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NOTIFICATION

New Delhi, the 26" March, 2001

S.O. 267 (E). - Whereas the draft Performing Animals (Registration) Rules, 2000 were published, as required by sub-section (1) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), under the
notification of the Government of lndia in the Ministry of Social Justice and Empowerment number S.O. 1162 (E) dated the 26th December 2000 in the Gazette of India. Extraordinary, Part II, Section 3, Sub Section (ii) dated the
27Ih December, 2000 inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which copies of the Gazette containing the said notification are made available to the public :

And, whereas, copies of the said Gazette were made available to the public on the IS' January, 2001;

And, whereas no objection or suggestion has been received from the public in respect of the said draft rules by the Central Government;

Now, therefore, in exercise of the powers conferred by 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 Performing Animals (Registration) Rules, 2WI.

(2) They shall come into face on the date of their publication in the Official Gazelte.

2. Definikions : In these rules unless the context otherwise requires -
(a) "Act" means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);

(b) "Boardn means the Animal Welfare Board of India, established under section 4 and as reconstituted ftoh time to time under section 5A of the Act;

(c) "filmw means a cinematograph film as defined in the Cinematograph Act of 1952 (37 of 1952);

(d) "fitness certificatew means a certificate granted by a veterinary doctor to be nominated by theprescribed authority certifying the health and fitness
of the animal;
(e) "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;

(9 "ownership certificate" means a certificate granted under section 42 of the Wildlife (Protection) Act 1972 (53 of 1972);

(g) "prescribed authority" means the Board or such other authority or officer as may be authorised by the' Board;

(h) "performing animal" means an animal which is used at or for the purpose of any entertainment including a film or an equine event to which the public are admitted;
(i) "schedule" means a Schedule appended to these rules;
(j) "veterinary doctor" means a person registered with the Veterinary Council of lndia established under the Indian Veterinary Council Act, 1984 (52 of 1984)

3. Application of registration :
(1) Any person desirous of training or exhibiting a performing animal shall, within thirty days from the commencement of these rules, apply for registration to the prescribed authority and shall not exhibit or train any animal as a performing animal without being registered under these rules.

(2) Any person desirous of exhibiting or training any performing animal shall apply for registration in the form of application set out in the First Schedule.

(3) Every such application shall be made to the prescribed authority.

4. Fee and registration : Every application for registration shall be accompanied by a fee of Rupees five hundred which may be paid either in cash or in such other manner as may be specified by the Board for this
purpose.

5. Power to call for additional information :
(1 ) The prescribed authority may call for such additional records and information as it may deem fit from the applicant in respect of the particulars furnished by it.

(2) If the prescribed authority is satisfied about the proposed performance and the method to be adopted for the training of such animals by the applicant it may grant registration.

(3) The prescribed authority while granting registration may impose such other conditions, as it may deem appropriate for the training and upkeep of such performing animals.

6. Form of certificate of registration :
(1) The certificate of registration shall be issued by the . prescribed authority in the form set out in the Second Schedule.

(2) Every registration shall be given a serial number in a order in which it is made, and it shall be indicated in the certificate of registration.

7. Prior information for use of performing animals in
films : -

(1) Every owner desirous of hiringout or lending a performing animal in the making of a film shall give prior information in the format as specified by the
prescribed authority for this purpose to specifying the kind of animal, age of animal, physical health of the animal, the nature of performance to be done by the animal, the duration for which the animal shall be used Li such performance, the duration and method of training of the animal for such performance and justification for the use of such animals in the film and such other information as may be required by that authoritv.

(2) Every such application shall be accompanied by a fitness certificate issued by a veterinary doctor certifying the health and fitness of the animal along
with a ownership certificate in case of animals covered under the wildlife (Protection) Act, 1972 (53 of 1972)

8. General conditions for registration
(1) The prescribed authority while granting registration may impose such terms and conditions as it deems appropriate and shall impose the following conditions in granting registration, namely :
i. every owner who has ten or more such performing animals shall have a veterinarian as a regular employee for their care treatment and transport.

ii. the owner shall not transport such animals by road continuously for more than 8 hours and except in cages admeasuring as specified in the Fifth
Schedule;

iv. the owner after transportation shall provide feeding and retiring enclosures in respect of the animals specified in the Sixth Schedule;

v. the owner shall ensure that any animal is not inflicted unnecessary pain or suffering before or during or after its training or exhibition;

vi. the owner shall not deprive the animal of feed or water in order to compel the said animal to train or perform any trick;

vii. the owner shall train an animal as a performing animal to perform an act in accordance with its basic natural instinct;

viii. the owner shali not make a performing animal perform if it is sick or injured or pregnant;

ix. the owner shall ensure that no sudden loud noise is deliberately created within the vicinity of any performing animal or bring an animal close to fire,
which may frighten the animal;

x. the owner in case the performing animal is to be exhibited under artificial light, the overall intensity of such light shall nd be more than 500 LUX;

xi. the owner shall not subject the animals to any action which may either kill or injure or use the animal in scenes which may cause injury to the animals;

xii. the owner shall not use any tripping device or wires or pitfalls for such animals;
xiii. the owner shall not expose any animal to either burning fire or to fire accidents;
xb. the owner shall not keep any animal including horses in close proximity while shooting scenes involving explosives or other loud noises; w. the owner shall ensure that props such as smars, nails splinters, barbed wires and other such props shall not cause injury to-the animals during the performance;

xvi. the owner shall ensure that the equines are not made to walk on hard surfaces without being shoed and shall further ensure that the animals are not
used in downhill slides or rodeo slide stops without proper skid and hock boots;
xvii.the owner of any equine shall not use any whip other than an air cushioned shock absorbing whip which has been scientifically tested to prove that it will not cause weals, bruising or other damage to the horse and subject to the conditions that (a) the whip shall not have raised binding, stitching,
seam or flap. (b) the whip shall be used by licensed jockeys only. (c) the owner shall also ensure that the whip is not used other than either on the
quarters in either the forehand or the backhand

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