MEVBTRY OF CUITURE

NOTIFICATION

New Deify the 24th December, 2001

S.0.1256(E).— Whereas the draft Animal Birth Control

(Dogs) Rules, 2001 were published, as required under the sub-section (1) of

section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960),

vide Ministry of Culture notification number G.S.R.816(E) dated November

2, 2001 in the Gazette of India, Extraordinary, Part n, Section 3, sub-section

(i) dated November 2, 2001 and whereas objections and suggestions from all

persons likely to be affected thereby were invited before the expiry of 30

days from the date on which copies of the gazette containing the said

notification have been made available to the public;

And whereas copies of the said Gazette were made available to the

public on November 2, 2001;

And whereas the objections/suggestions received from the public

have been incorporated in the rules.

Now, therefore, in exercise of the powers conferred by the sub-

sections (1) and (2) of section 38 of the Prevention of Cruelty to Animals

Act, 1960 (59 of 1960), the Central Government hereby makes the following

rules, namely: -

1 •

Short title and commencement:- (1) These rules may be called the

Animal Birth Control (Dogs) Rules, 2001

(2)

They shall come into force on the date of their final

publication in the Official Gazette.

Definition:-

In these rules, unless the context otherwise requires, —

(a)

"Act" means the Prevention of Cruelty to Animals Act, 1960

(b)

"Animal Wel&re Organisation" means and includes the

Society for Prevention of Cruelty to Animals and any other

wel&re organization for animals which is registered under the

Societies Registration Act of 1860 (21 of 1860) or any other

THE GAZETTE OF INDIA: EXTRAORDINARY

IPART II—SEC -.3(101

corresponding law for the time being in force and which is

recognized by the Animal Welfare Board of India;

(c)

"Board" means the Animal Welfare Board of India, established

under section 4 and as reconstituted under Section 5 A of the

Act;

(d)

"Committee" means a committee appointed under these rules

(e)

"local authority" means a municipal committee, district board

or other authority for the time being invested by law with the

control and administration of any matters within a specified

local area;

(f)

"Owner" means the owner of an animal and includes any other

person in possession or custody of such animal whether with or

without the consent of the owner;

(g) "veterinary doctor" means a person who holds a degree of a

recognized veterinary college and is registered with the Indian

Veterinary Council.

Classification of dogs and their Sterilization,-

(1) All dogs shall

be classified in one of the following two categories (i) pet dogs, (ii)

street dogs.

(2)

The owner of pet dogs shall beresponsible for the controlled

breeding, immunization, sterilization and licensing in

accordance with these rules and the law for the time being in

force within a specified local area

(3)

The street dogs shall be sterilized and immunized by

participation

of animal welfare

organizations, private

individuals and the local authority.

Formation of Committee.- A monitoring committee consisting of

the following persons shall be constituted by the local authority,

namely:-

(a)

Commissioner/Chief of the local authority, who shall be the

ex-officio Chairman of the Committee;

(b)

A representative of the Public Health Department of the local

authority;

(c)

A representative of the Animal Welfare Department if any of

the local authority;

(d)

A veterinary doctor;

(e)

A representative of the district Society for Prevention of

Cruelty to Animals (SPCA);

(f)

At least two representatives from the Animal Welfare

Organizations operating within the said local authority.

Functions of the Committee.-

The committee constituted under

rule 4 shall be responsible for planning and management of dog

control programme in accordance with these rules. The Committee

may,-

(a)

issue instructions for catching, transportation, sheltering,

sterilisation, vaccination, treatment and release of sterilized,

vaccinated or treated dogs;

(b)

authorize veterinary doctor to decide on case to case basis the

need to put to sleep critically ill or fatally injured or rabid dogs

in a painless method by using sodium pentathoL Any other

method is strictly prohibited;

(c)

create public awareness, solicit co-operation and funding;

(d)

provide guidelines to pet dog owners and commercial breeders

from time to time;

(ej

Get a survey done

of the number of street dogs by an

independent agency.

