Prevention of Cruelty to Animals Act, 1990 (1934 A.D.)
No: 13 Dated: Apr, 07 1991
THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1990 (1934 A.D.)
(Act No. XIII of Samvat 1990)
Whereas it is expedient to consolidate the law relating to the prevention of cruelty to animals;
It is hereby commanded as follows:-
1. Short title, extent, repeal and saving. - 1. This Act may be called the Prevention of Cruelty to Animals Act, 1990.
2. This Act extends to the towns of Jammu and Srinagar and all roads known as metalled and unmetalled roads in the Jammu and Kashmir State, which are open to wheeled traffic.
3. The Regulation of the Prevention of Cruelty to Animals dated 30th April, 1912, Regulation No. 6 of 1989, and Notifications No. 103 of 24th June, 1914 and No. 10-L of 1989 are hereby repealed.
4. All rules, bye-laws, notification, etc., issued heretofore shall, so far as they relate to the prevention of cruelty to animals, cease to be operative from the date on which this Act is enforced.
2. Definitions. - In this Act, unless there is something repugnant to the context:-
1. "animal" means any domestic or captured animal [or bird];
2. "street" includes any way, road, lane, square, court, alley, passage or open space, whether a through-fare or not, to which the public have access.
[3. Penalty for cruelly beating etc. animals in a public place, etc. - If any person-
(a) overdrive, beats or otherwise treats any animal so as to subject it to unnecessary pain or suffering, or
(b) binds, keeps, carries or consigns for carriage any animal in such manner or position as to subject it to unnecessary pain or suffering, or
(c) offers for sale or without reasonable cause has in his possession any live animal which is suffering pain by reason of mutilation, starvation, thirst, over-crowding or other ill-treatment, or
(d) offers for sale any dead animal or part of a dead animal which he has reason to believe has been killed in an unnecessarily cruel manner, or
(e) without reasonable cause abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst,
he shall be punished, in the case of a first offence, with a fine which may extend to fifty rupees, or with imprisonment for a term which may extend to one month and, in the case of a second or subsequent offence committed within three years of the previous offence with a fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both.]
[3A. Penalty for overloading. - (1) If any person overloads any animal, he shall be punished with fine which may extend to fifty rupees, or with imprisonment for a term which may extend to one month.
(2) If the owner of any animal, or any person who, either as a trader, carrier or contractor or by virtue of his employment by a trader, carrier or contractor, is in possession of, or in control of the loading of, any animal permits the overloading of such animal, he shall be punished with fine which may extend to one hundred rupees.]
4. Penalty for using a cow for dragging a plough. - If any person uses a cow for dragging the plough, he shall be punished with simple imprisonment which may extend to one month or with fine which may extend to Rs. 50/-, or with both.
[5. Penalty for performing phooka operation upon any cow. - If any person performs upon any cow or other milch animal the operation called phooka or permits such operation to be performed upon any such animal in his possession or under his control, he shall be punished with fine which may extend to five hundred rupees, or with imprisonment for a term which may extend to six months, or with both.
Explanation. - Phooka includes any process of introducing air or any substance into the female organ of a milch animal with the object of drawing off from the animal any secretion of milk.]