The Jammu and Kashmir Prevention of Cruelty to Animal Act, 1934

Short title, extent and commencement and savings.:-(1) This Act may be called the Prevention of Cruelty to Animals Act, 1990.

1. (2) This Act extends to the towns of Jammu and Srinagar and all lands known as unsettled and settled roads in the Jammu and Kashmir which are open to wheeled traffic.
2. (3) The rules of the towns... [text illegible/truncated]
3. (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.

Definitions.--In this Act, unless there is something repugnant to the subject or context--

1. (1) "Animal" means any domestic or captured animal;
2. (2) "Street" includes any way, road, lane, square, court, alley, passage or open space, whether a thorough-fare or not, to which the public have access.

A 3-A. Penalty for overloading--(1) If any person overloads any animal, he shall be punished with fine which may extend to [amount illegible], or with imprisonment for a term which may extend to [term illegible]. [Text regarding owner/trader/contractor truncated]

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 [amount illegible].

Penalty for performing any 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 [amount illegible] or for a term which may extend to [term illegible]. 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.

Penalty for recklessly driving animals and doing other such acts within the towns of Jammu and Srinagar and on roads to which this Act is made applicable:--Any person who in any street within the limits of the towns of Jammu and Srinagar or on the roads to which this Act is applicable commits any of the following offences, shall, on conviction by a Judicial Magistrate be liable to a fine [which may extend to one hundred] and in default of payment thereof to simple imprisonment [which may extend to three weeks], namely:--

1. (1) Any person who rides or drives any animal recklessly or [text illegible] and thereby is likely to cause cruelty to the said animal.
2. (2) Any person who wantonly or cruelly beats, [abuses] any animal.
3. (3) Any person who uses an animal or conveyance of any kind driven by animal standing harnessed longer than is required for loading or unloading or for taking up or setting down passengers and thereby is likely to cause suffering to any animal.
4. (4) Any person who frights or baits any animal.

B

7. Penalty for killing any animal in an unnecessarily cruel manner Penalty for employing unfit animal.--If any person employs in any work or labour any animal which by reason of any disease, infirmity, wound, sore or other cause is unfit to be so employed, or permits any such unfit animal in his possession or under his control to be so employed, he shall be punished with a fine or in default of payment, to simple imprisonment.

Penalty for being in possession of the skin of a goat killed with unnecessary cruelty Owner of animal to pay cost of feeding.--The cost of the feeding and treatment of the animal shall be payable by the owner of the animal according to such scale as the Veterinary or (where there is no Veterinary Hospital) the Municipal authorities may from time to time prescribe.

Procedure when owner refuses to pay cost.

A

9. Owner of animal to pay cost of feeding Owner of animal to pay cost of feeding.—The cost of the feeding and treatment of the animal shall be payable by the owner of the animal according to such scale as the Veterinary or (where there is no Veterinary hospital) the Municipal authorities may from time to time prescribe.

11.

A. Special Power of search and seizure in respect of certain offences.—If a Police Officer, not below the rank of a Sub-inspector, has reason to believe that an offence under section 7, in respect of a goat, is being or is about to be committed in any place, he may enter and search any such place in which he has reason to believe any such skin is, and may seize any such skin and any article or thing used or intended to be used in the commission of such offence.

Magistrate empowered to destroy a horse, mule or donkey suffering from a painful disease.—

1. (1) If a horse or mule or donkey is suffering from a painful, incurable or contagious disease and its sufferings are such as to justify its destruction, it shall be lawful for any Magistrate to order its destruction, if a Veterinary Officer not below the rank of Veterinary Assistant has certified in writing that such destruction is considered necessary. When any animal is destroyed in this manner, no claim for compensation will be maintainable.
2. (2) Any Police Officer who finds any horse, mule or donkey so diseased or injured or in such physical condition that it cannot, in his opinion be removed without cruelty, may, if the owner is absent or refuses to consent to the destruction of the animal, summon the nearest Veterinary officer and if the Veterinary officer certifies that the animal is so tortured to justify destruction, destroy the animal or cause it to be destroyed.

Inquiry to be made if offence reported by certain societies or individuals.—Any member of a society duly constituted for the prevention of cruelty to animals, if and when informed in the town of Jammu or Srinagar or other place to which this Act is made applicable, that an offence against this Act has been committed, may make such inquiry as he deems necessary and report the matter to a Magistrate or a Veterinary Assistant.

Protection.

Trials to be summary.—All trials for offences against this Act shall be summary.

Authorised maximum weight to be loaded on animals.—

1. (a) Pack pony to carry not more than 2 ½ maunds in weight.
2. (b) Pack bullock, to carry not more than 4 maunds.
3. (c) An ekka not to carry more than 4 passengers and 1 ½ maunds luggage.
4. (cc) A tonga drawn by one pony or horse not to carry more than four passengers excluding the driver and 1 ½ maunds luggage.
5. (d) A thonga drawn by one bullock shall not carry more than 7 maunds including the driver.
6. (n) A Rehra drawn by one horse shall not carry more than 9 maunds.
7. (o) A Rehra drawn by 2 horses shall not carry more than 16 maunds.

Appointment of Inspectors and their powers.—The Government of Jammu and Kashmir may appoint Inspectors for the purpose of carrying out the provisions of this Act. The Inspector for prevention of cruelty to animals may detain a driver of any animal which is overloaded, galled, sick or suffering from any disease or weakness making it unfit for use and forward him together with such animals to Court for prosecution, if an immediate trial is possible. If any immediate trial is not possible, the Inspector shall release the accused on a bond amounting to not more than Rs. 25 with or without sureties of a like amount to appear in a particular Court on a particular date.

Prosecution to use authority without unnecessary harassment to employers of animals Prosecution to use authority without unnecessary harassment to employers of animals.—Any officer employed to prosecute and enforce this Act shall use his authority with as little inconvenience, delay or harassment to the employers of animals or of the vehicles drawn by these animals as is reasonably possible.

Penalty for an offence under section 17.—Any such officer found guilty of annoying or interfering with the owners of any animals or other drivers or the passengers using a vehicle drawn by an animal or animals without just and sufficient cause will be liable to a fine not exceeding half month's emoluments of that officer or in default to undergo one week's simple imprisonment. Any such officer shall, on second conviction under this Act, be liable to be dismissed from his office in addition to the punishment provided under this section. Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other law for any offence made punishable by this Act or from being liable under any other law to any other higher penalty or punishment than is provided for in this Act:

Powers to frame bye-laws Powers to frame bye-laws.—The Government or any officer appointed by the Government in this behalf may frame bye-laws in consonance with the objects of this Act where and when necessary.