting at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Del hi-110054.