[27th
February 2023] Whereas a draft of the
Prevention of Cruelty to Animals (Egg Laying Hens) Rules, 2019 was published in
the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide
notification of the Government of India in the Erstwhile Ministry of
Agriculture and Farmers Welfare number GSR 335(E), dated the 29th April, 2019,
inviting objections and suggestion from all persons likely to be affected
thereby, within a period of thirty days, from the date of which copies of
Official 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 2nd May, 2019; And whereas the objections
and suggestions received in respect of the said draft rules, have been duly
considered by the Ministry of Fisheries, Animal Husbandry and Dairying; And whereas the rules before
publication were placed before the Hon'ble High Court of Delhi on 24th October,
2019 for their consideration as per the directions dated 10th April, 2019 in
the matter WP (C) 9056 of 2016 and other connected matters; And whereas, the Hon'ble
High Court of Delhi vide its order dated 17th November, 2022 in the said matter
has given liberty to Government of India to notify the rules; Now, therefore, in exercise
of the powers conferred by sub-section (1) of section 38 read with clause (e)
of sub-section (1) of section 11 of the Prevention of Cruelty to Animals Act,
1960 (59 of 1960), the Central Government hereby makes the following rules,
namely:- (1)
These rules may be called the Prevention of
Cruelty to Animals (Egg Laying Hens) Rules, 2023. (2)
They shall come into force on the date of their
publication in the Official Gazette. (1)
In these rules, unless the context otherwise
requires, - (i)
Act means the Prevention of Cruelty to
Animals Act, 1960 (59 of 1960); (ii)
conventional colony enclosures (previously
referred to as battery cages or California cages whatever name it may call)
means a confined area which can have varying dimensions and number of laying
hens and layer pullets conforming to minimum space required so as not to
inflict cruelty. (iii)
environmental condition means the location
where poultry farming is taking place. (iv)
farm means the land, building, support
facilities, and other equipment that are wholly or partially used in poultry
farming for the production of eggs: Provided that the farm
premises should be contiguous in nature for registration purpose. (v)
farm owner or farm operator means any person
or company or entrepreneur or farmers organisation or society who own or
controls the operation of a farm and includes individual and any other person
on whose behalf the farm is being run; (vi)
laying hens means sexually mature female
birds of the species Gallus gallus domesticus kept for the commercial production
of eggs for human consumption and other usage. (vii)
layer pullets means the female birds of the
species Gallus gallus domesticus raised for commercial layer production
purposes from hatch until the onset of sexual maturity: (viii)
Registering Authority means the Animal
Husbandry Department of the State and Union territories designated as such
where the poultry farm is established. (ix)
"Society for Prevention of Cruelty to
Animals" means the society as defined in clause (e) of rule 2 of the
Prevention of Cruelty to Animals (Establishment and Regulation of Societies for
Prevention of Cruelty to Animals) Rules, 2001 (published in the Gazette of
India vide S.O. 271(E), dated 26th March, 2001). (x)
"State Board" means a State Animal
Welfare Board constituted in a State by the State Government. (xi)
"Veterinary practitioner" means a
registered Veterinary practitioner as defined in clause (g) of section 2 of the
Indian Veterinary Council Act, 1984 (52 of 1984). (xii)
"WOAH" - World Organisation for
Animal Health is an international organisation with 181 member countries, which
have given it a mandate to improve animal health and welfare throughout the
world. (2)
Words and explanations used herein and not
defined but defined in the Prevention of Cruelty to Animals Act, 1960 and the
Indian Veterinary Council Act, 1984 shall have the meanings respectively
assigned to them in those Acts. (1)
The persons or entities owning or having
charge of farms keeping such number of laying hens or layer pullets per farm as
may be specified by the Registering Authority of the concerned State or Union
territories shall apply, to get their farms registered with the Animal
Husbandry Department of the concerned State Government or Union territory. (2)
The Animal Husbandry Department of the State
of Union territory shall while granting registration, impose such conditions as
it may deem fit for proper implementation of these rules. (3)
The application for Registration shall
include the farm layout, bio-security arrangement as provided from time to time
by the Department of Animal Husbandry and Dairying, Ministry of Fisheries,
Animal Husbandry and Dairying and other relevant information required under the
rules. (4)
The Registering Authority, if satisfied that
the enclosures are as per the rules, it shall register the farms and issue a
certificate of registration. (5)
The certificate of registration shall be
valid for five years from the date of its issuance and the certificate may be
renewed from time to time through an application made by the person owning or
incharge of the farm to the Registering Authority, within a period of three
months from the date of expiry of the existing certificate of registration. (6)
Every farm operating prior to the
commencement of these rules shall within a period of three months from the date
of its commencement, register itself with the Animal Husbandry Department of
the concerned State or Union territory. (7)
