1

To,
Chairman / Secretary,
Gujarat Biodiversity Board, Gandhinagar.
Subject: Complaint in good faith – Community Policing: Functional BMC –
PBRs, declare Rich, Surplus, and Vermin species of animals and birds.
References:
Gross negligence in overall supervisions, needs immediate attention.
1. Smart Cities in Gujarat.
2. Gujarat Animal Welfare Board, O/No:- GSAWB/Tech/E-
Sarkar:99(70)4204-26/2023, dated 21-12-2023, related to 6 Smart Cities.
3. The Food Safety and Standards (Food Products Standards and Food
Additives) Regulations, 2011 under the Food Safety and Standards Act,
2006, wherein definition of animals is given, and approved. As per sub-
regulation 2.5.1 (a)"animal" means an animal belonging to any of the
species specified below:
1. Ovines (sheep).
2. Caprines (goats or goat-antelopes).
3. Suillines (pig family).
4. Bovines (ox and cow including buffalo).
5. Domestic Rabbits (Oryctolagus cuniculus) and includes poultry and
fish.
4. Veterinary Council of India Standard of Professional Conduct, Etiquette
and Code of Ethics, for Veterinary Practitioners Regulations, 1992. As
per section 3: Declaration and oath by a Veterinarian: Being admitted to
the profession of veterinary medicine:
1. I solemnly swear to use my scientific knowledge and skills for the
benefit of society through the protection of animal health, the relief of
animal suffering, the conservation of livestock resources, the
promotion of public health, and the advancement of knowledge in
veterinary science.
2. I shall practice my profession conscientiously, with dignity, and in
keeping with the principles of veterinary medical ethics.
3. I accept as a lifelong obligation the continuous improvement of my
professional knowledge and competence.
15 times repeatedly used as term animal and twice cruelty, seventh schedule
differentiate work distribution, as:
1. Union list– 97 subjects.
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2. State list – 66 subjects.

Item 15: Preservation, protection and improvement of stock and
prevention of animal diseases; veterinary training and practice.
Item 28: Markets and fairs.
Item 58: Taxes on animals and boats.
Item 59: Tolls.
3. Concurrent List – 47 subjects.
Item 17: Prevention of cruelty to animals.
Item 29: Prevention of the extension from one State to another of
infectious or contagious diseases or pests affecting men, animals or
plants.
4. Article 51A of Indian Constitution.
Let Live and Live
Greetings,
Being an active part of Community Policing as man of many achievements and
distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist
by profession: Activist by mission: Cobbler by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by vision and action, habitual khadi
wearers and speaking truth, performing fundamental duties, as social reformer,
compassionate citizen, and unpaid labour for flora and fauna, with our mission:
Conservation beyond imagination, during the Golden Jubilee years of activism,
nothing for gain and profit, Whistleblower for community service, it is humbly
submitted that:
1. I am a retired non-official Member, State Committee for Slaughter Houses,
Department of Urban and Local Bodies (Govt. of Haryana), established as per
directions of Hon’ble Supreme Court of India, in CWP No. 309 of 2003.
2. I am a Master Trainer in Animal Welfare, decorated by the Govt. of India,
retired as Commissioner, Bharat Scouts and Guides, Haryana.
3. Lifetime working as Chief National Commissioner, Scouts and Guides for
Animal and Birds, along with National Authority for Animal Welfare, OIPA:
Indian People for Animals.
4. I had been CPCSEA nominee, Nodal Inspecting Authority for Haryana and
adjoining Rajasthan, for Animal Welfare Division (Govt. of India) and
Inspecting Authority for Animal Welfare Board of India, for Haryana and
Punjab, as per item No. 3 of 39th AGM of AWBI, keeping in view the
recommendations of Screening Committee of AWBI.
5. I had been volunteers of Wildlife Crime Control Bureau, and Convener of
Animal Welfare Party, political wing for flora and fauna.
6. International Union for Conservation of Nature: IUCN - 2021-2025:
1. Member, Commission on Education and Communication.
2. Member, CEC Nature for all Network
3. Member, CEC Reimagine Conservation Network
4. Member, CEC Nature Education for Sustainability Network
5. Member, CEC Youth Engagement, and Intergenerational Partnerships.
Fundamental duties: It shall be the duty of every citizen of India:
(a) to abide by the Constitution and respect its ideals and institutions, the
National Flag, and the National Anthem.
 3

(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom.
(c) to uphold and protect the sovereignty, unity, and integrity of India.
(d) to defend the country and render national service when called upon to
do so.
(e) to promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic, and regional or
sectional diversities, to renounce practices derogatory to the dignity of
women.
(f) to value and preserve the rich heritage of our composite culture.
(g) to protect and improve the natural environment including forests,
lakes, rivers and wildlife, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry
and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement.
(k) who is a parent or guardian to provide opportunities for education to
his child or, as the case may be, ward between the age of six and fourteen
years.
Five basic principles of Mahatma Gandhi:
Gandhian ethics and values refer to the moral and philosophical principles
espoused by Mahatma Gandhi, a prominent Indian freedom fighter, and social
reformer. Gandhi's philosophy was based on the idea of non-violence, truth, and
selfless service to others. Some of the key elements of Gandhian ethics and
values include:
Satya (Truth):
Gandhi believed that truth is the
foundation of all morality and the
highest form of devotion. He
advocated speaking the truth at all
times and rejecting falsehood,
deception, and hypocrisy.
Ahimsa (Non-violence):
Gandhi was a staunch believer in
non-violence or ahimsa. He
believed that violence only begets
more violence and that true
strength lies in peaceful
resistance to oppression and
injustice.
Sarvodaya (Welfare of All):
Gandhi's philosophy was centered
around the idea of sarvodaya,
which means the welfare of all. He
believed that every individual,
 4

