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Thailand Prevention of Cruelty to Animals Act

By Veronica Watson,2014-06-17 06:08
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Thailand Prevention of Cruelty to Animals Act ...

    (Translation)

    Draft

    Prevention of Cruelty to Animals Act (Thai Animal Guardians Association’s version)

    B.E.

    Whereas it is deemed expedient to enact a law on prevention of cruelty to animals,

    Section 1 This Act shall be called “Prevention of Cruelty to Animals Act B.E. …”

    Section 2 This Act shall come into force on the day following the date of its promulgation in

    the Royal Government’s Gazette.

    Section 3 In this Act

     “Animal” means a living creature having a backbone which is not a human, and

    shall include domestic animals, wild animals, economic animals, and experimental

    animals under this Act, including beasts of burden under the Beasts of Burden Act.

     “Domestic animal means an animal raised, and fed with food and water by humans,

    whether for pleasure, companion, food or for other purposes as may be determined

    by the Director-General, and includes beasts of burden under the Beasts of Burden

    Act, but does not include wild animals, economic animals or experimental animals as

    defined in this Act.

     “Wild animal” means a wild animal under the law governing Wildlife Conservation

    and Protection, including wild animals allowed to be domesticated, and animals born

    or living in nature.

     “Economic animal” means an animal raised for trade, commerce, sports,

    performance, or other purposes as may be announced by the Director-General.

     “Experimental animal” means an animal bred or raised for experimental purposes

    in all fields of science and technology.

     Cruelty to Animals means any acts which cause unnecessary pain and suffering

    to an animal, whether to its body or mind, directly or indirectly, including an act

    which the law deems to be cruel to animals.

     “Suffering” means pressure caused to the body or mind, including pain and fear.

     “Animal welfare” means physical and mental condition of an animal which is

    assessable at the time of its confrontation with both the human-created surroundings

    and natural environment.

     “Animal killing” means an act by whichever way that is done to make an animal die.

     “Owner” means a person who has a right to possess an animal. Where an owner is

    not be found, the meaning shall include the person who feeds and takes care of the

    animal.

     “Animal welfare inspector means a person appointed by the approval of the

    Minister in accordance with this Act with the power and duty to inspect and report

    on the work performance under this Act.

     “Permission grantor” means the Director-General or a person delegated by him.

     “Director-General” means the Director-General of the Department of Livestock

    Development.

     “Committee” means the committee on prevention of cruelty to animals.

     “Minister” means the Minister in charge under this Act.

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    Section 4 The Minister of Agriculture and Cooperatives shall be in charge under this Act and

    shall have the power to appoint competent officials and to issue ministerial

    regulations fixing the fees within the rate prescribed at the end of this Act, and also

    to reduce or exempt the fees and to determine other affairs to be performed under

    this Act. The ministerial regulations and notifications shall come into force upon

    their promulgation in the Royal Government Gazette.

    Chapter 1

    General Provisions

    Section 5 For the purpose of preventing cruelty to animals, the Director-General may prescribe,

    regulations, rules, procedures and conditions regarding the following matters.

1. Providing animal welfare

    2. Breeding and using animals

    3. Capturing and detaining animals

    4. Trading or arranging for performance of animals

    5. Eradicating or destroying animals

Determination of regulations, rules, procedures and conditions under the previous

    paragraph must be done with the approval of the Committee.

    Section 6 The Committee shall have the power to consider appeals regarding acts of cruelty to

    animals, animal welfare, a withdrawal of an order or a permit. The decision of the

    Committee shall be final.

