By SHRIMATI POONAM MAHAJAN, M.P.

Similar documents
THE PREVENTION OF CRUELTY TO ANIMALS (AMENDMENT) BILL, 2016

THE INDIAN PENAL CODE (AMENDMENT) BILL, 2015

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) BILL, 2010

THE PETROLEUM AND MINERALS PIPELINES (ACQUISITION OF RIGHT OF USER IN LAND) AMENDMENT BILL, 2010

THE INDIAN PENAL CODE (AMENDMENT) BILL, 2016

THE PREVENTION OF CRUELTY TO ANIMALS ACT, (59 of 1960) As amended by Central Act 26 of (59 OF 1960) As amended by Central Act 26 of 1982.

THE WATER (PREVENTION AND CONTROL OF POLLUTION) AMENDMENT BILL, 2014

THE PLANTATIONS LABOUR (AMENDMENT) BILL, 2008

THE WATER (PREVENTION AND CONTROL OF POLLUTION) AMENDMENT BILL, 2012

THE INDIAN PENAL CODE (AMENDMENT) BILL, 2016

THE WHISTLE BLOWERS PROTECTION (AMENDMENT) BILL, 2016

AS INTRODUCED IN LOK SABHA

THE PREVENTION OF CORRUPTION (AMENDMENT) BILL, 2017

AS INTRODUCED IN LOK SABHA

THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS (AMENDMENT) BILL, 2017

THE DELHI HIGH COURT (AMENDMENT) BILL, 2014

THE GOVERNORS (EMOLUMENTS, ALLOWANCES AND PRIVILEGES) AMENDMENT BILL, 2012

THE PATERNITY BENEFIT BILL, 2017 SHRI RAJEEV SATAV, M.P.

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (AMENDMENT) BILL, 2011

THE POPULATION CONTROL BILL, 2016

THE GOVERNORS (EMOLUMENTS, ALLOWANCES AND PRIVILEGES) AMENDMENT BILL, 2008

THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) AMENDMENT BILL, 2013

THE ELECTRONIC WASTE (HANDLING AND DISPOSAL) BILL, 2013

THE PERSONAL DATA PROTECTION BILL, 2006

THE HIGH COURT AND THE SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT BILL, 2015

THE PREVENTION OF CRUELTY TO ANIMALS ACT, (59 of 1960) As amended by Central Act 26 of (59 OF 1960) As amended by Central Act 26 of 1982.

PCA Act The Prevention of Cruelty to Animals Act, 1960 (59 of 1960) As amended by Central Act 26 of Arrangement of sections

THE APPRENTICES (AMENDMENT) BILL, 2014

THE WAREHOUSING CORPORATIONS (AMENDMENT) BILL, 2011

Ministry of Law, Justice and Parliamentary Affairs, Bangladesh.

THE LOKPAL AND LOKAYUKTAS (AMENDMENT) BILL, 2016

THE PRISONS (AMENDMENT) BILL, 2016

THE PAYMENT OF GRATUITY (AMENDMENT) BILL, 2017

THE CODE OF CIVIL PROCEDURE (AMENDMENT) BILL, 2015

THE REGIONAL RURAL BANKS (AMENDMENT) BILL, 2013

THE PROHIBITION OF UNFAIR PRACTICES IN TECHNICAL EDUCATIONAL INSTITUTIONS, MEDICAL EDUCATIONAL INSTITUTIONS AND UNIVERSITIES BILL, 2010

THE HANDLOOMS (RESERVATION OF ARTICLES FOR PRODUCTION) ACT, 1985 ACT NO. 22 OF 1985

MAHARASHTRA ACT No. IX OF 1977

THE CONSTITUTION (AMENDMENT) BILL, 2016

THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) BILL, 2017

THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT BILL, 2011

THE ORISSA (ALTERATION OF NAME) BILL, 2010

THE COMPETITION (AMENDMENT) BILL, 2007

THE COMPETITION (AMENDMENT) BILL, 2007

THE PREVENTION OF MONEY-LAUNDERING (AMENDMENT) BILL, 2009

THE NEGOTIABLE INSTRUMENTS (AMENDMENT) BILL, 2015

THE PAYMENT OF WAGES (AMENDMENT) BILL, 2017

PREVENTION OF CRUELTY TO ANIMALS ACT, 1990 (1934 A.D.) (Act No. XIII of 1990)

THE PREVENTION OF SPORTING FRAUD BILL, 2013 A

THE CENTRAL GOODS AND SERVICES TAX (EXTENSION TO JAMMU AND KASHMIR) BILL, 2017

THE REPRESENTATION OF THE PEOPLE (AMENDMENT AND VALIDATION) BILL, 2013

THE SUGAR CESS (AMENDMENT) BILL, 2015

ST CHRISTOPHER AND NEVIS CHAPTER PROTECTION OF ANIMALS ACT

THE RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION (AMENDMENT) BILL, 2017

