ANIMALS ACT 1953 (REVISED - 2006)
This Act may be cited as the Animals Act 1953.
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;
"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 3 PART 1 PRELIMINARY-3. Appointment of officers.
(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 Negcri of a State may appoint a State Director of Veterinary Services and as many Veterinary Officers, Deputy and Assistant Veterinary Officers us 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 thi
4 PART 1 PRELIMINARY-4. Identification card to be produced.
(1) Every veterinary authority, officer of customs, veterinary police officer or police officer when exercising any powers under this Act shall, if not in uniform, declare his office and shall, on demand, produce to any person affected by the exercise of such powers such identification card as the Director General, the Director General of Customs or the Inspector General of Police respectively may direct to be carried by officers appointed under this Act, officer of customs or police
(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.
5 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-5. Power to make orders with regard to importation.
(1) The Minister may make orders-
(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.
[Subs. by Act A1452]
6 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-6. No person to import any animal or bird without licence.
Except as specifically provided in any order made under paragraph 5(1) (a) , no person shall import any animal or bird except in accordance with a licence in that behalf issued by the Director General of Quarantine and Inspection under MAQIS Act.
[Subs. by Act A1452]
6A PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-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.
7 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-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.
[Subs. by Act A1452]
8 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-8. Arrival of animals to be reported.
(1) The master of any ship or aircraft and the guard of any train on board of which there is any animal or bird, whether such animal or bird is intended to be landed in Peninsular Malaysia or not, shall immediately on the first arrival of the ship, aircraft or train at a port, airfield or station in Peninsular Malaysia report the fact to a Port Officer or the officer in charge of the airfield or the station master, as the case may be, who shall without delay inform the nearest MAQIS office.
[Am. by Act A1452; P.U.(A) 391/2006]
(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.
[(2)formerly as (5) Subs. by Act A1452]
(2) [Deleted by Act A1452] ;
(3) [Deleted by Act A1452] ;
(4) [Deleted by Act A1452] ;
9 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-9. Importation of diseased animal or bird and contact.
(1) If any animal, bird or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance which has been or is about to be imported under section 6 or 6A is, in the opinion of an enforcement officer, 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 enforcement officer may in his discretion either-
(a) refuse to permit such animal, bird or carcass or any contacts thereof to be landed or removed; or
(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) c
10 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-10. Dogs and cats on board ship.
(1) Any dog or cat imported by sea shall, unless an enforcement officer has authorized its landing, at all times while on board the ship in any port be confined in an enclosed part of the ship or in a cage or kennel.
[Am. by Act A1452]
(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.
[Am. by Act A1452]
(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.
[Subs. by Act A1452]
11 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-11. Destruction of injured animals or birds.
(1) If any animal or bird examined by an enforcement officer for the purposes of importation is found to be suffering from injury which in the opinion of the enforcement officer cannot be relieved, the enforcement officer may cause such animal or bird to be destroyed at once and its carcass to be disposed of in such manner as he may direct;
[Subs. by Act A1452]
(1A) The destruction and disposal under subsection (1) shall be conducted without undue delay and in accordance with the procedures prescribed under MAQIS Act.
[Ins. by Act A1452]
(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.
12 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-12. Permission to land carcass.
(1) No person shall land from any ship or remove from any aircraft, train or vehicle the carcass of any animal or bird without the written permission of an enforcement officer authority who shall give directions as to the manner of its disposal.
[Am. by Act A1452]
(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.
[Subs. by Act A1452]
13 PART II IMPORTATION AND EXPORTATION OF ANIMALS AND BIRDS Importation-13. Destruction or disinfection of certain articles.
(1) Whenever it appears to an enforcement officer that any bedding, litter, fodder, dung, semen, personal belongings or other substance or material imported by land, sea or air may convey or spread disease, he may seize and detain the same and at his discretion may order its or their destruction or disinfection.
[Am. by Act A1452]
(2) The destruction and disinfection under subsection (1) shall be conducted without undue delay and in accordance with the procedures prescribed under MAQIS Act.
