Prevention of Cruelty to Animals (Pet Shop)
Rules, 2018
[Prevention of Cruelty to
Animals (Pet Shop) Rules, 2018]
[6th
September, 2018]
Whereas the draft
Prevention of Cruelty to Animals (Pet Shop) 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 Government of India, Ministry of
Environment, Forest and Climate Change notification number G.S.R. 1152(E),
dated the 16th December, 2016 in the Gazette of India,
Extraordinary, Part-II, Section 3, Sub-section (i), dated the 16th December,
2016 inviting objections and suggestions from all persons likely to be affected
thereby within a period 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 16th December,
2016;
And whereas, objections and
suggestions received from the public have been considered by the Central
Government;
Now, therefore, in exercise
of the powers conferred by the 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 (Pet Shop) Rules, 2018.
(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;
(c)
“breeder”
means an individual or group of persons who own pet animal for breeding and
sale, and includes a boarding kennel operator, intermediate handler and trader;
(d)
“certificate
of registration” means a certificate of registration issued under these rules;
(e)
“Farm”
means a Farm contained in the First schedule;
(f)
“infirm
animal” means any animal that is suffering from any functional or physiological
disorder, defect or disability, or any deficiency from birth, or acquired after
birth;
(g)
“inspector”
means a veterinarian of the State Government authorised in writing by the State
Animal Welfare Board or SPCA:
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;
(h)
“local
authority” means a municipal committee, SPCA or other authority for the time
being invested by law with the control and administration of any matter within
a specified local area;
(i)
“mutilating”
means subjecting an animal to a surgery or procedure such as ear cropping, tail
docking or branding or otherwise performing a surgery or procedure to
camouflage or hide any defect or infirmity except curative surgery;
(j)
“pet
animal” includes dog, cat, rabbit, guinea pig, hamster, rodents of the rat or
mice category, pet birds and such other type of animals, the ownership of, and
trade in which, is not prohibited by any other law, rules or regulations;
(k)
“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, and includes online
platforms over which the sale and purchase of pet animals is carried out
wherever the context permits;
(l)
“pet
shop owner” means any person who owns or has control over any pet shop;
(m)
“Schedule”
means a Schedule annexed to these rules;
(n)
“SPCA”
means 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) Rule, 2001 made under the Act;
(o)
“State
Board” means the State Animal Welfare Board constituted in a State by the State
Government;
(p)
“un-weaned
animal” means.
(i)
the
offspring of an animal that has not attained the age at which it normally
acquires independent survival skills to meet its basic needs like food, warmth
and safety; and
(ii)
kittens
and pups below eight weeks, and captive birds without mature flight feathers.
(q)
“veterinary
practitioner” means a veterinary practitioner registered under the provisions
of the Indian Veterinary Council Act, 1984 (52 of 1984).
(2) Word 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 operating pet shops without registration.
(1) No person shall.
(a)
carry
on or continue the business of sale or trade in pet animals, whether retail or
wholesale; or
(b)
establish
or operate a pet shop, or any other establishment engaged in sale, purchase or
exchange of pet animals by whatever name called, without obtaining a
certificate of registration in Form II:
Provided that any person
operating a pet shop on the date of the commencement of these rules shall,
within sixty days of such commencement, obtain a certificate of registration of
pet shop under these rules:
Provided further that if a
person referred to in the first proviso fails to apply for the registration
within such period of sixty days or is refused the registration for any reason
specified in these rules, then, the State Board or Society for Prevention of
Cruelty to Animals shall seal the shop, and confiscate the pet animals
displayed or housed for sale and the pet animals so confiscated shall be handed
over to as deemed fit by the magistrate under the provisions of Section 29 of
the Act, however, thirty days notice shall be given to the pet shop owner
before confiscation of the pet animals from the date of expiry of such period
of sixty days or from the date on which the registration has been refused.
(2) Every pet shop owner shall
prominently display the certificate of registration in the pet shop.
(3) Every pet shop owner shall
keep the pet shop open for inspection by an inspector authorised in writing by
the State Board or the Society for Prevention of Cruelty to Animals.
Rule - 4. Registration of pet shop.
(1) A person shall not be
eligible for registration of pet shop 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 other 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 pet shop shall be made to the State Board in Form-I providing
all information required therein and accompanied with a non-refundable fee of
five thousand rupees.
(3) A person shall be required
to make separate applications for every pet shop or premises being used or
intended to be used for carrying on or continuing the business of sale or trade
in pet animals, whether retail or wholesale.
(4) Pet shop owner shall submit
an affidavit with the application referred to in sub-rule (2) stating that all
the conditions for registration of pet shop have been fulfilled.
(5) The State Board, on receipt
of an application under sub-rule (2), may register the pet shop and issue a
certificate of registration in Form II to the applicant in respect of that pet
shop, and the state Board shall maintain a Register of certificate of
registration in Form III.
(6) The State Board shall,
after registration of pet shop under sub-rule (5), cause the pet shop to be
inspected by an authorised veterinarian of the State Government within a period
of three months.