THE COMPETITION (AMENDMENT) BILL, 2012

THE MANAGEMENT OF RELIGIOUS INSTITUTIONS AND PLACES OF WORSHIP BILL, 2017

CHAPTER I PRELIMINARY. 1. Short title, extent, commencement and application. 2. Definitions. CHAPTER II THE ADVISORY BOARDS

THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997

THE RIGHT TO INFORMATION (AMENDMENT) BILL, 2011

THE ARMS (AMENDMENT) BILL, 2010

THE ARCHITECTS (AMENDMENT) BILL, 2010

THE WHISTLE BLOWERS PROTECTION (AMENDMENT) BILL, 2015

THE CRIMINAL LAW (AMENDMENT) BILL, 2018

CHAPTER VI Prevention and Detection of Offences

THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 2010

THE CONSTITUTION (ONE HUNDRED AND TENTH AMENDMENT) BILL, 2009

THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) AMENDMENT BILL, 2017

THE MATERNITY BENEFIT ACT, 1961 ARRANGEMENT OF SECTIONS

THE CITIZENSHIP (AMENDMENT) BILL, 2014

The Protection from Domestic Violence Bill, 2002

THE PUBLIC LIABILITY INSURANCE ACT, 1991 ARRANGEMENT OF SECTIONS

THE COMPTROLLER AND AUDITOR GENERAL'S (DUTIES, POWERS AND CONDITIONS OF SERVICE) AMENDMENT BILL, 2016 By SHRI BAIJAYANT PANDA, M.P.

THE DELHI PRIMARY EDUCATION ACT, 1960 ARRANGEMENT OF SECTIONS

ANIMALS PROTECTION ACT NO. 71 OF 1962

THE HIGHER EDUCATIONAL INSTITUTIONS (REGULATION OF FEE) BILL, 2017

THE MATERNITY BENEFIT ACT, 1961 INDEX

AS INTRODUCED IN LOK SABHA

THE STATE BANK OF SAURASHTRA (REPEAL) AND THE STATE BANK OF INDIA (SUBSIDIARY BANKS) AMENDMENT BILL, 2009

THE TRANSPLANTATION OF HUMAN ORGANS (AMENDMENT) BILL, 2009

THE PREVENTION OF BRIBERY OF FOREIGN PUBLIC OFFICIALS AND OFFICIALS OF PUBLIC INTERNATIONAL ORGANISATIONS BILL, 2011

THE RIGHT TO INFORMATION (AMENDMENT) BILL, 2012

THE WHISTLE BLOWERS PROTECTION BILL, 2011

THE LOKPAL AND LOKAYUKTAS AND OTHER RELATED LAW (AMENDMENT) BILL, 2014

THE CENTRAL EDUCATIONAL INSTITUTIONS (RESERVATION IN ADMISSION) AMENDMENT BILL, 2010

THE DISCLOSURE OF LOBBYING ACTIVITIES BILL, 2013

THE METRO RAILWAYS (AMENDMENT) BILL, 2009

Bar & Bench (

THE PRIVATE SECURITY AGENCIES (REGULATION) ACT, 2005 ARRANGEMENT OF SECTIONS

THE ENVIRONMENT (PROTECTION) ACT, 1986

THE PAYMENT OF BONUS (AMENDMENT) BILL, 2007

THE PUBLIC LIABILITY INSURANCE ACT, 1991

FOREIGN CONTRIBUTION (REGULATION) ACT, 1976 [Act No. 49 of Year 1976]

THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT (AMENDMENT) BILL, 2015

ASSEMBLY BILL No. 1951

THE ANDHRA PRADESH FACTORIES AND ESTABLISHMENTS (NATIONAL, FESTIVAL AND OTHER HOLIDAYS) ACT,1974. ACT No.32 of 1974 (As amended by Act 21 of 1980)

THE INTER-STATE MIGRANT WORKMEN (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, (No. 30 of 1979)

THE REPRESENTATION OF THE PEOPLE (SECOND AMENDMENT AND VALIDATION) BILL, 2013

FOOD CONTROL [Cap. 214

THE DELIMITATION (AMENDMENT) BILL, 2008

EQUAL REMUNERATION ACT, 1976 CHAPTER I PRELIMINARY CHAPTER II PAYMENT OF REMUNERATION OF EQUAL RATES TO MEN AND WOMEN WORKERS AND OTHER MATTERS

Transcription:

1 AS INTRODUCED IN LOK SABHA Bill No. 105 of 2016 5 59 of 1960. 10 15 THE PREVENTION OF CRUELTY TO ANIMALS (AMENDMENT) BILL, 2016 By SHRIMATI POONAM MAHAJAN, M.P. A BILL further to amend the Prevention of Cruelty to Animals Act, 1960. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows: 1. (1) This Act may be called the Prevention of Cruelty to Animals (Amendment) Act, 2016. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In section 11 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as the principal Act), in sub-section (1), for the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both.", the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than three thousand rupees but which may extend to five thousand rupees, and in the case of a second or subsequent offence committed within three Short title and commencement. Amendment of section 11.

