2. Insertion of new section 3AA…

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The Animals Act, No. 29 of 1958 (hereinafter referred to as the principal enactment) is hereby amended by the insertion immediately after section 3A thereof of the following new section which shall have effect as section 3AA of that enactment :—

3AA. (1) Notwithstanding anything to the contrary in any other written law, where an offence in relation to an animal is committed and where such offence is brought to the notice 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

“Care of animals against whom offences are committed.

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

(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).”.

Read on from s 3