Uganda Legal Information Institute - Animals https://old.ulii.org/taxonomy/term/5 en Animals (Straying) Act https://old.ulii.org/node/23791 <section class="field field-name-field-chapterno field-type-text field-label-above view-mode-rss"><h2 class="field-label">Chapter number:&nbsp;</h2><div class="field-items"><div class="field-item even">40</div></div></section><section class="field field-name-field-inforce field-type-text field-label-above view-mode-rss"><h2 class="field-label">In-force:&nbsp;</h2><div class="field-items"><div class="field-item even">Yes</div></div></section><section class="field field-name-field-consoldate field-type-date field-label-above view-mode-rss"><h2 class="field-label">Date of consolidation:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="date-display-single" property="dc:date" datatype="xsd:dateTime" content="2000-12-31T00:00:00+02:00">31 December 2000</span></div></div></section><section class="field field-name-field-clegdownload field-type-file field-label-above view-mode-rss"><h2 class="field-label">Download of Original File:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="Microsoft Office document icon" title="application/msword" src="/modules/file/icons/x-office-document.png" /> <a href="https://old.ulii.org/system/files/legislation/consolidated-act/40/consolidated_act_2000_40.doc" type="application/msword; length=10080">consolidated_act_2000_40.doc</a></span></div></div></section><section class="field field-name-field-volume-subject field-type-taxonomy-term-reference field-label-above view-mode-rss"><h2 class="field-label">Volume Subject:&nbsp;</h2><ul class="field-items"><li class="field-item even"><a href="/taxonomy/term/5" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Animals</a></li></ul></section><div class="field field-name-body field-type-text-with-summary field-label-hidden view-mode-rss"><div class="field-items"><div class="field-item even" property="content:encoded"><div> <p> </p> <p><strong>CHAPTER 40</strong></p> <p><strong>THE ANIMALS (STRAYING) ACT. </strong><strong>Arrangement of Sections.</strong></p> <p>Section</p> <p>1.         Power to seize straying animals.</p> <p>2.         Disposal of straying animals.</p> </div> <p> </p> <p> </p> <p><strong>CHAPTER 40 </strong></p> <p> </p> <p><strong>THE ANIMALS (STRAYING) ACT.</strong></p> <p><em>Commencement</em>: 30 December, 1922.</p> <p><strong>An Act relating to the straying of animals.</strong></p> <p><strong>1.</strong><strong>      Power to seize straying animals.</strong></p> <p>(1)       An administrative, veterinary or police officer or inspecting officer may seize any animal found straying, or any animal of which he or she has reason to believe the owner refuses to take and keep charge, and may order that animal to be taken immediately into any area or place, or he or she may remove the animal to any pound, enclosure or other place selected by a veterinary officer and detain it there subject to the orders of a magistrate.</p> <p>(2)       Any seizure and detention made under this section shall with all practicable speed be reported by the official making it to a magistrate having jurisdiction in the area within which the seizure has been made.</p> <p><strong>2.</strong><strong>      Disposal of straying animals.</strong></p> <p>Whenever it is reported to a magistrate that any animal has been seized and detained under section 1, but that the owner of the animal is unknown or cannot be found, the magistrate may, if satisfied by evidence on oath that the owner is unknown or cannot be found, make such order for the detention, sale or disposal of the animal and of the proceeds therefrom, if any, as he or she may think fit; but—</p> <p>(a)       no order shall be made unless the owner, if his or her name and whereabouts are known, of the animal has had an opportunity of appearing before the magistrate to show cause why the order should not be made; and</p> <p>(b)       if it appears that the owner is willing to take and keep charge of the animal, the magistrate may make such an order releasing the animal to the owner on payment of the expenses incurred in connection with the animal as shall be stated by the magistrate in the order and, in addition, if the magistrate thinks fit, of a fine not exceeding ten shillings for each animal.</p> <p><strong>History: </strong>Cap 221.</p> <p> </p> </div></div></div> Tue, 28 Jul 2015 08:39:03 +0000 Anonymous 23791 at https://old.ulii.org Animals (Prevention of Cruelty) Act https://old.ulii.org/node/23790 <section class="field field-name-field-chapterno field-type-text field-label-above view-mode-rss"><h2 class="field-label">Chapter number:&nbsp;</h2><div class="field-items"><div class="field-item even">39</div></div></section><section class="field field-name-field-inforce field-type-text field-label-above view-mode-rss"><h2 class="field-label">In-force:&nbsp;</h2><div class="field-items"><div class="field-item even">Yes</div></div></section><section class="field field-name-field-consoldate field-type-date field-label-above view-mode-rss"><h2 class="field-label">Date of consolidation:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="date-display-single" property="dc:date" datatype="xsd:dateTime" content="2000-12-31T00:00:00+02:00">31 December 2000</span></div></div></section><section class="field field-name-field-clegdownload field-type-file field-label-above view-mode-rss"><h2 class="field-label">Download of Original File:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="Microsoft Office document icon" title="application/msword" src="/modules/file/icons/x-office-document.png" /> <a href="https://old.ulii.org/system/files/legislation/consolidated-act/39/consolidated_act_2000_39.doc" type="application/msword; length=64160">consolidated_act_2000_39.doc</a></span></div></div></section><section class="field field-name-field-volume-subject field-type-taxonomy-term-reference field-label-above view-mode-rss"><h2 class="field-label">Volume Subject:&nbsp;</h2><ul class="field-items"><li class="field-item even"><a href="/taxonomy/term/5" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Animals</a></li></ul></section><div class="field field-name-body field-type-text-with-summary field-label-hidden view-mode-rss"><div class="field-items"><div class="field-item even" property="content:encoded"><div> <p> </p> <p><strong>CHAPTER 39 </strong></p> <p><strong>THE ANIMALS (PREVENTION OF CRUELTY) ACT.