THE PREVENTION OF CRUELTY TO DRAUGHT AND PACK ANIMALS RULES, 1965
(as amended up to 9th December, 1968)*
In exercise of the powers conferred by sub-section (2) of section 38 of the prevention of cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (i) of that section, namely: -
The Prevention of Cruelty to Draught and Pack Animals Rules, 1965
1. Short title and commencement
1 These rules may be called the Prevention of Cruelty to Draught and Pack Animals Rules, 1965.
2 They shall come into force in any state on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definitions
(1) In these rules, unless the context otherwise requires:-
(a) “Large bullock” or “Large Buffalo” respectively means a bullock or buffalo, the weight of which exceeds 350 kilograms;
(b) “Medium Bullock” or “Medium Buffalo” respectively means a bullock or buffalo, the weight of which exceeds 250 kilograms, but does not exceed 350 kilograms;
(c) “Small Bullock” or “Small Buffalo” respectively means a bullock or buffalo, the weight of which does not exceed 250 kilograms;
(d) “Street” includes any way, road, lane, square, ally or passage, whether a throughfare or not over which the public have a right of way;
(e) “Vehicle” means a wheeled conveyance of any description, which is capable of being used as such on any street.
(2) For the purposes of clauses (a), (b) and (c) of sub-rule (1), the weight of an animal shall be determined by applying any of the following formulae, namely:-
LengthxGirth
2 in cms = Weight of animal in kgms. (Or)
10838
9(Length in cms x Girth in cms
2) 1,00,000
3. Maximum loads for draught animals
(1) No person shall cause any animal specified in column 1 of the table below to draw a vehicle of the kind described in the corresponding entry in column 2 thereof if it carries a load in excess of the weight specified in the corresponding entry in column 3 thereof.
1 2 3
1. Small bullock or Two-wheeled vehiclesmall
buffalo
(a) if fitted with ball bearings -1000 Kgms.
(b) if fitted with pneumatic tyres -750 Kgms.
(c) if not fitted with pneumatic tyres -500 Kgms.
2. Medium Bullock Two-wheeled vehicleor medium buffalo
a) If fitted with ball bearings -1400 Kgms.
b) If fitted with pneumatic tyres -1050 Kgms.
c) If not fitted with pneumatic tyres -700 Kgms.
3. Large bullock or Two-wheeled vehiclelarge buffalo
(a) If fitted with ball bearings -1800 Kgms.
(b) If fitted with pneumatic tyres -1350 Kgms.
(c) If not fitted with pneumatic tyres -900 Kgms.
4. Horse or mule Two-wheeled vehicle
a) If fitted with pneumatic tyres -750 Kgms.
b) If not fitted with pneumatic tyres -500 Kgms.
5. Pony Two-wheeled vehicle-
(a) If fitted with pneumatic tyres -600 Kgms.
(b) If not fitted with pneumatic tyres -400 Kgms.
6. Camel Two-wheeled vehicle -1000 Kgms.
(2) Where the vehicle to be drawn is a four-wheeled vehicle, weight specified in column 3 of the said table shall, in each case, be read as being one and a quarter times and, if the four-wheeled vehicle is one fitted with pneumatic tyres, as being one a half times, as much as the weight so specified.
(3) Where the vehicle, whether two-wheeled or four-wheeled is to be drawn by two animals of either species referred to in each of the entries in column 1 of the said table, the weight specified in the corresponding entry in column 3 thereof small be read as being twice, and if the vehicle is one fitted with pnumatic tyres, as being two and a half times as much as the weight so specified.
(4) Where the route by which a vehicle is to be drawn involves an ascent for not less than one kilometer and the gradient is more than three meters in a distance of thirty meters, the weight specified in column 3 of the said table shall, in each case, be read as being one-half of what is so specified.
Explanation 1: The weights specified in this rule shall be inclusive or the weight of the vehicle.
