Section 10: Power of Board to Make Regulations

Overview

Section 10 of the Prevention of Cruelty to Animals Act, 1960, essentially gives the Animal Welfare Board of India (AWBI) the authority to create rules and regulations. However, the Board can’t just make these rules on its own; it needs permission from the Central Government *before* doing so. These regulations are meant to help the Board function effectively and achieve its goals of animal welfare.

Key Provisions

• Rule-Making Power: The AWBI is empowered to make regulations concerning its own administration and how it carries out its duties under the Act.
• Prior Approval: A crucial condition is that the Central Government’s approval is *mandatory* before the Board can implement any new regulations. This ensures government oversight.
• Scope of Regulations: The regulations can cover a wide range of issues related to animal welfare, as needed for the Board’s effective functioning.

Practical Impact

This section impacts the AWBI directly, allowing it to create specific guidelines for things like inspections of animal facilities, standards for animal care, and procedures for handling complaints of cruelty. It also indirectly affects anyone dealing with animals – from pet owners and livestock farmers to organizations running animal shelters – as they may need to comply with the regulations made by the Board. Government authorities benefit from having a framework established by the AWBI to enforce the Act.

Examples

• Example 1: The AWBI wants to establish a standardized format for reporting cases of animal cruelty to the police. Under Section 10, it drafts a regulation outlining the required information and reporting procedure. It then submits this regulation to the Central Government for approval. Once approved, all citizens and authorities are expected to follow this format when reporting cruelty.
• Example 2: A dispute arises regarding the minimum space requirements for animals in a commercial farm. The AWBI believes the existing guidelines are insufficient. It proposes a new regulation specifying detailed space requirements based on animal species and size. The Central Government reviews the proposal, considering scientific evidence and industry input, before granting or denying approval. If approved, farms must adhere to the new space standards.