(7) The veterinarian referred
to in sub-rule (6) shall after making inspection submit a signed report to the
State Board.
(8) The State Board may, after
considering the report of the veterinarian and on being satisfied that the pet
shop complies with the requirements specified under these rules, continue the
registration of pet shop.
(9) The State Board shall not
permit continuation of registration of pet shop, if.
(a)
the
information submitted by the applicant 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
applicant has, at any stage prior to submission of his application for
registration of pet shop, been convicted of any offence under the Act, or the
Wild Life (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
applicant has refused to allow the inspector or the representative of the State
Board authorised in writing, free and unimpeded access to his facilities; or
(d)
the
applicant was operating a pet shop without a valid certificate of registration,
and failed to apply for the same resulting in sealing of his shop.
(10) Where the State Board does
not permit the registration of pet shop, the State Board shall inform the
applicant in writing the reasons thereof within thirty days from the date of
receipt of inspection report by the State Board.
(11) A certificate of
registration issued by the State Board shall be valid for a period of five
years, and may be renewed upon an application being made to the State Board
together with a fee of five thousand rupees.
(12) A certificate of
registration issued under these rules shall be non-transferable.
(13) Notwithstanding anything in
these rules, the following persons shall not require a license under these
rules, namely.
(a)
an
animal shelter operated by or on behalf of a local authority, or an Animal
Welfare Organisation registered with the Board;
(b)
any
other facility or establishment that operates for the welfare of animals, and
is not engaged in commercial activity such as sale and purchase of animals;
(c)
an
establishment registered with the Committee for the Purpose of Control and
Supervision of Experiments on Animals (CPCSEA), and coming under the purview of
the Breeding of and Experiments on Animals (Control and Supervision) Rules 1998
as amended from time to time for the purpose of experiments, breeding and
trading of animals, and shall be exempted from these rules.
Rule - 5. Renewal of registration.
An application for renewal
of registration of pet shop shall be made, at least thirty days prior to the
expiry of the registration, to the State Board in the Form-I and the provisions
of Rule 4 shall mutatis mutandi apply.
Rule - 6. Accommodation, infrastructure and housing.
(1) A pet shop shall be located
within a permanent structure or building, with adequate arrangement for basic
amenities such as water and electricity, and adequate power back up.
(2) No person shall be allowed
to operate a pet shop on a shanty, shack, pavement or any temporary or make
shift arrangement.
(3) The enclosures or rooms or
aviaries in a pet shop in which the pet animals for sale are displayed or
housed shall be of adequate size and space as set out in the Second Schedule,
so as to permit.
(a)
the
pet animal housed therein to stand, sit, lie down, turn around, stretch and
make other normal postural adjustments without obstruction, interference or
impediment occasioned by paucity of space;
(b)
the
birds within to fly, hop, jump, climb and otherwise move about, and
individually spread their wings, and perch in normal position without
obstruction, interference or impediment occasioned by paucity of space, and the
water birds shall be provided water troughs to wallow.
(4) The floor of the enclosure
or room for displaying or housing pet animals for sale shall be constructed
such that no injury to the animals' feet, or legs, or any other injury is
caused to them, however, wherever mesh floors are used, a tray shall be
provided to avoid any organic matter falling into the cages below in case of
stacking.
(5) The temperature at the
enclosures or rooms or aviaries in which pet animals are displayed or housed
for sale shall be comfortable, which may vary from animal to animal, and from
breed to breed, and it shall be incumbent upon the pet shop owner to familiarise
himself with the requirements of the breeds or species that he intends to deal
in, and provide ambient and comfortable temperature for them.
(6) Every pet shop owner shall
provide in the pet shop and particularly, in the enclosures or rooms or
aviaries in which the pet animals are displayed or housed for sale, suitable
drainage or a way to quickly eliminate waste and water when cleaning.
(7) Every pet shop displaying
or housing pet animals for sale shall.
(a)
be
adequately ventilated and a low noise exhaust fan or system shall be installed;
(b)
be
free from noise pollution, and shall not be adjacent to areas where loud noises
can be heard, or noxious fumes and odors emitted, including factories and other
similar industrial establishments;
(c)
not
be located within the vicinity of hundred meters from butcher shops, or
butcheries, or abattoirs, and entry of other animals that may disturb or harm
the pet animals housed or exhibited for sale in pet shops shall not be allowed;
(d)
install
and make smoke-detection and fire-fighting equipment available and ready for
use at the pet shop; and
(e)
have
an isloated or quarantine area where pet animals infected with a contagious
disease or suspected of being infected can be segregated from the rest of the
animals intended for sale.
Rule - 7. General care of animals, veterinary care and other operational requirements.
(1) Every pet shop owner shall
ensure that pet animals are at all times displayed or housed for sale in
accommodation and environment suitable to their species with respect to situation,
size, temperature, lighting, ventilation and cleanliness, and other similar
standards and no pet animals or birds shall be on display, or displayed outside
pet shops, or in show windows.
(2) Every pet shop owner shall
ensure that.