Explanation 2: In calculating any weight for the purpose of this rule, fractions shall be disregarded
4. Maximum load for certain pack animals
No person shall cause any animal specified in column 1 of the table below to carry any load in excess of the weight specified in the corresponding entry in column 2 thereof.
1 2
1. Small bullock or buffalo 100 Kilograms
2. Medium bullock or buffalo 150 Kilograms
3. Large bullock or buffalo 175 Kilograms
4. Pony 70 Kilograms
5. Mule 200 Kilograms
6. Donkey 50 Kilograms
7. Camel 250 Kilograms
5. Maximum number of passengers for animal drawn vehicles
No person in charge of any vehicle drawn by any animal referred to in column 1 of the table under sub-rule (1) or rule 3 shall allow more than four persons, excluding the driven and children below 6 years of age, to ride on the vehicle.
6. General Conditions for use of draught and pack animals
No person shall use or cause to be used any animal for drawing any vehicle or carrying any load–
a. For more than nine hours in a day in the aggregate.
b. For more than five hours continuously without a break for rest for the animal
c. In any area where the temperature exceeds 37 degree C (99 degree F) during the period between 12.00 noon and 3.00 p.m.
7. Animals to be disengaged after work
No person shall continue to keep or cause to be kept in harness any animal used for the purpose of drawing vehicles, after it is no longer needed for such purpose.
8. Use of Spiked bits prohibited
No person shall, for the purpose of driving or riding an animal or causing it to draw any vehicle or for otherwise controlling it, use any spiked stick or bit, harness or yoke with spikes, knobs or projections or any other sharp tackle or equipment which causes or is likely to cause bruises, swellings, abrasions or severe pain to the animal.
9. Saddling of horses
No person shall cause a horse to be saddles in such a way that the harness rests directly on the animal’s withers without there being sufficient clearance between the arch of the saddle and the withers.
10. Certificates regarding unladen weight of vehicles, etc.:
(1) For the purpose of these rules, the Board may authorize any organization established for the purpose of preventing cruelty to animals or for promoting their welfare to issue to the owner of any vehicle which may be brought before it for examination, a certificate as to its unladen weight, and any certificate so issued may be accepted as evidence of the weight of such vehicle.
(2) Nothing contained in this rule shall be construed as being in derogation of any right conferred by any law for the time being in force authorizing any local authority to determine the unladen weight of any vehicle and to grant the necessary certificate or stamp the vehicle in this behalf.
11. Powers of police officers and other authorized persons
(1) If any police officer above the rank of a constable or any other person authorized in this behalf by the State Government or by the Board by general or special order has reason to belive that an offence against rule 3 or 4, has been or is being committed in respect of any animal referred to therein, he may, in any case where a weighbridge is available within a reasonable distance require the owner or other person in charge of such animal to take the animal or the vehicle or both to the weighbridge for the purpose of determining the weight of the load which the animal has been or is drawing or carrying.
(2) If the owner or other person in charge of the aforesaid animal refuses to comply with the demand of the police officer or other person as so authorised, it shall be lawful for such police officer or other person to take the animal or the vehicle or both to the weight bridge for the purpose aforesaid.
(3) As soon as any weight is determined under this rule, the owner or other person in charge of the said animal shall be given a statement in writing signed by the police officer or the person authorised as aforesaid, as the case may be, as to the weight so determined and any other information relevant for the purpose.
12. Application of rules where local bye-laws etc. exist
If there is in force in any area to which these rules extend, any rule, regulations or bye-law made under any law for the time being in force by any local authority in respect of any of the matters for which provision is made in these rules, such rule, regulation or bye-law shall, to the extent to which-
(Notified in the Gazette of India, Part II, Section 3, Sub-Section (ii), vide Government of India, Minister of Food and Agriculture, No. 9-18/62-LD. Dated 23rd March, 1965.)
* [Government of India, Ministry of Food and Agriculture, Community Development & Cooperation(
Department of Agriculture), Notification No.34-2/67-LD, III dated the 9th December, 1968.]