[Ins. by Act A1452]
14 Exportation-14. No person to export any animal or bird or its carcass without licence.
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.
[Subs. by Act A1452]
14A Exportation-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 in that behalf issued by the Director General of Quarantine and Inspection under MAQIS Act.
[Ins. by Act A1452]
15 Exportation-15. [Deleted by Act A1452]
16 Exportation-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.
[Am. by Act A1452]
17 Exportation-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.
[Subs. by Act A1452]
18 PART III PREVENTION OF THE SPREAD OF DISEASE General-18. Examination for animals or birds suspected of disease.
(1) If a veterinary authority has reason to believe that any animal, bird or carcass may be infected with any disease, he may subject such animal, bird or carcass to such examination or test as he may consider necessary, and for the purposes of such examination or test may take blood, milk, urine, or any other substance from such animal, bird or carcass.
(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)
19 PART III PREVENTION OF THE SPREAD OF DISEASE General-19. Destruction of diseased animal or bird.
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.
20 PART III PREVENTION OF THE SPREAD OF DISEASE General-20. Compensation for any animal or bird destroyed.
(1) No compensation shall be payable in respect of any animal, bird or carcass infected with disease and destroyed by order of any veterinary authority.
(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 veterinary authority such sum as may be assessed by the State Director and approved by the Chief Minister of the State.
21 PART III PREVENTION OF THE SPREAD OF DISEASE General-21. Post-mortem examination.
(1) A veterinary authority may conduct a post-mortem examination of the carcass of any animal or bird and may remove such portions of the carcass as he may deem necessary for laboratory examination, and for the purposes of such examination may order that the carcass be delivered to him at such place and time as he shall specify.
(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.
[Subs. by Act A1452]
22 PART III PREVENTION OF THE SPREAD OF DISEASE General-22. Diseased and contact animals and birds.
(1) If a veterinary authority considers that any animal or bird has been exposed to infection with any disease he may order that such animal or bird be subjected to such prophylactic or curative treatment, including virus, vaccine, or serum therapy, or any such combination thereof as he may think necessary.
(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.
[Subs. by Act A1452]
23 PART III PREVENTION OF THE SPREAD OF DISEASE General-23. Disinfection of stables, etc.
(1) A veterinary authority may order any stable, shed, pen, cage or other place in which an infected animal or bird has been found or kept to be disinfected in such manner as he may direct; and may by order prohibit the further use of such stable, shed, pen, cage or place for the keeping of any animal or bird until such disinfection has been completed.
(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.
[Subs. by Act A1452]
24 PART III PREVENTION OF THE SPREAD OF DISEASE General-24. Destruction of stables, etc.
(1) If a veterinary authority is of the opinion that any stable, shed, pen, cage or other place which has been occupied by an infected animal cannot be effectively disinfected, he may order the owner or occupier thereof, within a time specified in such order to destroy such stable, shed, pen, cage or place and to burn the materials thereof.
(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
25 PART III PREVENTION OF THE SPREAD OF DISEASE General-25. Disinfection or destruction of articles.
(1) A veterinary authority may order the disinfection or destruction of any bedding, clothing, harness, fittings, buckets, pails or utensils whatsoever used in connection with any infected animal or bird, and compensation to be assessed by the veterinary authority shall be payable for any articles so destroyed.
(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.
[Subs. by Act A1452]
26 PART III PREVENTION OF THE SPREAD OF DISEASE General-26. Disinfection of person and clothing.
(1) A veterinary authority may order the disinfection of the body and clothing of any person who has been in contact with, in charge of, or attendant upon, any animal or bird infected with or reasonably believed to be infected with disease.
(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.
[Subs. by Act A1452]
27 PART III PREVENTION OF THE SPREAD OF DISEASE General-27. Disinfection of vehicles.
(1) A veterinary authority may order the disinfection of any vehicle or conveyance entering or leaving an area declared to be an infected area under section 36, or which has been used in the transport of any animal or bird infected with or reasonably believed to be infected with disease.
