Prevention of Cruelty to Animals (Dog
Breeding and Marketing) Rules, 2017
[Prevention of Cruelty to
Animals (Dog Breeding and Marketing) Rules, 2017]
[23rd
May, 2017]
Whereas the draft
Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules, 2016 were
published, as required under sub-section (1) of Section 38 of the Prevention of
Cruelty to Animals Act, 1960 (59 of 1960), vide the Ministry of Environment,
Forest and Climate Change notification number G.S.R. 19(E), dated the 11th
January, 2017 in the Gazette of India, Extraordinary, Part-II, Section 3,
sub-section (i), dated the 11th January, 2017 inviting objections and
suggestions from all persons likely to be affected thereby before the expiry of
thirty days from the date on which copies of the Gazette containing the said
notification were made available to the public;
And whereas the copies of
the said Gazette were made available to the public on the 11th January, 2017;
And whereas objections and
suggestions received from the public have been considered by the Cesntral
Government;
Now, therefore, in exercise
of the powers conferred by sub-sections (1) and (2) of Section 38 of the
Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government
hereby makes the following rules, namely.
Rule - 1. Short title and commencement.
(1) These rules may be called
the Prevention of Cruelty to Animals (Dog Breeding and Marketing) Rules,
2017.
(2) They shall come into force
on the date of their publication in the Official Gazette.
Rule - 2. Definitions.
(1) In these rules, unless the
context otherwise requires,
(a)
“Act”
means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);
(b)
“Animal
Welfare Organisation” means a welfare organisation for animals recognised by
the Board, and includes a Society for Prevention of Cruelty to Animals
established in any district under the Prevention of Cruelty to Animals
(Establishment and Regulation of Societies for Prevention of Cruelty to
Animals) Rules, 2001 made under the Act;
(c)
“breeder”
means an individual or group of persons who own dogs of specific breeds for
breeding and sale of dogs and pups, and includes boarding kennel operator,
intermediate handler and trader;
(d)
“boarding
kennel operator” includes an individual or group of persons that keep pet dogs
and pups for temporary housing in kennel or any other establishment;
(e)
“carrier”
means the operator of any airline, aircraft, railroad, motor carrier, shipping
line or other enterprise which is engaged in the business of transporting
animals on hire;
(f)
“certificate
of registration” means a certificate of registration issued under these rules;
(g)
“dog”
includes a pup;
(h)
“intermediate
handler” means any person who receives interim custody of animals during the
course of their sale or purchase;
(i)
“inspector”
means a person authorised in writing by the State Animal Welfare Board:
Provided that any person
who is or has been a pet shop owner or breeder, or is related to a pet shop
owner or breeder, shall not be authorised as an inspector under these rules;
(j)
“State
Board” means the State Animal Welfare Board constituted, in a State, by the
State Government;
(k)
“trader”
includes an individual or group of persons who sells dogs and pups acquired
from any breeder or pet shop, or from his or their own breeding facility, or
imported for sale, or acquired in any other manner;
(l)
“pet
shop” means a shop, place or premises, including any shop, place or premises in
a weekly or other market, where pet animals are sold or housed, kept or
exhibited for sale, or where any retail or whole-sale business involving the
selling or trading of pet animals are carried out;
(m)
“Schedule”
means a Schedule annexed to these rules;
(n)
“Society
for Prevention of Cruelty to Animals (SPCA)” means a SPCA established under the
Prevention of Cruelty to Animals (Establishment and Regulation of Societies for
Prevention of Cruelty to Animals) Rules, 2001 made under the Act”;
(o)
“veterinary
practitioner” means a veterinary practitioner registered under the provisions
of the Indian Veterinary Council Act, 1984 (52 of 1984).
(2) Words and expressions used
in these rules and not defined, but defined in the Act, shall have the meanings
respectively assigned to them in the Act.
Rule - 3. Prohibition of breeding of dogs without registration.
(1) No breeder shall carry on
or continue any breeding activity or own or house dogs for breeding and sale of
dogs and pups, unless the breeder has obtained a certificate of registration in
respect of the establishment being used or intended to be used by him for
breeding or housing the dogs for breeding, from the State Board in accordance
with these rules.
(2) Every breeder shall
prominently display the certificate of registration in the establishment.
(3) Every breeder shall keep
the establishment used by him for breeding or for housing the dogs to be bred
or sold, open for inspection by a person authorised in writing by the State
Board.
Rule - 4. Registration of breeder and establishment.
(1) A person shall not be
eligible for registration as breeder under these rules unless,
(a)
in
the case of an individual, he has attained the age of majority and is of sound
mind and is not disqualified from contracting under any law for the time being
in force; and
(b)
in
any other case, the person is a corporation, company or other association of
persons duly registered in accordance with any law for the time being in force.
(2) An application for
registration of breeder in respect of an establishment used or intended to be
used by him for breeding or housing the dogs for breeding, shall be made to the
State Board in Form I appended to the First Schedule providing all information
required therein and accompanied with a non-refundable fee of five thousand
rupees.
(3) A breeder shall be required
to make separate applications for every establishment being used or intended to
be used for breeding or housing dogs for breeding.
(4) The State Board shall, on
receipt of an application for registration under sub-rule (2), cause the establishment
of the breeder to be inspected by a team comprising of an authorised
representative of the State Board and a veterinary practitioner.
