ACT, No. 10 OF 2009

10of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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ANIMALS (AMENDMENT)
ACT, NO. 10 OF 2009
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[Certified on 17th March, 2009]
Printed on the Order of Government
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of March 20, 2009
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Animals (Amendment) Act, No. 10 of 2009 1
[Certified on 17th March, 2009]
L. D.—O. 62/2006.
AN ACT TO AMEND THE ANIMALS ACT, NO. 29 OF 1958
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the Animals (Amendment) Short title.
Act, No. 10 of 2009.
2. The Animals Act, No. 29 of 1958 (hereinafter referred Insertion of new
to as the principal enactment) is hereby amended by the section 3AA in
insertion immediately after section 3A thereof of the Act No.29 of
1958.
following new section which shall have effect as section 3AA
of that enactment :—
“Care of 3AA. (1) Notwithstanding anything to the
animals contrary in any other written law, where an
against
offence in relation to an animal is committed
whom
offences are and where such offence is brought to the notice
committed. of the Magistrate having competent
jurisdiction, the Magistrate may, pending the
determination of the case, make an interim
Order to the effect that the animal against
whom the offence has been committed—
(a) be handed into the custody of an Animal
Care Centre approved by the Minister by
Order published in the Gazette;
(b) be handed over to any non-governmental
organization whose primary objective is
concerned with the welfare of animals; or
(c) be handed over to the custody of any
person whom the court is satisfied, is
actively engaged in caring for animals.
(2) It shall be the duty of such Animal Care
Centre, non-governmental organization or
2—003364—4,200 (04/2009)
2 Animals (Amendment) Act, No. 10 of 2009
person as the case may be, to care for such
animal until the final determination of the
proceedings.
(3) Where the person who committed the
offence referred to in subsection (1) is convicted
of such offence, the Magistrate shall in addition
to the punishment he may impose in relation
thereto—
(a) make order that the animal be
confiscated; or
(b) make order that the animal be handed
over to the owner of the animal, upon his
establishing ownership of the animal and
on the owner showing cause that the
offence was committed or was sought to
have been committed without his
knowledge or connivance.
(4) Where an order is made for the
confiscation of the animal, the Magistrate shall
confirm the interim order made under
subsection (1) and provide for the handing
over of the custody and care of the animal to
an approved Animal Care Centre, non-
governmental organization or person referred
to, respectively in paragraphs (a), (b) and (c),
of subsection (1).
(5) The Minister may make regulations
specifying —
(a) the standards to be maintained by;
(b) the manner of obtaining approval and
the procedure to be followed for the
establishment of; and
Animals (Amendment) Act, No. 10 of 2009 3
(c) the procedure for the monitoring and
inspection of,
any animal care centre, non governmental
organization or person referred to in paragraphs
(a), (b) and (c) respectively of subsection (1).”.
3. Section 3D of the principal enactment is hereby Renumbering of
amended by the renumbering of that section as section 3E of section 3D of the
principal
that enactment.
enactment.
4. The following new section is hereby inserted Insertion of new
immediately before the section 3E of the principal enactment section 3D in the
principal
and shall have effect as section 3D of that enactment:— enactment.
“Penalty for 3D. Any person who contravenes the
the offences provisions of this Part of this Act or any
committed
under Part II. regulation made thereunder, shall commit an
offence and shall on conviction after summary
trail by a Magistrate be liable to a fine not
exceeding fifty thousand rupees or to
imprisonment of either description for a term
not exceeding three years or to both such fine
and imprisonment.”.
5. In the event of any inconsistency between the Sinhala Sinhala text to
and Tamil texts of this Act, the Sinhala text shall prevail. prevail in case
of
inconsistency.

4 Animals (Amendment) Act, No. 10 of 2009
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