(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.
[Subs. by Act A1452]
28 PART III PREVENTION OF THE SPREAD OF DISEASE General-28. Disposal of infected animal, bird or carcass.
(1) No person shall knowingly cast or cause or permit to be cast into any drain, ditch, water channel, street or open space, or otherwise expose any animal or bird or the carcass of any animal or bird which is or has been infected with disease or any fodder, litter, dung or thing which has been used in connection with any infected animal or bird.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
[Subs. by Act A1452]
29 PART III PREVENTION OF THE SPREAD OF DISEASE General-29. [Deleted by Act 147].
30 PART III PREVENTION OF THE SPREAD OF DISEASE General-30. Licences to possess culture or vaccine.
(1) The Director General may issue licences permitting the holder of such a licence to possess live cultures or vaccines and to inoculate animals or birds with such 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 bot
31 PART III PREVENTION OF THE SPREAD OF DISEASE General-31. Owner of diseased or dead animal or bird to report.
(1) Every owner or person in charge of any animal or bird infected with or reasonably suspected to be infected with disease shall immediately make a report to a veterinary authority or to the nearest Police Station, penghulu or penggawa and shall at once cause such animal or bird and all other animals and birds which have been in contact with it to be confined and isolated until the arrival of a veterinary authority.
(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 twentyfour hours of
32 Special Provisions relating to Animals (other than Dogs and Cats) and Birds-32. Application.
Sections 33 to 37 shall not apply to dogs and cats.
33 Special Provisions relating to Animals (other than Dogs and Cats) and Birds-33. Disposal of dead animal or bird.
(1) The owner or person in charge of any animal or bird that has died from disease or has been destroyed by order of a veterinary authority shall burn or otherwise dispose of the carcass as the veterinary authority may direct.
(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.
[Subs. by Act A1452]
34 Special Provisions relating to Animals (other than Dogs and Cats) and Birds-34. Moving or disposal of diseased or suspected animals.
(1) No person shall move or dispose, whether by sale or otherwise, of any animal or bird diseased or reasonably suspected of being diseased or of being a contact or of the carcass of such animal or bird, or of the milk or dung of such animal, except under and in accordance with the written permission of a State Director.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.
[Subs. by Act A1452]
35 Special Provisions relating to Animals (other than Dogs and Cats) and Birds-35. Removal of articles from infected premises.
(1) A veterinary authority may by order prohibit the removal of milk, manure, fodder, litter or other articles likely to carry or convey infection from premises on which there is or recently has been, any animal or bird infected with disease.
(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.
[Subs. by Act A1452]
36 Special Provisions relating to Animals (other than Dogs and Cats) and Birds-36. Infected area, disease control area and disease eradication area.
(1) 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; or
(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
37 Special Provisions relating to Animals (other than Dogs and Cats) and Birds-37. Special permits.
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.
38 Special Provisions relating to Dogs and in connection with Rabies-38. Licensing.
(1) No person shall own, keep, harbour or maintain any dog that is over three months old unless such dog is licensed.
(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 Malaysia or within fourteen days of the cancellation of an Anti-rabies Vaccination Order made 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 co
39 Special Provisions relating to Dogs and in connection with Rabies-39. Rabies-infected areas.
(1) The Chief Minister in a State may at any time as a precaution against rabies by order declare such State or any part of it specified in such order to be a rabies-infected area.
(2) Every order made under subsection (1) shall be published in 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 rabiesinfected 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; or
(b) by tying it up securely; or
(c) by leading it by a chain or lead of strong cord o
40 Special Provisions relating to Dogs and in connection with Rabies-40. Destruction or detention of animal suspected to be infected with rabies.
(1) Whenever a veterinary authority reasonably suspects that any animal may be infected with rabies or has been exposed to rabies infection he may in his discretion either cause the animal to be destroyed immediately or may order the owner or person in charge of such animal to take it immediately to an animal quarantine station for detention and observation.
