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To, April 16, 2018

1. The Administrative Secretary to Govt. of Delhi,
Department of Animal Husbandry, New Delhi.
2. The Director, Animal Husbandry to Govt. of Delhi.

Subject: Proper establishment of SPCA’s in Delhi at each District Headquarter: Legal Notice.

Greetings,

Kindly refer to the regular representations about the violation of section 38 of the Prevention of
Cruelty to Animals Act, 1960 read with orders passed by the Hon’ble Supreme Court of India,
besides it regular directions has been issued by the Animal Welfare Board of India.
It is confirmed that:
1. As per section 3(1) of the Prevention of Cruelty to Animals (Establishment and
Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001; Every State
Government shall by notification in the Official Gazette, establish, as soon as may be
and in any event within six months from the date of commencement of these rules, a
society for every district in the State to be the SPCA in that district. Provided that any
society for Prevention of Cruelty to Animals functioning in any district on the date of
commencement of these rules shall continue to discharge its functions till
establishment of the SPCA in that district under these rules.
2. State Advisory Board for Animal Welfare in Delhi, yet to be re-constituted after 1999.
Hence, Delhi State SPCA claimed to be functional in Delhi, whereas it should be for each District,
as per the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for
Prevention of Cruelty to Animals) Rules, 2001, so legal Notice placed upon you for immediate
establishments of the SPCA’s at each and every District Headquarters of Delhi, which should be
gazette Notified by the competent Authority, endorsing these Rules as well, within 15 days
because the facilities provided by the respondents at Delhi SPCA cum Infirmary are most
inadequate, whereas Delhi Meat Merchant Association WP (c) No. 1031 of 2013 pending.
Advance copy of the petition attached here with for immediate attention and necessary action at
your end.
Yours in Scouting’s,

Naresh Kadyan

Copy forwarded for Information to the AWBI.
Before the Hon’ble ACMM, Rohini Courts, Delhi
Naresh Kadyan, Master Trainer, AWBI / Chairman, PFA Haryana / Rep. of United
Nation affiliated International Organisation for Animal Protection : OIPA www.oipa.org
in India – Scouts and Guides for Animals www.scouts-guides4animals.com with Mrs.
Sharda Kadyan, Abhishek Kadyan, Mrs. Suman Malik Kadyan and Mrs. Sukanya
Kadyan Berwal, C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini, Delhi – 110085.
Petitioners…………….

Versus

1. Animal Welfare Board of India, NIAW campus, Sikri, Faridabad through its Secretary.
2. Delhi Animal Welfare Board through Director, Animal Husbandry.
3. Secretary, Society for Prevention of Cruelty to Animals cum Director, Animal
Husbandry.
Respondents……………
Suit for Mandatory Injection.
Respectfully showeth:
It is humbly submitted that:
1. As per article 48, every citizen of India has to work towards conservation of the
cow progeny, besides it, article 51 A (g) of Indian Constitution, defined the
fundamental duties of every citizen, to be humane and kind towards all living
creatures other than human beings.
2. W.P.(C) No. 000440 / 2000 decided by the Hon’ble Supreme Court of India,
directing the Respondents to establish the Society for Prevention of Cruelty to
Animals, whereas Animal Welfare Board of India also direct Chief Secretary to
Govt. of Delhi, to establish SPCA as per the Prevention of Cruelty to Animals
(Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules,
2001 vide their letter No. 9-1/2017-18/PCA Dated March 5, 2018.
3. State Advisory Board for Animal Welfare in Delhi, yet to be re-constituted.
4. In Delhi State, only State SPCA claimed to be functional, facilities provided by the
respondents at Delhi SPCA cum Infirmary is most inadequate, whereas it should
be establish at the head quarter of each and every District of Delhi State.
5. Section 3 of the Prevention of Cruelty to Animals Act, 1960, clarifies the
responsibilities of custodians of animals but all concerned officials are failed to
implement the laws of the land along with protection of five freedoms of animals,
besides it animals and birds are to be treated under the definition of “Goods”,
whereas they have life and feeling, prohibiting their shifting in Goods transport
vehicles, as per Central Motor Vehicles (Eleventh Amendments) Rules, 2015,
exempted under the Central Goods and Service Act, 2017; (52) “goods” means
every kind of movable property other than money and securities but includes
actionable claim, growing crops, grass and things attached to or forming part of
the land which are agreed to be severed before supply or under a contract of
supply.
Five freedoms of animals are upheld by the Hon’ble Supreme Court of India, which are:
1. Freedom from hunger and thirst (food and water):
All animals deserve access to clean water and a well-balanced, nutritious diet.
Freedom from hunger and thirst provides for animals most basic needs by
allowing that animal to remain in good health and full of vitality.
2. Freedom from discomfort (shelter):
All animals should live in an appropriate environment. The conditions and
surroundings given to an animal contribute to its overall well-being. By providing
an animal with shelter and a comfortable resting area, you are ensuring that the
animal remains healthy and happy.
3. Freedom from pain, injury and disease (medical care):
All animals should be entitled to immediate veterinary attention when sick or
injured to avoid unnecessary suffering. In certain cases, unnecessary pain and
injury can be prevented through regular visits to a vet.
4. Freedom to express normal behaviour (exercise):
All animals should be allowed to express normal behaviours. A normal behaviour is
the way an animal acts in its natural environment. Enough space, proper shelter
and housing as well as adequate exercise, opportunity to play and the company of
the animal's own kind encourages the expression of normal behaviours.
5. Freedom from fear and distress (love and understanding):
All animals deserve to be happy. Ensuring conditions that avoid unnecessary
anxiety and stress will help to provide freedom from mental suffering. While
favourable physical conditions are essential, appropriate mental conditions are
also important to good animal welfare.

