PROPOSALS FOR THE AMENDMENTS TO THE PREVENTION
                                                      OF  CRUELTY TO ANIMALS

                   We believe the Authority could make amendments to the present Act  as follows:-
                                   (Prevention of Cruelty to  Animals Act- RL 4/255- 24 April 1982

          Objective: Prevention of Cruelty to Animals

Article (  ):The purpose of this Law is to prescribe matters relating to the prevention of cruelty to animals, the appropriate treatment of animals and other matters relating to the protection of animals, andto engender a feeling of love for animals among the people, thereby 

contributing to the development of respect for life and sentiments of

amity and peace; and to prescribe matters relating to the control of 

animals, thereby preventing harm being done by animals to human life,

body and property.

("Be Kind to Animals" Week)

Article ( ) "Be Kind to Animals" Week shall be established in order 

to enhance interest and understanding among the people concerning the 

protection and proper methods of keeping animals.

2. "Be Kind to Animals" Week shall be from May 20 through 25.

3. During "Be kind to Animals" Week, the Government and local publicbodies should hold functions appropriate to the aims of the said week.

(Proper Care and Custody)

Article ( ) The owner or possessor of an animal should maintain the health and safety of the animal by caring for or keeping the animal in a proper manner, and should ensure that the animal does not cause harm to human life , body, or property, or become a nuisance.

2. The Prime Minister may, after consultation with the heads of the

administrative organs concerned, prescribe standards applicable to the

care and custody of animals.

Article (X1 ). Local public bodies may, as provided for by ordinance, 

take such measures as are necessary with respect to guidance concerning

care and custody of animals, so as to maintain the health and safety of 

the animals.

Article (X2 ). In order to prevent harm to human life, body, or property,

local public bodies may, as provided for by ordinance, prescribe matters 

to be observed by owners or possessors of animals concerning the care or 

custody of the animals and take such measures concerning the care or custody of the animals as are necessary, such as restrictions on the keeping of animals which threaten human life, body, or property.(NOTA BENE: X1 and X2 are just for easy reference)

(Notification by Finders of Wounded Animals, etc.)

Article ( ). Any person who finds on a road or in a park or other public

place a dog or cat or other animal that is sick or wounded or the carcassof a dog or cat or other animal should promptly notify the owner when theowner is known, or the proper authority, etc. when the owner is unknown.

2. When notified as provided for in the preceding paragraph, the authority,

etc. shall remove that animal or its carcass.

3. The provisions of paragraph (X1)( for easy reference above Proper 

Care and Custody)of the preceding Article shall apply mutatis mutandis to 

the removal of animals as provided for in the preceding paragraph.

(Restriction on Breeding of Dogs and Cats)

Article (  ). When the owner of dogs or cats deems that it is liable to

become difficult to care for these animals in a proper manner when these

animals breed promiscuously, the owner should render breeding impossible

or take other measures to prevent the breeding of these animals. The ownercan do so through a private Veterinary doctor or at the MSPCA.

(Methods to Be Used When an Animal Is Destroyed)

Article ( ). When an animal must be destroyed, the animal shall be destroyed

by methods that cause the animal the minimum pain possible.

2. The Prime Minister may, after consultation with the heads of the 

administrative organs concerned, prescribe such matters as are necessary

with respect to the methods used under the preceding paragraph.

(Methods to Be Used When an Animal Is Destroyed)

Article ( ). When an animal must be destroyed, the animal shall be destroyed by methods that cause the animal the minimum pain possible.

2. The Prime Minister may, after consultation with the heads of the 

administrative organs concerned, prescribe such matters as are necessary

with respect to the methods used under the preceding paragraph.

(Methods to Be Used When Animals Are Used for Scientific Purposes and Subse-

quent Disposal of Such Animals)

Article ( ). Where an animal is used for the purposes of education,

experimental research, manufacture of biotics or other scientific purposes,

it shall be so used by methods that cause that animal the minimum pain possible within the limits imposed by the said purposes.

2. When an animal is beyond recovery after use for scientific purposes, 

the person who used the animal for such scientific purposes must immediately

dispose of that animal by a method that causes the animal the minimum pain 

possible. This should be done in the presence of officers of the MSPCA and

a representative of an organisation or association for the promotion of 

the welfare of animals as mentioned in sub-section (  ) paragrapgh (  ).

3. The Prime Minister may, after consultation with the heads of the

administrative organs concerned, prescribe standards applicable to the 

methods in paragraph I and the measures in the preceding paragraph.

(The Animal Protection Council)

Article ( ). The Animal Protection Council (hereinafter called "the Council")shall be established as an advisory organ of the Prime Minister's Office.**(It can also be the Ministry of Agriculture)**

2. The Council shall study and deliberate matters of importance relating to the protection and control of animals in response to requestsby the Prime Minister.

3. The Prime Minister shall consult the Council before he establishesstandards under the provisions of paragraph 2 of Article ( ) or paragraph 3of the preceding Article or makes stipulations under the provisionsof paragraph 6 of Article ( ) (including mutatis mutandis application under paragraph 3 of Article ( ) or paragraph 2 of Article ( ), 

and likewise before he abolishes such standards or stipulations.

4. The Council may advise the Prime Minister of its opinion concerning matters of major importance relating to the protection and control of animals.

5. The Council shall consist of not more than fifteen (15) members.

6. Members of the Council shall be appointed by the Prime Minister from among

scholars and other experienced persons in the Veterinary Dept of the Ministry of Agriculture, and two members from associations in the promotion of compassion for animals and the right for animals.

7. Members shall be appointed for a term of two (2) years. However, the term of appointment of a member filling a vacancy in mid-term shall be for the remainder of his predecessor's term.

8. Members shall work on a part-time basis. However, exception can be made 

to have a full time Secretary.9. Members shall be remunerated as per an approved rate by the decision established by the Prime Minister's Office.    

10. In addition to the provisions of each of the preceding paragraphs, such

matters relating to the organization and operation of the Council as are necessary shall be prescribed by Cabinet Order.  Powers to the Mauritian Society For the Protection of Cruelty to Animals)Article (   ).  The MSPCA shall be vetted with more powers for its officers toenquire about  mistreatment of animals at a slaughter house or foodmanufacturing plant or any individual. 

They shall have all the powers to take any legal actions against those found in practicing any form of cruelty to animals even for animals food-production plant.

(Penalties) (Offences of Cruelty to animals)

For sub-section 3(1) (a) to (f)

..... shall commit an offence and shall, on conviction, be liable to a fine  not exceeding twenty thousand rupees (Rs 20,000) and to an imprisonment for a term not exceeding 12 months.

2. "Protected animal" in the preceding paragraph means the animals specified in each of the following items:

i. Cattle, horses, pigs, sheep, goats, dogs, cats, domestic rabbits, chickens,

domestic pigeons, and domestic ducks.

ii. Mammals or birds other than those specified in the preceding item which are in the possession of a person.N.B. This is ONLY a proposal and should not be read as an establishedor existing law/Act or any enactment. These are ONLY a guidelines whichwe believe will make people more sensitive and conscious for theprotection and the welfare of animals.We do not endorse any responsibilities for the misunderstanding of the above propositions.

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