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GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (ANIMAL HUSBANDRY)

(G.O. Ms. No. 06/AH., Puducherry, dated 26th August 2020)

NOTIFICATION

Whereas, the Hon’ble Supreme Court of India by Order, dated 06-08-2008

in W.P. (Civil) No(s). 440 of 2000 in the matter of Geeta Seshamal Vs. Union of India

and one other directed the States to constitute State Animal Welfare Board and to

see that the Society for Prevention of Cruelty to Animals (SPCAs) be constituted

in every District as contemplated under the rules;

And whereas, the Ministry of Home Affairs, Government of India, New Delhi

vide letter, dated 25th March, 2011 directed to constitute State Animal Welfare Board

and to establish Society in every District in the State, for Prevention of Cruelty to

Animals;

Registered with the Registrar

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No.

154

Poudouchéry

Mercredi

Octobre

2020 (6 Kartika 1942)

No.

Puducherry

Wednesday

28th

October

2020

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Now, therefore, as per S.O. No. 1279 of Ministry of Home Affairs, New Delhi,

dated the 1st April 1967 and in pursuance of clause(1) of Article 239 of the Constitution,

the President subject to his control and until further orders has delegated the

powers and functions of the State Government under the Prevention of Cruelty to

Animals Act, 1960(59 of 1960) and the rules made thereunder to the Administrator

of every Union Territory within his/her jurisdiction, the Lieutenant-Governor of

Puducherry is hereby pleased to reconstitute a Society for Prevention of Cruelty

to Animals (SPCAs) in Puducherry District in the name of “Puducherry Society for

Prevention of Cruelty to Animals (PSPCAs), Puducherry” with the jurisdiction of

entire Puducherry District and also with the coverage of Mahe and Yanam regions

in the Union territory of Puducherry as follows:-

SOCIETY FOR PREVENTION OF CRUELTY TO ANIMALS

MEMORANDUM OF THE SOCIETY

The Puducherry Society for Prevention of Cruelty to Animals Act (PSPCAs)

is established in terms of the Prevention of Cruelty to Animals (Establishment and

Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001 for the

welfare and protection of animals and to implement the provision of the Prevention

of Cruelty to Animals Act, 1960 and the rules made thereunder.

1. Name of the Society

: Puducherry Society for Prevention of

Cruelty to Animals (PSPCAs), Puducherry.

2. Address of the Society

: The Address of the Society shall be

decided by the Chairman-cum-District

Collector, Puducherry.

3. Jurisdiction

: The jurisdiction of the Society shall cover

the entire Puducherry District including

Mahe and Yanam regions.

4. Objectives of the Society shall be as under:

(a) Promotion of animal welfare generally for the purpose of prevention

of cruelty and for protecting animals from being subjected to unnecessary pain or

suffering, in particular to maximum possible extent;

(b) establishing or encouraging the establishment of animal shelters,

water trough, pinjarapoles and the like for providing shelters and amenities to

animals incapacities for work, etc., by reason of old age, sickness or injure;

establishing Veterinary Dispensaries, Veterinary Hospitals, animal clinics and

animal ambulance and such other means;

(d) imparting education in relation to the humane treatment of animal,

build empathy towards animals, encouraging the formation of public opinion against

the infliction of pain and suffering to animals, and for the promotion of animal

welfare by means of lectures, books, posters, film shows, exhibitions and the like;

(e) coordinating its work with the State and District Departments

concerned with animal welfare and with the Animal Welfare Board of India (AWBI)

and with the registered Animal Welfare Organizations (AWO’s) of the District;

(f) Animal Birth Control (ABC) for dogs, cats and any other animals as

may be required;

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(g) employing of paid staff to watch, warn or prosecute, as required, all

persons guilty of cruelty to animals; and

(h) to take all measures and steps as may be required for the above

objects.

5. Constitution of Management Committee in Puducherry District

including Mahe and Yanam regions:

(a) The Management Committee of the Society for Puducherry District

shall consist of the following persons:

(i)

District Collector, Puducherry.

