Offences under the Animal Protection Act - Something Everyone Should Know!

OFFENCES UNDER THE ANIMAL PROTECTION ACT:


NUMBER 71 OF 1962



(Assented to 16 June 1962) (Date of Commencement: December 1962)



The term “animal” means any equine, (horse), bovine (cow or cattle), sheep, goat, pig, fowl, ostrich, dog, cat, or other domestic animal or bird, or any wild animal, wild bird or reptile which is in captivity or under the control of any person.



2. Offences in respect of animals. ---- (1) Any person who -----

a) (Obvious Cruelty) Overloads, overdrives, overrides, ill-treats, neglects, infuriates, torturers or maims, or cruelly beats, kicks, goads, or terrifies any animal; or



b) (Chaining up or confinement) Confines, chains, tethers or secures any animal unnecessarily, or under such conditions, or in such a manner or position, as to cause that animal unnecessary suffering or in any place which affords inadequate space, ventilation, light, protection, or shelter from heat, cold or weather; or



c) (Lack of food and water) Unnecessarily starves or under-feeds, or denies water or food to any animal; or



d) (Poisoning) Lays or exposes any poison or any poisoned fluid or edible matter of infectious agents, except for the destruction of vermin, or marauding domestic animals, or without taking reasonable precautions to prevent injury or disease being caused to animals ; or



e) (Neglect) Being the owner of any animal, deliberately or negligently keeps such animal in a dirty, or parasitic condition, or allows it to become infested with external parasites or fails to render, or procure, veterinary or other medical treatment or attention, whether through disease, injury, delivery of young, (pregnancy or labour) or any other cause, or fails to destroy (provide euthanasia or destroy) or cause to be destroyed, any such animal which is so seriously injured, or diseased or in such a physical condition, that to prolong its life would be cruel, and would cause such animal unnecessary suffering; or



f) (Equipment) Uses on, or attaches to any animal any equipment, appliance or vehicle, which causes, or will cause, injury to such animal, or which is loaded, used or attached in such a manner as will cause such animal to be injured, or to become diseased, or to suffer unnecessarily; or



g) (Hunting) Save for the purpose of training hounds maintained by a duly established and registered vermin club in the destruction of vermin, liberate any animal in such a manner or place as to expose it to immediate attack or danger of attack, by other animals or by wild animals, or baits or provokes any animal or incites any animal to attack another animal; or



h) Liberates any bird in such manner as to expose it to immediate attack, or danger of attack by animals, wild animals or wild birds; or



i) (Transport – including carts etc) Drives or uses any animal which is so diseased, or so injured, or in such physical condition that it is unfit to be driven, or to do any work; or



j) (Trapping) Lays any trap or other device for the purpose of capturing, or destroying, any animal, wild animal or bird, the destruction of which is not proved to be necessary, for the protection of property, or for the prevention of the spread of disease; or



k) Having laid any such trap or other device, fails either himself, or through some competent person, to inspect and clear such trap or device, at least once each day; or



l) Except under the authority of a permit issued by the magistrate of the district concerned, sells a trap, or other device, intended for the capture of any animal, including any wild animal (not being a rodent) or wild bird, to any person who is not a bona fide farmer; or



m) (Road transport) Conveys, carries, confines, secures, restrains or tethers any animal –

(i) under such conditions, or in such a manner or position, or for such a period of time, or over such a distance, as to cause that animal unnecessary suffering; or

(ii) in conditions affording inadequate shelter, light or ventilation, or in which, such animal is excessively exposed to heat, cold, weather, sun, rain, dust, exhaust gas, or noxious fumes; or

(iii) without making adequate provision for suitable food, potable water and rest, for such animal, in circumstances where it is necessary; or



n) (Poisoning) without reasonable cause administers to any animal any poisonous or injurious drug or substance; or



o) ……………….



p) (Abandonment) Being the owner of any animal, deliberately or without reasonable cause or excuse, abandons it, whether permanently or not, in circumstances likely to cause that animal unnecessary suffering; or



q) Causes, procures or assists in the commission or omission of any of the aforesaid acts or, being the owner of any animal permits the commission or omission of any such act; or



r) By wantonly or unreasonably or negligently doing or omitting to do any act or causing or procuring the commission or omission of any act, causes any unnecessary suffering to any animal; or



s) Kills any animal in contravention of a prohibition in terms of a notice published in the Gazette under section (3) three of this section,



Shall, subject to the provisions of this Act and any other law, be guilty of an offence and liable on conviction to a fine or the imprisonment for a period not exceeding twelve months or to such imprisonment without the option of a fine.



ANIMAL FIGHTS:

1) Any person who -

a) Possess, keeps, imports, buys, sells, trains, breeds or has under his control, an animal for the purpose of fighting any other animal;

b) Baits, or provokes, or incites, any animal to attack another animal, or to proceed with the fighting of another animal,

c) For financial gain or a form of amusement promotes animal fights;

d) Allows any of the acts referred to in paragraphs (a) to (c) to take place on any premises, or place in his possession, or under his charge or control

e) Owns, uses or controls any premises, or place, for the purpose or partly for the purpose, of presenting animal fights on any such premises, or place, or who acts, or assists, in the management of any such premises, or place, or who receives any consideration, for the admission of any person, to any such premises or place; or

f) Is present as a spectator, at any premises, or place, where any of the acts referred to in paragraphs (a) to (c) is taking place, or where preparations are being made for such acts.



Shall be guilty of an offence and liable on conviction to a fine or imprisonment for a period not exciding two years.