What is ANIMALS (AMENDMENT) ACT 2013?

ANIMALS (AMENDMENT) ACT 2013 is Malaysia Amendment Act, cited as Amendment Act A1452 2013, currently marked in force and first recorded in 2013.

Is ANIMALS (AMENDMENT) ACT 2013 still in force?

Yes — ANIMALS (AMENDMENT) ACT 2013 is currently in force.

When did ANIMALS (AMENDMENT) ACT 2013 take effect?

ANIMALS (AMENDMENT) ACT 2013 was first recorded in 2013.

How many sections does ANIMALS (AMENDMENT) ACT 2013 have?

ANIMALS (AMENDMENT) ACT 2013 contains 102 sections.

Where can I read the official version of ANIMALS (AMENDMENT) ACT 2013?

The official text of ANIMALS (AMENDMENT) ACT 2013 is published at lom.agc.gov.my.

ANIMALS (AMENDMENT) ACT 2013 (A1452)

PRELIMINARY

Short title

Section 1

This Act may be cited as the Animals Act 1953.

Section 2

Interpretation

(1)

In this Act, unless the context otherwise requires—

“aircraft” includes any kind of craft which may be used for the conveyance of animals or birds by air;

“animal” includes horses, cattle, sheep, goats, swine, dogs, cats and any four-footed beast kept in captivity or under control, of any age or sex;

“animal quarantine station” means a quarantine station established under section 80;

10 Laws of Malaysia ACT 647

“bird” includes domestic fowls, ducks, geese, turkeys, guinea fowls and pigeons of any age or sex and their eggs;

“building” includes any house, hut, shed, stable or enclosure, whether roofed or not, used for sheltering or confining any animal or bird and any pen, cage, wall, gate, pillar, post, paling, frame, hoarding, fence, platform, roadway, path, steps, staging, slip, wharf, dock, piles, jetty, landing stage or bridge, or any structure connected with the foregoing;

“bull” means a male of any species of cattle;

“carcass” means the dead body of an animal or bird and includes any part thereof and the meat, bones (whether whole, broken or ground), offal, hide, skin, wool, hair, feathers, hoof, horns or other part of an animal or bird, separately or otherwise, or any portion thereof;

“cat” means a domesticated cat of any breed or sex;

“cattle” means bulls, cows, oxen, heifers and calves and includes buffaloes of any age or sex;

“contact” means any animal or bird which has by contact direct or indirect with a diseased animal or bird been exposed to the risk of contracting a disease;

“Director General” means the Director General of Veterinary

Services appointed under section 3 and includes the Deputy Director

General appointed under the same section;

“disease” means any disease infectious or contagious amongst animals or birds and includes anthrax, blackquarter, cattle plague

(rinderpest), contagious pleuro-pneumonia, contagious abortion, tuberculosis, epizootic lymphangitis, foot and mouth disease, glanders and farcy, goat pox, haemorrhagic septicaemia, rabies, sheep pox, swine fever, swine erysipelas, trypanosomiasis, avian pneumoencephalitis (Ranikhet disease), bacillary white diarrhea

(pullorum disease), fowl cholera, fowl plague, fowl pox, infectious laryngotracheitis and any other disease which the Minister may from

Animals 11

time to time, by notification in the Gazette, declare to be a disease

within the meaning of this Act;

“dog” means a domesticated dog of any breed or sex;

“enforcement officer” means an enforcement officer appointed under the Malaysian Quarantine and Inspection Services Act 2011

[Act 728];

“entry point” has the same meaning assigned to it under the

Malaysian Quarantine and Inspection Services Act 2011;

“examine”, with its grammatical variations and cognate expressions, includes the carrying out of any tests and post-mortem examination, after exhumation of the carcass (if necessary);

“fodder” means any substance used for food of animals or birds;

“horse” includes any mare, gelding, pony, foal, colt, filly, ass or mule;

“infected” means infected with any disease;

“litter” means any substance used for bedding or otherwise for or about animals or birds;

“MAQIS” means the Malaysian Quarantine and Inspection Services as provided under the Malaysian Quarantine and Inspection Services

Act 2011;

“MAQIS Act” means the Malaysian Quarantine and Inspection

Services Act 2011;

“master” means the captain of any ship or aircraft and includes any person for the time being in charge of any ship (other than a pilot) or aircraft;

NOTE — For other diseases declared by the Minister–see APPENDIX.

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“Minister” means the Minister charged with the responsibility for animal husbandry;

“offence against this Act” means any contravention of or failure to comply with any of the provisions of this Act or of any order, rule or direction made or given under it;

“officer of customs” has the same meaning as in the Customs Act 1967 [Act 235];

“owner” includes any person for the time being in charge of any animal or bird and any person for the time being in occupation of any building;

“quarantine” means the compulsory detention in isolation of any animal, bird or thing;

“quarantine station” means any building or place where quarantine is carried out and includes an examination station or hulk, and for the purposes of conducting quarantine under MAQIS Act, has the same meaning assigned to it under the Act;

“ship” includes every description of vessel or craft, however propelled, which may be used in navigation by water;

“State Director” means the State Director of Veterinary Services appointed under section 3;

“vaccine” includes any culture or living preparation of the causative agent of any disease;

“veterinary authority” means the Director General of Veterinary

Services, the Deputy Director General of Veterinary Services and any

State Director or Veterinary Services and any State Director of

Veterinary Services, any Veterinary Officer, Deputy or Assistant

Veterinary Officer and includes any person appointed in writing by the Director General of Veterinary Services, the Deputy Director

General of Veterinary Services and any State Director of Veterinary

Services, to be a veterinary authority under section 3;

Animals 13

“veterinary centre” has the meaning assigned to it in section 82;

“veterinary police officer” means any member of the Police Force acting under the direction of a veterinary authority

Section 3

Appointment of officers

(2)

The Ruler or Yang di-Pertua Negeri of a State may appoint a

State Director of Veterinary Officer and as many Veterinary Officers,

Deputy and Assistant Veterinary Officers as he may consider necessary for the purposes of this Act.

(3)

The Director General of Veterinary Services, the Deputy

Director General of Veterinary Services and any State Director of

Veterinary Services may appoint any person in writing to be a veterinary authority for all the purposes of this Act or for such of the purposes of this Act as he shall specify in so appointing such person, and such person shall, for the purposes of this Act in respect of which he is so appointed, be deemed to be an officer appointed under this

Act.

(4)

All officers appointed under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Identification card to be produced

Section 4

(2)

It shall not be an offence for any person to refuse to comply with any request, demand or order made or given by any officer appointed under this Act, or by any officer of customs or police officer not in uniform, who fails to declare his office and refuses to produce his identification card on demand being made by such person.

IMPORTATION AND EXPORTATION OF ANIMALS

AND BIRDS

Importation

Power to make orders with regard to importation

Section 5

(a)

specifying the countries or the parts of any country from which animals and birds, or any specified kinds of animals or birds, may be imported, either with or without restriction; and

(b)

prohibiting, either absolutely or conditionally, the import from any specified country or any specified part of a country of any carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance that is likely to convey or spread disease.

(2)

Any person who contravenes any order made under paragraph

(1)

(b)

commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

No person to import any animal or bird without licence

Section 6

Except as specifically provided in any order made under paragraph 5(1)(a), no person shall import any animal or bird except

Animals 15

in accordance with a licence in that behalf issued by the Director

General of Quarantine and Inspection under MAQIS Act.

Section 6A

No person to import carcass, product of animals or birds, etc., without permit

Except as specifically provided in any order made under paragraph 5(1)(b), no person shall import any carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance that is likely to convey or spread disease except in accordance with a permit in that behalf issued by the Director

General of Quarantine and Inspection under MAQIS Act.