The registration certificate shall be
displayed in a conspicuous place at the farm. (1)
The owner or operator of farm or company or
society or organisation shall be responsible for ensuring the compliance of
these rules as per the given environmental conditions for the welfare of laying
hens. (2)
In case of contract farming between
contractor and farmers, where inputs for poultry farming are provided to the
farm owner by the contractor, both the farm owner and the contractor shall be
responsible for ensuring compliance of these rules. (3)
Where a farm is owned by a Government, the
responsibility of compliance of these rules shall be on the head of the
institution. (i)
enter at any reasonable time and inspect the
farm; and require any person to produce farm layout records kept by him in
respect of the registered farm. (ii)
during the inspection, the inspecting
official shall follow biosecurity protocols and norms as specified by the
Department of Animal Husbandry of concerned State of Union territory; (iii)
no inspector shall visit more than one farm
within a period of seventy two hours for biosecurity concerns to prevent the
spread of infection and he should keep the record for all of his visits to
ensure biosecurity protocols. (i)
The floor space per bird shall not be less
than five hundred and fifty square centimeter; and (ii)
each enclosures should accommodate preferably
a minimum of six to eight birds, thus ensuring reasonable space for laying hens
for lying down, standing up, flapping wings, turning around and access to feed
and water. (1)
The farm owner or the operator shall ensure
that the maximum housing density is not exceeded and maintain records of the
total floor area available to the laying hens; the space allowances and maximum
number of birds kept within the house. (2)
The farm owner or the operator shall maintain
the record of available number of birds, the daily mortality and number culled. (3)
The records shall be made available for
inspection by the prescribed authority. Explanation.- For the
purpose of this rule, the explanation "prescribed authority" means
such authority as may be notified by the Ministry of Fisheries, Animal
Husbandry and Dairying. (i)
feeding of laying hens with remains of dead
chicks. (ii)
use of antimicrobial growth promoters. (iii)
use of antimicrobials, if required, may be
administered for therapeutic purposes (disease treatment) and only under
supervision of a veterinarian and (iv)
withdrawal of feed to induce a molting. (1)
The farm owner or farm operator shall deploy
adequate manpower including registered veterinarian to provide adequate
management and veterinary care during housing and in emergency medical care. (2)
The emergency contact details of the
veterinarian should be displayed at a conspicuous part of the farm. (1)
The State Government shall notify the
administrative provisions necessary to comply with these rules on or before
31st day of July, 2023 and such States shall forthwith inform the same to the
Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal
Husbandry and Dairying, New Delhi. (2)
The existing farms shall adopt the new animal
welfare guidelines on or before 1st January, 2029.Prevention
Of Cruelty To Animals (Egg Laying Hens) Rules, 2023
These rules address space allowance for commercial layer pullets or laying hens
of species Gallus gallus domesticus to clarify space requirement of laying hens
and layer pullets kept in conventional colony enclosures, previously referred
to as battery cages, for egg production.
These rules shall apply to the farms where egg laying hens are housed in colony
enclosures.
For the purposes of ensuring compliance, the Animal Husbandry Department of the
State or Union territory or the Board or the State Board or District Society
for Prevention of Cruelty to Animals may authorise officials of appropriate
level to inspect any farm, and submit a report containing the findings of such
inspection to the Registration Authority and officials of appropriate level
may, -
All new farms or replacement of old cages (whatever name called) must meet
following specification, namely:-
The following shall be prohibited for feeding of laying hens, namely:-
The hatcheries shall use any of the procedure for euthanasia for male chicks as
provided in the guidelines for World Organization of Animal Health.
The farm shall sell the spent laying hens preferably to the licensed slaughter
houses or to a registered trader and transport and slaughter of spent laying
hens shall be in accordance with the applicable laws for the time being in
force.
If any poultry farm is not maintained in the manner required under these rules,
the Registering Authority may, after serving a show cause notice in writing,
and giving an opportunity to the person to reply on such show cause notice
within a period of thirty days, cancel the certificate of registration.
If the farm complies with the deficiencies identified during the inspection
within a specific time frame, the Registering Authority shall consider for
revival of the registration.
Any person aggrieved by any order regarding refusal or cancellation of
registration of any farm may make an appeal to such officer or authority as may
be specified by the State Government within a period of one month from the date
of such order.
If any person owning or having charge of farms contravenes the rules, he shall
be punishable with fine as provided under Prevention of Cruelty to Animals Act,
1960 and when the contravention is by an entity, the person in-charge and
having administrative control over the farm shall be deemed to be guilty of the
offence and shall be punishable accordingly.