</strong></p> <p><strong>Arrangement of Sections.</strong></p> <p> </p> <table border="0" cellpadding="0" cellspacing="0"> <tbody> <tr> <td style="height:17px; width:64px"> <p>Section</p> </td> <td style="height:17px; width:419px"> <p> </p> </td> </tr> <tr> <td style="height:20px; width:64px"> <p>1.</p> </td> <td style="height:20px; width:419px"> <p>Interpretation.</p> </td> </tr> <tr> <td style="height:18px; width:64px"> <p>2.</p> </td> <td style="height:18px; width:419px"> <p>Offences of cruelty.</p> </td> </tr> <tr> <td style="height:18px; width:64px"> <p>3.</p> </td> <td style="height:18px; width:419px"> <p>Power of court to order destruction of animal.</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p>4.</p> </td> <td style="height:19px; width:419px"> <p>Penalty for permitting diseased animal to be at large in public</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p> </p> </td> <td style="height:19px; width:419px"> <p>places.</p> </td> </tr> <tr> <td style="height:18px; width:64px"> <p>5.</p> </td> <td style="height:18px; width:419px"> <p>No appeal against order for destruction.</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p>6.</p> </td> <td style="height:19px; width:419px"> <p>Power of court to deprive person convicted of cruelty of</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p> </p> </td> <td style="height:19px; width:419px"> <p>ownership of animal.</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p>7.</p> </td> <td style="height:19px; width:419px"> <p>Poisoned grain, etc.</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p>8.</p> </td> <td style="height:19px; width:419px"> <p>Injured animals.</p> </td> </tr> <tr> <td style="height:18px; width:64px"> <p>9.</p> </td> <td style="height:18px; width:419px"> <p>Detention of animals.</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p>10.</p> </td> <td style="height:19px; width:419px"> <p>Owners to produce animal if so required.</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p>11.</p> </td> <td style="height:19px; width:419px"> <p>Experiments on living animal.</p> </td> </tr> <tr> <td style="height:18px; width:64px"> <p>12.</p> </td> <td style="height:18px; width:419px"> <p>Restrictions on experiments on living animal.</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p>13.</p> </td> <td style="height:19px; width:419px"> <p>Minister may grant and revoke licences.</p> </td> </tr> <tr> <td style="height:19px; width:64px"> <p>14.</p> </td> <td style="height:19px; width:419px"> <p>Minister may require reports.</p> </td> </tr> <tr> <td style="height:17px; width:64px"> <p>15.</p> </td> <td style="height:17px; width:419px"> <p>Rules.</p> </td> </tr> </tbody> </table> </div> <p> </p> <p> </p> <div> <p><strong>CHAPTER 39 </strong></p> <p><strong>THE ANIMALS (PREVENTION OF CRUELTY) ACT.</strong></p> <p><em>Commencement</em>: 5 December, 1957.</p> <p><strong>An Act to make provision for the prevention of cruelty to animals.</strong></p> <p><strong>1.</strong><strong>      Interpretation.</strong></p> <p>In this Act, unless the context otherwise requires—</p> <p>(a)       “authorised officer” means any administrative officer, any police officer, any veterinary officer, any officer of the game and fisheries departments, any chief of or above the rank of subcounty chief or any other person appointed by the Minister to be an authorised officer;</p> <p>(b)       “court” includes any court having jurisdiction;</p> <p>(c)       “licensed person” means a person licensed under section 13;</p> <p>(d)       “public place” includes any public way and any building, place or conveyance to which for the time being the public are entitled or permitted to have access either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any public or religious meetings or assembly or as an open court;</p> <p>(e)       “public way” includes any highway, marketplace, square, street, bridge, or other way which is lawfully used by the public;</p> <p>(f)        “vermin” means any animal injurious to man, crops or to other animals but does not include any animal wholly or partly protected under the Uganda Wildlife Act.</p> <p><strong>2.</strong><strong>      Offences of cruelty.</strong></p> <p>(1)    Any person who—</p> <p>(a)       cruelly beats, kicks, ill-treats, overrides, overdrives, overloads, tortures or infuriates any animal, or causes or procures, or being the owner, permits any animal to be so used, or by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, causes any unnecessary suffering, or being the owner, permits any unnecessary suffering to be so caused to any animal;</p> <p>(b)       conveys or carries, or causes or procures, or being the owner,</p> </div> <p> </p> <div> <p>permits to be conveyed or carried, any animal in such manner or position as to cause that animal unnecessary suffering;</p> <p>(c)       wilfully, without any reasonable cause or excuse, administers, or causes or procures, or being the owner, permits the administration of, any drug or substance to any animal, or wilfully, without any reasonable cause or excuse, causes any such substance to be taken by any animal;</p> <p>(d)       subjects, or causes or procures, or being the owner, permits to be subjected, any animal to any operation which is performed without due care and humanity; or</p> <p>(e)     kills any animal in an unnecessarily cruel manner,<br /> commits an offence of cruelty within the meaning of this Act and is liable on<br /> conviction to a fine not exceeding one thousand shillings or to imprisonment<br /> for a period not exceeding three months or to both such fine and<br /> imprisonment.</p> <p>(2)       For the purposes of this section, an owner shall be deemed to have permitted cruelty within the meaning of this Act if he or she has failed to exercise reasonable care and supervision in respect of the protection of the animal from cruelty; but where an owner is convicted of permitting cruelty within the meaning of this Act by reason only of his or her having failed to exercise such care and supervision, he or she shall not be liable to imprisonment without the option of a fine.</p> <p>(3)       Nothing in this section shall apply to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animals as food for mankind, unless the destruction or the preparation was accompanied by the infliction of unnecessary suffering.</p> <p><strong>3.     Power of court to order destruction of animal.