Section 7

Examination and detention of imported animals and birds

All animals and birds imported or about to be imported shall be examined by an enforcement officer at the entry points, quarantine stations or quarantine premises in accordance with MAQIS Act.

Section 8

Arrival of animals to be reported

(2)

Any person who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

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Importation of diseased animal or bird and contact

Section 9

(a)

refuse to permit such animal, bird or carcass or any contacts thereof to be landed or removed;

(b)

cause such animal, bird or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance and any contacts thereof to be destroyed at once and the carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance to be disposed of in such manner as he may direct; or

(c)

cause such animal, bird or carcass and any contacts thereof to be detained in quarantine for such period as he may consider necessary.

(2)

If any animal or bird or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance is destroyed under paragraph (l)(b) the expense of disposing it shall be payable by the owner or person in charge.

(3)

No compensation shall be payable in respect of any animal or bird or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance destroyed under this section.

(4)

For the purpose of paragraph (1)(b), the destruction and disposal shall be conducted without undue delay in accordance with the procedures prescribed under MAQIS Act.

Animals 17

Dogs and cats on board ship

Section 10

(2)

If any dog or cat dies or is lost from a ship in any port the master of the ship shall immediately notify the veterinary authority of such death or loss through the MAQIS office.

(3)

The master of any ship who contravenes subsection (1) or (2)

commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Destruction of injured animals or birds

Section 11

(1A)

The destruction and disposal under subsection (1) shall be conducted without undue delay and in accordance with the procedures prescribed under MAQIS Act.

(2)

If any animal or bird is destroyed under this section the expense of disposing of the carcass of any animal or bird shall be payable by the owner or person in charge.

(3)

No compensation shall be payable in respect of any animal or bird destroyed under this section.

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Permission to land carcass

Section 12

(2)

Any person who contravenes subsection (1) or fails to comply with any direction given by an enforcement officer as to the manner of disposal of carcass commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Destruction or disinfection of certain articles

Section 13

(2)

The destruction and disinfection under subsection (1) shall be conducted without undue delay and in accordance with the procedures prescribed under MAQIS Act.

No person to export any animal or bird or its carcass without licence

Section 14

No person shall export any animal, bird or its carcass except in accordance with a licence in that behalf issued by the Director

General of Quarantine and Inspection under MAQIS Act.

Section 14A

No person to export carcass, product of animals or birds, etc., without permit

No person shall export any carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance that is likely to convey or spread disease except in accordance with a permit

Animals 19

in that behalf issued by the Director General of Quarantine and

Inspection under MAQIS Act.

Section 15

(Deleted by Act A1452).

Section 16

Examination before exportation

Every animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance which is about to be exported may be required to undergo an examination by a veterinary authority at such place as the veterinary authority may appoint.

Section 17

Diseased animal or bird, or carcass, etc., not to be exported

Upon the examination by a veterinary authority as required under section 16, if any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance which is about to be exported is in the opinion of the veterinary authority to be infected with any disease or likely to have been in contact with any infected or diseased animal, bird or carcass or any other infected articles or materials, the veterinary authority may refuse to permit such animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance thereof to be exported.

PREVENTION OF THE SPREAD OF DISEASE

General

Examination for animals or birds suspected of disease

Section 18

(2)

For the purpose of carrying out any examination or test under subsection (1) the veterinary authority may order that the animal, bird or carcass be delivered to him at a specified place and time, and no such animal, bird or carcass shall be removed from such place without the permission of the veterinary authority:

Provided that no person shall be required to deliver any animal, bird or carcass at any place more than three miles from the place at which such animal is kept.

(3)

Any person who fails to comply with any order made under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Destruction of diseased animal or bird

Section 19

A veterinary authority may order the immediate isolation or destruction of any animal, bird or carcass found or reasonably believed to be infected with disease or suspected to have been in contact with a diseased animal or bird, or infected carcass or material, whether as a result of examination or test made under section 18 or otherwise.

Section 20

Compensation for any animal or bird destroyed

(2)

There shall be payable as compensation to the owner in respect of any animal, bird or carcass reasonably believed to be infected with disease which has been destroyed by order of any

Animals 21

veterinary authority such sum as may be assessed by the State

Director and approved by the Chief Minister of the State.

Post-mortem examination

Section 21

(2)

A veterinary authority may order the carcass of an animal or bird which has been buried to be exhumed for the purpose of such post-mortem examination.

(3)

Any person who fails to comply with any order made under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Diseased and contact animals and birds

Section 22

(2)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Disinfection of stables, etc.

Section 23

(2)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Destruction of stables, etc.

Section 24

(2)

If an order made under subsection (1) is not complied with within the specified time the veterinary authority may cause such stable, shed, pen, cage or place to be destroyed and the materials to be burned.

(3)

The veterinary authority shall make a report to the Chief

Minister of the State upon every order made under this section and the Chief Minister may in his discretion give or withhold compensation for any stable, shed, pen, cage or place so destroyed.

(4)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Disinfection or destruction of articles

Section 25

(2)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Disinfection of person and clothing

Section 26

Animals 23

(2)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Disinfection of vehicles

Section 27

(2)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Disposal of infected animal, bird or carcass

Section 28

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Section 29

(Deleted by Act 147).

Section 30

Licences to possess culture or vaccine

(2)

No person other than a veterinary authority or registered medical practitioner for the bona fide purpose of his profession shall have in his possession any such culture or vaccine or shall inoculate any animal or bird with such culture or vaccine unless licensed in that behalf.

(3)

Any person who—

(a)

has in his possession any culture or vaccine contrary to this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit; and

(b)

inoculates any animal or bird contrary to this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Owner of diseased or dead animal or bird to report

Section 31

(2)

Every owner or person in charge of any animal or bird reasonably suspected to have died of disease shall immediately report such death to the veterinary authority or the nearest Police Station, penghulu or penggawa and, in the case of an animal, the carcass shall not be moved without permission from the veterinary authority or officer in charge of such Police Station:

Provided that it shall not be an offence to bury the carcass of such animal if no instructions have been received within twenty-four hours of making such report or where through distance, difficulty of terrain or of communications the report cannot be made within twenty-four hours.

(3)

The officer in charge of a Police Station, a penghulu or penggawa who receives a report made under subsection (1) or (2)

shall immediately forward, by telephone or telegram where possible, any such report to the nearest veterinary authority, confirming such report by a written communication to the State Director.

(4)

Any person who—

(a)

fails to make a report as is required under this section commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit;

(b)

fails to cause any animal or bird to be confined and isolated as is required under subsection (1) or permits the carcass of an animal to be moved contrary to subsection

(2)

commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Special Provisions relating to Animals (other than

Dogs and Cats) and Birds

Application

Section 32

Animals 25

Sections 33 to 37 shall not apply to dogs and cats.