(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 w
41 Special Provisions relating to Dogs and in connection with Rabies-41. Detention of any dog that has bitten a person.
(1) A veterinary authority or a police officer not below the rank of Inspector may order the owner or person in charge of any dog that has or is reasonably believed to have bitten any person to produce the dog to him for examination, and he may detain the dog at such place and for such time as he may deem advisable. If the owner or person in charge of such dog fails to comply with such order, the veterinary authority or police officer may immediately take possession of the dog and remove it to an animal quarantine station.
(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.
[Subs. by Act A1452]
42 Special Provisions relating to Dogs and in connection with Rabies-42. Anti-rabies vaccination of dogs.
(1) The Chief Minister in a State, whenever it appears to him to be expedient, may make an order (in this section referred to as an 'Antirabies Vaccination Order') that all dogs within such State, or any part of it specified in such order, shall be submitted to anti-rabies vaccination, and may at any time cancel any such order.
(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 produc
43 PART IV PREVENTION OF CRUELTY TO ANIMALS-43. Interpretation.
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. 44 PART IV PREVENTION OF CRUELTY TO ANIMALS-44. Penalty for cruelty to animals.
(1) Any person who-
(a) cruelly beats, kicks, ill-treats, overrides, overdrives, overloads, tortures, infuriates or terrifies any animal; or
(b) causes or procures or, being the owner, permits any animal to be so used; or
(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; or
(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; or
(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; or
(f) employs or causes or procures or, being the owner, permits to be employed in any work
45 PART IV PREVENTION OF CRUELTY TO ANIMALS-45. Power of veterinary authorities and police officers.
(1) Any veterinary authority and any police officer may arrest without warrant any person whom he sees committing any offence under section 44, and may seize any animal in respect of which and any conveyance or article with or by means of which such offence has been committed.
(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.
[Am. by Act A1452]
(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.
46 PART IV PREVENTION OF CRUELTY TO ANIMALS-46. Power of Town Board or Municipal Officers.
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 Councilor Local Authority or General Manager of a Town Council or Town Board, as the case may be.
47 PART IV PREVENTION OF CRUELTY TO ANIMALS-47. Orders by a Magistrate when an offence has been committed.
(1) When any person has been convicted by a Magistrate of an offence under section 44, the Magistrate may order-
(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 authori"ty not below the rank of Assistant Veterinary Officer has certified in writing that it may properly be released; or
(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 di
48 PART IV PREVENTION OF CRUELTY TO ANIMALS-48. Power to order destruction of animals.
(1) A Magistrate, Government Medical Officer, or veterinary authority not below the rank of Assistant Veterinary Officer or police officer not below the rank of Inspector who has satisfied himself by personal inspection-
(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 hou
49 PART IV PREVENTION OF CRUELTY TO ANIMALS-49. No compensation for destruction of an animal incurably diseased or injured or destroyed at request of professed owner.
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.
50 PART IV PREVENTION OF CRUELTY TO ANIMALS-50. A ward to informer.
(1) The Court by which any fine is imposed under this Part of this Act may award any portion not being more than half to the 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.
50A PART IV PREVENTION OF CRUELTY TO ANIMALS-50A. Animals and birds not to be kept in captivity for sale, export or exhibition without licence.
(1) No person shall keep in captivity for sale, export or exhibition any animal or bird in any place which is not licensed in that behalf in accordance with rules made under this Act:
Provided that this section shall not apply except in such areas as shall be prescribed by such rules.
(2) Any person who contravenes subsection (1) 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 six months or to both.
[Subs. by Act A1452]
51 PART V CONSERVATION OF LIVESTOCK-51. Movement or slaughter of cattle, etc., may be prohibited.
(1) The Chief Minister of a State may by order-
(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 (1) 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 (1).
(3) Any person who contravenes any order made under subsection
52 PART V CONSERVATION OF LIVESTOCK-52. Publication of order in Gazette .
Any order made under section 51 shall be published in the appropriate State Gazette .
53 PART VI IMPROVEMENT OF LIVESTOCK-53. Application in States.
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.