(5) The team referred to in
sub-rule (4) shall after making inspection submit, to the State Board, a report
signed by all the members of the team.
(6) The State Board, after
considering the report of the team submitted under sub-rule (5) and on being
satisfied that the breeder and the establishment complies with the requirements
specified under these rules, register the breeder in respect of that
establishment and issue certificate of registration in Form II appended to the
First Schedule and the State Board shall, depending upon the available space,
facilities and manpower in the establishment, fix the maximum holding capacity
for each dog breeding establishment to avoid overcrowding.
(7) The State Board shall not
register the breeder in respect of an establishment, if.
(a)
the
information submitted by the breeder has been found to be false or the
applicant has made material and deliberate misstatements in the application or
provided falsified or fabricated records to the State Board; or
(b)
the
breeder has, at any stage prior to submission of his application for
registration, been convicted of any offence under the Act, or the Wildlife
(Protection) Act, 1972 (53 of 1972) or for any offence relating to animals
under any other law for the time being in force; or
(c)
the
breeder has refused to allow the inspection team free and unimpeded access to
the establishment; or
(d)
the
breeder does not meet the requirements laid down under Rule 6.
(8) Where the State Board does
not register the breeder in respect of an establishment, the State Board shall
inform the breeder in writing the reasons thereof within thirty days from the
date of receipt of application by the State Board.
(9) A certificate of
registration issued by the State Board shall be valid for a period of two
years, and may be renewed upon an application being made to the State Board
together with a fee of five thousand rupees.
(10) A certificate of
registration issued under these rules shall be non-transferable.
(11) The establishments
registered with the Committee, referred to in Section 15 of the Act, for the
Purpose of Control and Supervision of Experiments on Animals, and coming under
the purview of the Breeding of and Experiments on Animals (Control and
Supervision) Rules, 1998 for the purpose of experiments, breeding and trading
of animals, shall be exempted from registration under these rules.
Rule - 5. Renewal of registration.
(1) An application for renewal
of registration shall be made, at least thirty days prior to the expiry of the
registration, to the State Board in the Form I appended to the First Schedule
and the provisions of Rule 4 shall mutatis mutandi apply.
(2) The State Board shall not
renew the registration of a breeder in respect of an establishment, unless the
State Board, after considering the report of the team, referred to in sub-rule
(4) of Rule 4, is satisfied that the breeder and the establishment complies
with the standards and requirements specified in Rule 6 and the Second
Schedule.
Rule - 6. Requirements to be met by breeders and establishments used for breeding or housing dogs for breeding.
Every breeder shall comply
with the standards and requirements set out in the Second Schedule.
Rule - 7. Inspection of establishment.
(1) The State Board may, either
upon receipt of a complaint or for any other reason, inquire into or cause any
establishment of a breeder to be inspected by an inspector.
(2) The inspector shall, on
producing his authority, have power to
(a)
enter
into the establishment at any reasonable time and access to all areas within
the establishment and all animals, and records, to ascertain whether the
requirements of these rules are being complied with;
(b)
take
pictures, record videos, and make copies of the records.
(3) An establishment of a
breeder registered under these rules shall be inspected at least once each
year.
(4) The inspector shall submit
to the State Board a report in writing of the inspection.
(5) If the State Board, after
considering the report referred to in sub-rule (4) is of the opinion that any
requirements of these rules are contravened by the breeder, it may, after
giving a copy of the report to the breeder and an opportunity to show cause,
revoke the registration of the breeder in respect of that establishment and
communicate to him the reasons thereof in writing.
Rule - 8. Conditions for sale.
(1) Every breeder shall ensure
that.
(a)
pups
less than eight weeks in age are not sold;
(b)
dogs
over six months in age are not sold without first being sterilised, unless they
are being sold to another licensed breeder;
(c)
dogs
and pups are not sold for use in experiments, unless the purchaser is a breeder
registered with the Committee for the Purpose of Control and Supervision of Experiments
on Animals constituted under Section 15 of the Act:
Provided that the sale of
pups by the purchaser shall only be made to a facility registered with the
Committee for the Purpose of Control and Supervision of Experiments on Animals;
(d)
only
dogs in good health, that have been provided the medical inoculations, are
sold;
(e)
each
pup sold is micro-chipped and complete record of treatment and vaccination is
maintained;
(f)
pups
are not displayed in public places for the purpose of immediate sale; and
(g)
receipt
for sale is provided to each purchaser and copy thereof is retained with the
micro-chip number of the pup sold and name, address and phone number of the
purchaser.
(2) The breeder shall furnish
to the purchaser in writing, details of feeding, dates of inoculations and
de-worming of the pup and the name and address of the veterinary practitioner
who was attending to it.
(3) Every breeder shall screen
prospective purchasers to ascertain their potential to take proper care of the
breed, especially if it is a large one, to attend to its grooming, socialising,
spatial and veterinary needs, and to bear the expense for its upkeep and
maintenance.
(4) No breeder shall sell a dog
to a pet shop operating without a licence or for any other activity which is in
contravention of any other law.
(5) The breeder shall keep
track of all pups produced and sold and it shall be the responsibility of the
breeder to obtain information regarding the progress and state of health of all
dogs sold by him, at least once each year.