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Section 33

Disposal of dead animal or bird

(2)

Any person who fails to comply with any direction given under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Moving or disposal of diseased or suspected animals

Section 34

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Removal of articles from infected premises

Section 35

(2)

Any person who fails to comply with an order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

Infected area, disease control area and disease eradication area

Section 36

Whenever there is reasonable cause to believe that—

(a)

any disease exists amongst any animals or birds in any

State or part of a State;

(b)

any disease is likely to be introduced into any State or part of a State; or

(c)

it is desired to control or eradicate any disease from any

State or part of a State, the Chief Minister may issue an order declaring such State or part of a State to be an infected area, a disease control area or a disease eradication area for the specified disease as the case may be, and may by the same or subsequent order—

(i)

prohibit either absolutely or conditionally the removal into or out of such area any animal, bird or carcass of any animal or bird;

(ii)

prohibit either absolutely or conditionally the slaughter of any animal or bird within such area;

(iii)

prohibit either totally or conditionally the sale of any carcass within such area;

(iv)

prohibit the keeping of carcass or the keeping or rearing of any animal or bird within such area;

(v)

impose conditions as to the cleansing and disinfection of market places, slaughter houses, abattoirs or any other places, or of baskets, crates, lorries and any other container or vehicle in which animals or birds have been kept or carried;

(vi)

require the production of animals or birds for examination (including the taking of blood, milk, urine or other substance from such animals or birds), vaccination and the tattooing or otherwise marking of such animals or birds;

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(vii)

prohibit the keeping or rearing of any animal or bird in the whole or part of the area;

(viii)

notwithstanding any other provisions of this

Act or regulations made under it, withdraw any licence or permit for the importation of any animal, bird or carcass issued under this Act or impose any further conditions on such licences or permits;

(ix)

impose any other conditions or make any provisions that may be necessary to prevent the introduction or spread of or to control or eradicate such disease.

(2)

Subject to subsection (1) when an area has been declared to be an infected area, a disease control area or a disease eradication area the State Director may issue such order not inconsistent with any order made under subsection (1) to regulate the tying-up isolation, segregation, movement or slaughter of animals or birds or to carry out other prophylactic measures or the tattooing or otherwise marking of animals or birds within the area as he may deem necessary to control and check the spread of or to eradicate the disease and in the event of any owner or person in charge of any animal or bird failing to comply with such order the State Director may take such steps as are necessary to effectively isolate or segregate such animal or bird and all expenses incurred thereby shall be recoverable from the owner or person in charge or both.

(3)

Every order made under subsection (1) or (2) shall be published in the State Gazette, but shall come into operation immediately upon the making of the order.

(4)

Any animal or bird found straying within an infected area, a disease control area or a disease eradication area in contravention of an order given under subsection (1) or (2) may be destroyed immediately by a veterinary authority or may be dealt with in accordance with section 68 of this Act .

Animals 29

(5)

Any animal, bird or carcass which is slaughtered, moved or offered for sale or sold in contravention of an order given under subsection (1) or (2) may be ordered by a veterinary authority to be destroyed immediately or may be dealt with in accordance with section 68 of this Act .

(6)

For the purpose of carrying out any test, vaccination or prophylactic treatment under subsection (2) a veterinary authority may order that the animals or birds be delivered to him at a specified place or time and no such animal or bird shall be removed from such place without the permission of the veterinary authority.

(7)

Any person who fails to comply with any order made under subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit.

(8)

No compensation shall be payable for any animal, bird or carcass destroyed or seized under this section.

Special permits

Section 37

Animals 27

The State Director may grant, subject to such conditions as he may consider advisable, permission to the owner of any animal or bird to remove it into or out of any infected area.

Special Provisions relating to Dogs and in connection with Rabies

Section 38

Licensing

(2)

Dogs shall be licensed only in the manner prescribed before 31 January each year or on reaching the age of three months or within fourteen days after arrival in Peninsular Malaysia or within fourteen days of the cancellation of an Anti-rabies Vaccination Order made

30 Laws of Malaysia ACT 647

under section 42, whichever is the later, and such licence shall remain in force until 31 December of the year in respect of which such licensing was effected.

(3)

Dogs may be licensed at any Post Office in the State in which they are normally kept or at such other places as may be prescribed.

(4)

The Minister may prescribe the fee for the licensing of a dog.

(5)

On receipt of the prescribed fee the licensing authority shall supply the owner of the dog with a serially numbered metal badge.

(6)

The owner of every licensed dog shall provide a collar to which the badge issued in accordance with subsection (5) shall be securely fastened in such a manner as to be clearly visible when worn, and such collar and badge shall be continually worn by such licensed dog when out-of-doors, and any dog found out-of-doors and not wearing such collar and badge may be destroyed.

(7)

(a)

The proper authority may authorize in writing persons to destroy dogs in accordance with subsection (6) and such persons may enter upon and into any place, not being a dwelling house, for the purpose of enforcing that subsection:

Provided that such person shall, if so required, produce and show his written authority to the owner, occupier or person for the time being in charge of such place.

(b)

In this subsection the ‘proper authority’ means a State

Director, Mayor of a City Council or City Hall, President of a District

Council or Local Authority, General Manager of a Town Board or the

Chief Police Officer of a State.

(8)

Any person who contravenes subsection (1) or (6) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

(9)

The Ruler in Council or the Yang di-Pertua Negeri in Council in a State may by order declare that subsection (1) shall not apply within any specified part of such State or may exempt any person or

Animals 31

any class of persons either from licensing any dog which is required by this section to be licensed or from the payment of all or any part of the fee payable in respect of such licensing.

(10)

This section shall not apply to any dog—

(a)

within any State or any part of it for so long as an

Anti-rabies Vaccination Order made under section 42 is in force within such State or any part of it; or

(b)

which is liable to be or has been registered or licensed in accordance with any other written law.

Rabies-infected areas

Section 39

(2)

Every order made under subsection (1) shall be published the appropriate State Gazette but shall come into operation immediately upon the making of the order.

(3)

No person shall take any dog out of a rabies-infected area or out of any State of which any part is a rabies-infected area except in accordance with a written permit issued by the State Director.

(4)

The owner or person in charge of any dog within a rabies-infected area shall cause such dog to be kept under effective control, either—

(a)

by confining it within an enclosed area from which it is impossible for the dog to escape;

(b)

by tying it up securely; or

(c)

by leading it by a chain or lead of strong cord or leather properly secured to a collar or harness worn by the dog:

32 Laws of Malaysia ACT 647

Provided that the State Director, if he is satisfied that any class of dogs, whether by reason of prophylactic treatment or otherwise, is immune from infection by rabies, may exempt such class of dogs from the requirements of this subsection subject to such conditions as he may think fit.

(5)

Any dog found within a rabies-infected area which is not under effective control in accordance with subsection (4) may be destroyed by any person authorized in writing in that behalf by the

State Director or the Chief Police Officer of a State, and any person so authorized may enter any land, building or premises for the purpose of carrying out the provisions of this subsection:

Provided that such person—

(i)

shall not enter into any dwelling house for such purpose except during the hours of daylight; and

(ii)

shall, if so required, produce and show his written authority to the owner, occupier or person for the time being in charge of such land, building or premises.

(6)

Any person who—

(a)

contravenes subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three months; and

(b)

contravenes subsection (4) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Destruction or detention of animal suspected to be infected with rabies

Section 40

(2)

If the owner or person in charge of any such animal fails to comply with such order the veterinary authority may immediately either cause the animal to be destroyed or take possession of the animal and remove it to an animal quarantine station.

(3)

The veterinary authority may either destroy any such animal in the animal quarantine station or may detain it until he is satisfied that it is free from disease.

(4)

A veterinary authority may take possession of the body of any animal that has died or has been destroyed and which is reasonably suspected to have been infected with rabies and may dispose of it in such manner as he may think fit.

(5)

No compensation shall be payable to any person in respect of the destruction of any animal under this section.

(6)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

(7)

For the purposes of this section “animal” means any four-footed beast in captivity or under control.

Detention of any dog that has bitten a person

Section 41

(2)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Anti-rabies vaccination of dogs

Section 42

(2)

Every Anti-rabies Vaccination Order and its cancellation shall be published in the appropriate State Gazette.

(3)

Every Anti-rabies Vaccination Order shall remain in force until 31 December of the year in which the order was made or until its cancellation, whichever period shall be the shorter, but without prejudice to the making of a further Anti-rabies Vaccination Order to take effect upon the expiry of the period.