regardless of caste, creed, or

social status, should be given
equal opportunities to live a
dignified life.
Swaraj (Self-rule):
Gandhi believed that India's
independence from British rule
could only be achieved through
self-rule or swaraj. He advocated
for economic self-sufficiency and
self-reliance, along with political
independence.
Satyagraha (Soul force):
Satyagraha refers to the use of
non-violent resistance to achieve
social or political change. Gandhi
believed that the power of truth
and non-violence could overcome
even the most entrenched
systems of oppression.
Overall, Gandhian ethics and values emphasize the importance of
compassion, selflessness, and service to others, along with a commitment to
truth, non-violence, and social justice. These principles continue to be
influential in contemporary India and around the world.
Extracts of some Paras of Supreme Court order dated 18.5.2023 in WP (C) No.
23 of 2016 and AWBI endorsed orders passed in SLP (C) No.11686 of 2007:
Chapter 7.1.2 of the guidelines of OIE, recognizes five internationally
recognized freedoms for animals, such as:
(i) freedom from hunger, thirst and malnutrition.
(ii) freedom from fear and distress.
(iii) freedom from physical and thermal discomfort.
(iv) freedom from pain, injury and disease and
(v) freedom to express normal patterns of behaviour.
Biodiversity Management Committees (BMCs):
Local bodies constitute Biodiversity Management Committee in accordance
with Section 41, within their area of jurisdiction for the purpose of promoting
conservation, sustainable use and documentation of biological diversity
including preservation of habitats, conservation of land races, folk varieties and
cultivars, domesticated stocks and breeds of animals and micro-organisms and
chronicling of knowledge relating to biological diversity.
Members of BMC:
 5

Biodiversity Management Committee is constituted in accordance with

Biological Diversity Rule, 22(1) of the Act. It consists of a chairperson and six
persons nominated by the local body, of whom one third are women and not
less than 18% are scheduled castes/scheduled tribes.
Functions of BMC:
Prepare, maintain and validate People's Biodiversity Register (PBR) in
consultation with local people. The BMC is to maintain a Register giving
information about the details of the availability and knowledge of local biological
resources, their use or any traditional knowledge, access to biological and
traditional knowledge granted, details of the collection of fees imposed and
details of the benefits derived and the mode of their sharing.
The BMCs would, in addition to the preparation of the People's Biodiversity
Register (PBR), participate in ensuring:
1. Conservation and sustainable utilization of biological resources.
2. Eco-restoration of the local biodiversity.
3. Proper feedback to the SBB in the matter of IPR, Traditional Knowledge
and local Biodiversity issues, wherever feasible and essential feedback
to be provided to the NBA.
4. Management of Heritage Sites including Heritage Trees, Animals/ Micro-
organisms etc., and Sacred Groves and Sacred Water bodies.
5. Regulation of access to the biological resources and/ or associated
Traditional Knowledge, for commercial and research purposes.
6. Sharing of usufructs arising out of commercial use of bio-resources.
7. Conservation of traditional varieties/breeds of economically important
plants/animals.
8. Biodiversity Education and Awareness building.
9. Documentation, enable procedure to develop bio-cultural protocols.
10. Sustainable Use and Benefit Sharing.
11. Protection of Traditional Knowledge recorded in PBR.

STOP discrimination, ensuring functioning of Biodiversity Management

Committees: BMCs in Smart Cities and District Society for Prevention of
Cruelty to Animals: DSPCAs. Strict compliance of:
(1). Prevention of Cruelty (Capture of Animals) Rules, 1972
(2). Prevention of Cruelty to Draught and Pack Animals Rules, 1965,
amended 1968.
(3). Prevention of Cruelty to Animals (Licensing of Farriers) Rules, 1965.
(4). Performing Animals Rules, 1973 and 2001.
(5). Transport of Animals Rules, 1978, amended in 2001 and 2009.
(6). Prevention of Cruelty to Animals (Application of Fines) Rules, 1978
(7). Prevention of Cruelty to Animals (Registration of Cattle Premises)
Rules, 1978.
(8). Experiments on Animals (controls and Supervision) (Amendment)
Rules, 1998.
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(9). Breeding of and Experiments on Animals (Control and Supervision)

Rules, 1998, 2001, 5 and 2006.
(10). Prevention of Cruelty to Animals (Slaughter House) Rules, 2001,
amended in 2010.
(11). Prevention of Cruelty to Animals (Establishment and Regulation of
Societies for Prevention of Cruelty to Animals) Rules, 2001.
(12). Prevention of Cruelty to Animals (Dog Breeding and Marketing)
Rules, 2017.
(13). Animal Birth Control Rules, 2023.
(14). Prevention of Cruelty to Animals (Pet Shop) Rules, 2018.
(15). Prevention of Cruelty to Animals (Care and Maintenance of Case
Property Animals) Rules, 2017.
(16). Prevention of Cruelty to Animals (Egg Laying Hens) Rules, 2023.
(17). Prevention of Cruelty to Animals (Animal Husbandry Practices and
Procedures) Rules, 2023.
(18). Prevention of Cruelty to Animals (Transport of Animals on Foot)
Rules, 2001.