</strong></p> <p>(1)       Where the owner of an animal is convicted of an offence of cruelty, the court may, if it is satisfied that it would be cruel to keep the animal alive, direct that the animal be destroyed, and assign the animal to any suitable person for that purpose; and the person to whom the animal is so assigned shall, as soon as possible, destroy the animal, or cause or procure the animal to be destroyed in his or her presence without unnecessary suffering.</p> <p>(2)       Any reasonable expenses incurred in destroying the animal shall be recovered from the owner of the animal as a civil debt recoverable under</p> </div> <p> </p> <div> <p>the Debts (Summary Recovery) Act.</p> <p><strong>4.</strong><strong>      Penalty for permitting diseased animal to be at large in public<br /> places.</strong></p> <p>(1)       Any person who permits any animal of which he or she is the owner or which is in his or her possession or under his or her control to be at large in any public place while the animal is suffering from any contagious or infectious disease commits an offence and is liable on conviction to a fine not exceeding one thousand shillings.</p> <p>(2)       An authorised officer may seize any animal suffering from any contagious or infectious disease which is at large in any public place and any court may order it to be destroyed.</p> <p><strong>5.</strong><strong>      No appeal against order for destruction.</strong></p> <p>An appeal shall not lie from any order for destruction made under either section 3 or 4, and the order shall be final and shall not be liable to be contested by suit or otherwise.</p> <p><strong>6.</strong><strong>      Power of court to deprive person convicted of cruelty of ownership<br /> of animal.</strong></p> <p>If the owner of any animal is guilty of cruelty to the animal within the meaning of this Act, the court, upon his or her conviction of the cruelty, may, if it thinks fit, in addition to any other punishment, deprive the person of the ownership of the animal, and may make such order as to the disposal of the animal as it thinks fit under the circumstances; but no order shall be made under this section unless it is shown by evidence as to a previous conviction, or as to the character of the owner, or otherwise, that the animal, if left with the owner, is likely to be exposed to further cruelty.</p> <p><strong>7.</strong><strong>      Poisoned grain, etc.</strong></p> <p>(1)    Any person who—</p> <p>(a) sells, or offers or exposes for sale, or gives away or causes or procures any person to sell or offer or expose for sale or give away, or knowingly is a party to the sale or offering or exposing for sale or giving away of any grain or seed which has been rendered poisonous except for bona fide use in agriculture; or</p> </div> <p> </p> <div> <p>(b) knowingly puts or places, or causes or procures any person to put or place, or knowingly is a party to the putting or placing, in or upon any land or building any poison, or any fluid or edible matter, not being sown seed or grain, which has been rendered poisonous,</p> <p>commits an offence and is liable on conviction to a fine not exceeding one</p> <p>thousand shillings.</p> <p>(2) In any proceedings under subsection (1)(b), it shall be a defence that the poison was placed by the accused for the purpose of destroying insects and other invertebrates or vermin where that is found to be necessary in the interests of public health, agriculture, forestry or the preservation of other animals, domestic or wild, or for the purpose of manuring the land, and that he or she took all reasonable precautions to prevent access of dogs, cats, fowls or other domestic animals to the poison.</p> <p><strong>8.</strong><strong>      Injured animals.</strong></p> <p>(1)       If an authorised officer finds any animal so diseased or so severely injured or in such a physical condition that, in his or her 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, the authorised officer may, without the consent of the owner, slaughter the animal, or cause or procure it to be slaughtered, with such instruments or appliances, and with such precautions, and in such manner as to inflict as little suffering as possible, and, if the slaughter takes place on any public highway, to remove the carcass or cause or procure it to be removed from the public highway.</p> <p>(2)       If in the opinion of the authorised officer the injured animal can, without cruelty, be removed, the person in charge of the animal shall cause it immediately to be removed with as little suffering as possible, and, if that person fails so to do, an authorised officer may, without the consent of that person, cause the animal immediately to be so removed.</p> <p><strong>9.</strong><strong>      Detention of animals.</strong></p> <p>Where a person in possession of an animal is charged with an offence under this Act, and the animal is required for the purpose of the trial, an authorised officer may take charge of the animal, and deposit it in some place of safe custody until the termination of the proceedings or until the court directs the</p> </div> <p> </p> <div> <p>animal to be delivered to the person charged or the owner, and the reasonable costs of the detention, including the reasonable costs of veterinary treatment where such treatment is required, shall, in the event of a conviction in respect of the animal, be recoverable from the owner of the animal as a civil debt recoverable under the Debts (Summary Recovery) Act, or, where the owner is convicted, shall be part of the costs of the case.</p> <p><strong>10.</strong><strong>    Owners to produce animal if so required.</strong></p> <p>(1)       Where proceedings are instituted under this Act, the court may issue a summons direct to the owner of the animal requiring the owner to produce either at or at any time before the hearing of the case as may be stated in the summons the animal for the inspection of the court if the production is possible without cruelty.</p> <p>(2)       Where a summons is issued under subsection (1) and the owner fails to comply with it without satisfactory excuse, he or she commits an offence and is liable on conviction to a fine not exceeding five hundred shillings or in the case of a second or subsequent offence to a fine not exceeding one thousand shillings and may be required to pay the costs of any adjournment rendered necessary by his or her failure.</p> <p><strong>11.