(6) Every breeder shall
rehabilitate a pup not sold within a period of six months, through an Animal
Welfare Organisation.
Rule - 9. Records.
(1) Every breeder shall
maintain records of all animals housed in the establishment, including dogs for
breeding and dogs for sale and be kept at the establishment for inspection in
Form III appended to the First Schedule.
(2) Every breeder shall
maintain records of individual dogs, both male and female, including the
following information, namely.
(a)
breed;
(b)
name
and number (or litter number);
(c)
micro-chip
number;
(d)
sex,
colour and markings;
(e)
date
of birth;
(f)
names
and microchip numbers of sire and dam;
(g)
name
of breeder from whom acquired (where applicable);
(h)
name
and address of person from whom directly acquired (where applicable);
(i)
date
of acquisition;
(j)
date
and duration of lease, if any;
(k)
date
and place of mating;
(l)
names
of persons handling the mating;
(m)
name
and number of dog, including micro-chip number, with which mated;
(n)
name
and address of owner (where applicable);
(o)
date
of whelping;
(p)
number
of pups whelped, by sex colour and markings;
(q)
litter
registration number if any;
(r)
date
of sale, death or rehabilitation of each pup so described;
(s)
name
and address of purchaser;
(t)
cause
of death as determined by a veterinary doctor and post mortem report of each
dog that dies in the establishment; and
(u)
any
other information that is deemed relevant by the Board or the State Board.
(3) Every breeder shall use
clear and concise contracts to document sales, lease arrangements, spaying or
neutering contracts, and any other contract pertaining to the dogs at their
establishments in Form-IV appended to the First Schedule.
(4) Every breeder shall
maintain health and medical records along with separate vaccination record, in
Form V appended to the First Schedule, of each dog, whether male or female, and
of every pup in every litter and a copy of the records of any dog or pup that
is sold shall be provided to the purchaser.
(5) All records maintained by
the breeder under these rules shall be kept at least for a period of eight
years, unless the State Board directs in writing that the records be maintained
for a longer period for the purpose of investigation.
Rule - 10. Appeal.
(1) Any breeder aggrieved by
the decision of the State Board may, within thirty days of receipt of the
decision, prefer an appeal to the Secretary, Animal Husbandry, Department of
the State.
(2) Secretary, referred to in
sub-rule (1), shall, after giving notice to the breeder and the State Board,
and giving an opportunity of hearing to the parties, either reject or allow the
appeal, for the reasons to be recorded in writing and communicated to the
breeder and the State Board.
(3) Once the appeal is heard
and rejected, all dogs over six months of age, in the breeding establishment
shall be neutered at an Animal Birth Control facility and all pups that are not
six months of age shall be given to the Animal Welfare Organisation for
adoption, records of which shall be supplied to the State Board.
Rule - 11. Reports by breeder.
(1) Every breeder registered
under these rules shall.
(a)
submit,
at the end of each year, a report to the State Board, consisting of the
information as to the total number of animals sold, traded, bartered, brokered,
given away, boarded or exhibited during the previous year;
(b)
provide
to the State Board, such other information as may be required by the State
Board, from time to time; and
(2) The State Board shall send
a consolidated report at the end of each year to the Board consisting of the
information as to the total number of animals sold, traded, bartered, brokered,
given away, boarded or exhibited during the previous year and any such other
information as may be required by the Board, from time to time.
Rule - 12. Effect of death of breeder registered under these rules.
In the case a breeder
registered under these rules, dies before the expiry of the period of
registration, the registration in respect of the establishment shall be deemed
to have been granted to his legal heirs in respect of that establishment and
shall remain in force until the end of a period of three months from the date
of death of the breeder and thereafter a fresh application for registration of
the breeder in respect of that establishment shall be made in accordance with
these rules for continuing the establishment.
Rule - 13. No licence without registration.
No establishment being used
or intended to be used for breeding or housing dogs for breeding shall be
granted any licence by the local authority, unless the breeder has obtained a
certificate of registration from the State Board in accordance with these
rules.
THE
FIRST SCHEDULE
[See Rules
4(2) and 5(1)]
Form I
Application
for Registration of Breeder in respect of an Establishment
To,
The State Animal Welfare
Board
…………………………….
…………………………….(name of the
State)
Subject: Application for
registration of breeder in respect of an establishment
Sir,
I/We …………………………………
r/o…………………………………. with office address ……………………………… ……………………….., do hereby apply
for a registration as breeder in respect of the establishment……………………………………
(details of establishment) in accordance with the particulars set out below.
(1) Name and address of the
applicant (breeder):
(2) Name and address of the
establishment:
(3) Telephone number:
(4) Details of accommodation
and infrastructure available at proposed establishment:
(5) Working hours and rest day,
i.e. day on which establishment shall remain closed:
(6) Ventilation arrangement:
(7) Lighting arrangement:
(8) Heating or cooling
arrangement, and manner in which comfortable temperature will be maintained for
all pet animals:
(9) Arrangements for food
storage:
(10) Cleanliness, how proposed
to be maintained, and arrangements for removal of animal excreta and waste:
(11) Arrangement for disposal of
animals that die:
(12) Arrangement for medical and
veterinary support:
(13) Details of dogs proposed to
be bred in the establishment:
(a)
Breeds
and number of dogs of each breed.
