Establishment of Animal Welfare Board
s 3
A body to be known as the “Animal Welfare Board” is established.
Animal Welfare Act 2015 Part II — ANIMAL WELFARE BOARD
Functions of the Board
s 4
(1) The Board shall have the following functions: (a) to monitor the work of associations or bodies established for the purpose of preventing trauma, pain or suffering to animals; (b) to monitor the work for the protection of animals, including animals in rescue homes, animal shelters or sanctuaries; (c) to monitor the situation of the place where the animals may find a shelter when the animals are infirmed or in need of protection; (d) to impart education in relation to the humane treatment of animals and to encourage the formation of public opinion relating to the infliction of trauma, pain or suffering to animals; (e) to promote the animal welfare by means of lectures, books, posters, cinematographic exhibitions and others; (f) to advise the Minister on any matter relating to animal welfare, the prevention of infliction of trauma, pain or suffering on animals, the prevention of unnecessary killing and to provide for the welfare and wellbeing of the animal; (g) to administer, enforce and ensure the effective implementation of this Act; and (h) to discharge all such functions as authorized under this Act or subsidiary legislation made under this Act, including those functions that may be entrusted to the Board under the direction of the Minister. (2) In the exercise of its functions under this Act, the Board shall have the powers to issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.
Delegation of functions of the Board
s 5
(1) The Board may, subject to the conditions or restrictions as it thinks fit to impose, delegate any of its functions, except the power of delegation, to— (a) any committee established under section 13; or (b) any public officer. (2) Any committee or public officer delegated with such functions shall be bound to observe and have regard to all conditions and restrictions imposed by the Board and all the requirements, procedures and matters specified by the Board. (3) Any function delegated under this section shall be performed and exercised in the name and on behalf of the Board. (4) The delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the delegated functions.
Membership of the Board
s 6
(1) The Board shall consist of the following members: (a) the Director General of the Department of Veterinary Services, as Chairman; (b) a senior officer of the Department of Veterinary Services, who shall be appointed by the Minister as Deputy Chairman; (c) the Director General of the Department of Wildlife and National Parks Peninsular Malaysia or his representative; (d) the Director General of the Department of Fisheries or his representative; (e) the Director General of the Department of Local Government or his representative; (f) the dean of faculty in relation to veterinary, from a public institution of higher learning to be appointed by the Minister; (g) a senior officer of the Ministry of Agriculture and Agro-Based Industry to be appointed by the Minister; (h) a senior officer of the Ministry of Education to be appointed by the Minister; and (i) a senior officer of the Ministry of Health to be appointed by the Minister. (2) The Minister may, after consultation with the Board, appoint any person to be a member of the Board. (3) The Director of the Department of Veterinary Services and Animal Industry Sabah and the Senior Assistant Director (Veterinary) of the Department of Agriculture Sarawak shall be ex-officio members of the Board but shall not be entitled to vote at the meeting of the Board. (4) The Minister shall, after consultation with the Board, appoint a senior officer of the Department of Veterinary Services to be the Secretary to the Board.
Alternate members
s 7
(1) The Minister may, in relation to each member appointed under paragraph 6(1)(f), (g), (h) or (i), appoint a person to be an alternate member to attend, as an alternate to such member, meetings of the Board when such member is unable to attend for any reason. (2) An alternate member who attends the meetings of the Board shall, for all purposes, be deemed to be a member of the Board. (3) An alternate member shall, unless he sooner resigns his office or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Board.
Tenure of office
s 8
Subject to such conditions as may be specified in his instrument of appointment, a member of the Board appointed under paragraph 6(1)(b), (f), (g), (h) or (i) shall, unless he resigns or vacates his office or his appointment is revoked, hold office for a term not exceeding three years and shall be eligible for reappointment for a term not exceeding three years.