(4)

Whenever an Anti-rabies Vaccination Order has been made the State Director may specify periods of time within which, and the places at which, dogs, or groups of dogs, shall be produced for the purposes of such vaccination.

(5)

All such arrangements for vaccination of dogs shall be published in the appropriate State Gazette and also in such other manner as the State Director may consider necessary.

(6)

(a)

The State Director may by notification in the Gazette require that every dog which has been vaccinated in accordance with an Anti-rabies Vaccination Order shall, after such date asmay be specified in such notification, at all times during the continuance in force of the Order and within the area to which the Order applies, carry upon it a serially numbered metal badge or mark, tag or other evidence of vaccination, and any dog found within such area after the date specified in the notification, whether at large or not, which does not carry the proper evidence of vaccination may be destroyed.

Animals 35

(b)

The proper authority may authorize in writing persons to destroy dogs in accordance with paragraph (a) and any person so authorized may enter any land, building or premises for the purpose of carrying out this subsection:

Provided that such person—

(i)

shall not enter into any dwelling for such purpose except during the hours of daylight; and

(ii)

shall, if so required, produce and show his written authority to the owner, occupier or person for the time being in charge of such land, building or premises.

(c)

In this subsection the ‘proper authority’ means the State

Director, Mayor of a City Council or City Hall, President of a

Municipal Council, District Council or Local Authority, General

Manager of a Town Board or the Chief Police Officer of a State.

(7)

If any owner or person in charge of a dog fails to comply with any order or direction made or given under subsection (1) or (4), the veterinary authority may immediately destroy such dog.

(8)

Any owner or person in charge of a dog who fails to comply with any order made or any direction given under subsection (1)

or (4) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

(9)

The Minister may prescribe the fee for the vaccination of a dog:

Provided that no person shall be liable to pay any fee for the vaccination of any dog which at the date of such vaccination has already been licensed in accordance with section 38 or has been registered or licensed in accordance with any written law in force in a

Municipality.

(10)

The Ruler in Council or the Yang di-Pertua Negeri in Council in a State may by order exempt any person or class of persons from

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the payment of all or any part of the fee payable in respect of the vaccination of any dog.

(11)

Any dog which has been vaccinated in any year in accordance with an Anti-rabies Vaccination Order and is carrying the proper evidence of vaccination shall be deemed to be licensed under this

Act, and to be registered or licensed under or in accordance with any other written law, until 31 December of such year.

PREVENTION OF CRUELTY TO ANIMALS

Interpretation

Section 43

In this Part, unless the context otherwise requires—

“animal” means any living creature other than a human being and includes any beast, bird, fish, reptile or insect, whether wild or tame.

Section 44

Penalty for cruelty to animals

(a)

cruelly beats, kicks, ill-treats, overrides, overdrives, overloads, tortures, infuriates or terrifies any animal;

(b)

causes or procures or, being the owner, permits any animal to be so used;

(c)

being in charge of any animal in confinement or in course of transport from one place to another neglects to supply such animal with sufficient food or water;

(d)

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;

Animals 37

(e)

causes, procures or, being the owner, permits to be confined, conveyed, lifted or carried any animal in such manner or position as to subject it to unnecessary pain or suffering;

(f)

employs or causes or procures or, being the owner, permits to be employed in any work or labour, any animal which in consequence of any disease, infirmity, wound or sore, or otherwise is unfit to be so employed;

or

(g)

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 such premises or place, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(2)

For the purposes of this section an owner shall be deemed to have permitted cruelty within the meaning of this Part if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal from cruelty:

Provided that where an owner is convicted of permitting cruelty within the meaning of this Act by reason only of his 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 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 such preparation was accompanied by the infliction of unnecessary suffering.

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(4)

Notwithstanding paragraph (l)(g) the Chief Minister in a State may by written permit authorize the wrestling of bulls in such State, subject to such conditions as may be specified in the permit either on a special occasion of public interest or if he is satisfied that such wrestling is beneficial to the breed and, in either case, that no cruelty to any animal will arise from such wrestling, and where such wrestling is conducted in accordance with the conditions of such permit paragraph (1)(g) shall be deemed not to apply to such wrestling.

Power of veterinary authorities and police officers

Section 45

(2)

Any person so arrested and any conveyance or article so seized shall be immediately taken to a police station.

(3)

Any animal so seized shall be taken to a police station or a pound or a veterinary centre and be dealt with according to subsection 68(2) of this Act.

(4)

Any such officer may stop in any street or public place and examine any animal in respect of which he has reason to believe that an offence has been or is being committed under section 44.

Power of Town Board or Municipal Officers

Section 46

Within any town or Municipal limits the powers given by section 45 to veterinary authorities and police officers may be exercised by any officer appointed in that behalf by the Mayor of a

City Councilor City Hall, President of a Municipal Council, District

Council or Local Authority or General Manager of a Town Council or Town Board, as the case may be.

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Section 47

Orders by a Magistrate when an offence has been committed

(a)

that the animal in respect of which the offence was committed be taken to a veterinary centre and there detained and treated by a veterinary authority for any period stated in such order, or until released by further order of a Magistrate or until a veterinary authority not below the rank of Assistant Veterinary Officer has certified in writing that it may properly be released;

(b)

that the animal be treated by a veterinary authority and not used during such period as may be stated in such order or until permission to use it has been given by a

Magistrate or a veterinary authority not below the rank of

Assistant Veterinary Officer; or

(c)

may, if satisfied that the animal is incurably diseased or injured, order that such animal be destroyed immediately by or under the direction of a police officer or veterinary authority and that the cost of burying or otherwise disposing of the carcass be borne by the person convicted.

(2)

If any animal is taken to a veterinary centre or treated by a veterinary authority in accordance with an order under subsection (1)

any person who has been convicted of an offence in respect of such animal shall be liable to pay the prescribed fees for its maintenance and treatment until it shall be declared fit for release or use:

Provided that if the owner of such animal shall request in writing the officer in charge of the veterinary centre to destroy such animal and shall pay to such officer any fee that may be prescribed for the destruction or burial of such animal, such officer shall immediately cause the animal to be destroyed, and no fee shall be payable in respect of the maintenance or treatment of such animal for any time subsequent to such request and payment.

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(3)

Any person who fails to comply with any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Power to order destruction of animals

Section 48

(a)

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

(b)

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 by order in writing direct that such animal be destroyed, and such order may immediately be carried out by or under the direction of such officer or of any police officer:

Provided that if the animal so diseased or injured is in any house, stable, shed, or enclosure proper for such animal and not in a public thoroughfare, market or place, no order shall be made until the owner of the animal (if known) or person in charge (if any) has been duly notified of the state of the animal.

(2)

If any animal is destroyed in pursuance of an order made under this section the expense of the removal and burial of the carcass of the animal shall be paid by the owner or person in charge and the amount may be recovered from such owner or person in charge in a summary manner before a Magistrate.

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No compensation for destruction of an animal incurably diseased or injured or destroyed at request of professed owner

Section 49

No compensation shall in any case be payable to any person in respect of the destruction of any animal in pursuance of an order made under paragraph 47(1)(c) or subsection 48(1) or in compliance with a request in writing to an officer in charge of a veterinary centre as provided in subsection 47(2) by any person professing to be the owner of such animal:

Provided that in the last case the officer in charge of the veterinary centre in good faith believed that the person making the request was in fact the owner.

Section 50

Award to informer

(2)

Subject to such award, every fine imposed under this Act in respect of any offence committed within the limits of any

Municipality shall be paid to the Councillors, to be applied by them for the purposes of any Municipal Ordinance for the time being in force.

Animals and birds not to be kept in captivity for sale, export or exhibition without licence

Section 50A

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five

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thousand ringgit or to imprisonment for a term not exceeding six months or to both.