(b)
Age
of each of dog.
(c)
Accommodation
and number and size of cages and enclosures.
(14) Qualification and
experience of the applicant (breeder) in respect of breeding activities:
(15) Details of cheque or demand
draft number for payment of fee:
Additional details in case
of Renewal of Registration
(16) Details of dogs acquired
and mated:
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Sl. No.
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Dog's micro-chip number
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Date of acquisition
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Date of mating
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Mated with (micro-chip number of
mate)
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Pups born (microchip numbers)
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(17) Number of dogs and pups
died with reasons of death, post mortem report and micro-chip number:
(18) Details of dogs/pups sold:
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Sl. No.
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Dog/pup sold (micro-chip number)
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Age of dog/pup
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Date of sale
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Sale price
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Name, address and telephone number of
purchaser
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(19) Number of pups unsold and
manner of their rehabilitation:
I/We do hereby declare that
the information provided by us is accurate and true.
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Place:
Date:
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Signature of Applicant
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Form II
[See Rule
4(6)]
Certificate
of Registration of Dog Breeding Centre
(1) This Certificate of
Registration is granted to ………………………………………………… (Name and address of applicant)
to establish a Dog Breeding Centre as prescribed in Prevention of Cruelty to
Animals (Dog Breeding and Marketing) Rules, 2017.
(2) The location of the
Breeding Centre is at ………………………………………….
(3) The owner of Dog Breeding
Centre is permitted to deal with the following dog breeds …………………………………………………..
(4) The owner of Dog Breeding Centre
shall abide by provisions of the Prevention of Cruelty to Animals Act, 1960 (59
of 1960) and the rules and notifications issued thereunder.
(5) The owner of Dog Breeding
Centre shall submit every year an annual report in compliance with clause (a)
of Rule 11 of the aforesaid rules for the year ending 31st December to reach
the undersigned before 31st January of the succeeding year.
(6) The Certificate of
Registration shall be displayed prominently in the Shop.
(7) The Certificate of
Registration is non-transferable.
(8) The Certificate of
Registration is valid up to ……………………………….. and renewal application should be
submitted thirty days prior to the expiry date
Signature and Seal of
Date:
the State Animal Welfare
Board
Form III
[See Rule
9(1)]
Register
of Breeders and Suppliers of Dogs/Pups
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Sl. No.
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Name and address of Breeder/Supplier
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Contact Number and e-mail
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Date of Transaction
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1
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2
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3
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4
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Description of Dog breed
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Age of animal
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Vaccination details
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Dog breeds at establishment
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5
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6
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7
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8
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Form IV
[See Rule
9(3)]
Register
of Sale of Dogs/Pups
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Sl. No.
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Name and address of Purchaser
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Contact Number
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Sale amount
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1
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2
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3
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4
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Type of Dog Sold
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Remarks
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Category Or Breed
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Colour
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Micro-chip number
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Sex
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Age
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Vaccination
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5
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6
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7
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8
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9
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10
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11
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Form V
[See Rule
9(4)]
Register
of health and medical records of Dogs/Pups
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Sl No.
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Date on which animal was vaccinated
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Sex of animal
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Age of animal
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1
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2
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3
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4
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Details of litter, if any
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Date of Sale or Disposal otherwise
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Medical attention provided
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In case of death, how the animal was
disposed
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Remarks
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5
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6
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7
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8
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9
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THE
SECOND SCHEDULE
[See Rules
5(2) and 6]
Part I
Facilities
to be provided by Breeder in an Establishment
1.
Suitable kennels or accommodation.
The dogs shall at all times
be kept in kennels or accommodation suitable in all respects, in terms of
construction, size, number of dogs, exercising facilities, proper temperature,
lighting, ventilation and cleanliness.
2.
Adequate housing.
(1) Adequate housing with the
provision of a sanitary facility, protection from the extremes of weather
conditions, proper ventilation and appropriate space shall be provided.
(2) All housing shall be made
of impervious materials that can be sanitised and wood shall not be allowed for
this purpose.
3.
Indoor housing facility.
The indoor housing facility
at the establishment with environmental controls, housing or intended to house
dogs and meeting the following requirements shall be provided, namely.
(i) it may consist of runs or
pens totally enclosed in a barn or building, or of connecting inside or outside
runs or pens within a totally enclosed building;
(ii) it should be capable of
controlling the temperature within the building or structure within the limits
set forth for that species and age of animal, of maintaining humidity levels,
and of rapidly eliminating odors from within the building;
(iii) it shall have an impervious
floor; impervious surface means a surface that does not permit the absorption
of fluids;
(iv) it shall be an enclosure
created by the continuous connection of a roof, floor and walls; and
(v) it shall have at least one
door for entry and exit that can be opened and closed and any windows or
openings which provide natural light shall be covered with a transparent
material such as glass or hard plastic.
4.
Care and upkeep of dogs.
The dogs shall be supplied
with.
(a)
adequate
quantity of wholesome food at suitable intervals of not more than eight hours,
and suitable for that species and age and enough to maintain a reasonable level
of nutrition in each animal and served in a safe receptacle, dish or container;
(b)
adequate
supply of fresh, clean drinking water in a safe receptacle, dish or container
and available at all times; and
(c)
a
fenced area for adequate exercise or provision for exercising the dog on a
leash exists.
