Animals (Amendment) Act, No. 46 of 1988

Animo's (Amendment) A ct N o. Ui 0./ 1988 [Certified on :'lOth November, 1988] Ll),--O. 3/79 AN Acr TO HfR'ID THE Al'inlAIS Acr, No. 29 OF 1958 BE it enacted by the Par liament of the Democratic Socialist Republic of Sri Lanka as follows : L This Act may be cited as th e Animals (Amendment) Act. No 46 of 1988. 2 Section 2 oftbe Animals Act, No. 29 of 1953 (herein after referred to as the " principal enactment ") is hereby amended as follows :. (a) in subsection (1) of that flection , bv the substitution for th", words starting from " In this subsection 0, to "under t his subsection.", of the follo wing words t o In th is subsection. "appropriate authority" means a Government Veterinary Surgeon or an officer nominated by him, in writing or a Veteri nary Surgeon employed by any local authority or any other officer appointed by the local authority with the concurrence of the Director. ' ; (b) by the addition at the end of subsection (2) of that. section, of the following subsection : , (3) In this section, " cow" include s a female buffalo and the expression " cow calf' shall be construed accordingly. ' . a. Section a of the principal enactment as amended by Act No. 10 of 1968, is he reby further amended as Ifollows : (l) by the repeal of paragraph (1) thereof, and the substitution therefor of the following n ew paragraph : " (1) the prohibition. restriction. control or regulation. of the transport of animals within, to or from, any admin is t ra t ive district; " ; (2) in paragraph (3) thereof, by the substitution for t he words "transported ; and ", of the words " trans ported : " ; and 1:1\ by the insertion, immediately after paragraph (4) of the following new paragraphs .. *( (5) procedure, to be ob served in applying for pe rmits for the transport of animals; and Short title. Amendment of section 2 of Ar.t No. 2!1 of 1958. Amendmen t of 8ection 3 of the principal e nactment Arnendment of section 3B of the principal enactment. A T/.im als (A/tIi!'IIm,u'1tt) Act, No. 4G of 1988 (G) pre scr ipt ion of fees ill respect uf transport permits. " 4 Section Ss of the principal enactment is hereby amended as follows> (1) in subsection (1) uf that section. by the subst itution, for the words " or Agricultural Officer, ", of the words" or Gover nment Veterinary Surgeon, " ; and (2) in subsection (4) of that section, by the omission of a ll the words from "For the purpose of t hi s section ", to the words" (Farm Management and Production} . ". 5. The following new sections are hereby in serte d im mediately after section 31l a nd shall have effect as sections 3c a nd 3D of the principal enact ment .. Insertion oi new sections 31' atd 3D in the principal enactment. " Transport permi ts in respect c t removal or animals. OJfence~under t is Part to e congnteable. Sc. (I) No person shall t ra nsp ort any ani mal within, to, or from, any administrative district except under the authority of a trans. port permit issued by the Assista nt Govern ment Agent of a division of that Adm inis trative District, for that purpose. (2) Every application for a transport per mit shall be made to the Assistant Ilovem ment Agent of the division of that adminis t ra tive di st r ict within, or from, which any animal is to be transported, in such form as may be prescribed and shall be accompanied by t he prescribed fee. (3) Eve ry tran sport. permit sh all , unless it is cancelled earlier, be in force for a period of three mon ths from the date of its issue. 30, All offences under t his Part or any regulation ma de the r eu n der sh a ll b e cognizable offences for the purpose of the applica tion of the provision of the Code of Criminal Procedure Act, No. 15 of 1979, notwithstanding anything contained in the First Sched ule to tha t Act. ". Animals (Amendment) Act, No. 460/1988 J 6. Th e principal enactment is hereby a me nded by the insertion immediately after section ;; thereof of the follow. ing nCI\" section : j . Se ction 6 of the principa l enactment is hereby repealed and the fo llowing new section substituted there. fo r : I ''B randing of ammalsin 1I11l-stipulawd paces, an oftence. " Return of descnpticn and brand marks on ca ttle to be furnished to the Government Vel1rlnary Surgeon by owners , 5;,.. A person required u nder section 5 to have his ca ttle bra n ded shall not ca use such cattle to be branded in place.'; other t h an those specified in such regulations as may be in force un der t his Act rel atin g t o the branding of cattle. ". 6. Every person who has any cattle belon ging to him shall furnish, not later than the th ir ty-first day of January in each year, t o the Government Veterin ary Surgeon of t he area in which such catt le are kept, a return, in such for m as may be prescribed, of the description of, and the brand marks on, each head of such ca ttle. ". ~·nsertion of new sectton 54 in the principal enactment. Replacement of section 6 of t he principal enactment, 8. Section 7 of the principal enactment is hereby repealed a nd t he follow ing new section substituted there for ; Replacement of sect ion 7 of the principal enactment , "Duty of Government Veterinarv Surgeon to ma inta in a ,at'le register and to Issue cattle vouchers. 7. Every Government Vete r in ary Sur geon :;hall (a ) maintain , III such form as may be prescribed, a register of the descrip tion of, and t he brand marks on, cattle within his area ; and (b) issue, or cause to be issued, to the owner 01 cattle branded in accor dance with such regulations as may be in for ce under this Act relating to the branding of cattle a voucher in the prescribed form in respect of each head of such cattle .". Replacement (J f se ction 9 (tf the princip~1 enactment. oj Aninuds (AN/em/menl) A q,. No. 46 of 1988 9. Section 9 of the principal enactment is hereby repealed and the following new section subst ituted therefor ; .' Powe r of Government Veteriufy Surgeon to direct owner of an ani m..] to br""d with muk. to indicate !'leality. 