NOTIFICATION

New Delhi, the 26th March, 2001

S.O.271 (E) - Whereas the draft Prevention of Cruelty to Animals (Establishment and Regulation
of Societies for Prevention of Cruelty to Animals) 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 India in the Ministry of Social Justice and Empowerment
number S.0 1166 (E) dated the 2611 December, 2000 in the Gazette of India, Extraordinary, Part
11, Section 3, Sub Section (ii) dated the 27th 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 1 st 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 Prevention of Cruelty to
Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules,
2001

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

2. Definitions - In these rules, unless the context otherwise requires.

(a) "Act" means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960)

(b) "Animal Welfare Organisation" means a Welfare Organisation for animals which is
registered under the Societies Registration Act of 1860 (21 of 1860) or any other corresponding
law for the time being in force and recognized by the Board or the Central Government.

(c) "Board" means the Animal Welfare Board of India established under the Act.

(d) "local authority, means a municipal board of municipal committee, a State Animal Welfare
Board, district board or any local animal welfare organization authorized by any law for the
control and administration of any matter relating to animals within a specified local areas.

(e) "Society" means Society for Prevention of Cruelty to Animals (hereinafter referred to as
SPCA) established in any district under the Societies Registration Act, 1860 (21 of 1860) or any
other corresponding law applicable in a state and shall include the existing SPCA functioning in
any district.

(f) "Veterinary Doctor" means a person registered with the Veterinary Council of India
established under the Indian Veterinary Council Act, 1984 (52 of 1984).

3. Society for Prevention of Cruelty to animals in a District:

(1) Every State Government shall by notification in the Official Gazette, establish, as soon as
may be and in any event within six months from the date of commencement of these rules, a
society for every district in the State to be the SPCA in that district.

Provided that any society for Prevention of Cruelty to Animals functioning in any district on the
date of commencement of these rules shall continue to discharge its functions till establishment of
the SPCA in that district under these rules.

(2) The Managing Committee of the Society shall be appointed by the State Government or the
local authority of the district consisting of a Chairperson to be appointed by the State
Government or the local authority of the district, as the case may be with the concurrence of the
Board and shall consist of such number of other members as may be considered necessary by the
State Government or the local authority of the district subject to the condition that
(i) at least two members shall be representatives of the Animal Welfare Organizations which are
actively involved in the work of prevention of cruelty to animals and welfare of animals
preferably from within the district; and

(ii) at least two members shall be the persons elected by the general body of members of the
Society.

(3) The duties and powers of the Society shall be to aid the Government, the Board and local
authority in enforcing the provisions of the Act and to make such bye-laws and guidelines as it
may deem necessary for the efficient discharge of its duties.

