Section 35:
Treatment and care of animals.
(1) The State Government may, by general or special
order, appoint infirmaries for the treatment and care of animals in respect of which offences against
this Act have been committed, and may authorise the detention therein of any animal pending its
production before a magistrate.
(2) The magistrate before whom a prosecution for an offence against this Act has been instituted
may direct that the animal concerned shall be treated and cared for in an infirmary, until it is fit to
perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the
veterinary officer in charge of the area in which the animal is found or such other veterinary officer as
may be authorised in this behalf by rules made under this Act certifies that it is incurable or cannot be
removed without cruelty, that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate directs
that it shall be sent to a pinjrapole, or that it shall be destroyed, be released from such place except
upon a certificate of its fitness for discharge issued by the veterinary officer in charge of the area in
which the infirmary is situated or such other veterinary officer as may be authorised in this behalf by
rules made under this Act.
(4) The cost of transporting the animal to an infirmary or pinjrapole, and of its maintenance and
treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of
rates to be prescribed by the district magistrate, or, in presidency-towns, by the commissioner of
police:
Provided that when the magistrate so orders on account of the poverty of the owner of the animal
no charge shall be payable for the treatment of the animal.
(5) Any amount, payable by an owner of an animal under sub-section (4) may be recovered in the
same manner as an arrear of land revenue.
(6) If the owner refuses or neglects to remove the animal within such time as a magistrate may
specify, the magistrate may direct that the animal be sold and that the proceeds of the sale be applied
to the payment of such cost.
(7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner
within two months from the date of the sale, be paid to him.