Section 6: Term of Office and Conditions of Service of Members

Overview

Section 6 of the Prevention of Cruelty to Animals Act, 1960 deals with how long the members of the Animal Welfare Board of India serve and what the rules are regarding their positions. It clarifies the tenure for the Board after it’s been restructured and addresses what happens if a member leaves unexpectedly (a casual vacancy). It also confirms that certain members who are part of the Board by virtue of their official positions will continue to be members.

Key Provisions

• Tenure of Members: The section establishes the period for which members of the reconstituted Board will serve.
• Continuation of Ex-Officio Members: It ensures that members who are included on the Board because of their official roles (e.g., government representatives) continue to hold their positions.
• Casual Vacancies: The section outlines how any vacancies that arise unexpectedly (due to resignation, death, etc.) will be filled. The central government has the power to nominate someone to fill the vacancy until a permanent member is appointed.
• Conditions of Service: While not detailing *all* conditions, it establishes the framework for defining the terms and conditions under which Board members operate.

Practical Impact

This section ensures the Animal Welfare Board of India can function consistently. By clarifying the tenure and addressing vacancies, it prevents disruptions in the Board’s work of promoting animal welfare. For citizens, this means a more stable and effective body overseeing animal protection. For the government, it provides a clear legal basis for appointing and managing the Board’s membership. Businesses involved with animals (e.g., farms, pet shops) are indirectly affected as the Board’s regulations and oversight impact their operations.

Examples

• Example 1: The Animal Welfare Board of India is reconstituted in 2024. New members are appointed for a term of three years, as per the Act. This section confirms their term length.
• Example 2: A member of the Board, who is a Joint Secretary in the Ministry of Environment, Forest and Climate Change, is transferred to a different ministry. Because their position on the Board is *ex officio* (by virtue of their official role), they automatically cease to be a member. However, the Ministry immediately nominates another Joint Secretary to take their place, ensuring the Board maintains its representation from the Ministry.