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GILGIT ACT NO. V OF 2012

GILGIT-BALTISTAN PREVENTION OF CRUELTY TO ANIMALS ACT, 2012

[Gazette of Pakistan, Extraordinary, Part-I, 15th October, 2012]

WHEREAS it is expedient to make further provision for the Prevention of Cruelty to Animals; it is hereby enacted as follows:-

1.       Title, extend and commencement and supersession of other enactments.—(1) This Act shall be called the Gilgit-Baltistan Prevention of Cruelty to Animals, Act No. V of 2012.

(2)     It shall be extended whole of Gilgit-Baltistan.

(3)     It shall com into force immediately.

2.       Definition.—In this Act, unless there is something repugnant in the subject or context.—

(1)     "Animal" means any domestic or captured animal.

(2)     "Street" including any way, road, lane, square, Court, alley, passage or open space, whether a thoroughfare or not, to which the public have access.

(3)     Phooka or doom dev includes any process of introducing air or any substance into the females the organ of a milk animal with the object of drawing off from the animal any secretion of milk.

3.       Penalty for cruelly to animals and for sale of animals killed with unnecessary cruelty.–If any person,—

(a)     overdrives, beats, or otherwise treats any animal so as to subject it to unnecessary or suffering, or

(b)     binds, keeps, carries or consigns for carriage any animal in such manner or position as to subject it to unnecessary pain or suffering, or

(c)     offers for sale of without reasonable cause has in his possession any live animal which is suffering pain by reason of mutilation, starvation, thirst, over-crowding or other ill-treatment, or

(d)     offers for sale any dead animal or part of a dead animal which he has reason to believe has been killed in an unnecessary cruel manner, or

 

(e)     without reasonable cause abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst,

(f)      he shall be punished, in the case of a first offence, with line which may extend to fifty rupees, or with imprisonment for a term which may extend to one month and, in the case of a second or subsequent offence committed within three years of the previous offence, with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both.

4.       Penalty for overloading animals.–(1) If any person overloads any animal, he shall be punished with fine which may extend to one housand five hundred rupees, or with imprisonment for a term which may extend to one month.

(2)  If the owner of any animal, or any person who, either as a trader, carrier or contractor or by virtue of his employment by a trader, carrier or contractor, is in possession of, or in control of the loading of, any animal, permits the overloading of such animal, he shall be punished with fine which may extend to one thousand rupees.

5.       Penalty for practicing phooka.–(1) If any person performs upon any cow or other milk animal the operation called phooka or doom dev, or permits such operation to be performed. Upon any such animal in his possession or under his control, he shall be punished with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to two years, or with both, and the animal on which the operation was performed shall be forfeited to Government:

Provided that in the case of a second or subsequent conviction of a person under this section he shall be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to two years.

(2) A Court may order payment out of any fine imposed under this section of an amount not exceeding one-tenth of the fine to any person other than a police officer or officer of a society or institution concerned with the prevention of cruelty to animals who has given information leading to the conviction.

6.       Penalty for killing animals with unnecessary cruelty anywhere.–If any person kills any animals in a an unnecessary cruel manner, he shall be punished with fine which may extend to two hundred rupees, or with imprisonment for a term which may extend to six months, or with both.

7.       Penalty for being in possession of the skin of a goat killed with unnecessary cruelty.—In any person has in his possession the skin of a animals, and has reason to believe that the animals has been killed in an unnecessary cruel manner, he shall be punished with fine which may extend to one thousand rupees, or with imprisonment which may extend to three months, or with both, and the skin shall be confiscated.

8.       Penalty for employing anywhere animals unfit for labour.—If any person employs in any work or labour any animal which any reason of any disease infirmity, wound, sore or other cause is unfit to be so employed, or permit any such unfit animal in his possession or under his control to be so employed he shall be punished with fine which may extend to one thousand rupees.

9.       Interpretation.—For the purpose of Sections 3-A and 6, an owner of other person in possession or control of an animal shall be deemed to have permitted an offence if he has failed to exercise reasonable care and supervision with a view to the prevention of such offence, and for the purposes of Section 4, if he fails to prove that he has exercised such care and supervision.

10.     Treatment and care of animals.–(1) The Provincial Government may, by general or special order, appoint infirmaries for the treatment and care of animals in respect of which offences against this Act have been committed, and may authorised the detention of animal pending its production before a Magistrate.

(2)     The Magistrate before whom a prosecution for an offence against this Act has been instituted may direct that the animal concerned shall be treated and cared for it an infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the Veterinary Officer Incharge of the area in which the animal is found, or, such other Veterinary Officer as may be authorised in this behalf by rules made under Section 15 certifies that it is incurable or cannot be removed without cruelty, that it shall be destroyed.

(3)     An animal sent for case and treatment to an infirmary shall not, unless the Magistrate directs that it shall be sent to a pinjrapole or that, it shall be destroyed, be released from such place except upon a certificate on its finches for discharge issued by the Veterinary Officer incharge of the area in which, the infirmary is situated or such other Veterinary Officer as may be authorised in this behalf by rules made under Section 15.

(4)     The cost of transporting an animal to an infirmary or pinjrapole, and of its maintenance and treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of rates to be prescribed by the District Magistrate:

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By |2016-06-26T11:19:02+00:00June 23rd, 2016|Laws|0 Comments

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