</strong><strong>    Experiments on living animal.</strong></p> <p>(1)       No person shall perform on a living animal any experiment calculated to give pain except subject to the restrictions imposed by section 12.</p> <p>(2)       Any person performing or taking part in performing any experiment calculated to give pain in contravention of this Act commits an offence and on first conviction is liable to a fine not exceeding one thousand shillings and on a second or subsequent conviction is liable to a fine not exceeding two thousand shillings or to imprisonment for a period not exceeding three months or to both such fine and imprisonment.</p> <p>(3)       A prosecution under this section against any licensed person shall not be instituted except with the consent in writing of the Director of Public Prosecutions.</p> </div> <p> </p> <div> <p><strong>12.   Restrictions on experiments on living animal.</strong></p> <p>(1)     Subject to subsection (2), the following restrictions shall be<br /> observed in the performance on any living animal of an experiment<br /> calculated to give pain—</p> <p>(a)       the experiment shall be performed only with a view to the advancement by new discovery or physiological knowledge or of knowledge that will be useful in saving or prolonging life or alleviating suffering;</p> <p>(b)       the experiment shall be performed by or under the direction of a licensed person;</p> <p>(c)       the animal shall during the whole of the experiment be under the influence of some anaesthetic of sufficient power to prevent the animal feeling pain;</p> <p>(d)       the animal shall, if the pain is likely to continue after the effect of the anaesthetic has ceased, or if any serious injury has been inflicted on the animal, be killed before it recovers from the influence of the anaesthetic which has been administered;</p> <p>(e)       the experiment shall not be performed as an illustration to lectures in medical schools, hospitals, colleges or elsewhere; and</p> <p>(f)        the experiment shall not be performed for the purpose of attaining manual skill.</p> <p>(2)     Notwithstanding subsection (1), the restrictions imposed by it<br /> shall not apply in the circumstances and to the extent set out in this<br /> subsection—</p> <p>(a)       experiments may be performed under subsection (1) as to the use of anaesthetics by a licensed person giving illustrations to lectures in medical schools, hospitals, colleges or elsewhere, if the experiments are in his or her opinion necessary for the due instruction of the persons to whom the lectures are given with a view to their acquiring physiological knowledge or knowledge which will be useful to them for saving or prolonging life or alleviating suffering;</p> <p>(b)       experiments may be performed without the use of anaesthetics by a licensed person, if in his or her opinion insensibility cannot be produced without necessarily frustrating the object of the experiments;</p> <p>(c)       experiments may be performed by a licensed person without that person being under an obligation to cause the animal on which an experiment is performed to be killed before it recovers from the</p> </div> <p> </p> <div> <p>influence of the anaesthetic if in his or her opinion so killing the animal would necessarily frustrate the object of the experiment and if the animal is killed as soon as that object has been obtained; and (d) experiments may be performed by or under the direction of a licensed person not directly for the advancement by new discovery of physiological knowledge, or knowledge which will be useful for saving or prolonging life or alleviating suffering, but for the purpose of testing a particular former discovery alleged to have been made for the advancement of such knowledge as last aforesaid if in his or her opinion the testing is necessary for the effectual advancement of that knowledge.</p> <p>(3) The substance known as urari or curare and any other substances specified by the Minister by statutory instrument shall not for the purposes of this section be deemed to be anaesthetics.</p> <p><strong>13.</strong><strong>    Minister may grant and revoke licences.</strong></p> <p>(1)       The Minister may license any person whom he or she thinks qualified to hold a licence to perform and to direct the performance of experiments under this Act.</p> <p>(2)       A licence granted by the Minister may be for such time as he or she may think fit and shall be revoked by the Minister on his or her being satisfied that the licensed person has caused pain to any animal in contravention of this Act or that for any other reason the licence ought to be revoked.</p> <p>(3)       There may be attached to such licence any conditions which the Minister may think expedient for the purpose of better carrying into effect the objects of this Act but not inconsistent with its provisions.</p> <p><strong>14.</strong><strong>    Minister may require reports.</strong></p> <p>The Minister may direct any person performing or directing the performance of experiments under this Act from time to time to make such reports to him or her of the result of the experiments, in such form, and with such details as the Minister may require.</p> </div> <p> </p> <p><strong>15.   Rules.</strong></p> <p>The Minister may make rules—</p> <p>(a)       regulating and controlling the manner and methods which may or may not be used in the slaughtering of animals;</p> <p>(b)       generally for better carrying out the provisions of this Act.</p> <p><strong>History: </strong>Cap 220.</p> <p><strong>Cross References</strong></p> <p>Debts (Summary Recovery) Act, Cap. 74. Uganda Wildlife Act, Cap. 200.