(4) The Society, or any person authorized by it in this behalf, if it or he has reasonable grounds
for believing that any person has committed an offence under the Act, it or such authorized
person may require such person to produce forthwith any animal in his possession, control,
custody or ownership, or any license, permit or any other document granted to such person or
required to be kept by him under the provisions of the Act and may stop any vehicle or enter into
any premises in order to conduct a search or inquiry and may seize an animal in respect of which
it or such authorized person has reason to believe that an offence under the Act is being
committed, and deal with it in accordance with law.

(5) In addition to the powers conferred by these rules, the State Government may, in consultation
with the Board, confer such other powers upon any Society for exercising the powers and
discharging the functions assigned to it under these rules.

4. Setting up of infirmaries and animal shelters - (1) Every State Government shall provide
adequate land and other facilities to the Society for the purpose of constructing infirmaries and
animal shelters.

(2) Every infirmary and animal shelter shall have -

(i) a full time veterinary doctor and other staff for the effective running and maintenance of such
infirmary or animal shelter; and

(ii) an administrator who shall be appointed by the Society.

(3) Every Society shall, through its administrator or otherwise, supervise the overall functioning
of the infirmaries and animal shelters under its control and jurisdiction.

(4) All cattle pounds and pinjrapoles owned and run by a local authority shall be managed by
such authority jointly with the Society or Animal Welfare Organizations.

5. Regulation of SPCAs

(1) Every Society shall submit its annual report to the Board incorporating 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 Act and the rules made there under along with annual accounts duly
audited by a chartered accountant or any other body authorized by law within a period of one
month from the date of its accounts having been finalized by its managing committee.
(2) The Board shall examine such annual report and the annual accounts submitted by the
Society and may give any directions to it for improvement of its functioning including the
supersession of the managing committee of the Society with a view to give effect to the provisions
of the Act and the rules made there under.

Provided that the Board shall give opportunity of personal hearing to the office bearers of the
Society or any representative authorized by it before giving direction of its supersession and
holding of fresh elections for electing a new managing committee as per bye-laws of the society.

(3) The Board shall give any direction to any Society in the interest of smooth and efficient
functioning of the Society including the procedure for holding the election of the managing
committee of the Society, utilization of financial resources and management of assets of the
Society with a view to give effect to the provisions of the Act and the rules made there under.

(F.No.19/l/2000-AWD)

DHARMENDRA DEO, Jt. Secy.

Prayers:
1. State Advisory Board for Animal Welfare in Delhi, May kindly be re-constituted.
2. Establish and Gazette Notified the Society of Prevention of Cruelty to Animals,
separately for each and every District headquarter in Delhi, as per section 3 (1) of the
Prevention of Cruelty to Animals (Establishment and Regulation of Societies for
Prevention of Cruelty to Animals) Rules, 2001 keeping in view the orders passed in the
W.P.(C) No. 000440 / 2000 and CWP No. 309 of 2003 by the Hon’ble Supreme Court of
India.
3. Status reports on the proper functioning of Delhi State SPCA along with Infirmaries,
restoring five freedoms of the animals, reviewing the annual progress reports.
4. Status reports along with white paper on the Advisories not issued under section 9 (k) for
use of animals and birds for Educational purposes along with the Regulations under
section 10 of the Prevention of Cruelty to Animals Act, 1960, keeping in view the section
3, 11 (3) and 27, 28, 29 and 35 of the said Act, preparing animal abusers registry to
identify the offenses against animals.
5. Annual Confidential reports of all concerned field functionaries, needs to be
evaluate as per their performances towards article 51 A (g) of Indian
constitution.
6. Exclude animals and birds from the definition of “Goods”, along with the
poultry as Agriculture products, restoring their five freedoms as they have
feelings and life.
7. Any other orders deems fit.

