Prevention of Cruelty to Animals Act, 1960
35. Treatment and care of animals. -
(1) The State Government may, by general or special order, appoint infirmaries for the treatment and care for animals in respect of which offences against this Act, have been committees, and may authorized the detention therein of animal pending its production before a magistrate.
(2) The magistrate before whom a prosecution for an offence against this Act, has been instituted may direct that the animal concerned shall be treated and cared for in an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, , or if the veterinary officer in charge of the area in which the animal is found or such other veterinary officer as may be authorized in this behalf by rules made under this Act certificate that it is incurable or cannot be removed without cruelty, that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate directs that it shall be sent to a pinjraple or that it shall be destroyed, be released from such place except upon a certificate of its fitness for discharge issued by the veterinary officer in charge of the area in which the infirmary is situated or such other veterinary officer as may be authorized in this behalf by rules made under this Act.
(4) The cost of transporting the animal to an infirmary or pinjrapole, and of its maintenance and treatment in an infirmary, shall be payable by the owner of the animals in accordance with a scale of rates to be prescribed by the district magistrate, or, in presidency -towns, by the commissioner of police:
(5) Any amount payable by an owner of an animal under subsection (4) may be recovered in the same manner as an arrear of land revenue.
(6) If the owner refuses or neglects to remove the animal within such time as a magistrate may specify, the magistrate may directed that the animal be sold and that the proceeds of the sale be applied to the payment of such cost.
(7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner within two months from the date of the sale, be paid to him