</p> <p> </p> </div></div></div> Tue, 28 Jul 2015 08:39:03 +0000 Anonymous 23790 at https://old.ulii.org Animal Diseases Act https://old.ulii.org/node/23789 <section class="field field-name-field-chapterno field-type-text field-label-above view-mode-rss"><h2 class="field-label">Chapter number:&nbsp;</h2><div class="field-items"><div class="field-item even">38</div></div></section><section class="field field-name-field-inforce field-type-text field-label-above view-mode-rss"><h2 class="field-label">In-force:&nbsp;</h2><div class="field-items"><div class="field-item even">Yes</div></div></section><section class="field field-name-field-consoldate field-type-date field-label-above view-mode-rss"><h2 class="field-label">Date of consolidation:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="date-display-single" property="dc:date" datatype="xsd:dateTime" content="2000-12-31T00:00:00+02:00">31 December 2000</span></div></div></section><section class="field field-name-field-clegdownload field-type-file field-label-above view-mode-rss"><h2 class="field-label">Download of Original File:&nbsp;</h2><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="Microsoft Office document icon" title="application/msword" src="/modules/file/icons/x-office-document.png" /> <a href="https://old.ulii.org/system/files/legislation/consolidated-act/38/consolidated_act_2000_38.doc" type="application/msword; length=77743">consolidated_act_2000_38.doc</a></span></div></div></section><section class="field field-name-field-volume-subject field-type-taxonomy-term-reference field-label-above view-mode-rss"><h2 class="field-label">Volume Subject:&nbsp;</h2><ul class="field-items"><li class="field-item even"><a href="/taxonomy/term/5" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Animals</a></li></ul></section><div class="field field-name-body field-type-text-with-summary field-label-hidden view-mode-rss"><div class="field-items"><div class="field-item even" property="content:encoded"><p> </p> <div> <p><strong>CHAPTER 38</strong></p> <p><strong>THE ANIMAL DISEASES ACT.</strong></p> <p><strong>Arrangement of Sections.</strong></p> <p>Section</p> </div> <p> </p> <div> <p>1.</p> <p>2. 3. 4. 5. 6.</p> <p>7.</p> <p>8.</p> <p>9.</p> <p>10.</p> <p>11.</p> <p>12.</p> <p>13.</p> <p>14.</p> <p> </p> <p>Part I—Interpretation.</p> <p>Interpretation.</p> <p>Part II—Steps for checking disease.</p> <p>Diseased animals to be separated and reported.</p> <p>Report to be forwarded to the commissioner.</p> <p>Farmers to be notified of outbreak.</p> <p>Slaughter.</p> <p>Carcasses to belong to the Government.</p> <p>Part III—Powers of officers.</p> <p>Burial, etc. of carcasses, etc.</p> <p>Power of inoculation, disinfection, etc.</p> <p>Power to carry out blood tests.</p> <p>Power to prohibit exhibitions, etc.</p> <p>Power to restrict slaughter.</p> <p>Powers of entry.</p> <p>Power to inspect.</p> <p>Power to carry out requirements.</p> <p>Part IV—Compensation.</p> </div> <p> </p> <div> <p>15.      Compensation to be paid for slaughter.</p> <p>16.      Where compensation may be withheld.</p> <p>Part V—Infected areas.</p> <p>17.      Minister may declare infected areas.</p> <p>18.      Rules for infected areas.</p> </div> <p> </p> <div> <p>19.   Negligently allowing escape from infected area.</p> <p>Part VI—Rules.</p> <p> </p> <table border="0" cellpadding="0" cellspacing="0"> <tbody> <tr> <td style="height:17px; width:36px"> <p>20.</p> </td> <td style="height:17px; width:240px"> <p>Rules.</p> </td> <td style="height:17px; width:57px"> <p> </p> </td> <td style="height:17px; width:90px"> <p> </p> </td> </tr> <tr> <td style="height:29px; width:36px"> <p>21.</p> </td> <td style="height:29px; width:240px"> <p>Some purposes for which rules may</p> </td> <td style="height:29px; width:57px"> <p>be made</p> </td> <td style="height:29px; width:90px"> <p>specified.</p> </td> </tr> <tr> <td colspan="4" style="height:36px; width:423px"> <p>Part VII—Legal proceedings, and offences and penalties.</p> </td> </tr> <tr> <td style="height:28px; width:36px"> <p>22.</p> </td> <td style="height:28px; width:240px"> <p>Saving of acts done under Act.</p> </td> <td style="height:28px; width:57px"> <p> </p> </td> <td style="height:28px; width:90px"> <p> </p> </td> </tr> <tr> <td style="height:19px; width:36px"> <p>23.</p> </td> <td style="height:19px; width:240px"> <p>Obstruction.</p> </td> <td style="height:19px; width:57px"> <p> </p> </td> <td style="height:19px; width:90px"> <p> </p> </td> </tr> <tr> <td style="height:20px; width:36px"> <p>24.</p> </td> <td style="height:20px; width:240px"> <p>Improperly altering permits.</p> </td> <td style="height:20px; width:57px"> <p> </p> </td> <td style="height:20px; width:90px"> <p> </p> </td> </tr> <tr> <td style="height:18px; width:36px"> <p>25.</p> </td> <td style="height:18px; width:240px"> <p>Offences and penalties.</p> </td> <td style="height:18px; width:57px"> <p> </p> </td> <td style="height:18px; width:90px"> <p> </p> </td> </tr> <tr> <td style="height:18px; width:36px"> <p>26.</p> </td> <td style="height:18px; width:240px"> <p>Detention and arrest.</p> </td> <td style="height:18px; width:57px"> <p> </p> </td> <td style="height:18px; width:90px"> <p> </p> </td> </tr> <tr> <td style="height:19px; width:36px"> <p>27.</p> </td> <td style="height:19px; width:240px"> <p>Seizure of animals, etc.</p> </td> <td style="height:19px; width:57px"> <p> </p> </td> <td style="height:19px; width:90px"> <p> </p> </td> </tr> <tr> <td style="height:18px; width:36px"> <p>28.</p> </td> <td style="height:18px; width:240px"> <p>Forfeiture on conviction.</p> </td> <td style="height:18px; width:57px"> <p> </p> </td> <td style="height:18px; width:90px"> <p> </p> </td> </tr> <tr> <td style="height:19px; width:36px"> <p>29.</p> </td> <td style="height:19px; width:240px"> <p>Powers of police saved.</p> </td> <td style="height:19px; width:57px"> <p> </p> </td> <td style="height:19px; width:90px"> <p> </p> </td> </tr> </tbody> </table> </div> <p> </p> <div> <p><strong>CHAPTER 38 </strong></p> <p><strong>THE ANIMAL DISEASES ACT.</strong></p> <p><em>Commencement</em>: 1 January, 1918.</p> <p><strong>An Act relating to diseases of animals.</strong></p> <p>Part I—Interpretation.</p> <p><strong>1.     Interpretation.</strong></p> <p>In this Act, unless the context otherwise requires—</p> <p>(a)       “animals” means all stock, camels and other ruminating animals, cats and dogs, but does not include any other animal, except such as may be declared by the Minister by statutory instrument to be included in the term “animals” for the purposes of this Act;</p> <p>(b)       “carcass” means the carcass of an animal and includes part of a carcass and the meat, bones, hide, skin, hoofs, horns, offal or other part of an animal separately or otherwise or any portion thereof and butter and ghee;</p> <p>(c)       “cattle” means bulls, cows, oxen, heifers and calves;</p> <p>(d)       “disease” means cattle plague (rinderpest), anthrax, pleuropneumonia, trypanosomiasis, tuberculosis, foot and mouth disease, rabies, sheep pox, sheep scab, goat scab, goat pox, swine fever, swine erysipelas, glanders, farcy, mange (scabies) in horses, mules and donkeys, dourine, ulcerative lymphangitis, epizootic