CONSERVATION OF LIVESTOCK

Movement or slaughter of cattle, etc., may be prohibited

Section 51

(a)

prohibit for such period as may be specified in the order the movement of any cattle and swine or any specified class of cattle and swine from such State to any other

State or from part of such State to any other part of such

State or to any other State except under licence;

(b)

prohibit during such period or periods as may be specified in the order the slaughter in such State of any cattle, sheep, goats, swine or poultry or any specified class of them except under licence;

(c)

prescribe fees and procedures for obtaining such licences.

(2)

A licence issued under any order made under subsection (l)

shall be subject to such conditions as may be imposed by such order or by the person authorized to issue the licence by order made under subsection (l).

(3)

Any person who contravenes any order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit.

Publication of order in Gazette

Section 52

Any order made under section 51 shall be published in the appropriate State Gazette.

Animals 43

IMPROVEMENT OF LIVESTOCK

Application in States

Section 53

This Part shall be in force in the States of Kedah and Kelantan, but save as aforesaid this Part shall not extend to any State or any part of it unless a resolution has been passed by the Council of State that it is expedient that such provisions should apply in such State or such part of it, as the case may be.

Section 54

(Omitted).

Section 55

Prohibition of possession of unsterilized bull

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit.

State Director may exempt

Section 56

(2)

The State Director shall not grant an exemption under subsection (1) in respect of any bull which appears to him—

(a)

to be likely to beget defective or inferior progeny; or

(b)

to be infected with any contagious or infectious disease.

(3)

The powers and duties of the State Director under this section may be exercised and performed by any person duly authorized by him in that behalf.

Register of stud bulls

Section 57

The State Director shall keep a register of bulls in respect of which exemptions have been granted under section 56 (hereinafter called “stud bulls”), and shall enter therein a description of every such animal together with the name of the owner and his place of residence, and shall issue to the owner, free of charge, a copy of the entry in such register (hereinafter referred to as “a licence”).

Section 58

Sale, death or transfer of a stud bull to be reported

(2)

It shall be the duty of a penghulu or penggawa receiving information under subsection (l) to report it as soon as possible to a veterinary authority.

(3)

Any person who fails to make any report required to be made under this section or fails to produce a licence as required by this section commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Animals 45

Inspection of stud bulls

Section 59

(2)

The entry in the register of stud bulls relating to such bull together with the licence shall upon the withdrawal of the exemption be cancelled.

Notice to owner of stud bull

Section 60

(2)

Where a notice under subsection (1) is not complied with, the

State Director may cause the bull to be slaughtered or sterilized at the expense of the owner and for that purpose any person authorized in that behalf may enter upon any premises where the bull may be or may reasonably be expected to be and any expenses incurred in connection with such slaughter or sterilization may be recovered by the State Director from the owner as a civil debt.

(3)

Any person who fails to comply with the requirement of the notice served under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Licence to be produced on demand

Section 61

(a)

a veterinary authority not below the rank of Assistant

Veterinary Officer;

(b)

a Police Officer not below the rank of Inspector;

(c)

the person in charge of a cow about to be served by such bull.

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Sterilization free of charge

Section 62

At the request of the owner or person in charge of a bull (not being a stud bull) the State Director or other person specially authorized to sterilize bulls by the State Director shall, if the bull is produced for the purpose at such time and place as the State Director may direct, sterilize such bull free of charge.

Section 63

Protection of officers

No action shall be maintainable in any Court for compensation for any loss or injury that may result from anything done by a State

Director or other authorized person in accordance with section 62.

Section 64

Sanction to prosecute

No prosecution under this Part shall be brought without the previous sanction of the State Director.

Section 65

Burden of proof

In any prosecution for an offence under this Part the burden of proof that exemption has been granted in respect of a bull under

Animals 47

section 56 shall lie on the person prosecuted and it shall be presumed until the contrary is proved that a bull is over fifteen months of age.

Section 66

Power to exempt

The Chief Minister of a State may by notification in the State

Gazette grant exemption from any of the provisions of this Part in respect of any bull or class or classes of bull.

ENFORCEMENT

Power to enter and search building, premises or land

Section 67

(a)

enter any building, premises or land belonging to or in the occupation of any person;

(b)

search for any animal or bird, or carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, or document as he may consider necessary;

(c)

carry out inspection and examination of any animal or bird, or carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, or document and may open any package or receptacle as he may consider necessary;

48 Laws of Malaysia ACT 647

(d)

collect any kind of sample, take any photograph via any means or including electronic means, enquire and record any information about the inspection and examination as he may consider necessary;

(e)

require the production of, inspect, make copies of, or take extracts from any books or documents found in the building or premises for the purpose of ascertaining by taking or otherwise; or

(f)

take any photograph, which may furnish evidence of the commission of an offence against this Act and the owner or the occupier of such building, premises or land shall render such veterinary authority or veterinary police officer all necessary assistance and furnish such information as may be required of him.

Power to stop and search conveyance

Section 67A

(2)

The person in control or in charge of the conveyance examined under the provision of subsection (1) shall, on request of the veterinary authority, police officer or officer of customs, open all parts of the conveyance for examination by such officer and take

Animals 49

measures necessary to enable the examination as the officer considers necessary to be made.

Power to seize, dispose and destroy animal or bird, or carcass, product of animals or birds, etc.

Section 68

(2)

Where under this section any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document has been seized in respect of such offence then the veterinary authority, the police officer or the officer of customs may apply to a Magistrate for an order to detain the animal, bird, carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, conveyance or document until the conclusion of such criminal proceedings.

(3)

If upon the application, the Magistrate is satisfied that, and where applicable, any of the said animal or bird, or carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance—

(a)

is subject to speedy and natural decay;

(b)

is liable to die, deteriorate in quality or spoil within a short time;

(c)

is liable to depreciate in value within a short time; or

(d)

the custody of which is unreasonable in view of the expense or inconvenience that would thereby involved,

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he may order the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance to be destroyed or otherwise disposed of in such manner as the

Magistrate thinks fit, and the proceeds of sale, if any, shall be kept until the conclusion of such criminal proceedings.

(4)

If upon the application, the Magistrate is satisfied that any of the said animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance is found to be imported or exported without any import or export licence, permit or certificate under the Act or from an unknown source or any source not approved under the Act, he shall order the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance to be disposed of or destroyed immediately by the veterinary authority.

(5)

Notwithstanding any other provisions of this Act where a

Magistrate is not immediately available under subsection (2), the veterinary authority may destroy, sell or otherwise dispose of any of the said animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance as he thinks fit.

(6)

The owner of the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance that has been seized under subsection (1) shall pay such sum as the Magistrate may consider reasonable to cover the expenses connected with the removal to a place of detention and unless such sum is paid within a specified time the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance shall be forfeited.

Power to seal building, premises, etc.

Section 68A

(2)

The owner or the occupier of the building, premises, land or conveyance where applicable shall be responsible for the general care or the welfare of the animal or bird if any, the overall maintenance and safe keeping of the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document that has been sealed in the building, premises or land or the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance or document inside the conveyance referred to in subsection (1).

(3)

It shall be an offence for a person without any written permission or lawful authority to break or tamper with the seal mentioned in subsection (1), or to remove any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document from such place or any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance or document from such conveyance or any attempt to do so.

Power to temporarily return animal or bird, or carcass, product of animals or birds, etc., to the owner

Section 68B

(a)

such terms and conditions as he may impose; and

(b)

sufficient security being furnished to his satisfaction, provided that the said owner or person entitled to it shall surrender the animal or bird, or carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, conveyance or document to the veterinary authority, the police officer or the officer of customs on demand being made.