Allowances and expenses
s 9
The members of the Board, alternate member or any other person invited to any meeting of the Board under subsection 12(6) may be paid such allowances and other expenses as the Minister may from time to time determine with the concurrence of the Minister of Finance.
Revocation of appointment and resignation
s 10
(1) The Minister may, at any time, revoke the appointment of any member of the Board appointed under paragraph 6(1)(b), (f), (g), (h) or (i). (2) Any member of the Board appointed under paragraph 6(1)(b), (f), (g), (h) or (i) may, at any time, resign from his appointment by giving a notice in writing to the Minister.
Vacation of office
s 11
(1) The office of a member of the Board appointed under paragraph 6(1)(b), (f), (g), (h) or (i) shall be vacated if— (a) he dies; (b) there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment, in itself only or in addition to or in lieu of a fine, for more than two years; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; (e) he absents himself from three consecutive meetings of the Board without leave from the Chairman; (f) his resignation is accepted by the Minister; or (g) his appointment is revoked by the Minister. (2) Where a member appointed under paragraph 6(1)(b), (f), (g), (h) or (i) ceases to be a member of the Board, by reason of any provision in this Act, the Minister may appoint another person to fill the vacancy for the remaining term for which the vacating member was appointed in accordance with the provisions applicable.
Meeting of the Board
s 12
(1) The Board shall meet as often as may be necessary for the performance of its function and such meetings are to be held at such places and times as the Chairman may decide. (2) The Chairman shall preside at all meetings of the Board and if for any reason the Chairman is unable to attend, the Deputy Chairman shall preside over the meeting. (3) If at any meeting of the Board, the Chairman and the Deputy Chairman are unable to attend, the meeting shall be adjourned. (4) The Chairman and four other members of the Board shall form a quorum at any meeting of the Board. (5) Where there is an equality of votes, the Chairman or the Deputy Chairman replacing the Chairman referred to in subsection (2) shall have the casting vote. (6) The Board may invite any person to attend any meeting of the Board for the purpose of advising the Board on any matter under discussion, but the person so invited shall not be entitled to vote at the said meeting.
Committees
s 13
(1) The Board may establish any committee as the Board considers necessary or expedient to assist the Board in the performance of its functions. (2) A committee established under subsection (1) shall deliberate upon matters referred to it by the Board and make appropriate recommendations on the matters to the Board. (3) The Board may elect any of its members to be the chairman of a committee. (4) The Board may appoint any person to be a member of a committee. (5) A member of a committee shall hold office for such term as specified in his letter of appointment and is eligible for reappointment for any term as may be determined by the Board. (6) The Board may, at any time, revoke the appointment of any member of a committee. (7) A member of a committee may, at any time, resign his office by giving a notice in writing to the chairman of the committee. (8) The Board may, at any time, discontinue or alter the constitution of a committee. (9) A committee may regulate its own procedure. (10) A committee shall be subject to, and shall act in accordance with, any direction given to it by the Board. (11) The meetings of a committee shall be held at such times and places as the chairman of the committee may determine. (12) A committee shall cause— (a) minutes of all its meetings to be maintained and kept in a proper form; and (b) copies of the minutes of all its meetings to be submitted to the Board as soon as practicable. (13) A committee may invite any person to attend any of its meetings for the purpose of advising the committee on any matter under discussion but that person shall not be entitled to vote at the meeting. (14) Any minutes made of a meeting of the committee shall, if duly signed, be admissible as evidence in any legal proceedings without further proof. (15) The members of the committee or any person invited under subsection (13) shall be paid such allowance and other expenses as the Board may determine. (16) No act done or proceedings taken under this Act shall be questioned on the ground of— (a) any vacancy in the membership of, or any defect in the constitution of, a committee; or (b) any omission, defect or irregularity not affecting the merits of the case.
Power of Minister to give directions
s 14
The Minister may, from time to time, give directions to the Board consistent with the provisions of this Act and the Board shall give effect to all such directions.
Back to Animal Welfare Act 2015 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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