Section 5A: Reconstitution of the Board

Overview

Section 5A of the Prevention of Cruelty to Animals Act, 1960, deals with how the Animal Welfare Board of India (AWBI) is restructured. It ensures that the Chairperson and members of the Board don’t hold office indefinitely, but rather for a fixed period, leading to regular changes and fresh perspectives within the Board. This periodic reconstitution aims to keep the AWBI effective and responsive to evolving animal welfare needs.

Key Provisions

• Co-terminous Terms: The Chairperson and members of the AWBI now hold office for the same duration. This means their terms end at the same time, simplifying the reconstitution process.
• Periodic Reconstitution: The section mandates that the Board be reconstituted periodically. While the Act doesn’t specify *exactly* how often, the intention is clear: to avoid long-term, unchanging membership.
• Government Authority: The power to reconstitute the Board rests with the Central Government.

Practical Impact

This section impacts the functioning of the AWBI, the government, and indirectly, all stakeholders involved in animal welfare. By ensuring regular changes in leadership, it promotes accountability and prevents stagnation within the Board. It allows for the inclusion of new expertise and perspectives, potentially leading to more effective animal welfare policies and initiatives. For citizens, this means a more dynamic and potentially more responsive body overseeing animal welfare in India.

Examples

• Example 1: The initial term of the Chairperson and all members of the AWBI is five years (as per other sections of the Act). When this five-year term expires, the government is obligated to reconstitute the Board by appointing new members and a new Chairperson.
• Example 2: Suppose a member of the AWBI resigns mid-term. While the government may appoint someone to fill the vacancy temporarily, Section 5A ensures that the *entire* Board will still be subject to periodic reconstitution, meaning that even the replacement member will eventually need to be considered as part of a full Board renewal.