(2)

A person who fails to surrender on demand to a veterinary authority, a police officer or an officer of customs any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance or document that is temporarily released or returned to him under subsection (1), or fails to comply with the terms and conditions imposed under paragraph

(1)

(a)

commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Power to arrest

Section 69

(a)

refuses to give his name and residence;

(b)

gives a name or residence which has reason to believe to be false;

(c)

he is likely to abscond; or

Animals 53

(d)

gives his residence in a place not within Malaysia.

(2)

Every person so arrested under subsection (1) shall without unnecessary delay be handed over to the nearest police officer or in the absence of a police officer be taken to the nearest police station.

(3)

The police officer shall re-arrest every person so arrested under subsection (1) and deal with it as provided for under section 24

of the Criminal Procedure Code [Act 593].

Power of investigation

Section 69A

(2)

A veterinary authority may, in relation to an investigation in respect of an offence committed against this Act, exercise the special powers in relation to police investigation except that of the power to arrest without warrant in a seizable offence given under the Criminal

Procedure Code that may not be exercised by him.

Power to require attendance of person acquainted with case

Section 69B

(2)

If the person fails to attend as so required, the veterinary authority may report the failure to a Magistrate who shall issue a summons to secure the attendance of the person as required by the order aforesaid.

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Examination of person acquainted with case

Section 69C

(2)

The person shall be legally bound to answer all questions relating to the case put to him by the veterinary authority:

Provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3)

A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.

(4)

The veterinary authority obtaining information from a person shall first inform that person of the provisions of subsections (2) and

(3)

.

(5)

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make correction he may wish.

Admission of statements in evidence

Section 69D

(2)

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to a veterinary authority in the course of an investigation under this Part and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the

Animals 55

statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

(3)

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

(4)

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraph 32(1)(a) of the Evidence Act 1950.

(5)

When a person is charged with any offence in relation to—

(a)

the making; or

(b)

the contents, of any statement made by him to a veterinary authority in the course of investigation made under this Part, that statement may be used as evidence in the prosecution’s case.

Powers of enforcement officers

Section 69E

An enforcement officer exercising any powers under this Act shall only do so at the entry points, quarantine stations and quarantine premises in accordance with MAQIS Act.

SUPPLEMENTAL

Obstructing officers in the execution of their duties

Section 70

Any person who, without lawful excuse, obstructs or impedes or assists in obstructing or impeding any veterinary authority, police officer or officer of customs in the exercise of his duty under this Act or any subsidiary legislation made under this Act commits an offence

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and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Section 71

Altering licences, permits or documents

Any person who, without lawful authority, alters or forges any licence, permit or any other written document issued under this Act or any subsidiary legislation made under this Act or knowingly makes use of any licence or permit or document so altered or forged, commits an offence and shall on conviction be liable to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Section 72

General penalty

(2)

Any body corporate which commits an offence under this Act for which no penalty is expressly provided, shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.

Penalty on second conviction

Section 73

Any person convicted of any offence against this Act who is within a period of twelve months from the date of such conviction convicted of a second or subsequent like offence against this Act shall where no penalty of imprisonment is provided for such offence be liable to imprisonment for two months in addition to or in lieu of any fine.

Animals 57

Section 73A

Offences committed by the body corporate and by agents and servants

(a)

may be charged severally or jointly in the same proceedings with the body corporate; and

(b)

where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(i)

that the offence was committed without his knowledge, consent or connivance; and

(ii)

that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

(2)

Where any person would be liable under this Act or any of its subsidiary legislation to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed—

(a)

by his employee in the course of his employment;

(b)

by the agent when acting on his behalf; or

(c)

by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.

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Compounding of offences

Section 73B

(2)

The Director General, the State Director or to whom the

Director General or State Director has delegated such power in writing as the case may be, may compound any offence by collecting the amount to be paid from person reasonably suspected of having committed such offence through a written offer specifying the amount to be paid within such time.

(3)

An offer under subsection (2) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

(4)

If the amount specified in the offer under subsection (2) is not paid within the time specified in the offer or within such extended period as the Director General, the State Director or to whom the

Director General or State Director has delegated such power in writing may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.

(5)

Where an offence has been compounded under subsection (2), no prosecution shall thereafter be instituted against such person in respect of such offence and where seizure has been taken of any carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, conveyance or documents under this Act or any subsidiary legislation made under this Act or the proceeds of any sale under it, the Director General, the State Director or any veterinary authority, may destroy, forfeit or release such property in a manner as he may think fit with the approval of court.

Jurisdiction to try offences

Section 73C

Notwithstanding any written law to the contrary, a Magistrate

Court shall have jurisdiction to try any offence under this Act or any subsidiary legislation made under this Act, and to impose full punishment for any such offence.

Animals 59

Section 74

Forfeiture

(2)

Any order for the forfeiture or for the release of any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance or conveyance or document that had been seized in exercise of any power conferred under this Act or any subsidiary legislation made under this Act or the proceeds of any sale under it shall be made by the court before which the prosecution with regard thereto has been held and an order for its forfeiture shall be made if it is proved to the satisfaction of the court that an offence against this Act has been committed and it was the subject matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence:

Provided that no order of forfeiture shall be made in respect of a conveyance unless the owner, if his name and place of residence is known, shall have had an opportunity of appearing to show cause why such order should not be made.

(3)

Any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance, document or the proceeds from any sale forfeited under this section shall be disposed of in accordance with the directions of the Magistrate.

Carcass, etc., or any product of animals or birds, etc., seized in respect of which there is no prosecution

Section 74A

(2)

The Director General or State Director shall issue a public notice specifying the date, locality, types of offence and carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance seized in subsection (1) and requiring any person who has any claim of it to appear before a veterinary authority and establish his claim within one hundred and eighty days from the date of such public notification.

(3)

The public notice mentioned in subsection (2) shall be published by posting it in a conspicuous place at the office of any veterinary centre in the district in which such carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance was seized or in any local newspaper as the Director

General or State Director may feel necessary.

(4)

The public notice mentioned in subsection (2) shall be published in the Gazette if it involves a conveyance or the value of each item of the carcass, semen, fodder, litter, dung or any product of animals or birds or any other article or substance amounts to fifty ringgit or more.

(5)

A veterinary authority may require the owner or person entitled to the carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyances, receptacles, packages or document who had laid a claim within one hundred and eighty days from the date of the publication of public notice under this section, to show proof of such entitlement before deciding to return the carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyances, receptacles, packages or document.

(6)

If a veterinary authority is doubtful of the claim of ownership of such carcass, semen, fodder, litter, dung, or any product of animals

Animals 61

or birds or any article or substance, he may refer the claimant to a

Magistrate to determine the rightful ownership of such carcass, semen, fodder, litter, dung or any product of animals or birds or any article or substance, conveyances, receptacles, packages or document;

and the burden shall be on the claimant to prove that he is the rightful owner and such carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyances, receptacles, packages or document were not a subject matter of the offence or used in the commission of such offence.

(7)

If at the expiration of the period of one hundred and eighty days from the date of the publication of public notice under this section, no person has made any claim of such carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyances, receptacles, packages or document, any veterinary authority may apply for an order to destroy or dispose of the carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyances, receptacles, packages or document as the Magistrate may think fit and the proceeds of sale, if any, shall be credited to the Government revenue.

Presumptions

Section 75

(2)

Where there is any doubt regarding the ownership of any animal or bird, the person found in possession of such animal or bird or the occupier of the premises frequented by it may be presumed to be the owner until the contrary is proved.

62 Laws of Malaysia ACT 647

Prosecution

Section 76

No prosecution for any offence under this Act or any rules made under this Act shall be instituted except by or with the written consent of the Public Prosecutor.