Substitution of new section for section 12. Penalty of practising phooka, doom dev or use of oxytocin. Amendment of section 20. Amendment of section 26. Substitution of new section for section 31. Cognizability of offences. Amendment of section 38. 2 years of the previous offence, with fine which shall not be less than five thousand rupees but which may extend to ten thousand rupees or with imprisonment for a term which may extend to six months, or with both." shall be substituted. 3. For section 12 of the principal Act, the following section shall be substituted, namely: 12. If any person performs upon any cow or other milch animal the operation called phooka or doom dev or any other operation (including injection of any substance or oxytocin) to improve lactation which is injurious to the health of the animal or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with imprisonment for a term which may extend to four years, or with both, and the animal on which the operation was performed shall be forfeited to the Government.. 4. In section 20 of the principal Act, for the words which may extend to two hundred rupees, the words which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees" shall be substituted. 5. In section 26 of the principal Act, for the words "he shall be punishable on conviction with fine which may extend to five hundred rupees, or with imprisonment which may extend to three months, or with both, the words "he shall be punishable on conviction with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with imprisonment which may extend to six months, or with both" shall be substituted. 6. For section 31 of the principal Act, the following section shall be substituted, namely: 31. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this Act shall be a cognizable offence within the meaning of that Code. 7. In section 38 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely: (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with imprisonment for a term which may extend to six months, or with both.. 5 10 15 20 25 2 of 1974. 30

STATEMENT OF OBJECTS AND REASONS The Prevention of Cruelty to Animals Act, 1960 was enacted to provide for prevention of infliction of unnecessary pain or suffering on animals. However, the same has not achieved its purpose owing to lesser penal provisions. The Act has failed to protect animals for more than decades now. Animal abusers have continued to take advantage of the obsolete Act and continue to inflict unfathomable amount of cruelty on animals and remain unpunished. In Animal Welfare Board of India Vs. A. Nagaraj, dated 07.05.2014, the Hon'ble Supreme Court observed, inter alia, Parliament is expected to make proper amendment of the Prevention of Cruelty to Animals Act, 1960 to provide an effective deterrent to achieve the object and purpose of the Act and for violation of section 11, adequate penalties and punishments should be imposed. Parliament, it is expected, would elevate rights of animals to that of constitutional rights, as done by many of the countries around the world, so as to protect their dignity and honour. Thus, there is an urgent need to amend the penal provisions of the Act in compliance with the judgment of the Supreme Court and to prevent the unnecessary pain and suffering to animals and to ensure that the Act is deterrent to animal abusers. This Bill, therefore, seeks to replace penal provisions of the Prevention of Cruelty to Animals Act, 1960 with increased penalty. The amended provision will promote the constitutional duty of compassion. Hence this Bill. NEW DELHI; March 22, 2016. POONAM MAHAJAN 3

ANNEXURE EXTRACTS FROM THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 Treating animals cruelly. Penalty for practising phooka or doom dev. Penalties. Offences. 11. (1) If any person (a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes, or being the owner permits, any animal to be so treated; or (o) promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting: he shall be punishable 19 [in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend, to one hundred rupees or with imprisonment for a term which may extend, to three months, or with both.] 12. If any persons upon any cow or other milch animal the operation called practising phooka or 21 [doom dev or any other operation (including injection of any or doom dev. substance) to improve lactation which is injurious to the health of the animal] or permits such operation being performed upon any such animal in his possession or under his control, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to the Government. 20. If any person (a) contravenes any order made by the Committee under section 19; or (b) commits a breach of any condition imposed by the Committee under that section: he shall be punishable with fine which may extend to two hundred rupees, and, when the contravention or breach of condition has taken place in any institution the person incharge of the institution shall be deemed to be guilty of the offence and shall be punishable accordingly. 26. If any person (a) not being registered under this chapter, exhibits or trains any performing animal; or (b) being registered under the Act, exhibits or trains any performing animal with respect to which or in a manner with respect to which, he is not registered; or (c) exhibits or trains as a performing animal, any animal which is not to be used for the purpose by reason of a notification issued under clause (ii) of section 22; or (d) obstructs or wilfully delays any person or police officer referred to in section 25 in the exercise of powers under this Act as to entry and inspection; or (e) conceals any animal with a view to avoiding such inspection: or 4

5 (f) being a person registered under this Act, on being duly required in pursuance of this Act to produce his certificate under this Act, fails without reasonable excuse so to do; or (g) applies to be registered under this Act when not entitled to be so registered, He shall be punishable on conviction with fine which may extend to five hundred rupees or with imprisonment which may extend to three months, or with both. 31. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (5 of 1898) an offence punishable under clause (1) or clause (n) or clause (o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of that code. 38. (1) * * * * (3) If any person contravenes, or abets the contravention of, any rules made under this section, he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both. Cognizability of offences. Power to make rules.

LOK SABHA A BILL further to amend the Prevention of Cruelty to Animals Act, 1960. (Shrimati Poonam Mahajan, M.P.) GMGIPMRND 33LS(S3) 25-04-2016.