As per section 3 of the Prevention of Cruelty to Animals Act, 1960:

Duties of persons having charge of animals: It shall be the duty of every
person having the care or charge of any animal to take all reasonable
measures to ensure the well-being of such animal and to prevent the
infliction upon such animal of unnecessary pain or suffering.

Prevention of Cruelty to Animals Act, 1960:

As per section 2 (a):
"animal" means any living creature other than a human being.
As per the Carriage by Road Act, 2007:

Section 2: Definitions – In this Act, unless the context otherwise requires:

(e) “goods” includes (ii) animals or livestock.

As per Animal Birth Control Rules, 2023:

Rule 2:
Definition: -
(1). In these rules, unless the context otherwise requires, -
(a) "Act" means the Prevention of Cruelty to Animals Act, 1960 (59 of
1960).
(b) Animal Birth Control, means a veterinary facility with surgical
infrastructure, post-operative care kennels, quarantine kennels, isolation
kennels, dog transport vehicles with necessary logistics and other such
facilities as specified by the Board, built for the purpose of carrying out
the Animal Birth Control Program for street dogs.
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(c) "Animal Birth Control program" means Birth Control program carried
out for animal under these Rules by a local authority or an animal welfare
organisation.
(d) Animal Shelter, means place where stray or street or abandoned
animals are kept for adoption or rehabilitation, general treatment while
they are ill or injured.
(e) Animal Welfare Committee, means committee constituted under these
rules for resolution of the community dog feeding.
(f) "Animal Welfare Organisation" means any Organisation working for
welfare of animals which is registered under the Societies Registration
Act of 1860 (21 of 1860) or any corresponding law for the time being in
force and which is recognised by the Animal Welfare Board of India as per
the extant policy of the Board.
(g) "Board" means the Animal Welfare Board of India, established under
section 4 and as reconstituted under section 5A of the Act.
(h) Certificate, means the Certificate of Project Recognition issued by the
Board to any Animal Welfare Organisation or local authority for the
purpose of the Animal Birth Control Programme under these Rules.
(i) Committee, means a monitoring Committee established under rule 9.
(j) Community Animals, means any animal born in a Community for which
no ownership has been claimed by any individual or an Organisation,
excluding wild animals as defined under the wildlife Protection Act, 1972
(53 of 1972).
(k) inspection team, means team authorised by the Board or State Board
under rule 14.
(l) "Jurisdictional Veterinary Officer" Veterinary Officer of the Animal
Husbandry Department deployed at the Government Veterinary Hospital
of the Animal Husbandry Department of the area.
(m) local authority" means a Municipal Committee, Municipal Council,
District Administration, District Panchayats or Board, Cantonment Board
or other authority for the time being invested by the law with the control
and administration of any matters within a specified local area.
(n) "Module" means document in writing for dog population management
and rabies eradication published and updated by the Board from time to
time, which shall serve as the Standard Operating Procedure for Animal
Birth Control program for street dogs.
(o) "Owner" means the Owner of an animal and includes any other person
or any other organisation or association in possession or custody of such
animal whether with or without the consent of the owner.
(p) "Project In-charge" means Veterinary Officer deployed by the local
authority for conducting the Animal Birth Control program for street dogs.
Project in-charge of the local authority shall be a Veterinary Officer on the
regular payroll of the local authority or State Government; (q) Project
Recognition Committee, means committee constitute by the Board for the
scrutiny and examination of the applications for the Project Recognition
of the Animal Birth Control programme.
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(r) State Board, means the State Animal Welfare Board constituted, in a
State, by the State Government;
(s) Society for Prevention of Cruelty to Animals, means a Society for
Prevention of Cruelty to Animals established under the rules framed
under this Act.
(t) Veterinary practitioner, means a Veterinary practitioner registered
under the provisions of the Indian Veterinary Council Act, 1984 (52 of
1984).
(2) Words and expressions used herein and not defined but defined in the
Prevention of Cruelty to Animals Act, 1960 and the Wildlife Protection Act, 1972
shall have the meanings respectively assigned to them in those Acts.
(7) Classification of animals: -
Animals classified for the purpose of these rules are as under:
(1) Pet animals – dogs owned and kept indoor by individuals.
(2) Street dogs or community owned Indian dogs or abandoned pedigreed dogs
which are homeless, living on the street or within a gated campus.
(8) Responsibility for Vaccination and Sterilisation: -
(1) In case of pet animals, the owner of the animal shall be responsible for the
deworming, immunisation and sterilisation.
(2) In case of street animals, the local authority shall be responsible for
deworming, immunisation and sterilisation and may engage an Animal Welfare
Organisation duly recognised by the Board to carry out the animal birth control
program in accordance with these rules.
11. Capturing or sterilisation or immunisation or release: -
(1) Capturing of street dogs shall be conducted for the following reasons
namely: -
(a). General purpose:
for which the local authority in consultation with the Monitoring Committees
shall decide to control the excess population of street dogs through animal
birth control program in a specific area or region.
(b). Specific complaints: for which the local authority in consultation with the
Monitoring Committee shall set up an Animal Complaint Cell at the Animal
Birth Control Center to receive information or complaints about dog bites from
street dogs suspected to be suffering from Rabies.
(19) 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
after their complete recovery and the representative of the local authority or of
the animal welfare organisation shall accompany the team at the time of
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release and from time to time, the Board may provide a suitable application for
geo-tagging the location of the dogs during capture and release.
20. Feeding of Community Animals: –
(1) It shall be responsibility of the Resident Welfare Association or Apartment
Owner Association or Local Body’s representative of that area to make
necessary arrangement for feeding of community animals residing in the
premises or that area involving the person residing in that area or premises as
the case may be, who feeds those animals or intends to feed those animals and
provides care to street animals as a compassionate gesture. The Resident
Welfare Association or Apartment Owner Association or the Local Body’s
representative shall ensure: -
(i) to designate feed spots which are mutually agreed upon, keeping in mind the
number of dog population and their respective territories and the feeding spots
shall be far from children play areas, entry and exit points, staircase or in an
area which is likely to be least frequented by children and senior citizen.
(ii) to designate feeding time depending on the movement of children, senior
citizens, sports which is likely to be least frequented by children and senior
citizen.
(iii) designated feeder shall ensure that there is no littering at the feeding
location or violation of guidelines framed by the Resident Welfare Association
or Apartment Owner Association or that areas.
(iv) designated feeders are allowed to volunteer for the vaccination, catching
and release of dogs to assist with the Animal Birth Control Program.
(2) Where there is any conflict between the Resident Welfare Association or
Apartment Owner Association and the animal caregivers or other residents, an
Animal Welfare committee comprising of the following members shall be
formed:
(i) Chief Veterinary Officer or his representative.
(ii) Representative of the Jurisdictional Police.
(iii) Representative of the District Society for Prevention of Cruelty to Animal or
State Board.
(iv) Representative of any Recognised Animal Welfare Organisation
conducting Animal Birth Control.
(v) Veterinary Officer deputed by the local authority.
(vi) Complainant.
(vii) Representative of the Resident Welfare Association or Apartment Owner
Association or Local Body of that area.
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The decision of the Committee constituted under sub-rule (2) of rule 20 shall
be the final decision with regard to the fixing of the feeding point and the
Committee may also nominate person from amongst the designated Colony
Care Taker by the Board to feed those animals in that area.
Ritual Slaughter:
Ritual slaughter is slaughter done according to the religious
requirements of either the Jewish (sachet) or Muslim (Halal) and Hindu
(Jhatka) religious faith. The animal is slaughtered, with / without being
stunned, with a razor-sharp knife. When the cut is done correctly, the
animal appears not to feel it. From an animal welfare standpoint, the
major concerns during ritual slaughter are the stressful and cruel
methods of restraint (holding) that are used in some plants. Progressive
slaughter plants use devices to hold the animal in a comfortable,
upright position. For both humane and safety reasons, plants which
conduct ritual slaughter should install modern upright restraining
equipment.
Streamlining of Halal Certification Process for Meat and Meat Products:
"Halal" and "haram" are terms used in Islam to classify what is permissible
(halal) and what is forbidden or prohibited (haram) according to Islamic law
(Sharia).
Halal:
This term refers to things or actions that are permissible or lawful
according to Islamic teachings. It encompasses various aspects of life,
including food, behavior, and business dealings. For example, halal
food adheres to specific guidelines, such as the avoidance of pork and
alcohol, and the use of humane methods in animal slaughter.
Haram:
Haram, on the other hand, denotes what is forbidden or prohibited in
Islam. Actions or items labeled as haram are considered sinful or
unlawful according to Islamic teachings. This can include actions like
consuming alcohol, eating pork, engaging in dishonest business
practices, or engaging in certain behaviors or relationships that are
prohibited by Islamic law.
The Food Safety and Standards Authority of India (FSSAI) oversees food
regulations in India. The Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulations, 2011, are part of the legal
framework governing food businesses in the country. However, these
regulations primarily focus on food safety and hygiene standards rather than
religious or cultural practices related to animal slaughter.
Regarding stunning before animal slaughtering, while the FSSAI regulations
emphasize standards for the hygiene and safety of food processing, they
might not specifically mandate stunning before slaughter. The regulations
primarily focus on ensuring that food businesses maintain hygienic
 11