    Chapter 2

    Committee on the Prevention of Cruelty to Animals

    Section 7 There shall be a committee called the Committee on the Prevention of Cruelty to Animals”, consisting of the Permanent Secretary to the Ministry of Agriculture and Cooperatives as Chairman

    1, the Director-General of the National Park, Wildlife and 2Plant Conservation Department or a delegate, the Director-General of the Religious 3Affairs Department or a delegate, the Secretary General of the National Research 45Council or a delegate, One delegate of the Ministry of Interior, One delegate of the 67Tourism Authority of Thailand, One delegate of the Ministry of Foreign Affairs,

    One delegate of the Commission on Higher Education appointed by Faculty of 8Veterinary Science, One delegate of the Ministry of Natural Resource and 910Environment, One delegate of the Ministry of Public Health, One delegate of the 1112Ministry of Education, One delegate of the Ministry of Commerce, all of whom

    shall be committee members by position, and at least seven other honorary

    committee members appointed by the Minister, and the Director-General of

    13Livestock Development Department shall act as Committee Member and Secretary.

    The Director-General shall have the power to appoint as many assistant secretaries

    general as he may deem it appropriate. At least half of the honorary committee

    members who have been appointed under the previous paragraph shall be appointed

    among the delegates of the associations or foundations relating to animal welfare.

    Section 8 The Committee shall have the following powers and duties.

    2

    1. To advise the Minister on matters relating to animal welfare and prevention of

    cruelty to animals.

    2. To make policies on and give approval to the issuance of ministerial regulations,

    rules, procedures and conditions for carrying out the work under this Act. 3. To issue guidelines for the promotion of animal welfare and the prevention of

    cruelty to animals.

    4. To make rules regarding inspection and following-up of work performance in

    order for it to be in compliance with this Act.

    5. To consider appeals, withdrawal of orders and permits under Section 6. 6. To appoint an animal welfare inspector with the Minister’s approval to inspect

    and report on the work performance under this Act.

    7. To perform other acts as may be prescribed by law to be duties of the Committee.

    Section 9 A committee member who is appointed by the Minister shall be in office for a term

    of four years. A committee member who vacates office may be re-appointed but

    shall not be in office for more than two consecutive terms.

    Section 10 Apart from vacation of office due to the term of office under Section 9, a committee

    member appointed by the Minister shall vacate office upon:

1. death

    2. resignation

    3. being a bankrupt

    4. becoming an incompetent or quasi-incompetent person

    5. being sentenced by a final judgment to imprisonment, except for the punishment

    for negligence or a petty offence.

Where a committee member vacates office before the end of his term, the Minister

    shall appoint another person to replace the committee member, unless the remaining

    period of the term is less than 90 days, in which case the Minister may not appoint

    another person and the person appointed shall be in office for the remaining period

    of the person he has replaced.

Where the Minister appoints additional committee members while the appointed

    committee members are still in office, the additional committee members shall be in

    office for the period equal to the remaining period of the appointed committee

    members’ term.

    Section 11 At least half of the committee members shall be present at the Committee’s meeting

    to constitute a quorum.

    Section 12 At the Committee’s meeting, if the chairman is not present at the meeting or is

    unable to carry out his duty, the Committee members attending the meeting shall

    select one committee member to carry out the chairman’s duty. The decision of the

    Committee shall be made by majority vote of the committee members. Each

    committee member shall have one vote. If the votes are equal, the chairman shall

    have a casting vote. Where a committee member has a direct or indirect interest in

    any matter, that committee member is prohibited from voting.

    3

    Section 13 In carrying out its duties under this Act, the Committee shall have the power to

    appoint a sub-committee to do such things as may be assigned by the Committee.

    Section 11 shall apply mutatis mutandis to a sub-committee’s meeting.

    Chapter 3

    Prevention of Cruelty to Animals

    Section 14 No person shall commit any act considered to be cruel to animals.

    Section 15 The following acts are deemed to be cruel to animals.

1. Flogging, beating, stabbing, burning, boiling or other similar acts which cause

    pain to animals.

    2. Forcing animals to work excessively or to do work which is unsuitable for the

    type and condition of the animals because they are sick, old, young, close to

    giving birth or crippled.

    3. Using drugs or dangerous substances on animals, resulting in harmful effects to

    the animals’ bodies or minds or causing them to suffer.