. . Chairperson

(ii)

Senior Superintendent of Police . . Vice-Chairperson (1)

(L&O), Puducherry

(iii)

Non-Official Member to be

. . Vice-Chairperson (2)

nominated by the Management

Committee among its Members.

(iv)

Regional Administrator, Mahe.

(v)

Regional Administrator, Yanam.

(vi)

Additional District Magistrate,

Puducherry.

(vii)

One representative of Animal

. . Director,

Husbandry Department.

(Animal Husbandry).

(viii)

Commissioner of Municipality,

Puducherry.

(ix)

One person from concerned

. . Nil

Gauseva Aayog, if any.

(x)

District Veterinary Officer

. . Veterinary Medical Officer

(Pondicherry Municipality)

(xi)

District Panchayat Officer

. . Nil

(xii)

District Education Officer

. . Chief Educational Officer,

Puducherry.

(xiii)

District Transport Officer

. . Transport Commissioner,

Puducherry.

(xiv)

District Public Relation Officer

. . Director of Information and

Publicity, Puducherry.

(xv)

Two persons of the District from recognized Gaushalas/

Pinjarapoles/Animal Welfare Organizations from Gauseva Aayog

nominated by the Management Committee (to be nominated after

elections).

(xvi)

One representative of the State Animal Welfare Board from the

District to be nominated by State Animal Welfare Board (after

reconstitution of State Animal Welfare Board).

(xvii)

Two prominent persons concerned with animal welfare from the

District to be nominated by the Management Committee (to be

nominated after constitution of Management Committee).

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(xviii)

Two persons from the District representing the Animal Welfare

Board of India, to be nominated by the Board. And

(xix)

Two persons among its Members each from its ordinary and life

Members to be nominated by the General Body in the Annual

General Meeting of the Society each year.

(b) The Management Committee may nominate its Member-Secretary,

Joint Secretary, Treasurer, etc., as per its requirement.

and Veterinary Assistant Surgeon, Puducherry, may be given the responsibilities

of the Secretary and Joint Secretary, respectively.

BYE-LAWS OF THE SOCIETY

1. Name of the Society

: Puducherry Society for Prevention of

Cruelty to Animals (PSPCA), Puducherry.

2. Address of the Society

: The Address of the Society shall be

decided by the Chairman-cum-District

Collector, Puducherry.

3. The Society will not interfere/participate in the activities of any political

party. The function of the Society will be independent and self-autonomous.

4. The Society will not enter into any communicable activities and will

develop the unity among all the members.

5. The Society will create awareness among the public to protect the nature

and to improve it by planting trees, etc., and surrounding to be made comfortable

for nourishment for animals in vicinity.

6. Admission of Member:

A. Their Qualifications and other Conditions thereto:

(a)

Men and women, who are animal lover and above the age of 18

would be eligible to be enrolled as member of the Society in the

Puducherry District.

(b)

All the members shall abide by the Bye-laws of the Society for

achieving its objectives as specified in the Memorandum.

Members shall be admitted on written application in the

prescribed Form.

(c)

Members of the Society shall not be involved in any political

party or in its activities.

(d)

Members of the Society shall not be involved in any criminal

activities.

(e)

During Society Meetings, the members shall not participate in

drunken state or under the influence of any other narcotic or

psychedelic substance.

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B. Details of Entrance Fees/Subscriptions

Classes of Members:

The Society shall consist of two classes of members:

(a) Ordinary Members: All persons who pay an admission fees

of ` 100 and an Annual Membership fees of ` 200 (Rupees two

hundred only) to the Society shall be ordinary member thereof and

shall have a right to vote at the meetings of the Society provided

they have been its member for not less than one year on the date of

such meeting. Annual Membership fees shall become due on 01st April

of each year.

(b) Life Members: A person may become Life Member of the

Society by paying a sum of ` 10,000. Distinguished persons who have

done extensive notable work and shown compassion towards animals

may be chosen as Life Members without donating any amount as

decided in the Management Committee of the Society.

