ANIMALS ACT

Arrangement of Sections

PART I

1. Short title.

PART II

Slaughter and Removal of Animals

2. Slaughter of cows and cow-calves prohibited.

3. Regulations.

3A. Power of Court to confiscate vehicles.

3AA. Care of animals against whom offences are committed.

3B. Power to compound offences.

3C. Transport permits in respect of removal of animals.

3D. Penalty for the offences committed under Part II.

3E. Offences under this Part to be cognizable.

PART III

Branding of Cattle

4. Omitted.

5. Cattle above age of eighteen months to be branded.

5A. Branding of animals in non-stipulated places, an offence.

6. Return of description and brand marks on cattle to be furnished to the Government Veterinary Surgeon by owners.

7. Duty of Government Veterinary Surgeon to maintain a cattle register and to issue cattle vouchers.

8. Cattle vouchers.

9. Power of Government Veterinary Surgeon to direct owner of an animal to brand with marks to indicate locality.

10. Appointment of branding officers.

11. Regulations.

PART IV

Trespass by Animals

12. Omitted.

13. Offence of permitting animals to trespass.

14. Power of the owner or occupier of any cultivated private land to seize and detain any animal trespassing on such land.

15. Power of a Government Agent or a person authorised by him to seize and detain animals trespassing on irrigation works, aerodromes, salterns, lines of railway or land appertaining thereto, public roads, public parks or State lands.

16. Persons authorised by a Government Agent to seize trespassing animals to be deemed to be public servants.

17. Remuneration of persons authorised by a Government Agent to seize trespassing animals.

18. Payment of penalty by the owner or person in charge of an animal which is seized by a person authorised by the Government Agent.

19. Liability of owner or person in charge of animal committing trespass which cannot be seized.

19A. Sale of unclaimed animals by public auction.

20. Interference with seizure of animals.

21. Driving of animals by persons into private lands, irrigation works, aerodromes, salterns, lines of railway or land appertaining thereto, public roads, public parks or State lands and not taking steps to prevent damage, an offence.

22. Seizure and shooting of animals which are in the habit of trespassing.

23. Destruction of Stray pigs or poultry.

24. Disposal of the carcasses of animals which are destroyed.

24A. Recovery of fine from the owner of animals that have trespassed.

25. Failure to pay damages, expenses or penalty an offence, and recovery of damages, expenses or penalty.

26. Regulations.

26A. Definition of certain terms for the purposes of this Part of this Act.

27. Omitted.

PART V

Castration and Breeding

28. Prohibition of the possession of certain male animals.

29. Issue of certificates by veterinary surgeons or authorised officers.

30. Tags to be attached to animals in respect of which certificates are issued.

31. Issue of false certificates by veterinary authorised officers.

32. Cancellation of certificates issued by Veterinary surgeons or authorised officers.

33. Power of veterinary surgeon or authorised officer to order the castration of any animal which is unfit for breeding.

34. Regulations.

PART VI

General

35. Power of Minister to make regulations.

36. Contraventions of the provisions of the Act or regulations made thereunder.

37. General penalty.

37A. Special provision regarding Jurisdiction to try certain offences.

37B. Government Veterinary Surgeons deemed to be peace officers.

38. Interpretation.

29 of 1958,

2 of 1969,

46 of 1988,

10 of 2009.

AN ACT to regulate the slaughter of animals; to enable the restriction, control or regulation of the removal of animals from one administrative district to another; to make provision for the branding of animals and for the issue of vouchers in respect of animals which have been branded and to regulate the sale and transfer of such animals; to provide for the seizure and detention of animals which commit trespass and for the assessment and recovery of damages for such trespass; to provide for measures for the improvement of the breed of animals; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: Parts I, II, III, IV and VI 20th August, 1962; Part V not in operation on 31st December, 1980]

PART I

1. Short title.

This Act may be cited as the Animals Act.

PART II

Slaughter and Removal of Animals

2. Slaughter of cows and cow-calves prohibited.

(1) No person shall slaughter, or cause or permit to be slaughtered, any cow (other than a cow imported for slaughter) unless that cow is certified by the appropriate authority to be—

(a) not less than twelve years of age, or

(b) incapable of breeding, or

(c) unfit to be used for any agricultural purpose, and except in accordance with such regulations as may be in force under this Act relating to the slaughter of cows.

In this subsection, "appropriate authority” means a Government Veterinary Surgeon or an officer nominated by him, in writing or a Veterinary Surgeon employed by any local authority or any other officer appointed by the local authority with the concurrence of the Director.

[S 2(1) am by s 2(a) of Act 46 of 1988.]

(2) No person shall slaughter, or cause or permit to be slaughtered, any cow-calf.

(3) In this section, "cow” includes a female buffalo and the expression "cow calf” shall be construed accordingly.

[S 2(3) ins by s 2(b) of Act 46 of 1988.]

3. Regulations.

Regulations may be made in respect of all or any of the following matters;

(1) the prohibition, restriction, control or regulation, of the transport of animals within, to or from, any administrative district;

[S 3(1) subs by s 3(1) of Act 46 of 1988.]

(2) the conditions subject to which the slaughter of animals may be permitted;

(3) the stoppage and examination of vehicles in which animals are being "transported”; and

[S 3(3) ins by s 2(3) of Act 10 of 1968; am by s 3(2) of Act 46 of 1988.]

(4) the establishment of checking stations at which any vehicles may be required to stop to enable the officer in charge of such station to examine the vehicle for the purpose of ascertaining whether any animals are being transported in contravention of any regulation made under this Part;

[S 3(4) ins by s 2(3) of Act 10 of 1968.]

(5) procedure to be observed in applying for permits for the transport of animals; and

[S 3(5) ins by s 3(3) of Act 46 of 1988.]

(6) prescription of tees in respect of transport permits.

[S 3(6) ins by s 3(3) of Act 46 of 1988.]

3A. Power of Court to confiscate vehicles.

Where any person is convicted of an offence under this Part or any regulations made thereunder, any vehicle used in the commission of such offence shall, in addition to any other punishment prescribed for such offence, be liable, by order of the convicting Magistrate, to confiscation:

Provided, however, that in any case where the owner of the vehicle is a third party, no order of confiscation shall be made, if the owner proves to the satisfaction of the Court that he has taken all precautions to prevent the use of such vehicle or that the vehicle has been used without his knowledge for the commission of the offence.

[S 3A ins by s 3 of Act 10 of 1968.]

3AA. Care of animals against whom offences are committed.

(1) Notwithstanding anything to the contrary in any other written law, where an offence in relation to an animal is committed and where such offence is brought to the notice of the Magistrate having competent jurisdiction, the Magistrate may, pending the determination of the case, make an interim Order to the effect that the animal against whom the offence has been committed—

(a) be handed into the custody of an Animal Care Centre approved by the Minister by Order published in the Gazette;

(b) be handed over to any non-governmental organisation whose primary objective is concerned with the welfare of animals; or

(c) be handed over to the custody of any person whom the court is satisfied, is

actively engaged in caring for animals.

(2) It shall be the duty of such Animal Care Centre, non-governmental organisation or person as the case may be, to care for such animal until the final determination of the proceedings.

(3) Where the person who committed the offence referred to in subsection (1) is convicted of such offence, the Magistrate shall in addition to the punishment he may impose in relation thereto—

(a) make order that the animal be confiscated; or

(b) make order that the animal be handed over to the owner of the animal, upon his establishing ownership of the animal and on the owner showing cause that the offence was committed or was sought to have been committed without his knowledge or connivance.

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