(f)

Take such steps for monitoring the dog bite cases to ascertain

the reasons of dog bite, the area where it took place and

whether it was from a stray or a pet dog.

(g)

keep a watch on the national and international developments in

the field of research pertaining to street dogs' control and

management, development of vaccines and cost effective

methods of sterilization, vaccination, etc.

Obligations of the local authority: (1) The local authority shall

provide for-

(a)

establishment of a sufficient number of dog pounds including

animal kennels/shelters which may be managed by animal

welfare organizations;

(b)

requisite number of dog vans with ramps for the capture and

transportation of street dogs;

(c)

One driver and two trained dog catchers to be provided for

each dog van;

(d)

an ambulance cum clinical van to be provided as mobile

center for sterilization and immunization;

(e)

incinerators to be installed by the local authority for disposal

of carcasses.

(f)

Periodic repair of shelter or pound.

(2)

If ihe Municipal Corporation or the local authority thinks it

expedient to control street dog population, it shall be incumbent upon

them to sterilize and immunize Street Dogs with the participation of

THE GAZETTE OF INDIA .EXTRAORDINARY

[PART II—SEC. 3(ii)l

animal welfare organizations, private individuals and the local

authority.

(3)

The animal welfare organizations shall be reimbursed the

expenses of sterilization/immunization at a rate to be fixed by

the Committee on fortnightly basis based on the number of

sterilization/immunization done.

Capturing/sterilization/immunization/release:

(1) Capturing of

dogs shall be based on:

(a)

Specific complaints (for which the local authority in

consultation with the Monitoring Committee shall set up a dog

control cell to receive complaints about dog nuisance, dog

bites and information about rabid dogs) and

(b)

General-

(i)

On receipt of specific complaint about nuisance or dog

bite the same shall be attended on priority basis,

irrespective of the area from which the complaint

comes. On receipt of such complaint the details such

as name of the complainant, his complete address, date

and time of complaint, nature of complaint etc. shall be

recorded in a register to be maintained for permanent

record.

(ii)

Capturing for general purpose will be on such dates

and time to be specified by the Committee.

(2)

The dog capturing squad shall consist of:

(i)

The driver of the dog van

(ii)

Two or more trained employees of the local authority

who are trained in capturing of dogs,

(iii)

One representative of any of the animal welfare

organization.

Each member of the dog squad shall carry, a valid identity card issued

by the local authority. The dog capturing squad will be accompanied

by a representative of an Animal Welfare Organisation nominated for

the purpose.

(3)

On receipt of specific complaint or for capturing dogs in

normal course the dog squad will visit the concerned area, capture the

dogs identified by the complainant in case of complaint-oriented

capturing and other dogs in case of general capturing. All the dogs

caught will be tagged for identification purposes and to ensure that the

dogs are released in the same area after sterilization and vaccination.

Only stipulated number of dogs, according to the Animal Birth

Control Program target, shall be caught by the van. A record of dogs

captured shall be maintained in a register; mentioning therein the

name of the area/locality, date and time of capture, names of persons

in the dogs squad on that particular day and details about dogs

captured such as number of male dogs, number of female dogs,

number of puppies etc.

(4)

The dogs shall be captured by using humane methods such as

lassoing or soft-loop animal catchers such as those prescribed under

the provisions of Prevention of Cruelty (Capture of Animals) Rules,

1979.

(5)

While the dogs are being captured in any locality the

representative of the local authority or of the animal welfare

organization accompanying the dog squad will make announcements

on a public address system that dogs are being captured from the area

for the purpose of sterilization and immunization and will be released

in the same area after sterilization and immunization. The

announcement may also briefly educate the residents of the area about

the dog control programme and solicit the support of all the residents

reassuring them that the local authority is taking adequate steps for

their safely.

(6)

The captured dogs shall be brought to the dog kennels/dog

pounds managed by the Animal Welfare Organisations (AWOs). On

reaching the dog pounds all the dogs shall be examined by the

veterinarians and healthy and sick dogs should be segregated. Sick

dogs should be given proper treatment in the hospitals run by Society

for Prevention of Cruelty to Animals (SPCA)/other institutions and

only after they are treated they should be sterilized and vaccinated.