C. Procedure for Removal and Circumstances under which a Member

shall be Removed

The Management Committee of the Society reserves full powers for

removing any member who are working against the objectives and

by-laws of the Society. Members shall be removed who are not paying

their annual membership fees on or before 30th June of every year.

D. Re-admission of Removed Members

Members who have not paid their annual subscription before 30th June

when removed shall be re-admitted on their written application and

payment of admission fees and all previous dues of annual membership

fees as decided by the Management Committee.

E. Rights and Benefits of the Members

Every member has the right to participate in the Annual General

Meeting and other Extraordinary Meeting of the Society.

7. Management Committee:

(a) The Members of the Management Committee shall be nominated on

a purely honorary basis and will not draw any salary from the fund of the Society,

and the Office of the Members of the Management Committee of the Society shall

not an office of profit.

(b) The term of Office of the Management Committee shall be 3 years or

till the period of New Management Committee is elected/constituted/established.

continuing maximum for a period of six years (2 times) in the post. He cannot contest

for the third time unless a gap of a period of one term of the Management Committee

lapses.

(d) The Management Committee shall review the activities of the Society

in its meeting.

(e) The Management Committee shall meet at least once in six months.

Notice of the meeting specifying date, time and place shall be sent to the members

along with agenda before seven days of the meeting by the Secretary. The meeting

shall be held normally at its registered office unless otherwise directed by the

Chairperson, but, within the District.

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(f) Special Meetings of the Management Committee may be convened

by the Secretary when so directed by the Chairperson or on the requisition of at

least five Members of the Management Committee specifying the objectives of the

meeting at least 14 days prior to the meeting.

(g) The quorum of the meeting shall be one-third of the Members of

the Management Committee.

(h) A Member of the Management Committee of the Society shall be

removed from the Management Committee in the following situations if, he/she–

(i)

absent from the three consecutive meetings of the Board

without the leave of the Board; or

(ii)

has been adjudged an insolvent; or

(iii)

has been convicted of an offense involving moral turpitude; or

(iv)

has become physically or mentally incapable of acting as such

Member.

Provided no person shall be removed from office as a Member except

after being given an opportunity of showing cause against such removal.

(i) If, the Chairperson absent from a meeting of the Management

Committee of the Society, the Vice-Chairperson (official) shall be the Chairperson

and in his/her absence, the Vice-Chairpersons (non-official) shall be the Chairperson

of that meeting. In the absence of the Chairperson and Vice-Chairpersons, the

Members themselves may nominate a Chairperson among themselves for that

meeting.

8. Annual General Meeting:

(a) The Society shall in each year hold in addition to any other meeting,

a general meeting as its Annual General Meeting and not more than fifteen months

shall elapse between the rate of one Annual General Meeting of the Society and

that of the next.

Provided that in case of the Annual General Meeting, it shall be held

within a period of six months, from the date of closing of the financial year.

(b) In the Annual General Meeting, the Secretary shall submit the annual

report and the yearly accounts of the Society of the preceding financial year and

the budget for the next financial year for the approval of the General Body of the

Society.

vote on any items of the Agenda in the Annual General Meeting.

(d) The Society shall have a General Body which shall consist of

Members of the Management Committee, Annual members and Life members.

Each member shall have one vote.

(e) Notice of the Annual General Meeting and Extraordinary meeting

specifying date, time and place shall be sent to the members along with agenda

before fourteen days of the Meeting by the Secretary. The meeting shall be held

normally at its registered office unless otherwise directed by the Chairperson, but,

within the District.

(f) The quorum of the Meeting shall be minimum one-third of the

members of the General Body or minimum 10 members whichever is less.

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9. Extraordinary General Meeting.

The Society may call its Extraordinary General Meeting of its General

Body as and when ordered by the Chairperson or on the requisition of minimum

ten members of the General Body in writing. The rule of the Annual General Meeting

shall apply to this meeting mutatis mutandis.

10. Allowances and remuneration:

(a) No remuneration shall be paid to any Member of the Management

Committee of the Society on account of his/her services as such.

