ANIMALS ACT 1953

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 647 ANIMALS ACT 1953 As at 1 August 2013 2 ANIMALS ACT 1953 First enacted … … … … … 1953 (Ord. No. 17 of 1953) Revised … … … … … 2006 (Act 647 w.e.f 16 March 2006) 3 LAWS OF MALAYSIA Act 647 ANIMALS ACT 1953 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. 2. Short title Interpretation 3. Appointment of officers 4. Identification card to be produced PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation 5. Power to make orders with regard to importation 6. No person to import any animal or bird without licence 6A. No person to import carcass, product of animals or birds, etc., without permit 7. Examination and detention of imported animals and birds 8. Arrival of animals to be reported 9. Importation of diseased animal or bird and contact 10. Dogs and cats on board ship 11. Destruction of injured animals or birds 12. Permission to land carcass 13. Destruction or disinfection of certain articles Exportation 14. No person to export any animal or bird or its carcass without licence 4 Laws of Malaysia ACT 647 Section 14A. 15. No person to export carcass, product of animals or birds, etc., without permit (Deleted) 16. Examination before exportation 17. Diseased animal or bird, or carcass, etc., not to be exported PART III PREVENTION OF THE SPREAD OF DISEASE General 18. Examination for animals or birds suspected of disease 19. Destruction of diseased animal or bird 20. Compensation for any animal or bird destroyed 21. Post-mortem examination 22. Diseased and contact animals and birds 23. Disinfection of stables, etc. 24. Destruction of stables, etc. 25. Disinfection or destruction of articles 26. Disinfection of person and clothing 27. Disinfection of vehicles 28. Disposal of infected animal, bird or carcass 29. (Deleted) 30. Licences to possess culture or vaccine 31. Owner of diseased or dead animal or bird to report Special Provisions relating to Animals (other than Dogs and Cats) and Birds 32. Application 33. Disposal of dead animal or bird 34. Moving or disposal of diseased or suspected animals 35. Removal of articles from infected premises 36. Infected area, disease control area and disease eradication area 37. Special permits Animals Special Provisions relating to Dogs and in connection with Rabies Section 38. 39. 40. Licensing Rabies-infected areas 41. Detention of any dog that has bitten a person 42. Anti-rabies vaccination of dogs Destruction or detention of animal suspected to be infected with rabies PART IV PREVENTION OF CRUELTY TO ANIMALS 43. 44. Interpretation 45. Power of veterinary authorities and police officers 46. Power of Town Board or Municipal Officers 47. Orders by a Magistrate when an offence has been committed 48. Power to order destruction of animals 49. No compensation for destruction of an animal incurably diseased or injured or destroyed at request of professed owner 50. Award to informer 50A. Animals and birds not to be kept in captivity for sale, export or exhibition without licence Penalty for cruelty to animals PART V CONSERVATION OF LIVESTOCK 51. Movement or slaughter of cattle, etc., may be prohibited 52. Publication of order in Gazette PART VI IMPROVEMENT OF LIVESTOCK 53. Application in States 54. (Omitted) 5 6 Laws of Malaysia ACT 647 Section 55. Prohibition of possession of unsterilized bull 56. State Director may exempt 57. Register of stud bulls 58. Sale, death or transfer of a stud bull to be reported 59. Inspection of stud bulls 60. Notice to owner of stud bull 61. Licence to be produced on demand 62. Sterilization free of charge 63. Protection of officers 64. Sanction to prosecute 65. Burden of proof 66. Power to exempt PART VII ENFORCEMENT 67. Power to enter and search building, premises or land 67A. Power to stop and search conveyance 68. Power to seize, dispose and destroy animal or bird, or carcass, product of animals or birds, etc. Power to seal building, premises, etc. 68A. 68B. Power to temporarily return animal or bird, or carcass, product of animals or birds, etc., to the owner 69. Power to arrest 69A. Power of investigation 69B. Power to require attendance of person acquainted with case 69C. Examination of person acquainted with case 69D. Admission of statements in evidence 69E. Powers of enforcement officers Animals PART VIII SUPPLEMENTAL Section 70. Obstructing officers in the execution of their duties 71. Altering licences, permits or documents 72. General penalty 73. Penalty on second conviction 73A. Offences committed by the body corporate and by agents and servants 73B. Compounding of offences 73C. Jurisdiction to try offences 74. Forfeiture 74A. Carcass, etc., or any product of animals or birds, etc., seized in respect of which there is no prosecution 75. Presumptions 76. Prosecution 77. Expenses 78. Action to be at risk and expense of owner 79. Brands or other identification marks applied to animals, etc. 80. Quarantine stations for animals 81. By-laws for management of animal quarantine stations 82. Establishment of veterinary centres 83. Certificates of freedom of State from disease 84. Importation of noxious insects or pests 85. Animal or bird in a quarantine station not deemed to be entering Peninsular Malaysia 86. Power to make rules 87. Repeal SCHEDULE APPENDIX 7 8 Laws of Malaysia ACT 647 9 LAWS OF MALAYSIA Act 647 ANIMALS ACT 1953 An Act to amend and consolidate the laws for preventing the introduction into, and the spreading within, Peninsular Malaysia of diseases of animals; for the control of the movement of animals into, within and from Peninsular Malaysia; for the control of the slaughter of animals; for the prevention of cruelty to animals; for measures pertaining to the general welfare, conservation and improvement of animals in Peninsular Malaysia; and for purposes connected therewith. [30 April 1953] PART I PRELIMINARY Short title 1. This Act may be cited as the Animals Act 1953. Interpretation 2. (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. 12 Laws of Malaysia ACT 647 “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 Appointment of officers 3. (1) The Yang di-Pertuan Agong may appoint an officer to be known as the Director General of Veterinary Services and an officer to be known as the Deputy Director General of Veterinary Services. (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 a