Section 77

Expenses

Any expense incurred by a veterinary authority or other officer in the exercise of the powers conferred on him by this Act or any order, rule, or direction made or given under it shall be charged against the owner, consignor, consignee or importer, as the case may be, of the animal, bird, carcass, article, building or conveyance concerned and may be recovered as a civil debt.

Section 78

Action to be at risk and expense of owner

(2)

No liability shall attach to any Government or to any officer in respect of any expense, loss, damage or delay arising in or from the lawful exercise of the powers conferred by this Act.

Brands or other identification marks applied to animals, etc.

Section 79

(2)

Any person who fails to comply with any order made under subsection (1) commits an offence.

Animals 63

(3)

A veterinary authority may, if he deems it necessary and where applicable for purposes of identification, brand, label, tattoo, notch or otherwise mark either permanently or temporarily any carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance.

(4)

Any person who counterfeits, copies, alters, defaces or erases, any brand, label, tattoo, notch or mark applied by a veterinary authority commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Quarantine stations for animals

Section 80

(2)

In addition to the animal quarantine stations notified under subsection (1) the State Director may appoint suitable places or premises to be temporary or emergency quarantine stations for animals.

By-laws for management of animal quarantine stations

Section 81

(2)

The Minister may prescribe fees for the quarantine of animals in Federal animal quarantine stations and the Ruler in Council or

Yang di-Pertua Negeri in Council in a State may prescribe fees for the quarantine of animals in State animal quarantine stations respectively.

64 Laws of Malaysia ACT 647

(3)

Any charges incurred on account of transport of an animal to or from an animal quarantine station shall be paid by the owner or person in charge of the animal.

Establishment of veterinary centers

Section 82

The Chief Minister of a State may appoint a suitable place or places within the State, to be a veterinary centre or centres for animals and birds or for any kind of animal or bird and may make rules for the management of the veterinary centre or centres, and may prescribe the fees to be paid for the maintenance and treatment of any kind of animal or bird and the fees to be paid for the destruction or burial of the carcass of any animal or bird treated or detained in the veterinary centre or centres.

Section 83

Certificates of freedom of State from disease

A State Director may on payment of a fee of two ringgit issue to the exporter of any animal or goods a certificate certifying that a

State is free from disease.

Section 84

Importation of noxious insects or pests

(1A)

Upon receiving the written permission from the Director

General, such person shall apply for a permit to import into

Peninsular Malaysia in accordance with MAQIS Act.

(2)

Any person who contravenes this section shall be dealt with in accordance with MAQIS Act.

Animals 65

Animal or bird in a quarantine station not deemed to be entering

Malaysia

Section 85

For the purposes of this Act and any rules and regulations made under it any animal or bird brought to Peninsular Malaysia by land, sea or air, and entering a quarantine station under instructions of a veterinary authority or an enforcement officer shall not be deemed to have entered Peninsular Malaysia, but shall be subject to all appropriate provisions of this Act and any rules and regulations made under it.

Section 86

Power to make rules

(2)

Without prejudice to the generality of the powers conferred by subsection (1) the Minister may by rules make provision for—

(a)

placing vessels carrying animals, birds or carcasses in quarantine;

(b)

regulating the landing of animals, birds or carcasses from vessels;

(c)

(Deleted by Act A1452);

(d)

prescribing the examination of animals or birds on importation, the tests to be applied, and the measures to be taken;

(e)

(Deleted by Act A1452);

(ea) regulating or controlling any abbatoirs and slaughter-houses;

(eb) regulating and licensing of hatcheries, breeding farms, artificial insemination centres and service, poultry processing plants, meat packing and canning plants, meat

66 Laws of Malaysia ACT 647

storage plants and other facilities for livestock and poultry breeding and improvement;

(f)

the cleansing or disinfection of buildings, sheds, places or conveyances in which diseased animals or birds have been kept or carried;

(g)

the cleansing or disinfection of markets, sale yards, railway premises and railway vans or trucks wherein any animals or birds have been kept or carried;

(h)

the disinfection of contacts or animals or birds which have been in an infected area;

(i)

the disinfection of persons and the clothing of persons who have been in contact with or employed about diseased or suspected animals, birds or carcasses or contacts;

(j)

the seizure, disinfection and, if expedient, the destruction, with or without compensation, of carcass, litter, fodder or other articles which have been in contact with any diseased animal, bird, or carcass or which are reasonably suspected of being a vehicle for spreading disease;

(k)

the conditions and regulations under and in accordance with which dogs may be kept and the circumstances in which they may be destroyed or otherwise disposed of, and the manner in which licensing may be effected;

(ka) regulating the licensing, control, supervision and inspection of places in which animals or birds are or may be kept in captivity for sale, export or exhibition, recreation or sports, research or scientific experiments and such rules may—

(i)

prescribe the conditions subject to which animals or birds may be so kept;

Animals 67

(ii)

specify the authorities by which such licences may be granted; and

(iii)

prescribe the circumstances in which such licences may be revoked or suspended;

(l)

the payment of fees for anything to be done under this

Act and fixing the amount of such fees;

(m)

(Deleted by Act A1452).

(3)

Rules made under this section may prescribe any act or omission in contravention of the rules to be an offence and may prescribe penalties of a fine not exceeding ten thousand ringgit, and in the case of a continuing offence, may prescribe a further fine of five hundred ringgit for every day or part of a day during which the offence continues after conviction.

Repeal

Section 87

(2)

(Omitted).

(3)

The Slaughter of Female Animals Proclamation and the

Essential (Control of Movement and Slaughter of Animals)

Regulations are hereby revoked.

68 Laws of Malaysia ACT 647

Schedule

Number

Short title

Extent of repeal

F.M.S. No. 40

of 1936

Diseases of Animals

Enactment

The whole

S.S. No. 52 of 1939

Quarantine and

Prevention of

Diseases Ordinance

Section 95, paragraphs 97(1)(c),(g), (h), (p), (q), (r), (s)

and (t) and the following words which occur in the paragraphs of subsection 97(1) indicated against each, namely—

(d)

“whether ... or animals”

(e)

“and animals”

(i)

“or animal”

(j)

“litter, fodder ... or animal”;

section 100; and the words “or the owner or person in charge of a diseased animal” and “or animal” which occur in section 102.

Johore Enactment

No. 122

Quarantine and

Prevention of Disease

Enactment

Sections 66 to 101; paragraphs 103(i)(c), (g), (h), (p), (q), (r),

(s)

and (t); the following words which occur in the paragraphs of subsection 103(i) indicated against each, namely—

(d)

whether ... or animals”

(e)

“and animals”

(i)

“or animal”

(j)

“litter, fodder ... or animal”;

section 106; and the words “or the owner or person in charge of a diseased animal” and “or animal” which occur in section 108.

Animals 69

Number

Short title

Extent of repeal

Kedah Enactment

No. 90

Quarantine and

Prevention of

Diseases (Animals)

Enactment

The whole

Kelantan

Enactment No. 5 of 1939

Quarantine and

Prevention of

Diseases Enactment

Part 5 (sections 40 to 45)

Perlis Enactment

No. 5 of 1343

Quarantine and

Prevention of

Diseases (Animals)

Enactment

The whole

Trengganu

Enactment No. 6 of 1356

Quarantine and

Prevention of

Diseases Enactment

Part II (sections 41 to 50)

F.M.S. Cap.

Cruelty to Animals

(Prevention)

Enactment

The whole

S.S. Cap.