(b) A Member of the Management Committee of the Society who is not

an official shall be entitled to draw reimbursement in respect of any journey

performed for the purpose of attending a meeting of the Society or of a Committee

or Sub-committee thereof to which he/she is nominated as a representative of the

Society or any other journey in connection with the work of the Society undertaken

under the direction of the Chairperson.

official shall be entitled to draw, in the circumstances mentioned under sub-rule(b),

travelling and daily allowance in accordance with the rules applicable.

(d) where a person who is not official or a member is asked by the

Chairperson of the Society to perform any journey for the purpose of attending

a meeting of the Society or of a Committee or Sub-committee thereof or any other

journey in connection with the work of the Board he/she shall in respect of such

journey be entitled to the payment of travelling, conveyance, boarding, lodging

allowance or daily allowance at the rates specified.

11. In all the meetings of the Society, the Chairperson shall have a casting

vote in case of equality of numbers.

12. Powers and duties of the Chairperson:

(a) The Chairperson shall preside over all the Management Committee,

Annual General Meeting, Extraordinary General Meeting, Special Meeting, Executive

Committee Meetings.

(b) The Chairperson shall be unbiased and let the process of decision

making take its own course and final ruling shall be given by him/her in accordance

with vote’s casted.

meeting is over.

(d) The Chairperson shall ascertain the sense of the meeting by giving

equal opportunity to all concerned who wish to express their views.

13. Powers and duties for the Vice-Chairperson:

The Vice-Chairperson shall act as the Chairperson, in the absence of

the Chairperson whenever such contingency arises. On such occasions, he/she can

exercise all the powers of the Chairperson.

14. Powers and duties of the Secretary:

The Secretary shall work under the general control and supervision of

the Chairperson and shall be responsible for:

(a)

convening the meetings as per the directions of the Chairperson;

(b)

drafting the notice, agenda, resolution, etc.;

(c)

preparing the minutes of the meeting;

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(d)

preparing and filing all statutory returns, documents;

(e)

conducting all correspondence of the Society and to ensure safe

custody of all the books, documents and other records;

(f)

maintain all records as required under the bye-laws;

(g)

sign and authenticate the annual and audited accounts of the

Society;

(h)

make payments as authorized by the Executive Committee;

(i)

may represent the Society in any Court proceedings; and

(j)

follow all the directions of the Management Committee given

from time to time.

15. Funds of the Society:

The funds of the Society shall consist of grants made to it by the State

Government which shall commensurate with the functions that it is required to

perform. Any other grants, contributions, bequests, donations, gifts and the like

made to the Society, shall also constitute its funds. The Society shall have discretion

to utilize its funds for the performance of its functions as decided by the

Management Committee.

16. Committees of the Society:

The Managing Committee of the Society may establish such Committees

including Executive Committee for taking emergency decisions on urgent basis as

it may deem necessary from time to time for the achievement of its objectives. The

Members of such Committees shall be selected from the General Body of the Society.

17. The Society shall submit its yearly and other periodical activity report

to the concerned State Animal Welfare Board and Animal Welfare Board of India

incorporation therein the activities undertaken by it for the welfare of animals and

the steps or measures taken by it to implement various provisions of the Prevention

of Cruelty to Animals Act and the Rules made thereunder within thirty days from

the date of its Annual General Meeting.

18. The accounts of the receipt and expenditure of the Society with respect

to each financial year along with Auditor’s report shall be laid at the Annual General

Meeting of the Society.

19. The Management Committee of the Society may appoint such staff

e.g., administrative, secretarial and legal as may be deemed necessary for the

efficient and smooth functioning of the Society.

20. Advisories for the Animal Welfare Board of India shall be followed by

the Society in the best interest of animal welfare.

(II) This issues with the concurrence of the Finance Department vide their

I.D.No. 295/FC/FD/F4/F3/2020-21, dated 14-07-2020.

(By order of the Lieutenant-Governor)

M. GANESAN,

Under Secretary to Government (Animal Husbandry).

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