54 PART VI IMPROVEMENT OF LIVESTOCK-54. (Omitted) .
(Omitted).
55 PART VI IMPROVEMENT OF LIVESTOCK-55. Prohibition of possession of unsterilized bull.
(1) Subject to section 56 no person shall have in his possession or under his control any bull over fifteen months of age unless such bull shall have been sterilized in a manner approved by a State Director.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit.
[Subs. by Act A1452]
56 PART VI IMPROVEMENT OF LIVESTOCK-56. State Director may exempt.
(1) The State Director on application being made to him in writing by the owner of any bull and on the bull being produced at such place as the State Director may direct, may grant an exemption from section 55 in respect of any bull which he considers suitable for breeding purposes.
Such application shall contain a full description of the animal and shall state its age, the place where it is usually kept and any other particulars that may from time to time be prescribed.
(2) The State Director shall not grant an exemption under subsection (I) 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.
57 PART VI IMPROVEMENT OF LIVESTOCK-57. Register of stud bulls.
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").
58 PART VI IMPROVEMENT OF LIVESTOCK-58. Sale, death or transfer of a stud bull to be reported.
(1) Without prejudice to any other written law, the owner of a stud bull shall report to a penghulu or penggawa or to a veterinary authority the sale, death or transfer of a stud bull within one month of such sale, death or transfer, and shall produce the licence issued under section 57. The State Director shall record such sale, death or transfer in the register and upon the licence.
(2) It shall be the duty of a penghulu or penggawa receiving information under subsection (1) 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.
[Subs. by Act A1452]
59 PART VI IMPROVEMENT OF LIVESTOCK-59. Inspection of stud bulls.
(1) The State Director may at any time require the owner of a stud bull to produce such bull for inspection and may, at his discretion, withdraw the exemption granted in respect of such bull under section 56.
(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.
60 PART VI IMPROVEMENT OF LIVESTOCK-60. Notice to owner of stud bull.
(1) Where an application for exemption has been refused or a licence cancelled or where the State Director is of opinion that a bull to which this Part applies is not suitable for breeding purposes he may serve on the owner or person in charge of the bull to which such application or licence or opinion refers a notice in the prescribed form requiring such person within the time specified in such notice, not being less than fourteen days, to have such bull slaughtered or sterilized.
(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 per
61 PART VI IMPROVEMENT OF LIVESTOCK-61. Licence to be produced on demand.
(1) The owner of a stud bull shall produce or cause to be produced the licence relating to such bull at the place where the bull is kept upon being required to do so by any of the following:
(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.
[Subs. by Act A1452]
62 PART VI IMPROVEMENT OF LIVESTOCK-62. Sterilization free of charge.
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.
63 PART VI IMPROVEMENT OF LIVESTOCK-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.
64 PART VI IMPROVEMENT OF LIVESTOCK-64. Sanction to prosecute.
No prosecution under this Part shall be brought without the previous sanction of the State Director.
65 PART VI IMPROVEMENT OF LIVESTOCK-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 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 .
66 PART VI IMPROVEMENT OF LIVESTOCK-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.
67 PART VII ENFORCEMENT-67. Power to enter and search building, premises or land.
(1) A veterinary authority or a veterinary police officer for the purpose of ascertaining whether any offence against this Act is being committed or any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance is 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, as the case may be-
(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 docum
67A PART VII ENFORCEMENT-67A. Power to stop and search conveyance.
(1) Where a veterinary authority, a police officer or an officer of customs has reasonable suspicion that a conveyance is carrying any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance in contravention of any provision of this Act or any subsidiary legislation made under this Act, it shall be lawful for such officer to stop, enter and examine the conveyance for the purpose of ascertaining whether any animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance is contained therein or is being moved or transported contrary to such provision and the person in control or in charge of the conveyance shall if required to do so by the officer, stop the conveyance and allow the officer to examine it.
(2) The person in control or in charge of the conveyance examined under the provision of subsection (1) shall, on request of t
68 PART VII ENFORCEMENT-68. Power to seize, dispose and destroy animal or bird, or carcass, product of animals or birds, etc.