Part II
General
Requirements to be Adhered to by Breeders
5.
Breeding requirements.
(1) The breeder shall be
knowledgeable about reproduction, nutrition, wellness and care, early
behavioral development, and breeding ethics.
(2) Only normal, healthy,
mature female dogs that have reached their eighteenth month shall be bred and
shall be certified as healthy by a veterinary practitioner at least ten days
prior to their being bred.
(3) No female dog shall be
exploited to produce litters in two consecutive breeding seasons.
(4) Female dogs shall not be
used such that they give birth to pups before the end of the period of twelve
months beginning with the day on which they last gave birth to pups.
(5) Only one litter shall be
produced in one year and artificial or unnatural techniques such as artificial
insemination and rape stands shall not be used to impregnate dogs.
(6) No female dog shall be
exploited to give birth to more than five litters of pups during her lifespan.
(7) No male dog shall be used
for breeding unless he is a healthy, mature dog, and only after he has reached
his eighteenth month and shall be certified as healthy by a veterinary
practitioner at least ten days prior to his being mated.
6.
Common breeding techniques.
(1) Breeders are known to
utilise following four common breeding techniques, namely.
(i) out breeding;
(ii) line breeding;
(iii) in breeding; and
(iv) incest breeding.
(2) Notwithstanding anything in
sub-paragraph (1), the following two breeding techniques are permitted and
accepted under these rules, namely.
(i) out breeding— the mating of
dogs, which are not at all related to one another; and
(ii) line breeding— mating
between dogs that are marginally related to each other and in this case dogs
are chosen for their special attributes to obtain certain types.
(3) The following two mating
techniques are not permitted and are prohibited under these rules, namely.
(i) in breeding—mating between
dogs that are related, which means that at least one ancestor of either is
present on the side of both sire and dam and in breeding is breeding between
relatives of the 2nd to 4th grade in straight or side line within the first
four generations e.g. uncle to niece, nephew to aunt, cousin to cousin,
grandparents to grandchildren;
(ii) incest breeding—mating
between parents and children or between brother and sister, i.e. 1st grade
relatives and incest breeding as well as continued inbreeding and line breeding
is risky, since it increases the danger of hereditary diseases.
(4) Female dogs shall not be
mated after the age of eight years.
(5) Every breeder shall furnish
the proof of age of their breeding female dogs certified by a veterinary
practitioner.
(6) Every breeder shall keep a
full record of the litter that the male dog or female dog has previously
produced and other relevant details of the litter.
(7) Every breeding female dog
shall be up-to-date with their vaccination boosters and de-worming prior to
mating.
(8) There shall be no tail
docking, ear cropping de-barking, de-clawing, branding, dyeing, injecting
substances to enhance visual appeal, performing a surgery or procedure to
camouflage or hide any defect or infirmity or any other kind of mutilation of
any body part of the pup and any change of appearance by artificial means is
strictly forbidden.
(9) Breeding to create new
breeds of dogs or unusual looks shall be strictly prohibited.
Part III
Health
related Requirements
7.
Health related requirements.
Every dog shall be kept in
a clean, healthy and safe environment and be provided with all socialisation
opportunities, vaccinations, and de-worming necessary to provide maximum mental
and physical well-being.
8.
Veterinary care.
(1) Every breeder shall have
the services of a consultant veterinary practitioner available to attend to
emergency medical requirements and records of his visits shall be maintained in
writing.
(2) The consultant veterinary
practitioner shall visit the establishment periodically, at regular intervals
and medical examination of each dog at the establishment shall be conducted at
least once every month and a record of the same shall be maintained by the
breeder.
(3) Individual health records
shall be maintained of all animals above the age of eight weeks, or that have
been weaned, or that have been treated with a medical procedure, whichever
occurs first.
(4) Litter health records may
be kept on litters when litter-mates are treated with the same medication or
procedure and health records (or a copy) shall accompany all animals upon
transfer of ownership.
(5) Every breeder shall ensure
that frequent observation of all dogs to assess their health and well-being is
performed by a veterinary practitioner or by a para vet if a mechanism of
direct and frequent communication is established so that timely and accurate
information on problems of animal health, behavior and well-being is conveyed
to the consultant veterinary practitioner.
(6) Adequate training and
guidance to personnel involved in the care of animals, including daily
observation of animals, is required and the breeder shall employ only such
persons who can perform at the level required by these rules.
(7) If the veterinary
practitioner finds, either during the course of a visit to the establishment,
or upon his attention being invited to the same by the State Board, that an
animal or group of animals from a breeding kennel are suffering from
contagious, communicable or infectious disease or exposure to any disease, a
quarantine to that establishment may be issued by the veterinary practitioner
until the animals are
(i) recovered and no longer
capable of transmitting the disease; or
(ii) isolated; or
(iii) tested, vaccinated or
otherwise treated; or
(iv) humanely euthanised by a
veterinary practitioner and properly disposed of.
(8) A quarantine issued by the
veterinary practitioner shall remain in effect until released in writing by the
veterinarian and the information regarding such a quarantine having been issued
shall be provided by the veterinary practitioner to the State Board, in
writing.
(9) All pups shall be
vaccinated which can start at the age of seven-eight weeks, and are usually
completed at the age of eighteen weeks.