Prevention of Cruelty to Animals Ordinance

The whole

Johore Enactment

No. 6

Small Offences

Enactment

Section 33

Kedah Enactment

No. 83

Prevention of Cruelty to Animals

Enactment

The whole

Kelantan

Enactment No. 27

of 1930

Prevention of Cruelty to Animals

Enactment 1930

The whole

Perlis Enactment

No. 2 of 1332

Cruelty to Animal

Prevention Enactment

The whole

Trengganu

Enactment No. 64

of 1356

Prevention of Cruelty to Animals

Enactment

The whole

70 Laws of Malaysia ACT 647

Number

Short title

Extent of repeal

Kedah Enactment

No. 30 of 1354

Buffalo-fighting and

Cock-fighting

(Prevention)

Enactment

The whole

Kedah Enactment

No. 1 of 1354

Selective Cattle

Breeding Enactment 1950

The whole

Kelantan

Enactment No. 6 of 1950

Selective Cattle

Breeding Enactment,

1950

The whole

F.M.S. Cap.

Buffaloes Enactment

Sections 8 and 13

Kelantan

Enactment No. 19

of 1938

Cattle Enactment

Parts 6, 7 and 8 (sections 25 to

29) and section 33

S.S. No. 12 of 1936

Cattle Protection

Ordinance

The whole

Kedah Enactment

No. 7 of 1352

Enactment No. 38

[Female Cattle Export and Slaughter

(Restriction)]

The whole

Perlis Enactment

No. 14 of 1356

Female Cattle Export and Slaughter

(Restriction)

Enactment

The whole

Perlis Enactment

No. 8 of 1328

Cattle Loans

Enactment

The whole

Kedah Enactment

No. 97

Registration of Dogs

Enactment

The whole

Trengganu

Enactment No. 17

of 1356

Registration of Dogs

Enactment

The whole

Animals 71

Number

Short title

Extent of repeal

Kelantan

Enactment No. 14

of 1930

The Gambling and

Prohibited

Amusements

Enactment 1930

In so far as it relates to prohibited amusements

S.S. Cap.

Municipal Ordinance

Paragraph 58(1)(ee)

Kelantan Gazette

Notification No. 1

of 1918

Authority to Destroy

Diseased Dogs

The whole

Kelantan Gazette

Notification No.

17 of 1920

Disposal of Diseased

Poultry

The whole

(APPENDIX)

LIST OF DISEASES DECLARED BY THE MINISTER

P.U. (B) 86/1999 1.

2.

3.

4.

5.

6.

African horse sickness

Athropic rhinitis

(Deleted by P.U. (B)247/2000)

Bluetongue

Bovine spongiform encephalophathy

Contagious equine metritis

72 Laws of Malaysia ACT 647 7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

Duck virus enteritis

Duck virus hepatitis

Equine influenza

Equine infectious anemia

Equine viral arteritis

Japanese encephalitis

Maedi-visna

Myxinatisos

Paratuberculosis

Porcine reproductive and respiratory syndrome (PRSS)

17.

18.

19.

20.

21.

Pulmonary adenomatosis

Psittacosis-Ornithosis

Strangles

Transmissible gastroenteritis

Venezuelan equine encephalomyelitis

P.U. (B) 96/1999

Viral encephalitis

P.U. (B) 247/2000

Avian salmonellosis

73

Act 647

LIST OF AMENDMENTS

Amending law

Short title

In force from

Ord. No. 43/1953

Animals (Amendment)

Ordinance1953

30-04-1953

Ord. No. 69/1953

Animals (Amendment No.

2) Ordinance 1953

01-01-1954

Ord. No. 45/1957

Animals (Amendment)

Ordinance1957

27-08-1957

L.N. 332/1958

Federal Constitution

(Modification of Laws)

(Ordinances and

Proclamations) Order 1958

14-10-1958

Ord. No. 45/1958

Animals (Amendment)

Ordinance 1958

05-12-1958

Act Al07

Animals (Amendment) Act 1975

01-04-1972

Act 147

Veterinary Surgeons Act 1974

01-06-1975

Act 160

Malaysian Currency

(Ringgit) Act 1975

29-08-1975

Act A321

Animals (Amendment) Act 1975

05-09-1975

P.U. (A) 391/2006

Revision of Laws

(Rectification of Animals 27-10-2006

74 Laws of Malaysia ACT 647

Amending law

Short title

In force from

Act 1953) Order 2006

Act A1452

Animals (Amendment) Act 2013 20-08-2013

75

Act 647

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

Long title

2

Ord. No. 43/1953 30-04-1953

Act 235 02-11-1967

3

4

P.U. (B) 324/1970 01-01-1971

5

Act 160 29-08-1975

6

Act 160 29-08-1975

6A

7

8

Act 160 29-08-1975

9

76 Laws of Malaysia ACT 647

Section

Amending authority

In force from

10

Act 160 29-08-1975

11

12

Act 160 29-08-1975

13

14

Act 160 29-08-1975

14A

15

16

17

18

Act 160 29-08-1975

19

20

21

Act 160 29-08-1975

22

Act 160 29-08-1975

Animals 77

Section

Amending authority

In force from

23

Act 160 29-08-1975

24

Act 160 29-08-1975

25

Act 160 29-08-1975

26

Act 160 29-08-1975

27

Act 160 29-08-1975

28

Act 160 29-08-1975

29

Act 147 01-06-1975

30

Act 160 29-08-1975

31

Act 160 29-08-1975

33

Act 160 29-08-1975

34

Act 160 29-08-1975

78 Laws of Malaysia ACT 647

Section

Amending authority

In force from

35

Act 160 29-08-1975

36

Act 160 29-08-1975

37

38

Ord. No. 69/1953 01-01-1954

Ord. No. 45/1958 27-08-1957

Act 160 29-08-1975

39

Act 160 29-08-1975

40

Act 160 29-08-1975

41

Act 160 29-08-1975

42

Ord. No. 69/1953 01-01-1954

Act 160 29-08-1975

Animals 79

Section

Amending authority

In force from

44

L.N. 45/1957 27-08-1957

Act 160 29-08-1975

45

47

Act 160 29-08-1975

50A

Ord. No. 69/1953 01-01-1954

Act 160 29-08-1975

51

Ord. No. 45/1958 05-12-1958

Act 160 29-08-1975

52

53

55

Act 160 29-08-1975

56

57

58

Act 160 29-08-1975

59

80 Laws of Malaysia ACT 647

Section

Amending authority

In force from

60

Act 160 29-08-1975

61

Act 160 29-08-1975

62

63

64

66

67

Act 160 29-08-1975

67A

68

68A

68B

69

69A

69B

69C

Animals 81

Section

Amending authority

In force from

69D

69E

70

Act 160 29-08-1975

71

Act 160 29-08-1975

72

Act 160 29-08-1975

73A

73B

73C

74

74A

75

Ord. No. 69/1953 01-01-1954

76

79

80

81

Ord. No. 43/1953 30-04-1953

82 Laws of Malaysia ACT 647

Section

Amending authority

In force from

82

83

Act 160 29-08-1975

84

Act 160 29-08-1975

85

86

Ord. No. 69/1953 01-01-1954

Act A107 01-04-1972

Act 160 29-08-1975

ANIMALS (AMENDMENT) ACT 2013

About this amendment act

PART I

(2)

(3)

(4)

(2)

PART II

(a)

(b)

(2)

(1)

(2)

(a)

(b)

(c)

(2)

(3)

(4)

(2)

(3)

(1A)

(2)

(3)

(2)

(2)

PART III

(2)

(3)

(2)

(2)

(3)

(2)

(2)

(2)

(3)

(4)

(2)

(2)

(2)

(2)

(2)

(3)

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(2)

(2)

(2)

(2)

(a)

(b)

(c)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(2)

(3)

(4)

(5)

(6)

(7)

(b)