conditions, follow good manufacturing practices, and meet safety standards

during various stages of food processing, including animal slaughter.
However, specific requirements or regulations related to stunning before
animal slaughtering might exist at the state or local level, and these could
potentially conflict with traditional halal practices. In such cases, there might
be discussions or debates between religious practices and food safety
regulations.
It's essential to review both the FSSAI regulations and any additional local or
state regulations that might specifically address stunning before animal
slaughter to get a comprehensive understanding of the legal requirements
and their implications on religious or cultural practices related to animal
slaughter in India.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, which were
amended in 2010, include provisions that mandate stunning before animal
slaughtering in India. These rules were put in place to ensure the humane
treatment of animals during slaughter and are aimed at improving animal
welfare standards in slaughterhouses.
The amended rules include guidelines for the proper handling and slaughter
of animals in registered slaughterhouses. Among the provisions is the
requirement for stunning animals before slaughter to minimize suffering and
ensure a more humane process.
However, these regulations might conflict with traditional halal methods that
emphasize specific religious practices during animal slaughter, where
stunning before slaughter is not part of the process.
This requirement has led to debates and discussions within religious
communities, particularly among those following Islamic dietary laws, as
stunning before slaughter might not align with their religious practices.
The implementation and adherence to these rules can vary across regions and
slaughterhouses in India. While the rules aim to improve animal welfare, they
can pose challenges for communities that follow specific religious guidelines
for animal slaughter.
As per Food Safety and Standards Act, 2006:
Section 29: Authorities responsible for enforcement of Act.
(1) The Food Authority and the State Food Safety Authorities shall be
responsible for the enforcement of this Act.
(2) The Food Authority and the State Food Safety Authorities shall monitor
and verify that the relevant requirements of law are fulfilled by food business
operators at all stages of food business.
(3) The authorities shall maintain a system of control and other activities as
appropriate to the circumstances, including public communication on food
 12

safety and risk, food safety surveillance and other monitoring activities
covering all stages of food business.
(4) The Food Safety Officers shall enforce and execute within their area the
provisions of this Act with respect to which the duty is not imposed expressly
or by necessary implication on some other authority.
(5) The regulations under this Act shall specify which of the Food Safety
Officers are to enforce and execute them, either generally or in relation to
cases of a particular description or a particular area, and any such regulations
or orders may provide for the giving of assistance and information by any
authority concerned in 11the administration of the regulations or orders, or of
any provisions of this Act, to any other authority so concerned, for the
purposes of their respective duties under them.
(6) The Commissioner of Food Safety and Designated Officer shall exercise
the same powers as are conferred on the Food Safety Officer and follow the
same procedure specified in this Act.
Section 89: Overriding effect of this Act over all other food related laws -
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force
or in any instrument having effect by virtue of any law other than this Act.
Prevention of Cruelty to Animals (Slaughter House) Rules, 2001:
Rule 6. Slaughter –
(1) No animal shall be slaughtered in a slaughter house in sight of other
animals
(2) No animal shall be administered any chemical, drug or hormone
before slaughter except drug for its treatment for any specific disease
or ailment.
(3) The slaughter halls in a slaughter house shall provide separate
sections of adequate dimensions sufficient for slaughter of individual
animals to ensure that the animal to be slaughtered is not within the
sight of other animals.
(4) Every slaughter house as soon as possible shall provide a separate
space for stunning of animals prior to slaughter, bleeding and dressing
of the carcasses
(5) Knocking section in slaughter house may be so planned as to suit
the animal and particularly the ritual slaughter; if any and such
knocking section and dry landing area associated with it shall be so
built that escape from this section can be easily carried out by an
operator without allowing the animal to pass the escape barrier.
(6) A curbed-in bleeding area of adequate size as specified by the
Central Government shall be provided in a slaughter house and it shall
 13

be so located that the blood could not be splashed on other animals

being slaughtered or on the carcass being skinned.
(7) The blood drain and collection in a slaughter house shall be
immediate and proper
(8) A floor wash point shall be provided in a slaughter house for
intermittent cleaning and a hand-wash basin and knife sterilizer shall
also be provided for the sticker to sterilize knife and wash his hands
periodically.
(9) Dressing of carcasses in a slaughter house shall not be done on
floor and adequate means and tools for dehiding or belting of the
animals shall be provided in a slaughter house with means for
immediate disposal of hides or skins;
(10) Hides or skins shall be immediately transported from a slaughter
house either in a closed wheelbarrow or by a chute provided with self-
closing door and in no case, such hides or skins shall be spread on
slaughter floor for inspection
(11) Floor wash point and adequate number of hand wash basins with
sterlizer shall be provided in a dressing area of a slaughter house with
means for immediate disposal of legs, horns, hooves and other parts of
animals through spring load floor chutes or sidewall doors or closed
wheelbarrows and in case wheelbarrows or trucks are used in a
slaughter house, care shall be taken that no point wheelbarrow or truck
has to ply under the dressing rails and a clear passage is provided for
movement of the trucks.
12. Adequate space and suitable and properly located facilities shall be
provided sufficient for inspection of the viscera of the various types of
animals slaughtered in a slaughter house and it shall have adequate
facilities for hand washing, tool sterilisation and floor washing and
contrivances for immediate separation and disposal of condemned
material.
13. Adequate arrangements shall be made in a slaughter house by its
owner for identification, inspection and correlation of carcass, viscera
and head.
14. In a slaughter house, a curbed and separately drained area or an
area of sufficient size, sloped 33 mm per metre to a floor drain, where
the carcasses may be washed with a jet of water, shall be provided by
the owner of such slaughter house.
Food Safety and Standards (Licensing and Registration of Food Businesses)
Regulations, 2011:
Rule 4.0 Slaughter:
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Animals are slaughtered by being first stunned and then exsanguinated (bled
out). Stunning can be affected through asphyxiating the animals with carbon
dioxide, shooting them with a gun or a captive bolt pistol, or shocking them
with electric current.
Rule 4.1. Stunning:
Stunning before slaughter should be mandatory. By inducing
unconsciousness and insensibility, stunning can avoid and minimise
reactions of fear and anxiety as well as pain, suffering and distress among the
animals concerned. Stunning methods induce temporary loss of
consciousness and rely on prompt and accurate sticking procedures to cause
death.
It is important that the equipment utilized for stunning and slaughter is
maintained in good working condition and that all operators involved are well
trained and have a positive attitude towards the welfare of animals.
Electrical stunning consists of passing electricity through the brain to
produce instantaneous insensibility.
Prevention of Cruelty to Animals Act, 1960:
Section 11 of the Prevention of Cruelty to Animals Act, 1960: Treating animals
cruelly, If any person-
(a) beats, kicks, over-rides, over-drives, over-loads, tortures or
otherwise treats any animal so as to subject it to unnecessary pain or
suffering or causes or, being the owner permits, any animal to be so
treated.
(b) employs in any work or labour or for any purpose any animal
which, by reason of its age or any disease, infirmity, wound, sore or
other cause, is unfit to be so employed or, being the owner, permits
any such unfit animal to be so employed.
(c) willfully and unreasonably administers any injurious drug or
injurious substance to any animal or willfully and unreasonably
causes or attempts to cause any such drug or substance to be taken
by any animal.
(d) conveys or carries, whether in or upon any vehicle or not, any
animal in such a manner or position as to subject it to unnecessary
pain or suffering
(e) keeps or confines any animal in any cage or other receptacle which
does not measure sufficiently in height, length and breadth to permit
the animal a reasonable opportunity for movement
(f) keeps for an unreasonable time any animal chained or tethered
upon an unreasonably short or unreasonably heavy chain or cord
(g) being the owner, neglects to exercise or cause to be exercised
reasonably any dog habitually chained up or kept in close
confinement
 15

