In this Act, unless the context otherwise requires,-- (a)
"animal"
means any living creature other than a human being; [1] [(b) "Board" means the Board established under section 4, and
as ?reconstituted from time to time under
section 5A;] (c) ??"captive animal" means any
anima!(not being a domestic animal) which is in captivity or confinement,
whether permanent or temporary, or which is subjected to any appliance or
contrivance for the purpose of hindering or preventing its escape from
captivity or confinement or which is pinioned or which is or appears to be
maimed; (d) ??"domestic animal" means any animal
which is tamed or which has been or is being sufficiently tamed to serve some
purpose for the use of man or which, although it neither has been nor is being
nor is intended to be so lamed, is or has become in fact wholly or partly
tamed; (e) ??"local authority" means a municipal
committee, district board or other authority for the time being invested by law
with the control and administration of any matters within a specified local
area; (f) ???"owner", used with reference to an
animal, includes not only the owner but also any other person for the time
being in possession or custody of the animal, whether with or without the
consent of the owner; (g) ??"phooka"or "doom dev"
includes any process of introducing air or any substance into the female organ
of a milch animal with the object of drawing off from the animal any secretion
of milk; (h) ???"prescribed" means prescribe by
rules made under this Act; (i) ???"street" includes any way, road,
lane, square, court, alley, passage or open space, whether a thoroughfare or
not, to which the public have access. [STATE AMENDMENTS [Karnataka [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."] It shall he the duty of every person having the care
or charge of any animal to take ail reasonable measures of ensure the
well-being of such animal and to prevent the infliction upon such animal of
unnecessary pain or suffering. [STATE AMENDMENTS [Karnataka [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."] (1)
If any person-- (a)
beats, kicks,
over-rides, over-drives, over-loads, tortures or otherwise treats any animal so
as to subject it to unnecessary pain or suffering or causes or, being the owner
permits, any animals to be so treated; or (b)
[4] [employs in any work or labour or for any purpose any animal
which, by reason of its age or any disease), infirmity, wound, sore or other
cause, is unfit to be so employed or, being the owner, permits any such unfit
animal to be so employed; or (c)
willfully and
unreasonably administers any injurious drug or injurious substance to [5] [any animal) or willfully and unreasonably causes or attempts to
cause any such drug or substance to be taken by [6] [
any animal); or (d)
conveys or carries,
whether in or upon any vehicle or not, any animal in such a manner or position
as to subject it to unnecessary pain or suffering; or (e) keeps or confines any
animal in any cage or other receptacle which does not measure sufficiently in
height, length and breadth to permit the animal a reasonable opportunity for
movement; or (e)
keeps for an
unreasonable time any animal chained or tethered upon an unreasonably short or
unreasonably heavy chain or cord; or (g) being the owner, neglects to exercise
or cause to be exercised reasonably any dog habitually chained up or kept in
close confinement; or (f)
being the owner
of [7] [any
animal], fails to provide such animal with sufficient food, drink or shelter;
or (g)
without reasonable
cause, abandons any animal in circumstances which render it likely that it will
suffer pain by reason of starvation or thirst; or (h)
?willfully permits any animal, of which he is
the owner to go at large in any street while the animal is affected with
contagious or infectious disease or, without reasonable excuse permits any
diseased or disabled animal, of which he is the owner, to die in any street; or (i)
offers for sale or,
without reasonable cause, has in his possession any animal which is suffering
pain by reason of mutilation, starvation, thirst, overcrowding or other
ill-treatment; or [8] [(j) mutilates any animal or kills any animal (including stray
dogs) by using the method of strychnine injections in the heart or in any other
unnecessarily cruel manner; or;] 5 [k) solely with a view to providing entertainment-- (l) ???confines or causes to be confined any animal
(including lying of an animal as a bait in a tiger or other sanctuary) so as to
make it an object of prey for any other animal; or (ii) ???incites
