THE ANIMAL ORDINANCE 1953.. NO.17 OF 1953
PART IV
PREVENTION OF CRUELTY TO ANIMALS
Interpretation.
43. In this Part, unless the context otherwise requires-
"animal" means any living creature other than a human being and includes any beast, bird, fish, reptile or insect, whether wild or tame.
Penalty for cruelty to animals.
44. (1) Any person who -
(a) cruelly beats, kicks, ill-treats, over-rides, over-drives, overloads, tortures, infuriates or terrifies any animal; or
(b) causes or procures or, being the owner, permits any animal to be so used; or
(c) being in charge of any animal in confinement or in course of transport from one place to another neglects to supply such animal with sufficient food or water; or
(d) by wantonly or unreasonably doing or omitting to do any act, causes any unnecessary pain or suffering, or, being the owner, permits any unnecessary pain or suffering to any animal; or
(e) causes, procures or, being the owner, permits to be confined, conveyed, lifted or carried any animal in such manner or position as to subject it to unnecessary pain or suffering; or
(f) employs or causes or procures or, being the owner, permits to be employed in any work or labour, any animal which in consequence of any disease, infirmity, wound or sore, or otherwise is unfit to be so employed; or
(g) causes, procures or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any premises or place to be so kept, managed or used, or receives or causes or procures any person to receive, money for the admission of any person to such premises or place,
shall be guilty of an offence of cruelty and shall be liable to a fine of two hundred dollars or to imprisonment for a term of six months or to both.
(2) For the purposes of this section an owner shall be deemed to have permitted cruelty within the meaning of this Part if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom:
Provided that where an owner is convicted of permitting cruelty within the meaning of this Ordinance by reason only of his having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.
(3) Nothing in this section shall apply to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering.
(4) Notwithstanding the provisions of paragraph (g) of sub-section (1) the Chief Minister in a State may by written permit authorize the wrestling of bulls in such State, subject to such conditions as may be specified in the permit either on a special occasion of public interest or if he is satisfied that such wrestling is beneficial to the breed and, in either case, that no cruelty to any animal will arise therefrom, and where such wrestling is conducted in accordance with the conditions of such permit the provisions of the said paragraph shall be deemed not to apply thereto.
Power of veterinary authorities and police officers.
45. (1) Any veterinary authority and any police officer may arrest without warrant any person whom he sees committing any offence under section 44, and may seize any animal in respect of which and any conveyance or article with or by means of which such offence has been committed.
(2) Any person so arrested and any conveyance or article so seized shall be forthwith taken to a police station.
(3) Any animal so seized shall be taken to a police station or a pound or a veterinary centre and may, subject to any order made in respect thereof by a Magistrate, be there detained until the accused has been tried.
(4) Any such officer may stop in any street or public place and examine any animal in respect of which he has reason to believe that an offence has been or is being committed under section 44.
Power of Town Board or Municipal Officers.
46. Within any town or Municipal limits the powers given by section 45 to veterinary authorities and police officers may be exercised by any officer appointed in that behalf by the Chairman Town Council or Town Board or the President of Municipal Councillors, as the case may be.
Orders by Magistrate when an offence has been committed.
47. (1) When any person has been convicted by a Magistrate of an offence under section 44 the Magistrate may order–
a. that the animal in respect of which the offence was committed be taken to a veterinary centre and there detained and treated by a veterinary authority for any period stated in such order, or until released by further order of a Magistrate or until a veterinary authority not below the rank of Assistant Veterinary Officer has certified in writing that it may properly be released; or
(b) that the animal be treated by a veterinary authority and not used during such period as may be stated in such order or until permission to use it has been given by a Magistrate or a veterinary authority not below the rank of Assistant Veterinary Officer; or
(c) may, if satisfied that the animal is incurably diseased or injured, order that such animal be destroyed forthwith by or under the direction of a police officer or veterinary authority and that the cost of burying or otherwise disposing of the carcase be borne by the person convicted.