Section 38 — Power to make rules.

38. Power to make rules.―(1) The Central Government may, by notification in the Official 

Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of 

this Act.  

(2) In particular, and without prejudice to the generality of the foregoing power, the Central 

Government may make rules providing for all or any of the following matters, namely:― 

(a) the 
1
*** conditions of service of members of the Board, the allowances payable to them 

and the manner in which they may exercise their powers and discharge their functions; 
2
[(aa) the manner in which the persons to represent municipal corporations are to be elected 

under clause (e) of sub-section (1) of section 5;] 

                                                           
1. The words “terms and” omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982). 

2.  Ins. by s.16, ibid.  (w.e.f. 30-7-1982). 



21 

 

(b) the maximum load (including any load occasioned by the weight of passengers) to be 

carried or drawn by any animal; 

(c) the conditions to be observed for preventing the over-crowding of animal; 

(d) the period during which, and the hours between which, any class of animals shall not be 

used for draught purposes; 

(e) prohibiting the use of any bit or harness involving cruelty to animals; 

 
1
[(ea) the other methods of destruction of stray dogs referred to in clause (b) of                     

sub-section (3) of section 11; 

(eb) the methods by which any animal which cannot be removed without cruelty may be 

destroyed under sub-section (3) of section 13;] 

(f) requiring persons carrying on the business of a farrier to be licensed and registered by such 

authority as may be prescribed and levying a fee for the purpose; 

(g) the precautions to be taken in the capture of animals for purposes of sale, export or for any 

other purpose, and the different appliances or devices that may alone be used for the purpose; and 

the licensing of such capture and the levying of fees for such licences; 

(h) the precautions to be taken in the transport of animals, whether by rail, road, inland 

waterway, sea or air and the manner in which and the cages or other receptacles in which they 

may be so transported.  

(i) requiring persons owning or in charge of premises in which animals are kept or milked to 

register such premises, to comply with such conditions as may be laid down in relation to the 

boundary walls or surroundings of such premises, to permit their inspection for the purpose of 

ascertaining whether any offence under this Act is being, or has been, committed therein, and to 

expose in such premises copies of section 12 in a language or languages commonly understood in 

the locality; 

(j) the form in which applications for registration under Chapter V may be made, the 

particulars to be contained therein, the fees payable for such registration and the authorities to 

whom such applications may be made; 

 
1
[(ja) the fees which may be charged by the Committee constituted under section 15 for the 

registration of persons or institutions carrying on experiments on animals or for any other 

purpose;] 

(k) the purposes to which fines realised under this Act may be applied, including such 

purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals; 

(l) any other matter which has to be, or may be, prescribed. 

(3) If any person contravenes, or abets the contravention of, any rules made under this section, he 

shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a 

term which may extend to three months, or with both.  
2
*   *   *   *   *