WHEREAS it is expedient to consolidate and amend the law relating to the prevention of cruelty to animals in Bangladesh;
It is hereby enacted as follows:-
PRELIMINARY
1.(1) This Act may be called the 2[* * *] Cruelty to Animals Act, 1920.
(2) It shall come into force on such date as the Government may, by notification, direct.
(3) Except as otherwise hereinafter provided, this Act may be extended by the Government by notification, to any town or place in Bangladesh.
3. In this Act, unless there is anything repugnant in the subject or context,-
(1) “animal” means any domestic or captured animal;
3[* * *]
(4) “notification” means a notification published in the Official Gazette.
OFFENCES
(a) overdrives, cruelty or unnecessarily beats, or otherwise ill-treats any animal, or
(b) binds, keeps or carries any animal in such a manner or position as to subject the animal to unnecessary pain or suffering, or
(c) offers, exposes or has in his possession for sale any live animal which is suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment, or any dead animal which he has reason to believe to have been killed in an unnecessarily cruel manner,
he shall be punished for every such offence with fine which may extend to one hundred Taka , or with imprisonment for a term which may extend to three months, or with both.
(1) if the owner of that animal, and
(2) if any person who, as a trader, carrier or contractor, or who, in virtue of his employment by a trader, carrier or contractor, is in possession of that animal or in control over the loading of it,
permits such overloading, he shall be punished with fine which may extend to one hundred Taka.
Explanation.− For the purposes of this section an owner or other person referred to in clauses (1) and (2) above shall be deemed to have permitted overloading if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom.
Provided that in the case of a second or subsequent conviction of a person under this section, such person shall be punished both with fine which may extend to five hundred Taka and with imprisonment which may extend to two years.
Provided that nothing in this section shall render it an offence to kill any animal in a manner required by the religion or religious rites and usages of any race, sect, tribe or class, or for any bona fide scientific purpose or for the preparation of any medicinal drug.
(2) If any person is charged with an offence against section 8, and it is proved that such person had in his possession, at the time of the alleged offence, the skin of a goat with any part of the skin of the head attached thereto, it shall be presumed, until the contrary be proved, that such goat was killed in an unnecessarily cruel manner, and that the person in possession of such skin had reason so to believe.
(1) if the owner of that animal, and
(2) if any person who, as a trader, carrier or contractor, or who, in virtue of his employment by a trader, carrier or contractor, is in possession of that animal or in control over the employment of it,
permits such employment, he shall be liable to the same punishment.
Explanation.- For the purposes of this section an owner or other person referred to in clauses (1) and (2) above shall be deemed to have permitted such employment if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom.
(a) incites any animal to fight, or
(b) baits any animal, or
(c) aids or abets any one in such incitement or baiting,
he shall be punished with fine which may extend to fifty Taka.
6[12A If any person employs a buffalo for draught purposes between such hours during such period as may be prescribed he shall be punished for every such offence with fine which may extend to fifty Taka.]
(2) The Government may erect weighbridges at the places so appointed, and may acquire, by purchase or otherwise, existing weighbridges erected by any person and maintain them for the purposes of sub-section (1).
(a) to be Veterinary Inspectors for carrying into effect the provisions of this Act, and may declare the areas within which such officers shall exercise their powers under this Act and the areas of which they shall be in charge;
(b) to be weighbridge-officers, to have charge of any weighbridge or weighbridges established under section 13.
(2) If the weighbridge-officer is satisfied that an offence against section 5 has been committed, he shall cause the excess load to be removed.
(1a) At any time before the expiration of the period referred to in sub-section (1) the owner of the load may remove it free of charge from the weighbridge.
(1b) the weighbridge-officer may, at the request of the owner of the load referred to in sub-section (1), forward the load to its destination on payment by the owner of all costs incurred or liable to be incurred in its removal, detention and forwarding.
(1c) If the load is not removed from the weighbridge within the period referred to in sub-section (1) it shall be made over by the weighbridge-officer to the police or any person duly authorized by the Government in this behalf.
(2) Any load which was being carried by an animal seized under section 18 and taken to a police-station, shall be kept by the officer in charge of the police-station, at the police-station, or at any other place appointed by the Government for this purpose. The said load shall be kept during the first forty-eight hours of such detention at the risk of the owner thereof, and he may remove the same during that period free of charge.
(3) (a) The officer in charge of the police-station or the person authorized under sub-section (1), in the case of any load made over to him by the weighbridge officer, and
(b) the officer in charge of the police-station, in the case of any load kept by him under sub-section (2) which has not been removed by the owner within forty-eight hours, shall enter, in a register to be kept for the purpose, such particulars of the load as may be prescribed by rules made under section 29 and the load shall thereafter be returned to the person who proves to the satisfaction of the person authorized by the Government in this behalf that the same belongs to him, on payment of all costs incurred in the removal and detention of such load:
Provided that if the load, or any part thereof, consisted of articles which are subject to speedy and natural decay, or consists of livestock, that load, or part thereof, may forthwith be sold or otherwise disposed of under the orders of the person authorized by the Government in this behalf in accordance with rules made under section 29; and the sale-proceeds, after deducting therefrom all expenses incurred in the removal, detention and sale of the entire load, shall be made over to the owner, on proof of his ownership, within six months from the date of entry in the Register.
(4) All costs for the removal, detention and forwarding of all loads under this section shall be payable by the owner of the goods according to such scale of rates as the Government may prescribe by rules made under section 29.