any animal to fight or bait any other animal; or] (m)6 [***] organises, keeps, uses or acts in the management of, any
place for animal fighting or for the purpose of baiting any animal or permits
or offers any place to be so used or receives money for the admission of any
other person to any place kept or used for any such purposes; or (n) ??promotes or takes part in any shooting match
or competition wherein animals are released from captivity for the purpose of
such shooting; he shall be punishable, [9] [in the case of a first offence, with fine which shall not be less
than ten rupees but which may extend to fifty rupees, and in the case of a
second or subsequent offence committed within three years of the previous
offence, with fine which shall not be less than twenty-five rupees but which
may extend to one hundred rupees or with imprisonment for a term which may
extend to three months, or with both.] (2)
For the purposes of
sub-section (1), an owner shall be deemed to have committed an offence if he
has failed to exercise reasonable care and supervision with a view to the
prevention of such offence: Provided that where an owner is convicted of
permitting cruelty by reason only of having failed to exercise such care and
supervision, he shall not be liable to imprisonment without the option of a
fine. (3)
Nothing in this
section shall apply to? (a)
the dehorning of
cattle, or the castration or branding or nose-roping of any animal, in the
prescribed manner; or (b)
the destruction of
stray dogs in lethal chambers or [10] [by
such other methods as may be prescribed]; or (c)
the extermination or
destruction of any animal under the authority of any law for the time being in
force; or (d)
any matter dealt with
in Chapter IV; or (e)
the commission or
omission of any act in the course of the destruction or the preparation for
destruction of any animal as food for mankind unless such destruction or
preparation was accompanied by the infliction of unnecessary pain or suffering. [STATE AMENDMENTS [Karnataka [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."] No person shall exhibit or train-- (i) any
performing animal unless he is registered in accordance with the provisions of
this Chapter ; (ii) as
a performing animal, any animal which the Central Government may, by
notification in the Official Gazette, specify as an animal which shall not be
exhibited or trained as a performing animal. [STATE AMENDMENTS [Karnataka [12] [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."] Nothing contained in this Chapter shall apply to-- (a)
the training of
animals for bona fide military or police purposes or the exhibition of any
animals so trained; or (b)
any animals kept in
any zoological garden or by any society or association which has for its
principal object the exhibition of animals for educational or scientific
purposes. [STATE AMENDMENTS [Karnataka [13] [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."] Nothing contained in this Act shall render it an
offence to kill any animal in a manner required by the religion of any
community. [STATE AMENDMENTS [Karnataka [14] [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."] [1]
Substituted, by Act 26 of 1982, section.2, for
clause(b) (w.e.f. 30-7-1982). [2]
Inserted by The Prevention Of Cruelty To Animals
(Karnataka Second Amendment) Act, 2017. [3]
Inserted by The Prevention Of Cruelty To Animals
(Karnataka Second Amendment) Act, 2017. [4]
Substituted by Act 26 of 1982, sec. 10, for certain
words (w.e.f. 30-7-1982). [5]
Substituted by Act 26 of 1982, sec. 10, for "any
domestic or captice animal" (w.e.f. 30-7-1982). [6]
Substituted by Act 26 of 1982, sec. 10, for "any
domestic or captice animal" (w.e.f. 30-7-1982). [7]
Substituted by Act 26 of 1982, sec. 10, for "any
captive animal" (w.e.f. 30-7-1982) [8]
Substituted by Act 26 of 1982, sec. 10, for clause (I)
(w.e.f. 30-7-1982). [9]
Substituted by Act 26 of 1982, sec. 16, for certain
words (w.e.f. 30-7-1982). [10]
Substituted by Act 26 of 1982, sec. 16, for "by
other methods with a minimum of suffering" (w.e.f. 30-7-1982). [11]
Inserted by The Prevention Of Cruelty To Animals
(Karnataka Second Amendment) Act, 2017. [12]
Inserted by The Prevention Of Cruelty To Animals (Karnataka
Second Amendment) Act, 2017. [13]
Inserted by The Prevention Of Cruelty To Animals
(Karnataka Second Amendment) Act, 2017. [14]
Inserted by The Prevention Of Cruelty To Animals
(Karnataka Second Amendment) Act, 2017.PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
(KARNATAKA AMENDMENT)