(1) If a veterinary authority, a police officer or an officer of customs has reason to believe that any person has committed an offence against this Act, he may seize 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 in any building, premises or lands by means of which such offence has been committed and which is a subject matter in relation to the evidence necessary to establish the commission of the offence.
(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 arti
68A PART VII ENFORCEMENT-68A. Power to seal building, premises, etc.
(1) Where applicable and by reason of its nature, size or amount it is not practicable 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 that has been seized in or on any building, premises or land 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 in any conveyance referred to in subsection 36(5), 45(1) or 68(1), the veterinary authority, the police officer or the officer of customs shall by any means and in such a manner as he deems fit, seal the building, premise or land or seal the conveyance from where the animal or bird, or carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance or document was found.
(2) The owner or the occupier of the building, premises, land or conveyance where applicable shall be
68B PART VII ENFORCEMENT-68B. Power to temporarily return animal or bird, or carcass, product of animals or birds, etc., to the owner.
(1) Where under section 68, 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 and upon a written application by the owner of the same or person entitled to under any written law, a veterinary authority, a police officer or an officer of customs may at his discretion temporarily release or return it to the owner or person entitled to it and shall subject to-
(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
69 PART VII ENFORCEMENT-69. Power to arrest.
(1) A veterinary authority, a police officer or an officer of customs may arrest without warrant any person whom he sees or finds committing or attempting to commit or whom he reasonably suspects of being engaged in committing or attempting to commit any offence against this Act if the person-
(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
(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 P
69A PART VII ENFORCEMENT-69A. Power of investigation.
(1) A veterinary authority shall have the power to investigate the commission of an offence against this Act.
(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.
[Ins. by Act A1452]
69B PART VII ENFORCEMENT-69B. Power to require attendance of person acquainted with case.
(1) Any veterinary authority making an investigation under section 69A may, by order in writing require the attendance before himself of any person who appears to the veterinary authority to be acquainted with the circumstances of the case, and the person shall attend as so required.
(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.
[Ins. by Act A1452]
69C PART VII ENFORCEMENT-69C. Examination of person acquainted with case.
(1) Any veterinary authority making an investigation under section 69A may obtain information from any person supposed to be acquainted with the facts and circumstances of the case.
(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 affix
69D PART VII ENFORCEMENT-69D. Admission of statements in evidence.
(1) Except as provided in this section, no statement made by any person to a veterinary authority in the course of an investigation under this Part shall be used in evidence.
(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 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 app
69E PART VII ENFORCEMENT-69E. Powers of enforcement officers.
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.
[Ins. by Act A1452]
70 PART VIII SUPPLEMENTAL-70. Obstructing officers in the execution of their duties.
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 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.
[Subs. by Act A1452]
71 PART VIII SUPPLEMENTAL-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.
[Subs. by Act A1452]
72 PART VIII SUPPLEMENTAL-72. General penalty.
(1) Any person who commits an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(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.
[Subs. by Act A1452]
73 PART VIII SUPPLEMENTAL-73. Penalty on second conviction.
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.
73A PART VIII SUPPLEMENTAL-73A. Offences committed by the body corporate and by agents and servants.
(1) Where a body corporate commits an offence under this Act or any of its subsidiary legislation, any person who at the time of the commission of the offence was a chief executive officer, director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management-
(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 prec
73B PART VIII SUPPLEMENTAL-73B. Compounding of offences.
(1) The Minister may by order prescribe method, amount and offence to be compounded under this section.
(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
73C PART VIII SUPPLEMENTAL-73C. Jurisdiction to try offences.
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.
[Ins. by Act A1452]
74 PART VIII SUPPLEMENTAL-74. Forfeiture.
(1) 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 has been seized or any proceeds of a sale under this Act or any subsidiary legislation made under this Act shall be liable to 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
74A PART VIII SUPPLEMENTAL-74A. Carcass, etc., or any product of animals or birds, etc., seized in respect of which there is no prosecution.