(h) being the owner of any animal fails to provide such animal with
sufficient food, drink or shelter
(i) without reasonable cause, abandons any animal in circumstances
which render it likely that it will suffer pain by reason of starvation or
thirst
(j) wilfully permits any animal, of which he is the owner, to go at large
in any street while the animal is affected with contagious or infectious
disease or, without reasonable excuse permits any diseased or
disabled animal, of which he is the owner, to die in any street
(k) offers for sale or, without reasonable cause, has in his possession
any animal which is suffering pain by reason of mutilation, starvation,
thirst, overcrowding or other ill-treatment
(l) multilates any animal or kills any animal, including stray dogs by
using the method of strychnine injections in the heart or in any other
unnecessarily cruel manner
(m) solely with a view to providing entertainment-
(i) confines or causes to be confined any animal,
including tying of an animal as a bait in a tiger or other
sanctuary, so as to make it an object of prey for any
other animal.
(ii) incites any animal to fight or bait any other animal
(n) organises, keeps, uses or acts in the management of, any place for
animal fighting or for the purpose of baiting any animal or permits or
offers any place to be so used or receives money for the admission of
any other person to any place kept or used for any such purposes.
(o) promotes or takes part in any shooting match or competition
wherein animals are released from captivity for the purpose of such
shooting.

The core infrastructure elements in a Smart City would include: -

i. Adequate water supply,
ii. Assured electricity supply,
iii. Sanitation, including solid waste management,
iv. Efficient urban mobility and public transport,
v. Affordable housing, especially for the poor,
vi. Robust IT connectivity and Digitalization,
vii. Good Governance, especially e- Governance and citizen
participation,
viii. Sustainable environment,
ix. Safety and security of citizens, particularly women, children
and the elderly, and
x. Health and education.
Compendium containing various standards, Rules and Statutes, Governing the
slaughter of animal and Management of Slaughter House, including solid
waste management and disposal. The consumption of meat, chicken and fish
also needs attention, keeping in view demand and supply.
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Cattle Trespass Act, 1871:

Cattle terms, used repeatedly 60 times.

Gujarat Police Act, 1951: Which is defective being appreciated repealed the
Prevention of Cruelty to Animals Act, 1890, which replaced by the Prevention of
Cruelty to Animals Act, 1960.
Stray words repeatedly used by 10 times, dog 14 times, and 40 times as
cattle, whereas animal, repeatedly used by 84 times, empowering Police,
to handle matter related animals, including trespassing by animals.
Regulations, under section 33 of Police Act.

Gujarat Provincial Municipal Corporations Act, 1949:

Section 2(25) “goods” includes animal-
Stray words repeatedly used by 4 times, dog 2 times, and 21 times as
cattle, whereas animal, repeatedly used by 194 times, empowering
Municipal Corporation, to handle matter related animals.

