Prevention of Cruelty to Animals Act, 1960
38. Power to make rules. -
(1) The Central Government may, by notification in the official Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for all or any of the following matters, namely:-
(a) the terms and conditions of service of members of the Board, the allowances payable to them and the manner in which they may exercise their power and discharge their functions;
(b) the maximum load (including any load occasioned by the weight of passengers ) to be carried or drawn by any animal;
(c) the conditions to be observed for preventing the over crowding of animals;
(d) the period during which, and the hours between which, any class of animals shall not be used for draught purposes;
(e) prohibiting the use of any bit or harness involving cruelty to animals;
(f) requiring persons carrying on the business of a farrier to be licensed and registered by such authority as may be prescribed and levying a fee for the purpose;
(g) the precautions to be taken in the capture of animals for purpose of sale, export or for any other purpose, and the different appliances or devices that may alone be used for the purpose; and the licensing of such capture and the levying of fees for such licenses
(h) the precautions to be taken in the transport of animals, whether by rail, road, inland waterway, sea or air and the manner in which and the cages or other receptacles in which they may be so transported
(i) requiring persons owning or in charge of premises in which animals are kept or milked to register such premises, to comply with such conditions as may be laid down in relation to the boundary walls or surrounding if such premises, to permit their inspection for the purpose of ascertaining whether any offence under this Act is being, or has been, committed therein and to expose in such premises copies of section 12 in a language or language commonly understood in the locality;
(j) the form in which applications for registration under Chapter V may be made, the particulars to be contained therein, the fees payable for such registration and the authorities to whom such applications may be made;
(k) the purpose to which fines realized under this Act may by applied, including such purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals;
(l) any other matter which has to be, or may be, prescribed.
(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.
(4) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may, be, so however that such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.