(1) If there is no prosecution with regard to any carcass, semen, fodder, litter, dung, or any product of animals or birds or any article or substance, conveyance, receptacle, package, 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, it shall be deemed to be forfeited at the expiration of one hundred and eighty days from the date of the publication of a public notice in accordance with subsection (2) by the Director General or State Director unless a claim thereto is made before the expiration of the said notice in the manner hereinafter set out.
(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 a
75 PART VIII SUPPLEMENTAL-75. Presumptions.
(1) Where the owner or person in charge of a diseased animal or bird is charged with an offence against this Act relative to such disease, he shall be presumed to have known of the existence of such disease in such animal or bird until he shows to the satisfaction of the Court before which he is charged that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.
(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.
76 PART VIII SUPPLEMENTAL-76. Prosecution.
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.
[Subs. by Act A1452]
77 PART VIII SUPPLEMENTAL-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.
78 PART VIII SUPPLEMENTAL-78. Action to be at risk and expense of owner.
(1) Any action taken under this Act or of any order, rule, or direction carcass, article, building or conveyance shall be at the risk of it's 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.
79 PART VIII SUPPLEMENTAL-79. Brands or other identification marks may be applied to animals, etc.
(1) Any person who has charge of any animal or bird shall ensure that the animal or bird bears any mark of identification which the Minister may prescribe by order.
(2) Any person who fails to comply with any order made under subsection (1) commits an offence.
(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.
[Subs. by Act A1452]
80 PART VIII SUPPLEMENTAL-80. Quarantine stations for animals.
(1) Animal quarantine stations shall be established and maintained by the Government and by State Governments at suitable places in Peninsular Malaysia. The position and name, if any, of any such quarantine station shall be notified in the appropriate Gazette .
[Am. by P.U.(A) 391/2006]
(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.
81 PART VIII SUPPLEMENTAL-81. By-laws for management of animal quarantine stations.
(1) The Director General in the case of Federal animal quarantine stations and the State Director in the case of State animal quarantine stations, after consultation with the Director General, may make by-laws for regulating the management and maintenance of animal quarantine stations.
(2) The Minister may prescribe fees for the quarantine of animals in Federal animal quarantine stations and the Ruler in Councilor Yang di- Pertua Negeri in Council may prescribe fees for the quarantine of animals in State animal quarantine stations respectively.
(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.
82 PART VIII SUPPLEMENTAL-82. Establishment of veterinary centres.
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.
83 PART VIII SUPPLEMENTAL-83. Certificates of freedom of State from disease.
A State Director may on payment ofa fee of two ringgit issue to the exporter of any animal or goods a certificate certifying that a State is free from disease.
84 PART VIII SUPPLEMENTAL-84. Importation of noxious insects or pests.
(1) No person shall knowingly import into Peninsular Malaysia or shall have in his possession any living noxious insect, or any living pest, or any living disease germ or virus or any bacterial culture, of a nature harmful or dangerous to animals or birds without the previous written permission of the Director General.
[Am. by P.U.(A) 391/2006]
(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;
[Ins. by Act A1452]
(2) Any person who contravenes this section shall be dealt with in accordance with MAQIS Act.
[Subs. by Act A1452]
85 PART VIII SUPPLEMENTAL-85. Animal or bird in a quarantine station not deemed to be entering Peninsular Malaysia.
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.
[Am. by Act A1452; P.U.(A) 391/2006]
86 PART VIII SUPPLEMENTAL-86. Power to make rules.
(1) The Minister may make rules for the further carrying out of the objects and provisions of this Act.
(2) Without prejudice to the generality of the powers conferred by subsection (I) 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 storage plants and other faciliti
87 PART VIII SUPPLEMENTAL-87. Repeal.
(1) The written laws set out in the Schedule are hereby repealed to the extent specified in the third column.
(2) (Omitted) .
(3) The Slaughter of Female Animals Proclamation and the Essential (Control of Movement and Slaughter of Animals) Regulations are hereby revoked.
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