lymphangitis and blackquarter, but does not include any other disease, except such as may be declared by the Minister by statutory instrument to be included in the term “disease” for the purposes of this Act;</p> <p>(e)       “fodder” means hay or other substance commonly used for food of animals;</p> <p>(f)        “inspecting officer” means any person appointed to be an inspecting officer by the commissioner of livestock and entomology by notice in the Gazette;</p> <p>(g)       “litter” means straw or other substance commonly used for bedding or otherwise for or about animals;</p> <p>(h) “poultry” means all domestic or domesticated fowls, ducks, geese, turkeys, guinea fowl, peafowl, pheasants, pigeons,</p> </div> <p> </p> <div> <p>ornamental or caged birds; (i)     “stock” means cattle, sheep, goats, horses, mules, donkeys, swine</p> <p>and poultry; (j)     “veterinary officer” means any person or class of persons</p> <p>declared to be a veterinary officer for the purposes of this Act by</p> <p>the commissioner of livestock and entomology by notice in the</p> <p>Gazette.</p> <p>Part II—Steps for checking disease.</p> <p><strong>2.</strong><strong>      Diseased animals to be separated and reported.</strong></p> <p>Any person having in his or her possession or charge any animal affected with disease or suspected of being affected with disease shall as soon as possible—</p> <p>(a)       keep that animal separate from animals not so affected or suspected of being so affected;</p> <p>(b)       cause that animal to be tied up or put in a kraal or other enclosed place; and</p> <p>(c)       notify an administrative officer or veterinary officer or inspecting officer, whoever is the nearest, of the fact of the animal being affected or suspected of being affected.</p> <p><strong>3.</strong><strong>      Report to be forwarded to the commissioner.</strong></p> <p>Any veterinary officer who is notified of any animal being affected or suspected of being affected by disease shall give such directions and take such steps as may be necessary for the purpose of ascertaining the existence and nature of the disease, and he or she shall on being satisfied that the disease exists forthwith report to the commissioner of livestock and entomology.</p> <p><strong>4.</strong><strong>      Farmers to be notified of outbreak.</strong></p> <p>An administrative officer in charge of a district or area shall, on being satisfied as to the existence within his or her district or area of a disease affecting stock, forthwith cause all owners and occupiers of farms and owners of stock in the neighbourhood to be notified of the disease.</p> </div> <p> </p> <div> <p><strong>5.</strong><strong>      Slaughter.</strong></p> <p>Any administrative officer or veterinary officer may cause to be slaughtered any animal affected or suspected of being affected by any disease or any animal which has been in contact with a diseased animal or has been otherwise exposed to the infection or contagion of disease.</p> <p><strong>6.</strong><strong>      Carcasses to belong to the Government.</strong></p> <p>Where an animal has been slaughtered under this Act or any rule, order or direction under the Act, its carcass shall belong to the Government and shall be buried or sold or otherwise disposed of under such conditions as an administrative or veterinary officer may think fit; and any proceeds of the sale shall be paid into the Consolidated Fund.</p> <p>Part III—Powers of officers.</p> <p><strong>7.</strong><strong>      Burial, etc. of carcasses, etc.</strong></p> <p>Where an animal dies of disease any veterinary officer or inspecting officer may give directions with reference to the burial, destruction or disposal of the carcass, hide, skin, hair, wool, litter, dung or fodder.</p> <p><strong>8.</strong><strong>      Power of inoculation, disinfection, etc.</strong></p> <p>Any veterinary officer may at any time require any animal to be examined, inoculated, sprayed, dipped, washed or otherwise disinfected or to undergo a period of quarantine if he or she considers the same to be necessary in order to prevent the spread of disease.</p> <p><strong>9.</strong><strong>      Power to carry out blood tests.</strong></p> <p>Any veterinary officer may, for the purpose of detecting or diagnosing disease, take or cause to be taken from any animal blood smears, or apply such other tests as he or she may consider necessary.</p> <p><strong>10.</strong><strong>    Power to prohibit exhibitions, etc.</strong></p> <p>The commissioner of livestock and entomology may, for the purpose of preventing the spread of any disease, prohibit in any place the holding of any exhibition of stock, or the sale of stock in open markets or in private sale</p> </div> <p> </p> <div> <p>yards.</p> <p><strong>11.</strong><strong>    Power to restrict slaughter.</strong></p> <p>The commissioner of livestock and entomology may, for the purpose of preventing the spread of disease, prohibit in any place the slaughter of cattle for food and the sale of meat or carcasses or of any part of the meat or carcasses.</p> <p><strong>12.</strong><strong>    Powers of entry.</strong></p> <p>Any veterinary officer or inspecting officer may enter any lands, building, shed, place, carriage, van or truck containing, or suspected to contain or used for the purpose of containing or carrying animals, carcasses, hides, skins, hair, wool, butter, ghee, litter, dung or fodder and may examine the same and any animals, carcasses, hides, skins, hair, wool, butter, ghee, litter, dung, or fodder found therein for the purpose of ascertaining whether any such animal is suffering from any disease or whether any such animal, carcass, hide, skin, hair, wool, butter, ghee, litter, dung or fodder is capable of transmitting any disease or for the purpose of ascertaining whether any rules, orders or directions in respect to the cleansing and disinfection of the building, shed, place, carriage, van or truck made or given under this Act have been properly carried out.</p> <p><strong>13.</strong><strong>    Power to inspect.</strong></p> <p>The owner or person in charge of any animals, carcasses, hides, skins, hair, wool, butter, ghee, litter, dung or fodder shall produce the same for inspection when called on to do so by any veterinary officer or inspecting officer.</p> <p><strong>14.</strong><strong>    Power to carry out requirements.