Naresh Kadyan, Master Trainer, AWBI / Chairman, PFA Haryana / Rep. of United
Nation affiliated International Organisation for Animal Protection : OIPA www.oipa.org
in India – Scouts and Guides for Animals www.scouts-guides4animals.com , C-38, Rose
Apartment, Prashant Vihar, sector-14, Rohini, Delhi – 110085.
Registration : PMOPG/E/2017/0598844
Complainant : Naresh Kadyan
Date : 18 Nov 2017
Received by : Prime Minister’s Office
Forwarded to : Cattle Division
Officer name : Dr Rajasree
Designation : Assistant Commissioner (Animal Husbandry).
Contact
: Room No. 415, Krishi Bhawan, New Delhi.
Address
I have taken up the matter about non performance of Animal Welfare Board of
India along with their failure towards establishments and functioning of the
Society for Prevention of Cruelty to Animals all around India but again they
mishandled the matter as lodged with them: Prevention of Cruelty to Animals
(Establishment and Regulation of Societies for Prevention of Cruelty to
Animals) Rules, 2001 issued under section 38 of the Prevention of Cruelty to
Animals Act, 1960 (59 of 1960), violation of this section is a non cognizable and
bailable offense in legal terms, whereas this Rules were enforced as on 26th
March, 2001 but "Scouts and Guides for Animals: National Council of SPCA's"
worried about ignorance and failure of AWBI, AWD along with many State
Government Administration including Haryana because: A). As per Rule 1 (2)
They shall come into force on the date of their publication in the Official
Gazette. B). 3. Society for Prevention of Cruelty to animals in a district - (1)
Every State Government shall by notification in the Official Gazette, establish,
as soon as may be and in any event within six months from the date of
commencement of these rules, a society for every district in the State to be the
SPCA in that district. Provided that any society for Prevention of Cruelty to
Animals functioning in any district on the date of commencement of these rules
shall continue to discharge its functions till establishment of the SPCA in that
Grievance
: district under these rules. (2) The Managing Committee of the Society shall be
Description
appointed by the State Government or the local authority of the district
consisting of a Chairperson to be appointed by the State Government or the
local authority of the district. (4) The Society, or any person authorized by it in
this behalf, if it or he has reasonable grounds for believing that any person has
committed an offense under the Act, it or such authorized person may require
such person to produce forthwith any animal in his possession, control, custody
or ownership, or any license, permit or any other document granted to such
person or required to be kept by him under the provisions of the Act and may
stop any vehicle or enter into any premises in order to conduct a search or
inquiry and may seize an animal in respect of which it or such authorized
person has reason to believe that an offense under the Act is being committed,
and deal with it in accordance with law. 4. Setting up of infirmaries and animal
shelters - (1) Every State Government shall provide adequate land and other
facilities to the Society for the purpose of constructing infirmaries and animal
shelters. C). 5. Regulation of SPCAs (1) Every Society shall submit its annual
report to the Board incorporating 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 Act and the rules made there under along with annual
accounts duly audited by a chartered accountant or any other body authorized
by law within a period of one month from the date of its accounts having been
finalized by its managing committee. Above said Rules are violated all around in
India, which can be prosecuted under law existed, hence FIR against AWD -
AWBI along with all Administrative Secretaries of the State Government,
Department of Animal Husbandry may kindly be lodged for the violation of
section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) read
with IPC 188, 120-B. "Scouts and Guides for Animals: National Council of
SPCA's" asked Ministry to ensure strict compliance of all legal provisions of the
said Notification at once, holding responsibilities on the tainted officials, to avoid
any unnecessary litigation's. Whereas SPCA's are enjoying Police powers at
Delhi, Patna and Ranchi etc with AWBI recognition, hence WHITE PAPER on
establishments and functioning of SPCA's required.
Date of Action : 21 Nov 2017

Registration : MOEAF/E/2017/01577
Complainant : Naresh Kadyan
Date : 11 Oct 2017
Received by : Ministry of Environment, Forest and Climate Change
Forwarded to : Animal Welfare Division.