(10) The dogs shall have been
tested for genetic defects, including hip dysplasia, progressive retinal
atrophy, night blindness, hypothyroidism, entropion, ectropion, overshot,
undershot jaw (when incisors do not touch or mesh), wry mouth, two or more
missing teeth, unilateral cryptorchid or full cryptorchid males.
9.
Euthanasia.
Dogs shall not be
euthanised just because they can no longer breed or can not be sold and
therefore not commercially viable and all euthanasia of mortally wounded or
injured animals or incurably sick or terminally ill animals shall be accomplished
by a registered veterinary practitioner under Veterinary Council of India or
the State Veterinary Council in a manner and through a method approved by the
Veterinary Council of India and the records including post mortem report shall
be maintained of all animals euthanised, and all carcasses including those that
naturally died must be incinerated and shall not be sold.
Part IV
Housing
Facilities and manner of Housing Dogs
10. Structure and construction.
(1) Housing facilities for dogs
shall be structurally sound, and be kept in good repair, contain the animals
securely and restrict other animals from entering.
(2) Areas inside of housing
facilities shall be kept neat and free of clutter, including equipment,
furniture and stored material, but may contain materials actually used and
necessary for cleaning the area, and fixtures or equipment necessary for proper
husbandry practices.
(3) Housing facilities shall be
physically separated from any other business.
(4) All surfaces in housing
facilities, and all other constructions shall be such as allow them to be
readily cleaned and sanitised, or removed or replaced when worn or soiled.
(5) There shall be no jagged
edges or sharp points that may injure the animals.
(6) The ceilings of indoor
housing facilities shall be impervious to moisture.
11. Storage facilities.
(1) Supplies of food and
bedding shall be stored outside the animal area and in a manner that protects
the supplies from spoilage.
(2) The supplies shall be
stored off the floor and away from the walls, to allow cleaning underneath and
around any supplies.
(3) Foods requiring
refrigeration must be stored accordingly, and all food be stored in a manner
that prevents contamination and deterioration of its nutritive value.
(4) All open supplies of food
and bedding must be kept in leak-proof containers with tightly fitting lids to
prevent contamination and spoilage and only food and bedding that is currently
being used may be kept in the animal areas.
12. Cleaning.
(1) Hard surfaces with which
the dogs come in contact shall be spot-cleaned daily and sanitised.
(2) There shall be no
accumulation of excreta, and floors made of sand, gravel, grass or other
similar material shall be raked or spot-cleaned with sufficient frequency to
ensure all animals the freedom to avoid contact with excreta.
13. Drainage and waste disposal.
(1) Regular waste disposal,
removal and disposal of animal and food waste, discarded bedding, debris,
garbage, water, other fluids and wastes, shall be provided for.
(2) Housing facilities shall be
equipped with disposal facilities and drainage systems that ensure rapid
elimination of animal waste and water and if closed drainage systems are used
they shall be equipped with traps that prevent the backflow of gases sewage
onto the floor.
(3) Standing puddles of water
in animal enclosures and adjacent areas shall be drained or mopped up so that
the animals stay dry.
(4) Trash containers in housing
facilities, food storage and food preparation areas shall be leak-proof and
possessed of tightly fitted lids at all times.
14. Water and electricity.
The housing facility shall
have reliable and adequate electricity supply including a backup provision in
case of outage, and adequate potable running water for the animals' drinking
needs, for cleaning, and for carrying out other husbandry requirements.
15. Ambient and comfortable
temperature.
(1) The temperature within
indoor housing facilities for animals shall be ambient and comfortable,
depending on the breeds of dogs that are housed insides.
(2) The temperature shall be
such as provides for their health and well-being.
16. Ventilation.
(1) Adequate ventilation at
indoor housing facilities containing dogs shall be ensured by means of windows,
doors, vents or air conditioning.
(2) The air shall be circulated
by fans, blowers or air conditioning so as to minimise drafts, odours and
moisture condensation.
17. Lighting.
(1) Indoor housing facilities
for animals shall be well-lit enough to permit routine inspection, cleaning of
the facility and observation of the animals.
(2) Primary enclosures shall be
placed so as to protect the animals from excessive light.
18. Chemicals.
(1) Chemicals used for normal
husbandry practices, cleaning, disinfecting, and the like, that may be toxic to
the animals shall not be stored in food storage or food preparation areas, but
may be stored in adjacent rooms or in secure cabinets in the animal areas.
(2) All chemicals shall be
clearly labeled.
19. Medicine.
(1) All medication shall be
stored in clean, dust restricting cabinets with well-fitting doors or other
suitable containers with well-fitting lids.
(2) All medication shall be
clearly marked, or labeled.
(3) Manufactures' labels,
including expiration date, shall not be removed or defaced.
(4) Medication such as dips,
and rinses and those marked for external use only may be stored in the same
cabinet but shall be physically separated from other medication.
20. Fire detection and
extinguishers.
All indoor housing
facilities and the indoor portion of sheltered housing facilities shall be
equipped with properly maintained smoke or heat detection devices and
extinguishers.
21. Outdoor housing facilities.
(1) The following categories of
dogs shall not be kept in outdoor facilities, unless that practice is
specifically approved by the attending veterinary practitioner in writing.
