PREVENTION OF CRUELTY TO ANIMALS
41. In this Part, unless the context otherwise requires, “animal” includes any beast, bird, fish, reptile or insect, whether wild or tame.
—(1) Any person who —
cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads, tortures, infuriates or terrifies any animal;
causes or procures or, being the owner, permits any animal to be so used;
being in charge of any animal in confinement or in the course of transport from one place to another neglects to supply the animal with sufficient food and water;
by wantonly or unreasonably doing or omitting to do any act, causes any unnecessary pain or suffering or, being the owner, permits any unnecessary pain or suffering to any animal;
causes, procures or, being the owner, permits to be confined, conveyed, lifted or carried any animal in such a manner or position as to subject it to unnecessary pain or suffering;
being the owner of any animal, abandons the animal without reasonable cause or excuse, whether permanently or not, in circumstances likely to cause the animal any unnecessary suffering or distress, or causes or permits the animal to be so abandoned;
employs or causes or procures or, being the owner, permits to be employed in any work of labour, any animal which in consequence of any disease, infirmity, wound or sore, or otherwise is unfit to be so employed; or
causes, procures or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any premises or place to be so kept, managed or used, or receives or causes or procures any person to receive money for the admission of any person to the premises or place,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; except where an owner is convicted of having permitted cruelty to an animal under subsection (2), he shall be liable to a fine not exceeding $10,000.
(2) For the purposes of subsection (1), an owner shall be deemed to have permitted cruelty to an animal, if he has failed to exercise reasonable care and supervision in respect of the animal.
(3) Nothing in this section applies to the commission or omission of any act in the course of the destruction, or the preparation for destruction of any animal as food, unless that destruction or preparation was accompanied by the infliction of unnecessary suffering.
—(1) Any authorised officer or any police officer may, without warrant —
arrest any person who, in his presence, commits an offence under section 42;
enter and search any premises in which he has reasonable cause for suspecting that an offence under section 42 has been or is being committed; and
seize any animal in respect of which, and any conveyance or article with or by means of which, that offence is reasonably suspected to have been committed.
(2) An authorised officer or a police officer acting under subsection (1)(b) may, if the circumstances so warrant, with such assistance as he thinks necessary, remove anything obstructing his entry to the premises or break open any door, window, lock, fastener, hold, compartment, box, container or any other thing.
(3) Any person arrested and any conveyance or article seized under subsection (1) shall immediately be taken to a police station.
(4) Any animal seized under subsection (1) shall be taken to a police station, pound, veterinary centre or any other place which the authorised officer or police officer thinks fit and may, subject to any order made in respect thereof by a Magistrate, be detained there until the accused has been tried by a court.
(5) No compensation shall be payable to any person in respect of any damage to his property caused or occasioned by any act authorised by subsection (2).
(6) Any authorised officer or any police officer may stop and examine in any street or public place any animal in respect of which he has reason to believe that an offence under section 42 has been or is being committed.
—(1) When any person has been convicted of an offence under section 42, the court may order —
that the animal in respect of which the offence was committed be taken to a veterinary centre or such other place as the court may specify and there detained and treated for any period stated in the order, or until released by further order of a Magistrate or until an authorised officer has certified in writing that it may properly be released;
that the animal be treated by an authorised officer or by a person licensed under section 53 to treat animals and not used during such period as may be stated in the order or until permission to use it has been given by a Magistrate or an authorised officer; or
if satisfied that the animal is incurably diseased or injured, that it be destroyed immediately by or under the direction of a police officer or an authorised officer and that the cost of burying or otherwise disposing of the carcase be borne by the person convicted.
(2) Where the court makes an order under subsection (1)(a), the person who has been convicted of an offence in respect of the animal shall be liable to pay the costs and expenses for its maintenance and treatment until it is declared fit for release or use.
(3) Without prejudice to subsection (1), where the owner of any animal is convicted of an offence under section 42, the court may, upon convicting him, if it thinks fit, in addition to any other punishment, deprive him of the ownership of the animal and make such order as to the disposal of the animal as the court thinks fit.
(4) The court shall not make an order under subsection (3) unless it is satisfied by evidence as to a previous conviction, or as to the character of the owner or otherwise, that the animal, if left with the owner, is likely to be exposed to cruelty.
(5) Any person who acts in contravention of the provisions of an order made under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
—(1) An authorised officer or a police officer who has satisfied himself by personal inspection or otherwise —
that an animal is diseased or injured and that the disease or injury from which the animal is suffering is incurable or that it is cruel to keep the animal alive; or
that an animal is so diseased or so severely injured or in such a physical condition that, in his opinion, having regard to the means available for removing the animal there is no possibility of removing it without cruelty and that it is cruel to keep it alive,
may give written directions requiring the animal to be destroyed and those directions may immediately be carried out by or under the supervision of that authorised officer or police officer or any other person authorised in that behalf by the authorised officer or police officer.
[21/93; 16/2000; 10/2002]
(2) If the animal so diseased or injured is in any house, stable, shed, or enclosure proper for that animal and not in a public thoroughfare, market or place, no written directions shall be given until the owner of the animal (if known) or person in charge (if any) has been duly notified of the state of the animal.
(3) If any animal is destroyed under written directions given under subsection (1), the expenses of the removal and burial of the carcase of the animal shall be paid by the owner or person in charge thereof and the amount thereof may be recovered from that owner or person in charge in a summary manner before a Magistrate.
No compensation for destruction of an animal incurably diseased or injured or destroyed at request of professed owner
46. No compensation shall in any case be payable to any person in respect of the destruction of any animal —
under an order made under section 44(1)(c);
under written directions given under section 45(1); or
in compliance with a request in writing to an authorised officer or a person in charge of a veterinary centre or such other place as provided for in section 44(1) by any person professing to be the owner of the animal.
47. The court before which any person is convicted of an offence under this Part may direct any fine or portion of any fine imposed and levied under this Act to be paid to the informer.
—(1) No person shall keep in captivity for sale, export or exhibition any animal or bird in any place which has not been licensed in that behalf under this Act.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.