</strong></p> <p>Where any person is required by this Act or by any rule, order or direction lawfully made or given under it to do any act or thing and fails to comply with the requirement, any administrative officer, veterinary officer, inspecting officer or police officer may cause the act or thing to be done at the expense of the person so failing.</p> </div> <p> </p> <div> <p>Part IV—Compensation.</p> <p><strong>15.</strong><strong>    Compensation to be paid for slaughter.</strong></p> <p>Subject to section 16, any person whose animal is slaughtered under this Act shall be paid compensation by the Government of an amount equal to the market value of the animal as assessed by a veterinary officer.</p> <p><strong>16.</strong><strong>    Where compensation may be withheld.</strong></p> <p>Compensation in respect of any animal slaughtered under this Act may be wholly or partially withheld where the owner or person in charge of the animal has been guilty of any breach of this Act or of any rule, order or direction made or given under it, and no compensation shall be payable in respect of any animal slaughtered if the animal was affected by disease when imported into Uganda or became affected before it was passed by the inspecting officer, if any, at the port or place of entry into Uganda, or if the animal was imported into Uganda in breach of this Act or of any rule, order or direction made or given under this Act.</p> <p>Part V—Infected areas.</p> <p><strong>17.</strong><strong>    Minister may declare infected areas.</strong></p> <p>(1)       The Minister may at any time by statutory order declare any area within Uganda to be an infected area for the purposes of this Act.</p> <p>(2)       Notwithstanding subsection (1), in cases of urgency the commissioner of livestock and entomology may declare any area provisionally infected pending such order and upon that declaration sections 18 and 19 shall immediately apply to the area.</p> <p><strong>18.</strong><strong>    Rules for infected areas.</strong></p> <p>The following provisions shall, in the absence of other provision made by rules under this Act, apply to all infected areas—</p> <p>(a)       no stock or carcass shall be moved in or from any such area without the written permission of the commissioner of livestock and entomology or the veterinary officer or inspecting officer in charge of the area;</p> <p>(b)       no other animal or carcass shall be moved from any such area</p> </div> <p> </p> <div> <p>unless previously disinfected in the manner directed by the veterinary officer or inspecting officer in charge of the area, if that officer shall order disinfection;</p> <p>(c)       all stock in the area shall be herded as far as possible from any public road;</p> <p>(d)       the commissioner of livestock and entomology or the veterinary officer or inspecting officer in charge of the area may require the owner or person in charge of any animal or animals within the area to isolate the animal or animals from other animals within the infected area or to move the animal or animals in or from the infected area to such other place as he or she may direct within a stated period;</p> <p>(e)       the commissioner of livestock and entomology or the veterinary officer or inspecting officer in charge of the area may cause any animal or carcass in the area to be branded with such mark as he or she may think fit;</p> <p>(f)        no person shall leave any such area without having complied with such precautions for preventing the spread of disease as may be required by the veterinary officer or inspecting officer in charge of the area;</p> <p>(g)       the carcasses of all animals dying from disease shall forthwith be either buried at a depth of not less than four feet below the surface of the ground or burnt at the expense of the owner if so directed by a veterinary officer.</p> <p><strong>19.</strong><strong>    Negligently allowing escape from infected area.</strong></p> <p>Any person negligently allowing an animal to escape from an infected area shall be deemed, for the purposes of section 18, to have moved the animal from the area.</p> <p>Part VI—Rules.</p> <p><strong>20.</strong><strong>    Rules.</strong></p> <p>The Minister may make rules for the prevention of the introduction into and spread of disease in or from Uganda and generally for carrying out the purposes and provisions of this Act.</p> </div> <p> </p> <div> <p><strong>21.   Some purposes for which rules may be made specified.</strong></p> <p>(1)    Rules made under section 20 may include, among other matters, rules for all or any of the following purposes—</p> <p>(a)       the control, detention, custody, isolation, inoculation, disinfection, removal or slaughter of animals suffering or suspected to be suffering from any disease, or of any animals exposed to infection, or of any animals or any particular species of animals especially liable to become infected with any disease;</p> <p>(b)       the burial, destruction or disposal of carcasses;</p> <p>(c)       prescribing ports and places for the importation into or the exportation from Uganda of animals, carcasses, hides, skins, hair, wool, litter, dung or fodder;</p> <p>(d)       prohibiting or regulating the movement of animals, carcasses, hides, skins, hair, wool, butter, ghee, litter, dung or fodder within Uganda;</p> <p>(e)       prescribing quarantine for imported animals or diseased animals or animals suspected of disease, or animals which have been in contact with animals suffering from disease, or for animals or any particular species of animals especially liable to become infected with disease;</p> <p>(f)        prohibiting or regulating the importation into or the exportation from Uganda of animals, carcasses, hides, skins, hair, wool, litter, dung or fodder, and prescribing the conditions under which that importation or exportation may take place;</p> <p>(g)       prescribing the cleansing and disinfection of buildings and places in which animals have been stalled or in which hides, meat, offal and litter have been kept;</p> <p>(h) prescribing the cleansing and disinfection of public markets, private auction or sale yards, railway premises, railway vans, trucks or carriages in which any animal shall have been placed, kept or carried;</p> <p>(i)     providing for the periodical dipping of animals;</p> <p>(j) prescribing the disinfection of persons and their clothing and personal effects coming into contact with or employed about animals suffering or suspected to be suffering from disease or being in an infected area;</p> <p>(k) prohibiting or regulating the movement of vehicles into, through or out of areas in which tsetse flies (glossinae) are known to exist and directing and providing for the disinfection of vehicles which have passed through such areas and directing and providing for</p> </div> <p> </p> <div> <p>the disinfection of persons, whether travellers in vehicles or otherwise, who have passed through such areas;</p> <p>(1)      prescribing fees and charges for the examination, inoculation,<br /> testing, disinfecting or slaughtering of animals and for the<br /> feeding and stabling of animals detained in quarantine and<br /> providing generally for the payment and recovery of expenses<br /> incurred by the Government under this Act.