Notification, 2002

Text

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MINISTRY OF STATISTICS AND PROGRAMNM IMPLEMENTATION

NOTIFICATION

New Delhi, the 8th January, 2002

S.O. 35(E).—Whereas the draft Performing Animals (Registration) amendment Rules, 2001, were published, as required by Sub-section (1) of Section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), vide Ministry of Culture Notification No.

S.O. 1044(E), dated the 17th October, 2001 in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated the 17th October, 2001 and whereas objection and suggestions from all persons likely to be affected thereby were invited before the expiry of the period of thirty days from the date on which copies of the Gazette containing the said notification have been made available to the public;

And, whereas, copies of the said Gazette were made available to the public on the 17th October, 2001;

And, whereas no objection for suggestion has been received from the public in respect of the said draft rules by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1) and (2) of section 38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby makes the following rules, namely:-

1. (1) These rules may be called the Performing Animals (Registration) Amendment Rules, 200 1.

(2) They shall come, into force on the date of their publication in the Official Gazette.

2. In the Performing Animals (Registration) Rules, 2001 (hereinafter referred to as the said rules), in rule 2, for clause (g), the following clause shall be substituted, namely: '(g) "prescribed authority" means the Central Government, or such other authority including the Board or the State Government, as may be authorized by the Central Government;"

3. In the said rules, in rule 3, in sub-rule (1), the following proviso shall be added, namely:

"Provided that the race horses which have been registered by the owners with the Turf Authorities shall not, on intimation of such registration to the prescribed authority, require registration under this rule and the general conditions as specified in rule 8 shall apply to such registration subject to such other conditions as may be imposed by the prescribed authority".

4. In the said rules, in rule 8, in sub rule (1), -

(a) for the word "shall", the word "may" shall be substituted;

(b) in clause (xvii), -

(i) the words 'an air cushioned' shall be omitted;

(ii) for the figure and word "3 times", the words "eight times" shall be substituted,

(iii) after sub-clause (d), the following sub-clauses shall be inserted, namely:

"(e) each horse immediately after the race and again after a period of six hours but within eight hours of the race shall be subject to the veterinary inspection to check, for injuries.

(f) the horses shall be housed in stables admeasuring 12ft X 12ft with adequate 4cility for the horses to see each other with adequate provision for proper ventilation and protection against heat and an environmentally- friendly atmosphere as far as possible.";

(iv) the following proviso shall be added at the end, namely "Provided that if the whip is used more than eight times in race, the prescribed authority in consultation with the Turf Authorities shall decide, if the use of such whip in excess of the number specified, was for any reason to save the horse or the jockey from any accident, for the purpose of initiating any action under the Act.";

(c) in clause xx, at the end, the following shall be added namely:

"and the use of steroids shall be avoided as far as possible provided the steroids may be used if no other option is available to be supported by a veterinary prescription and the 'purchase of such steroids shall be from a duly authorized source.”;

(d) after clause xxiv, the following new clause shall be inserted, namely: “xxv. 'persons desirous of transporting horses from one place to another shall adhere to the following minimum norms to enhance conditions of travel as also safety of the horses, namely:-

(a) no horse shall be tied up in such a way that his head and neck movements are unnaturally restricted while travelling.

(b) all horses must be watered at least every four hours and provided adequate ration of hay during the journey lasting more than eight hours.

(c) adequate ventilation and free flow of fresh air in the vehicle shall be ensured during transport:

(d) rubber mats shall preferably be used for flooring instead of straw bedding.

(e) horses shall not be transported within twenty four hours of having raced.

(f) no horse shall be raced, where the period of journey exceeds, six hours, unless twenty four hours have elapsed since completion of the travel." FootNote:—The principal rules were published vide number

S.O. 267(E) dated, the 26th March, 2001.

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Prevention of Cruelty to Animals Act, 1960