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Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)

6. Functions, powers and duties of Council and board

 

(1) The Council shall for the purposes of section 8 of the Animals Protection Act be a society for the prevention of cruelty to animals.

 

(2) In order to perform its functions and to achieve the objects of the Council the board may—
(a) subject to the provisions of, and as contemplated in, the Fund-raising Act, 1978 (Act No. 107 of 1978), collect contributions or raise funds country-wide in any lawful manner;
(b) receive financial grants from public funds and accept donations and bequests from any person or estate;
(c) appoint suitably qualified persons as inspectors and other employees of the Council, as well as agents and representatives, to assist it;
(d) confer or impose upon an inspector appointed in terms of paragraph (c) such functions, powers and duties as the board may deem necessary, including the powers—
(i) to enter upon any premises or conveyance of a society;
(ii) to examine or test or cause to be examined or tested any animal, material, substance or other article on such premises or conveyance;
(iii) to take samples of any such material, substance or other article;
(iv) to examine and make copies of or extracts from any book or document of a society;
(v) to give written instructions to societies regarding the execution of the board's requirements in terms of this Act;
(vi) to seize any such animal or the whole or any part or quantity of such material, substance or other article, or any such book or document that relates to, or is on reasonable grounds believed by him to relate to, or may afford proof of, the failure of a society to perform its duties or to pursue its objects;
(e) defend legal proceedings instituted against the Councils and institute legal proceedings connected with its functions, including such proceedings in an appropriate court of law or prohibit the commission by any person of a particular kind of cruelty to animals, and assist a society in connection with such proceedings against or by it;
(f) for or on behalf of the Council purchase or otherwise acquire, or possess or hire, movable and immovable property, and alienate, let, pledge or otherwise encumber such property;
(g) spend or invest funds of the Council;
(h) from time to time borrow money by way of loans from any source and against the security which the board may deem fit;
(i) of itself, or in association with any person, establish a company or acquire an interest in or control over a company;
(j) hire or, on payment, provide services;
(k) publish information concerning the objects and functions of the Council;
(l) produce, process and sell products;
(m) approve products or services connected with its functions, and promote the production or supply thereof;
(n) co-operate or enter into agreements with any person, institution, government or administration, upon such conditions as may be agreed upon;
(o) act as official national representative of societies at all national and international organizations and meetings;
(p) appoint committees consisting of directors or directors and other persons or other persons only and delegate to any such committee such of its powers or assign to it such of its duties as it may deem fit;
(q) upon payment of such deposit as the board may determine, arbitrate in disputes between societies or between a society and a member of the public, and at its discretion refund such deposit or any part thereof at the conclusion of the arbitration;
(r) do everything which in its opinion is conducive to the performance of its functions or the achievement of the objects of the Council or is calculated directly to enhance the value of, or render profitable, the property or rights of the Council.

 

(3) The board shall not be divested of any power or duty delegated or assigned to a committee in terms of subsection (2)(p), and may rescind or vary any decision of a committee.