Prevention of Cruelty to Animals (Establishment and Regulation of Societies for
Prevention of Cruelty to Animals) Rules, 2001 issued under section 38 of the Prevention
of Cruelty to Animals Act, 1960 (59 of 1960), violation of this section is a non cognizable
and bailable offense in legal terms, whereas this Rules were enforced as on 26th March,
2001 but "Scouts and Guides for Animals: National Council of SPCA's" worried about
ignorance and failure of AWBI, AWD along with many State Government
Administration including Haryana because:
As per Rule 1 (2) They shall come into force on the date of their publication in the
Official Gazette.
3. Society for Prevention of Cruelty to animals in a district –
(1) Every State Government shall by notification in the Official Gazette, establish, as
soon as may be and in any event within six months from the date of commencement of
these rules, a society for every district in the State to be the SPCA in that district.
Provided that any society for Prevention of Cruelty to Animals functioning in any
Grievance
: district on the date of commencement of these rules shall continue to discharge its
Description
functions till establishment of the SPCA in that district under these rules.
(2) The Managing Committee of the Society shall be appointed by the State Government
or the local authority of the district consisting of a Chairperson to be appointed by the
State Government or the local authority of the district.
(4) The Society, or any person authorized by it in this behalf, if it or he has reasonable
grounds for believing that any person has committed an offense under the Act, it or such
authorized person may require such person to produce forthwith any animal in his
possession, control, custody or ownership, or any license, permit or any other document
granted to such person or required to be kept by him under the provisions of the Act and
may stop any vehicle or enter into any premises in order to conduct a search or inquiry
and may seize an animal in respect of which it or such authorized person has reason to
believe that an offense under the Act is being committed, and deal with it in accordance
with law.
4. Setting up of infirmaries and animal shelters –
(1) Every State Government shall provide adequate land and other facilities to the
Society for the purpose of constructing infirmaries and animal shelters.
5. Regulation of SPCAs (1) Every Society shall submit its annual report to the Board
incorporating 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 Act and the rules
made there under along with annual accounts duly audited by a chartered accountant or
any other body authorized by law within a period of one month from the date of its
accounts having been finalized by its managing committee.
Above said Rules are violated all around in India, which can be prosecuted under law
existed, hence FIR against AWD - AWBI along with all Administrative Secretaries of the
State Government, Department of Animal Husbandry may kindly be lodged for the
violation of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960) read
with IPC 188, 120-B. "Scouts and Guides for Animals: National Council of SPCA's"
asked Ministry to ensure strict compliance of all legal provisions of the said Notification
at once, holding responsibilities on the tainted officials, to avoid any unnecessary
litigation's.

Date of Action : 31 Oct 2017
The law enforcement is carried out by the departments of the State Governments/UTs
and the law enforcement officials have to effectively enforce the law to prevent cruelty to
the animals. The matter is related to death of horse in SPCA Ambala Cantt and
necessary action is being taken by the District Administration. As far as the functioning
of District SPCAs, the Board is regularly writing to the State Governments/UTs to
Details :
establish District SPCA as per the provisions of the PCA (Establishment and Regulation
of SPCA) Rules, 2001. The State Govt has to take necessary action to establish District
SPCAs as per the Rules. The Board has also written several letters to all the State Govts /
UTs to furnish the details of District SPCAs established and action taken to make them
effective and the details are awaited.
Registration : GNCTD/E/2017/07698
Complainant : Naresh Kadyan
Date : 03 Nov 2017
Received by : Government of NCT of Delhi
Contact : Public Grievances Commission, Delhi

As per section 9 (k) of the Prevention of Cruelty to Animals Act, 1960 “To
impart education in relation to the humane treatment of animals and to
encourage the formation of public opinion against the infliction of unnecessary
pain or suffering to animals and for the promotion of animal welfare by means
of lectures, books, posters, cinematographic exhibitions and the like” and as per
section 10 of said Act “The Board may, subject to the previous approval of the
Central Government, make such regulations as it may think fit for the
administration of its affairs and for carrying out its functions. As per section 27
(b) of the Prevention of Cruelty to Animals Act, 1960, training, display and
performances of animals and birds are being exempted under law, on the use of
basic and principal objectives of Educational purpose and the Prevention of
Cruelty to Animals Act, 1960 along with Notifications issued under section 22,
prohibiting performance of five wild along with one domestic species of animal
Grievance and Rules made out under section 38 of this Act as Performing Animals Rules
:
Description are not applicable, on the activities done in good faith for Educational purposes
only. It would also be pertinent to mention here that section 11(3)(a) also
exempted under the Prevention of Cruelty to Animals Act, 1960 "The dehorning
of cattle or the castration or branding or nose roping of any animal in the
prescribed manner. Whereas Animal Welfare Board of India totally failed to
perform as per section 9 (k) and section 10 because never prepared any
guidelines and advisory along with the regulations to minimize the stress, pain
and unnecessary sufferings during the use of animals and birds for Educational
purposes, either in the Circuses, Films, Documentaries and presentations.
Animal is a state subject and Govt. of Delhi can introduce the Advisory and
Regulations for the animals and birds are being used by Circuses for
Educational purposes only. Scouts and Guides for Animals: National Council of
SPCA's will appreciate if Govt. of Delhi comes forward to protect the animals
and birds from the hand of self styled animal rights activists.
Date of Action : 24 Feb 2018
Details : out of jurisdiction