THE PREVENTION OF CRUELTY TO ANIMALS (KARNATAKA SECOND AMENDMENT) ACT, 2017
(Received the assent of the Governor on the 10th day of February 2018)
KARNATAKA ACT NO. 02 OF 2018
(First Published in the Karnataka Gazette Extra-ordinary on the 20th Day of February 2018)
An Act further to amend the Prevention of Cruelty to Animals Act, 1960 in its application to the State of Karnataka.
Whereas, it is expedient further to amend the Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960), in its application to State of Karnataka, for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-eighth year of the Republic of India, as follows:-
1. Short title and commencement.– (1) This Act may be called the Prevention of Cruelty to Animals (Karnataka Second Amendment) Act, 2017.
(2) It shall be deemed to have come into force with effect from the 20th day of July, 2017.
2. Amendment of section 2.- In section 2 of the Prevention of Cruelty to Animals Act, 1960 (Central Act 59 of 1960) (hereinafter referred to as the Principal Act),-
(i) after clause (a), the following shall be inserted, namely:-
“(aa) “Bulls race or Bullock cart race” means any form of bulls race including race of Bullock cart as a traditional sports involving Bulls whether tied to cart with the help of wooden yoke or not (in whatever name called) normally held as a part of tradition and culture in the state on such days and places, as may be notified by the State Government.”; and
(ii) after clause (d), the following shall be inserted, namely:-
“(dd) “Kambala” means the traditional sports event involving Buffalo’s (male) race normally held as a part of tradition and culture in the state on such days and places, as may be notified by the State Government.”
3. Amendment of section 3.- Section 3 of the principal Act, shall be re-numbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-
“(2) Notwithstanding anything contained in sub-section (1) conduct of “Kambala” or “Bulls race or Bullock cart race” shall be permitted, subject to condition that no unnecessary pain or suffering is caused to the animals, by the person incharge of that animal used to conduct “Kambala” or “Bulls race or Bullock cart race” as the case may be and subject to such other conditions as may be specified, by the State Government, by notification."
4. Amendment of section 11.- In section 11 of the principal Act, in sub-section (3), after clause (e), the following shall be inserted, namely:-
“(f) the conduct of “Kambala” with a view to follow and promote tradition and culture and ensure preservation of native breed of buffalos as also their safety, security and wellbeing.
(g) the conduct of “Bulls race or Bullock cart race” with a view to follow and promote tradition and culture and ensure preservation of native breed of cattle as also their safety, security and wellbeing.”
5. Amendment of section 22.- In section 22 of the principal Act, at the end, the following proviso shall be inserted, namely:-
“Provided that nothing contained in this section shall apply to conduct of “Kambala” or “Bulls race or Bullock cart race” as the case may be.”
6. Amendment of section 27.- In section 27 of the principal Act, after clause (b), the following shall be inserted, namely:-
“(c) the conduct of “Kambala” with a view to follow and promote tradition and culture and ensure survival and continuance of native breeds of buffaloes.
(d) the conduct of “Bulls race or Bullock cart race” with a view to follow and promote tradition and culture and ensure survival and continuance of native breeds of cattle.”
7. Insertion of new section 28A.- After section 28 of the principal Act, the following shall be inserted, namely:-
“28A. Savings in respect of "Kambala" or “Bulls race or Bullock cart race”.- Nothing contained in this Act, shall apply to “Kambala” or “Bulls race or Bullock cart race” conducted to follow and promote tradition and culture and such conduct of “Kambala” or “Bulls race or Bullock cart race” shall not be an offence under this Act.”
8. Repeal and savings.- (1) The Prevention of Cruelty to Animals (Karnataka Amendment) Ordinance, 2017 (Karnataka Ordinance No.1 of 2017) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the principal Act, as amended by the the said Ordinance, shall be deemed to have been done or taken under principal Act, as amended by this Act.
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