(2) The police-officer or person who seizes any animal under sub-section (1) may require the person in charge of the animal to accompany it to the place of examination.
(2) If on such examination, the Veterinary Inspector is of opinion that the animal is unfit to be employed on the work or labour on which it was employed at the time of its seizure, he shall either send the animal for treatment and care to an infirmary appointed under section 14, and inform the owner of the animal of his having done so, or (if he considers that a prosecution is necessary, or if the owner of the animal so elects) direct the prosecution of the offender and produce the animal before the Magistrate.
24.(1) When any animal has been sent to an infirmary in accordance with the provisions of section 22, sub-section (2), or of section 23, it shall be detained there until, in the opinion of the officer in charge of the infirmary, it is cured, or again fit for the work or labour on which it is the intention of the owner to employ it. Detention and cost of treatment of animals at infirmaries
(2) The cost of the treatment, feeding and watering of the animal in the infirmary shall be payable by the owner of the animal, according to such scale of rates as the Government may prescribe.
(3) If the owner refuses or neglects to pay such cost, or to remove the animal within such time as the officer in charge of the infirmary may prescribe, that officer may direct that the animal be sold and the proceeds of the sale be applied to the payment of such cost.
(4) The surplus, if any, of the proceeds of the sale shall, on application to be made by the owner within two months after the date of the sale, be paid to him; but the owner shall not be liable to make any payment in excess of the proceeds of the sale.
(5) If no application is made by the owner for the surplus sale-proceeds within the period prescribed under sub-section (4), these proceeds shall be applied in such manner as the Government may prescribe by rules made under section 29.
(6) if an animal cannot be sold under sub-section (3) the officer in charge of the infirmary may dispose of it in such manner as the Government may prescribe by rules made under section 29.
(2) When any animal is sent to an infirmary in accordance with the provisions of section 22, sub-section (2), or of section 23, the officer in charge of the infirmary may direct the immediate destruction of the animal, if, in his opinion, its physical condition is such as to render such direction proper, or if he considers it to be permanently unfit for work by reason of old age or some incurable disease:
Provided that no order directing destruction shall be made in respect of any bull, bullock or cow which is unfit for work by reason only of old age.
(3) Any police-officer who finds any animal so diseased, or so severely injured, or in such a physical condition, that it cannot without cruelty be removed, shall, if the owner is absent or refuses to consent to the destruction of the animal, at once summon the Veterinary Inspector in charge of the area in which the animal is found and, if the Veterinary Inspector certifies that the animal is mortally injured, or so severely injured, or so diseased, or in such a physical condition, that it is cruel to keep it alive, the police-officer may, without the consent of the owner, kill the animal or cause it to be killed.
(2) When the true name and address of a person arrested under sub-section (1) have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required:
Provided that if such person is not resident in Bangladesh, the bond shall be secured by a surety or sureties resident in Bangladesh.
(3) If the true name and address of such person is not ascertained within twenty-four hours from the time of arrest, or if he fails to execute the bond, or if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
(2) The provisions of the Code of Criminal Procedure, 1898, relating to searches under that Code shall, so far as those provisions can be made applicable, apply to a search made under sub-section (1) or under section 27.
RULES
(2) In particular, and without prejudice to the generality of the foregoing power, the Government may make rules-
(a) prescribing the maximum weight of the loads to be carried on or drawn by animals;
(b) for preventing the overcrowding of animals;
7[(bb) prescribing the period during which and hours between which buffaloes shall not be used for draught purposes;]
(c) for regulating the use of tests and the manner of examination of animals;
(d) prescribing the qualifications of persons to be appointed to be Veterinary Inspectors an weighbridge-officers;
(e) prescribing the procedure to be followed after removal of a load under section 17, sub-section (2), or under section 18;
(f) prescribing the particulars to be entered in the register maintained under section 19, sub-section (3);
(g) prescribing such other forms or registers as may be required for carrying out the purposes of this Act;
(h) for carrying out the provisions of the proviso to sub-section (3) of section 19 and of section 20 in regard to the disposal of loads;
8[(hh) prescribing the scale of rates of all costs and charges payable under section 19;]
(i) prescribing the manner in which fines realized under this Act and sale-proceeds realized under section 20 and section 24, sub-section (5), shall be applied;
(j) for carrying out the provisions of section 24, sub-section (6), in regard to the disposal of animals; and
(k) for regulating the destruction of animals under section 25.
MISCELLANEOUS
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1
Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Taka” were substituted, for the words “East Pakistan” or “Pakistan”, “Provincial Government” and “rupees” or “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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2
The word “Bengal” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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3
Clauses (2) and (3) were omitted by East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962)
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4
Sections 6A and 6B were inserted by the Bengal Cruelty to Animals (Amendment) Act, 1938 (Act No. I of 1938)
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5
The words “a Paurashava” were substituted, for the words and comma “a Municipal Committee or Town Committee, as the case may be” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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6
Section 12A was inserted by the Bengal Cruelty to Animals (Amendment) Act, 1926 (Act No. VII of 1926)
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7
Clause (bb) was inserted by section 6 of the Bengal Cruelty to Animals (Amendment) Act, 1926 (Act No. VII of 1926)
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8
Clause (hh) was inserted by section 6 of the Bengal Cruelty to Animals (Amendment) Act, 1926 (Act No. VII of 1926)
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9
The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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10
The words “Penal Code” were substituted, for the words “Pakistan Penal Code” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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11
The words “Paurashava or the Zilla Board” were substituted, for the words “Municipal Committee or the District Council” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)