The dogs will be sterilized/vaccinated under the supervision of the

veterinarians of the hospital run by the Society for Prevention of

Cruelty to Animals (SPCA), Animal Welfare Organisation or other

dog shelters. After necessary period of follow up, the dogs shall be

released at the same place or locality from where they were captured

and the date, time and place of their release shall be recorded. The

representative of Animal Welfare Organisations (AWOs) shall

accompany the dog squad at the time of release also.

(7)

At a time only one lot of dogs shall be brought for

sterilization, immunization at one dog kennel or dog pound and these

dogs shall be from one locality. Two lots from different areas or

localities shall not be mixed at the same dog pound or dog kennel.

(8)

The dog kennel must have sufficient space for proper housing

and free movement of dogs. The place should have proper ventilation

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SEC. 3 (ii)]

and natural lighting and must be kept clean. Adults and puppies must

be housed separately and amongst the adults the males and females

also should be housed separately. Adequate arrangement for drinking

water and food shall be made for dogs while in captivity.

(9) Female dogs found to be pregnant shall not undergo abortion

(irrespective of stage of pregnancy ) and sterilization and should be

released till they have the litter.

Identification and Recording: Sterilized dogs shall be vaccinated

before release and the ears of these dogs should either be clipped

and/or tattooed for being identified as sterilized or immunised dogs.

In addition, the dogs may be given token or nylon collars for

identification and detailed records of such dogs shall be maintained.

Branding of dogs would not be permitted.

Euthanasia of Street Dogs: Incurably ill and mortally wounded

dogs as diagnosed by a qualified veterinarian appointed by the

committee shall be euthanised during specified hours in a humane

manner by administering sodium pentathol for adult dogs and

Thiopental Introperitoneal for puppies by a qualified veterinarian or

euthanised in any other humane manner approved by Animal Welfare

Board of India. No dog shall be euthanised in the presence of another

dog. The person responsible for euthanising shall make sure that the

animal is dead, before disposal.

10.

Furious or dumb rabid dogs:

(1) On the receipt of complaints

from the public to the Dog Control Cell of the Local Authority or on

its own, the dog squad of the Local Authority would catch such dogs,

suspected to be rabid.

(2)

The caught dog would then be taken to the pound where it

would be isolated in an isolation ward.

(3)

The suspected rabid dog would then be subjected to inspection

by a panel of two persons i.e.

(i)

a veterinarian surgeon appointed by the Local

Authority and

(ii)

a representative from an Animal Welfare Organisation

(4)

If the dog is found to have a high probability of having rabies

it would be isolated till it dies a natural death. Death normally

occurs within 10 days of contracting rabies.

Premature

killings of suspected rabid dogs therefore prevents the true

incidence of rabies from being known and appropriate action

being taken.

(5) If the dog is found not to have rabies but some other disease it

would be handed over to the AWOs who will take the necessary

action to cure and rehabilitate the dog.

11.

Disposal of Carcasses.-

The carcasses of such euthanised dogs

shall be disposed of in an incinerator to be provided by the local

authority.

12.

Guidelines for breeders.-

(i)

A breeder must be registered with Animal Welfare Board of

India,

(ii)

Breeder must maintain full record of the number of pups

born/died from individuals bitches,

(iii)

Breeder must maintain record of the person buying the pups. He

should ensure that the buyer has the required knowledge for the

upkeep of the pups

13.

Application of rules where local bye-laws etc., exist - If there is in

force in any area to which these rules extend, any Act, rule, regulation

or bye-law made under any law for the time being in force by the

State or the Local Authority in respect of any of the matters for which

provision is made in these rules, such rule, regulation or bye-law shall

to the extent to which -

(a) it contains provisions less irksome to the animal than those

contained in these rules, shall prevail;

(b) it contains provisions more irksome to the animal than those;

contained in these rules, be of no effect

[No.F. M/2001-AWD]

K. N. SHRIVASTAVA, Jt. Secy.

Printed by the Manager, Govl. of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.