</p> <p>(2)     Nothing in this section shall limit or shall be construed so as to<br /> limit the powers conferred upon the Minister by section 20.</p> <p>Part VII—Legal proceedings, and offences and penalties.</p> <p><strong>22.</strong><strong>    Saving of acts done under Act.</strong></p> <p>No action shall lie against the Government or any officer of the Government for any act done in good faith under this Act or any rule, order or direction made or given under this Act, and, except as hereinbefore provided, no compensation shall be payable to any person for any act done under this Act, unless the Minister otherwise directs.</p> <p><strong>23.</strong><strong>    Obstruction.</strong></p> <p>Any person obstructing or impeding or assisting to obstruct or impede a person in the lawful exercise of his or her duties under this Act commits an offence under this Act and may be arrested without warrant by a police officer.</p> <p><strong>24.</strong><strong>    Improperly altering permits.</strong></p> <p>Any person improperly altering a permit given under this Act or under any rules made under this Act commits an offence under this Act.</p> <p><strong>25.</strong><strong>    Offences and penalties.</strong></p> <p>Any person guilty of an offence under this Act or committing any breach of the Act or of any rules made under it or failing to comply with any rule, order or direction lawfully made or given under the Act is liable to imprisonment for a period not exceeding twelve months or to a fine not exceeding six thousand shillings or to both such imprisonment and fine.</p> </div> <p> </p> <div> <p><strong>26.</strong><strong>    Detention and arrest.</strong></p> <p>(1)       Where a person is seen or found committing or is suspected of being engaged in committing an offence or breach as described in section 25, an administrative, veterinary or police officer may, without warrant, stop and detain him or her; and if his or her name and address are not known to the official, and he or she fails to give them to the satisfaction of the official, the official may arrest him or her without warrant.</p> <p>(2)       Where the official arresting is not a police officer, he or she shall without unnecessary delay make over the offender to a police officer, or, in the absence of a police officer, take the offender to the nearest police station.</p> <p><strong>27.</strong><strong>    Seizure of animals, etc.</strong></p> <p>(1)       A veterinary officer or police officer or inspecting officer may seize and examine any animal, carcass, hide, skin, vehicle, boat or thing with regard to which he or she suspects that any such offence or breach as described in section 25 has been or is being committed and may order it to be taken back forthwith to or into any area or place from which it may be suspected to have been unlawfully removed, or he or she may remove the same to any pound, enclosure or other place selected by a veterinary officer and there detain it subject to the orders of a magistrate.</p> <p>(2)       Any seizure and detention made under this section shall, with all practicable speed, be reported by the official making it to a magistrate having jurisdiction in the area within which the seizure has been made.</p> <p><strong>28.</strong><strong>    Forfeiture on conviction.</strong></p> <p>(1)       Whenever any person has been convicted of an offence or breach as described in section 25, the court convicting the person may in addition to or in lieu of imposing any other punishment authorised by law order that the animals or things or any of them in respect of which the offence or breach has been committed shall be forfeited.</p> <p>(2)       Whenever it is reported to a magistrate that any animal or thing has been seized and detained under section 27 but that the person who is alleged to have committed an offence or breach in respect of the animal or thing is unknown or cannot be found, the magistrate may, if satisfied by evidence on oath that there is reason to believe that the offence or breach has</p> </div> <p> </p> <p>been committed, order the animal or thing to be forfeited; but no order shall be made unless the owner, if his or her name and whereabouts are known, of the animal or thing shall have had an opportunity of appearing before the magistrate to show cause why the order should not be made.</p> <p>(3)       A magistrate, whenever he or she is satisfied that there is reason to believe that an offence or breach as described in section 25 has been committed in respect of any animal or thing seized and detained under section 27 may order that its owner shall pay to the commissioner of livestock and entomology such sum as he or she may consider reasonable to cover the expenses connected with the removal of the animal or thing to the place of detention and, in the case of an animal, the cost of its keep during the detention and that unless the sum is paid within a time to be specified in the order the animal or thing shall be forfeited.</p> <p>(4)       Whenever any animal or thing is forfeited under this Act, it shall be slaughtered, sold or otherwise dealt with as the Minister may by any general or special order direct, and the proceeds of sale, if any, shall be paid into the Consolidated Fund.</p> <p><strong>29.   Powers of police saved.</strong></p> <p>Nothing in sections 26, 27 or 28 shall take away or abridge any power or authority that a police officer would have had if the sections had not been enacted.</p> <p><strong>History: </strong>Cap. 218.</p> <p> </p> </div></div></div> Tue, 28 Jul 2015 08:39:03 +0000 Anonymous 23789 at https://old.ulii.org