Prevention of Cruelty to Animals (Establishment and Regulation of Societies for

Prevention of Cruelty to Animals) Rules, 2001 was introduced,
As per section 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
 17

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 thereunder 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
thereunder. 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
 18

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 thereunder.
Transportation of animals in a special vehicle, duly approved by the competent
authorities, are the mandatory provision under the Central Motor Vehicle (11 th
Amendments) Rules, 2015 and Central Motor Vehicle (13th Amendments) Rules,
2016.
Code of Criminal Procedure, 1973:
B.—Public nuisances
Section 133:
Conditional order for removal of nuisance:
(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other
Executive Magistrate specially empowered in this behalf by the State
Government, on receiving the report of a police officer or other information and
on taking such evidence (if any) as he thinks fit, considers-
(a) that any unlawful obstruction or nuisance should be removed from any
public place or from any way, river or channel which is or may be lawfully used
by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or
merchandise, is injurious to the health or physical comfort of the community,
and that in consequence such trade or occupation should be prohibited or
regulated or such goods or merchandise should be removed or the keeping
thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is
likely to occasion configuration or explosion, should be prevented or stopped;
or
(d) that any building, tent or structure, or any tree is in such a condition that it
is likely to fall and thereby cause injury to persons living or carrying on business
in the neighbourhood or passing by, and that in consequence the removal,
repair or support of such building, tent or structure, or the removal or support
of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place
should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise
disposed of, such Magistrate may make a conditional order requiring the person
causing such obstruction or nuisance, or carrying on such trade or occupation,
or keeping any such goods or merchandise, or owning, possessing or
controlling such building, tent, structure, substance, tank, well or excavation, or
owning or possessing such animal or tree, within a time to be fixed in the order-
 19

(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such manner as
may be directed, such trade or occupation, or to remove such goods
or merchandise, or to regulate the keeping thereof in such manner as
may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the
disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to
remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner
provided in the said order, or, if he objects so to do, to appear before
himself or some other Executive Magistrate subordinate to him at a
time and place to be fixed by the order, and show cause, in the manner
hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in
question in any Civil Court.
Explanation-
A “public place” includes also property belonging to the State, camping
grounds and grounds left unoccupied for sanitary or recreative purposes.
Section 134:
Service or notification of order-
(1) The order shall, if practicable, be served on the person against whom it is
made, in the manner herein provided for service of a summons.
(2) If such order cannot be so served, it shall be notified by proclamation,
published in such manner as the State Government may, by rules, direct, and a
copy thereof shall be struck up at such place or places as may be fittest for
conveying the information to such person.
Section 135:
Person to whom order is addressed to obey or show cause-
The person against whom such order is made shall-
(a) perform, within the time and in the manner specified in the order, the act
directed thereby; or
(b) appear in accordance with such order and show cause against the same.
Section 136:
Consequences of his failing to do so –
If such person does not perform such act or appear and show cause, he shall
be liable to the penalty prescribed in that behalf in section 188 of the Indian
Penal Code (45 of 1860), and the order shall be made absolute.
 20

Section 137:
Procedure where existence of public right is denied-
(1) Where an order is made under section 133 for the purpose of preventing
obstruction, nuisance or danger to the public in the use of any way, river,
channel or place, the Magistrate shall, on the appearance before him of
the person against whom the order was made, question him as to whether
he denies the existence of any public right in respect of the way, river,
channel or place, and if he does so, the Magistrate shall, before
proceeding under section 138, inquire into the matter.
(2) If in such inquiry the Magistrate finds that there is any reliable evidence
in support of such denial, he shall stay the proceedings until the matter
of the existence of such right has been decided by a competent Court;
and, if he finds that there is no such evidence, he shall proceed as laid
down in section 138.
(3) A person who has, on being questioned by the Magistrate under sub-
section (1), failed to deny the existence of a public right of the nature
therein referred to, or who, having made such denial, has failed to adduce
reliable evidence in support thereof, shall not in the subsequent
proceedings be permitted to make any such denial.
Section 138:
Procedure where he appears to show cause-
(1) If the person against whom an order under section 133 is made appears and
shows cause against the order, the Magistrate shall take evidence in the matter
as in a summons-case.
(2) If the Magistrate is satisfied that the order, either as originally made or
subject to such modification as he considers necessary, is reasonable and
proper, the order shall be made absolute without modification or, as the case
may be, with such modification.
(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in
the case.
Section 139:
Power of Magistrate to direct local investigation and examination of an expert -
The Magistrate may, for the purposes of an inquiry under section 137 or section
138 -
(a) direct a local investigation to be made by such person as he thinks fit; or
(b) summon and examine an expert.
Section 140:
Power of Magistrate to furnish written instructions, etc.-
(1) Where the Magistrate directs a local investigation by any person under
section 139, the Magistrate may-
 21

(a) furnish such person with such written instructions as may seem necessary
for his guidance;
(b) declare by whom the whole or any part of the necessary expenses of the
local investigation shall be paid.
(2) The report of such person may be read as evidence in the case.
(3) Where the Magistrate summons and examines an expert under section 139,
the Magistrate may direct by whom the costs of such summoning and
examination shall be paid.
Section 141:
Procedure on order being made absolute and consequences of disobedience-
(1) When an order has been made absolute under section 136 or section 138,
the Magistrate shall give notice of the same to the person against whom the
order was made, and shall further require him to perform the act directed by the
order within a time to be fixed in the notice, and inform him that, in case of
disobedience, he will be liable to the penalty provided by section 188 of the
Indian Penal Code (45 of 1860).
(2) If such act is not performed within the time fixed, the Magistrate may cause
it to be performed, and may recover the costs of performing it, either by the sale
of any building, goods or other property removed by his order, or by the distress
and sale of any other movable property of such person within or without such
Magistrate’s local jurisdiction, and if such other property is without such
jurisdiction, the order shall authorise its attachment and sale when endorsed by
the Magistrate within whose local jurisdiction the property to be attached is
found.
(3) No suit shall lie in respect of anything done in good faith under this section.
Section 142:
Injunction pending inquiry-
(1) If a Magistrate making an order under section 133 considers that immediate
measures should be taken to prevent imminent danger or injury of a serious
kind to the public, he may issue such an injunction to the person against whom
the order was made, as is required to obviate or prevent such danger or injury
pending the determination of the matter.
(2) In default of such person forthwith obeying such injunction, the Magistrate
may himself use, or cause to be used, such means as he thinks fit to obviate
such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrate
under this section.
Section 143:
Magistrate may prohibit repetition or continuance of public nuisance-
 22