9. IThe Government Veterinary Surgeon of any area may, if he considers it necessary, direct the owner of any animal to have that animal branded, with in such time as he nuy specify, with such othe r marks a s he may r equire so a s to indicat e the locality in which that animal is kept a nd such cwner shall carry out such direction.". Amendment of a -et ten 18 of the principal r-nactm nm. 19. Section 18 of t he principal enactmen t is hereby amended in subsection (1) thereof, by the substitution tOI the words" five r up ees. ", of t he words , " one hundred "rupees. . 11 . The principal enactment is hereby amended by thl insertion, immediately after section 19, of the fo llowing new section: insertion of new seelion 19A in th o prim ipal rnactment. " Sale of uncbimed animal. by p ubl ic auction. 19A. Where any animal which has beer seized, tied up and detained under sections 11 and 15, is not claime d by its owne r or an' • person on behalf of the 'owner, within thirty days of the date of such seizure and deten tion, it shall be sold by public a uction by a person authorized in t hat beh alf by the Gove rnment Agent of the administra tive distr ict in which the animal IS detained a nd (e] III any case where the sale is in respect of an animal detained fo r trespassing on private la nd, the amount of t he damages occasstoned by the trespass a nd asses s ed in t he p r e scribe d manner and the fair expenses 0/ maintenance of t hat animal during the period of detention shall be paid to the owne r or occupier of such land, out of t he proceeds of such sale, and the balance, if any, shall be credited to the Consolidated Fund ; ~-----------------~I Animals (Amendment) Act', No. 46 of 1988 3 (b) in any case where the sal e I S In re spect of an an imal trespassing- on a ny land other than priva te la nd. th e proceeds of sa le , shall be credited to the Consolidated Fund. ". 12. Section 24 of the princ ipal e nactmen t is he reby repealed a nd t he following ne w section substituted there f o ri 13. The pr mcipal enactment is hereby amended by the insertion immediately after section 24, of the followin g new sect ion ; "Di8p08Ul or the carc!s~es of anima s which arc demo yed. " Recovcrv of fine from " the owner of animals that have trespassed. 2·1. The owner of every animal shot or otherwise destroyed un der the provisions 01 section 22 or section 23 shall be en titled to remove th e ca rc ass of the animal, and if no claim to the carca ss is made by a ny person enti tled to remove it, the carcass shall be sold by public auction by an officer autho eteed in wr iting in th at behalf by the Government Veterina ry Surgeon of the area in which the animal wa s shot or otherwise destroye d and the proceeds of such sale he credited to the Consolidated Fund." . 24A. (1) Where any animal is se ize d and deta ined u nder section 14 or se ction 15, t he Gove r nme n t Agent of t he administr a t ive district in which such animal is detained shall by notice in writ ing, require the owner or person in charge of the animal to pay any sum due from him as da mage or expenses under that section t o such Government Agent within such per iod as may be specified in such notice. (2) Any sum paid to a Government Agent under subsection (I) shall (a.) in any case where such sum h as been paid on account of damages to a private land , be t ru nsm itcd by him to t he owner or occupier of SUch private land ; 01' Replac~ment (of section 24 of the pri ncipa l enactment Insertion of new section 24A in the pr in cipal enactment. Amendm ent of section 25 of the principal enactment Amend ment of section 37 of the prindpal {·nnctment. 'b Animals (Amen dment) Act, No. 46 of 1988 (b) in any case where such sum has been paid on account of a tresspass to any land other than a private land, be credited by him to the Consoli dated Fund, ". 14, Section 25 of the principal enactment is hereby amended in subsection (1) thereof, by the substitution for the words "twenty rupees," of the words "one hundred.. 15. Section 37 of the principal enactment is hereby amended by the substitution, for ' all the words from "be liable to" to " not exceeding tw o months. ", of the follow 109 ; ., be liable to a fine not exceeding two hundred and fifty rupees or to simple imprisonment for a term not exceeding two mon th s, and for a second or subsequent offence to a fmc not exceeding one thousand r upees or to simple im prisonment for a t er m not exced ding six months. ". 16. The following new section is hereby inserted imme diately after section 37A, and shall have effect as section 370 of th e principa l enactment : Insertion (Of new section 37E in the principal enactment '< Government Veteri nary Surgeons deemed to be peace officers . 371l. Every Government Veterinary Sur veon shall be deemed to be a peace officer within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979. for the pur pose of exercising in relation to any offence under t his Act, anv power conferred on a ceace officer by that Act. ''. Amendment of section 38 of the principal enactment. 17. Section 38 of the principal enactment IS hereby amended tiS follows : (a) by the substitution, for the definition of " a nima l ", of the following new definition : * ,. animal" means neat cattle (ela haraka) or a buffalo and in Part IV, includes a sheep, goat, pig or poultry; '; (b) by the substitution, for the definition of " branding ' ', of the following new definition .. , " branding" includes ear tagging, ear tattooing, the marking of distinguishing letters or num bers with chemicals, freeze branding or ear notch ing ; , : Anima ls (Amendmelll) Act, No. 46 of 1988 ", (c) by the substitu t ion, for the definition of " Director ", of the following new definit ion : I •• Director " m e a n s t h e D i r e ct o r of Ani m a! Production and Health ;,: (d) by the substitution, for the definition of " Vet eri nary Surgeo n ", of the following defini tion : " Veterina ry Surgeon I' means 3 Veter ina ry Surgeo n registered under the Veterinary Surgeons a nd Pr act itioners Act , No. 46 of 1956. ' ; and (e) " cattle " in Par ts II and III mea ns neat cattle or buffalo.