(i) dogs that are not
accustomed to the temperatures prevalent in the area or region in question;
(ii) dog breeds that cannot
tolerate the temperatures prevalent in the area or region in question, such as
long-haired breeds in high temperature locations; and
(iii) sick, infirm, aged or young
animals.
(2) Outdoor facilities for dogs
shall include one or more structures with roofs, i.e., one or more shelters
that are accessible to each animal in each outdoor facility, and that are large
enough to allow each animal within the structure to sit, stand and lie down in
a normal manner, and to turn about freely and in addition, one or more separate
outside areas of shade shall be provided, large enough to contain all the
animals at once and protect them from the direct rays of the sun.
(3) Shelters in outdoor
facilities for animals shall contain a roof, four sides and a floor, and shall.
(i) provide the animals with
adequate protection and shelter from heat and cold; and
(ii) provide the animals with
protection from the direct rays of the sun and the direct effect of wind, rain,
snow or other precipitation.
(4) Primary enclosures for
animals shall meet the following minimum requirements.
(a)
primary
enclosures shall be constructed of suitable material and shall be structurally
sound;
(b)
they
shall be kept in good repair;
(c)
they
shall have no sharp points or edges that can injure the animals;
(d)
they
shall be such as contain the animals securely, and keep other animals from
entering the enclosure;
(e)
enable
the animals to remain dry and clean;
(f)
provide
shelter and protection from extreme temperatures and weather conditions that
may be uncomfortable for or hazardous to the animals;
(g)
provide
sufficient shade to shelter all the animals housed in the primary enclosure at
one time;
(h)
provide
all the animals with easy and convenient access to clean food and water;
(i)
enable
all surfaces that come in contact with the animals to be readily cleaned and
sanitised, or replaced when worn or soiled;
(j)
have
floors that are constructed in a manner that protects the animal's feet and
legs from injury; and
(k)
provide
sufficient space to allow each animal to turn about freely, to stand, sit and
lie down in a comfortable, normal position, and to walk in a normal manner.
(5) Each dog housed in a
primary enclosure (including weaned pups) shall be provided a minimum amount of
floor space, calculated as follows.
(a)
length
of the enclosure: four times the length of the dog, measured from the tip of
its nose to the base of its tail; and
(b)
breadth
of the enclosure: two times the length of the dog, measured from the tip of its
nose to the base of its tail.
(6) Each female dog with
nursing pups shall be provided with an additional amount of floor space, based
on her breed and behavioral characteristics, and in accordance with generally
accepted husbandry practices as determined by the attending veterinarian.
(7) The interior height of a
primary enclosure shall be at least six inches higher than the head of the
tallest dog in the enclosure when it is in a normal standing position.
(8) Cages or crates used to
contain animals for short periods of time shall be large enough to permit the
animal to stand, sit, lie and turn around in a normal manner.
(9) Dogs shall not be caged
except at night when the caregiver retires, or when necessary for medical
reasons.
22. Dogs on tethers.
(1) Dogs may be kept on tethers
only in outside housing facilities that meet the requirements of these rules,
and only when the tether meets the requirements of this paragraph.
(2) The tether shall be
attached to the front of the dog's shelter structure or to a post in front of
the shelter structure and shall be at least three times the length of the dog,
as measured from the tip of its nose to the base of its tail.
(3) The tether shall allow the
dog convenient access to the shelter structure, and to food and water
containers.
(4) The tether shall be of the
type and strength commonly used for the size of dog involved, and shall be
attached to the dog by a well-fitted collar that does not cause trauma or
injury to the dog.
(5) Collars made of materials
such as wire, flat chains, or chains with sharp edges, or chains with rusty or
non-uniform links, are prohibited.
(6) The tether shall be
attached such that the dog is not in danger of becoming entangled with other
objects or coming into physical contact with other dogs in the outside housing
facility, and such that the dog is able to roam to the full range of the
tether.
(7) A perimeter fence that is
of sufficient height to keep unwanted animals out shall enclose the dog housing
area where dogs are on tethers.
(8) The fence shall be
constructed such that it protects the dogs by preventing other dogs of equal or
greater size from going through it or under it, or even above it, and coming
into contact with the dogs inside.
23. Compatibility.
(1) All dogs housed in the same
primary enclosure shall be compatible, as determined by observation.
(2) Not more than twelve adult
dogs shall be housed in the same primary enclosure.
(3) Female dogs in heat shall
not be housed in the same primary enclosure with sexually mature males, except
for breeding.
(4) Except when maintained in
breeding colonies, female dogs with litters shall not be housed in the same
primary enclosure with other adult dogs; pups less than four months of age
shall not be housed in the same primary enclosure with adult dogs other than
their dam or foster dam.
(5) Dogs with a vicious or
aggressive disposition shall be housed separately from other dogs and sedation
shall not be used to control behavior of such dogs.
(6) Dogs that have or are
suspected of having a contagious disease shall be isolated from healthy
animals.
(7) When an entire group or
room of animals is known to have or believed to be exposed to an infectious or
contagious agent, the group may be kept intact during the process of diagnosis,
treatment and control.
24. Exercise for dogs and
socialising.
(1) Commercial kennels,
commercial breeders, traders, other dealers, and exhibitors shall develop,
document and follow an appropriate plan to provide dogs with an opportunity for
exercise.