A District Magistrate or Sub-divisional Magistrate, or any other Executive

Magistrate empowered by the State Government or the District Magistrate in this
behalf, may order any person not to repeat or continue a public nuisance, as
defined in the Indian Penal Code (45 of 1860), or any special or local law.
C.—Urgent cases of nuisance or apprehended danger. Power to issue order in
urgent cases of nuisance or apprehended danger.
Section 144:
Power to issue order in urgent cases of nuisance or apprehended danger-
(1) In cases where, in the opinion of a District Magistrate, a Sub-divisional
Magistrate or any other Executive Magistrate specially empowered by the State
Government in this behalf, there is sufficient ground for proceeding under this
section and immediate prevention or speedy remedy is desirable, such
Magistrate may, by a written order stating the material facts of the case and
served in the manner provided by section 134, direct any person to abstain from
a certain act or to take certain order with respect to certain property in his
possession or under his management, if such Magistrate considers that such
direction is likely to prevent, or tends to prevent, obstruction, annoyance or
injury to any person lawfully employed, or danger to human life, health or safety
or a disturbance of the public tranquility, or a riot, or an affray.
(2) An order under this section may, in cases of emergency or in cases where
the circumstances do not admit of the serving in due time of a notice upon the
person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to
persons residing in a particular place or area, or to the public generally when
frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months
from the making thereof: Provided that, if the State Government considers it
necessary so to do for preventing danger to human life, health or safety or for
preventing a riot or any affray, it may, by notification, direct that an order made
by a Magistrate under this section shall remain in force for such further period
not exceeding six months from the date on which the order made by the
Magistrate would have, but for such order, expired, as it may specify in the said
notification.
(5) Any Magistrate may, either on his own motion or on the application of any
person aggrieved, rescind or alter any order made under this section, by himself
or any Magistrate subordinate to him or by his predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of
any person aggrieved, rescind or alter any order made by it under the proviso
to sub-section (4).
(7) Where an application under sub-section (5) or sub-section (6) is received, the
Magistrate, or the State Government, as the case may be, shall afford to the
 23

applicant an early opportunity of appearing before him or it, either in person or

by pleader and showing cause against the order; and if the Magistrate or the
State Government, as the case may be, rejects the application wholly or in part,
he or it shall record in writing the reasons for so doing.
It is observed, that:
1. Smart Cities of Ahmedabad, Gandhinagar, Vadodara, Rajkot, Surat and
Dahod, never constitute BMCs, whereas Ahmedabad Cantonment
formed BMC under pressure and complaint lodged against CE by name.
2. All animals other than human beings are not regulated, badly harassed
and tortured, neglected their five freedoms, upheld by the Constitutional
Bench of Hon’ble Supreme Court of India.
3. Its responsibility of all 6 Smart Cities, along with all local bodies, all
around Gujarat, to regulate community pets, and animal transportation,
under section 10 of the Prevention of Cruelty to Animals Act, 1960,
educating community under section 9(k) of said Act, installations of
scanners at each toll plaza, to prevent unnecessary pain and sufferings
to the animals. As per section 3 of the Prevention of Cruelty to Animals
Act, 1960, read with article 51A of Indian Constitution/ Gujarat Police
Act, 1951/ Gujarat Provincial Municipal Corporation Act 1949 / section
133 and 144 of the Code of Criminal Procedure, 1973, public servant
needs to perform bring public servant.
4. Regulate all community pet animals and birds, being biological
resources, from the jurisdiction of Local Bodies along with Panchyati
Raj Institutions, including Cantonments and 6 Smart Cities, in Gujarat.
5. Regulate human – animal rights, promoting co-existence, strengthening
social fabric and biodiversity, declaring Rich, Surplus, and Vermin
species of animals and birds.
Gujarat Biodiversity Board, is directed to ask, all BMCs in Gujarat, to place
agenda and approve, in case of Rich, Surplus, and Vermin species of animals
and birds – flora and fauna, including unclaimed – unproductive, public
nuisance, threat to public life and property, restoring 5 freedoms for animals.
Ask all DCs – DMs, to issue conditional orders, under 144 CrPC.
Brand Ambassador Viyana Berwal, under supervision of
Master Trainer in Animal Welfare to Govt. of India
Naresh Kadyan,
Chief National Commissioner,
Scouts & Guides for Animals & Birds,
National Authority for Animal Welfare,
OIPA: Indian People for Animals,
Retired Commissioner, Bharat Scouts and Guides, Haryana
C- 38, Rose Apartment, Sector- 14, Rohini, Delhi -110085.
WhatsApp: 9813010595, Email: kadyan.ipfa@gmail.com

Distributions:
National Biodiversity Authority via all BMCs in Gujarat, to place and
approve agenda as desired and report.
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