Bare Acts

CHAPTER IX SPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960


73. Powers with regard to offences under Act 59 of 1960.—(1) When in respect of an animal an
offence punishable under sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to
Animals Act, 1960 has been committed, or when there is a reasonable ground for suspecting that such
offence has been committed, a police officer may—
(a) take the animal to the Metropolitan Magistrate, or
(b) if the accused person so requires, take the animal to a veterinary officer specified by general
or special order by the Administrator in this behalf:
Provided that the police officer may, instead of taking the animal to a veterinary officer, take the
animal for detention in a dispensary, or in any suitable place approved by the Administrator by
general or special order and the animal shall thereupon be detained there until its production before a
Metropolitan Magistrate, or
(c) take the animal to an infirmary appointed under section 35 of the said Act for treatment and
detention therein, pending direction of a Magistrate under sub-section (2) of that section, or
(d) when the animal is in such physical condition that it cannot be taken to a veterinary officer or
a Metropolitan Magistrate, draw up a report of the condition of the animal in the presence of two or
more respectable persons describing such wound, sores, fractures, bruises, or other marks of injury as
may be found on the body of the animal:
Provided that the police officer may take the animal for detention in a dispensary or any suitable place
approved by the Administrator by general or special order and the animal shall thereupon be detained
there until its production before a Metropolitan Magistrate.
(2) Where an animal is detained in a dispensary, infirmary or other place under sub-section (1), the
animal shall be produced before a Metropolitan Magistrate with the least possible delay and in any case
within a period not exceeding three days from the date on which it was so detained.
74. Powers of Metropolitan Magistrate to return animal to person from whose possession it was
taken.—When the animal is brought before a Metropolitan Magistrate under section 73, the Magistrate
may direct the animal to be returned to the person from whose possession it was taken on such person
giving security to the satisfaction of the Metropolitan Magistrate binding himself to produce the animal
when required or may direct that the animal shall be sent for treatment and care to an infirmary and be
detained there as provided in section 35 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960)
or may make such order as he thinks fit regarding the disposal or custody or production of the animal.
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75. Veterinary officer to examine the animal.—The veterinary officer before whom an animal is
brought under section 73 shall with all convenient speed examine the same and draw up a report of such
examination and a copy of the report of such examination shall be delivered free of charge to the accused
person if he applies for it.
76. Animal to be dealt with under Act 59 of 1960.—When under section 73, a police officer takes
an animal for detention in a dispensary or infirmary or other place before its production before a
Metropolitan Magistrate or a Metropolitan Magistrate directs its further detention in an infirmary,
sub-sections (3) to (7) (both inclusive) of section 35 of the Prevention of Cruelty to Animals
Act, 1960 shall, as far as may be, apply in relation to the detention of animal (including the cost of
transport, maintenance and treatment of the animal) in the dispensary, infirmary or other place.
77. Power of police officer to unsaddle animal or to unload it.—When a police officer in good
faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be
so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose
of ascertaining whether any sore exists and, if any person refuses to do so, such police officer may
himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.
78. Arrest without warrant in case of certain offences under Act 59 of 1960.—Any police officer
may arrest, without a warrant from a Magistrate, any person committing in his presence any offence
punishable under clauses (a) to (m) (both inclusive) of sub-section (1) of section 11 of the Prevention of
Cruelly to Animals Act, 1960.
79. Provisions of Chapter to be in addition to the provisions of Act 59 of 1960.—The provisions
of this Chapter shall be in addition to, and not in derogation of, the provisions of the Prevention of
Cruelty to Animals Act, 1960. 

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