(2) The plan shall be approved and
signed by the breeder and the attending veterinarian, and include written
standard procedures to be followed in providing the opportunity for exercise.
(3) The plan shall also be made
available to the State Board upon request.
(4) The plan shall, at a minimum,
comply with each of the following.
(a)
dogs
over twelve weeks of age, except female dogs with litters, housed, held or
maintained by any animal shelter, boarding kennel, commercial kennel,
commercial breeder, trader, other dealer, exhibitor, or other licensee shall be
provided the opportunity for exercise regularly; and
(b)
the
frequency, method and duration of the opportunity for exercise shall be
determined by the consultant veterinary practitioner.
(5) The breeders, in developing
their plan, shall consider providing positive physical contact with humans that
encourages exercise through play or other similar activities and if a dog is
housed, held or maintained at a facility without sensory contact with another
dog, it shall be provided with positive physical contact with humans at least
once daily.
(6) The opportunity for
exercise may be provided in a number of ways, including.
(a)
group
housing in cages, pens or runs that provide at least one hundred per cent. of
the required space for each dog if maintained separately under the minimum
floor space requirements of these rules;
(b)
providing
access to a run or open area at the frequency and duration prescribed by the
attending veterinarian;
(c)
adequate
exercise either in a fenced area or on a leash with a person on the other end;
(d)
exercising
for at least thirty minutes twice per day;
(e)
socialising
with people at suitable intervals equaling at least three hours per day for
adult and five hours per day for pups less than four months of age; and
(f)
other
similar activities.
(7) Every establishments shall
keep checklists documenting the name of the caretakers who complete these
tasks, and the time at which each does so and checklists shall be made
available to the State Board during inspections, or when demanded.
(8) Every establishment shall
ensure that forced exercise methods or devices such as swimming, treadmills or
carousel-type devices are resorted to or used:
Provided that if, in the
opinion of the veterinary practitioner, it is inappropriate for certain dogs to
exercise because of their health, condition or well-being, the breeder may be
exempted from meeting the requirements of this paragraph for those specific
dogs only.
25. Feeding.
(1) Animals shall be fed as per
prescribed standards.
(2) The food shall be
uncontaminated, wholesome, palatable and of sufficient quantity and nutritive
value to maintain the normal condition and weight of the animal.
(3) The diet shall be
appropriate for the individual animal's age and condition.
(4) Food receptacles used for
animals shall be readily accessible to all animals and shall be located so as
to minimise contamination by excreta and be protected from the rain and feeding
pans shall be made of a durable material that can easily be cleaned and
sanitised and shall be kept clean.
26. Cleaning, sanitisation and
housekeeping.
(1) Excreta and food waste
shall be removed from primary enclosures daily, and from under primary
enclosures as often as necessary, to prevent an excessive accumulation of feces
and food waste, to prevent soiling of the animals contained in the primary
enclosures, and to reduce disease hazards, insects and odours.
(2) When water is used to clean
the primary enclosure, whether by hosing, flushing or other methods, animals
shall be removed unless the enclosure is large enough to ensure that the animals
will not be harmed, wetted or distressed in the process.
(3) Standing water shall be
removed from the primary enclosure and adjacent areas.
(4) Animals in other primary
enclosures shall be protected from being contaminated with water and other
wastes during the cleaning.
(5) Hard surfaces of primary
enclosures and food and water receptacles shall be cleaned and sanitised, by
washing them with appropriate detergent solutions and application of
disinfectants.
(6) Pens, runs and outdoor
housing areas using material that cannot be cleaned and sanitised using the
method previously stated, such as gravel, sand, grass, earth or absorbent
bedding, shall be cleaned and sanitised by removing the contaminated material
as necessary to prevent odours, disease hazards, and insects.
27. Housekeeping for premises.
The establishment, where
housing facilities are located, including buildings and surrounding grounds,
shall be kept clean and in good repair, and free of accumulations of trash,
junk, waste products and discarded matter, and weeds, grasses and bushes shall
be controlled so as to facilitate cleaning of the facility, control and prevent
fleas and ticks, and protect the health and well-being of the animals and
regular de-ticking shall be practiced at the time of grooming.
28. Annual vaccination of dogs.
The dogs at every breeding
establishment shall be annually vaccinated against rabies (and preferably
against canine distemper, parvo-virus, leptospirosis and viral hepatitis).
29. Employees.
(1) Every breeder shall have
enough employees to carry out the level of husbandry practices and care
required by these rules.
(2) The employees who provide
for husbandry and care or handle animals shall be properly trained, and
supervised by an individual who has the requisite degree of knowledge,
background and experience in proper husbandry and care of dogs to be able to do
so.
30. Identification of dogs.
Every breeder shall ensure
that.
(a)
every
dog is identified by an official tag affixed to the collar of each dog;
(b)
identification
of all breeding stock and of pups over three months, are performed by a
veterinary practitioner through micro-chipping;
(c)
tags
are sequentially numbered and referenced to record which completely and
accurately identify the source of the dog, all medical treatment or procedures
that it may have been subjected to, and the disposition of the animal; and
(d)
the
micro-chips are allotted sequential numbers for the same purpose and a record
of the tag number and micro-chip number used to identify the dog accompany each
dog that is sold or otherwise moved out of the establishment.