Saturday 5 March 2022

Section 1 of PCAA

Vande Matram friends! Welcome to the series on Animal Welfare in India. I am feeling proud of myself for presenting this series in front of you and I pray to Thy Almighty that I can share a maximum of information in this regard with you!

Those who want justice must knock on the doors of Courts!

Here is a brief introduction to the specific law which deals with cruelty to animals. This law is very helpful for the prevention of cruelty towards animals. But we need to implement this in a precise manner. So that no animal shall become the victim of cruelty. The animal lovers must know the provisions of the said Act. Those who want justice must knock on the doors of Courts. And there is a procedure to get justice.

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

This was Act no. 59 of 1960. It was passed by the Parliament of India. The Act was enacted on 26th December 1960.

Amendments by Central Act 26 of 1982 are also discussed in this series. Also, a 2021 Bill for amendment of this Act is discussed as and when needed.

It has six chapters I) Preliminary, II) Animal Welfare Board of India, III) Cruelty to animals generally, IV) Experimentation of animals, V) Performing animals, and VI) Miscellaneous

It is an Act to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals.

As the long title suggests, this act provides for

a) prevention of the infliction of unnecessary pain or suffering on animals by various acts of human beings in general such as circus performing, animals performing in Cinemas, experiments on animals, and others.

b) amendment of the law relating to the prevention of cruelty towards the animals.

CHAPTER I: PRELIMINARY

1. Short title, extent and commencement:

(1) This Act may be called the Prevention of Cruelty to Animals Act, 1960.

For short this Act is called the Prevention of Cruelty to Animals Act, 1960. In the whole series, we will refer to it as PCAA.

(2) It extends to the whole of India except the State of Jammu and Kashmir. ,

All the provisions of this Act are applicable to the whole of India except the State of Jammu and Kashmir, because of the enactment of Article 35A and 370 in the State of Jammu and Kashmir. After 2019 when Articles 35A and 370 were revoked by the Centre Government of India, provisions of this Act were also enacted in this area. Now, these words ‘except the State of Jammu and Kashmir’ are omitted by the Jammu and Kashmir Reorganisation Act, 2019.

(3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint, and different dates may be appointed for different States and for the different provisions contained in this Act.

In fact, in various States, this Act was enacted on different dates.

(i) Came into force on 1-4-1961 for the State of Punjab and the Union territory of the Andaman and Nicobar Islands; vide S.O. 823, dated 1-4-1961, see Gazette of India, Pt. II, Sec. 3 (ii), p. 806 and in the State of Sikkim on 1-3-1993. tc" 1. Came into force on 1-4-1961 for the State of Punjab and the Union territory of the Andaman and Nicobar Islands; vide S.O. 823, dated 1-4-1961, see Gazette of India, Pt. II, Sec. 3 (ii), p. 806 and in the State of Sikkim on 1-3-1993.

Subsection (3) of Section 1 allows the Government of India to enact the said Act completely or partially to different States and Union Territories on different dates.

Note: Part in Red is reproduced as it is from the Bare Act.

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