(a)
sufficient
food of a type consistent with the dietary requirements and age of the pet
animals intended for sale is provided to them;
(b)
clean
drinking water is available to the pet animals intended for sale at all times;
(c)
vessels
used for feeding and watering of pet animals are kept clean and free from
contamination of excrement or urine;
(d)
the
enclosures or rooms or aviaries in which pet animals for sale are displayed or
housed are cleaned daily or more often, if found to be soiled by excrement or
other waste, and disinfected frequently to preclude the possibility of outbreak
of disease;
(e)
where
accommodation is on a tiered system, water, food or other droppings are not
allowed to enter the lower housing;
(f)
food
wastes, animal excreta, used bedding, debris and any other organic wastes are
removed daily, or more frequently, from the animal enclosures;
(g)
aviaries
are cleaned daily, or more frequently, to prevent buildup of bird wastes and
uneaten food;
(h)
the
enclosures or rooms or aviaries in which pet animals for sale are displayed or housed
are such as enable them to move about freely, or rest comfortably, and the pet
animals requiring bedding material are provided the same, and no feed is
allowed to mix in the bedding;
(i)
all
pet animals displayed or housed in the same enclosure are of the same species
and age group and are grouped in a manner that precludes mating or bullying and
fighting;
(j)
pet
animals that are inimical to each other are not displayed or housed in abutting
enclosures, and dogs and cats are not kept adjacent to each other, and birds,
rabbits, guinea pigs, hamsters, and rodents are not kept adjacent to dogs and
cats, since the same can cause acute stress;
(k)
only
healthy pet animals, certified in writing by a veterinary practitioner as being
so, are offered for sale at the pet shop; and
(l)
pet
animals for sale are not left in the pet shop at night without sufficient
number of attendants to attend to them.
(3) A pet shop shall not
display or house pregnant animals or mothers caring for un-weaned young for
sale or offer them for sale.
(4) No pet shop shall sell any
animal intended to be used for food, skin or accessories except insects or some
species of animals that are not used for human consumption but used as food for
other animals.
(5) Every pet shop owner shall.
(a)
employ
only such persons as are trained for handling or taking care of pet animals,
and shall not employ any person who is of unsound mind or displaying signs of
aggressive or abnormal behavior or whose temperament does not seem suited for
working with animals; and
(b)
have
sufficient dedicated staff at the pet shop to take care of, and attend to pet
animals properly.
(6) Every pet shop owner shall
make provision for veterinary care, including emergency medical care, and
display at a conspicuous place in the pet shop the emergency contact
information of the veterinary practitioner so as to allow the employees and
customers access to the veterinary practitioner, with their concerns regarding
the health of the pet animals at the facility.
(7) The pet shop owner shall
immediately report the outbreak or suspected outbreak of any zoonotic or
contagious disease or infection to the local authority, the SPCA, the State
Board and the State Government Department responsible for Animal Husbandry.
(8) Every pet shop owner shall
provide at least one room or enclosure for quarantining sick or diseased pet
animals, or pet animals suspected to be sick or diseased, or segregating newly
acquired pet animals and ensure that.
(a)
quarantined
sick or diseased pet animals are not kept together with newly acquired pet
animals;
(b)
the
quarantine or isolation facility is cleaned and disinfected thoroughly after
quarantined or isolated pet animals have been removed from the same, and prior
to the placement of additional pet animals into the room or enclosure; and
(c)
the
equipment and vessels used at the quarantine or isolation facility are kept
separate and distinct.
(9) Every pet shop owner shall
ensure that any pet animal that becomes incurably sick or terminally ill or
mortally wounded is euthanised by a veterinary practitioner in the manner
specified by the Veterinary Council of India, and maintain a record of such
cases and report such instances to the State Board.
(10) Every pet shop shall have
arrangement to dispose-off carcasses of pet animals that die at the facility,
and dead animals shall be removed at the earliest from the sight of other pet
animals.
(11) Every pet shop owner shall
prominently display at the pet shop, the license granted to him for operating
the facility.
(12) The species and numbers of
pet animals, and the prices for which they are offered for sale shall be
prominently displayed at the pet shop.
(13) Receipts shall be issued
for every pet animal sold in Form IV and a copy of each receipt shall be
retained at the pet shop.
(14) No pet shop shall sell pet
animals with any form of mutilation, however, necessary curative surgery shall
be exempted based on the prescription of the veterinarian.
(15) No pet shop shall sell
un-weaned or underage animals or birds.
(16) Every puppy shall be
micro-chipped by a veterinary practitioner, and each pet shop shall have a
functional micro-chip reader within the premises and it is a requirement of
these rules that only micro-chipped puppies shall be sold.
(17) Every pet shop owner shall
have in place an appropriate written exercise plan for pups over sixteen weeks
of age and for different species of animals, signed and certified by a
veterinary practitioner, and ensure that the same is strictly adhered to.
(18) Every pet shop owner shall
make efforts to ensure the adoption or re-homing of any pet animal that has not
found a buyer despite three months having elapsed since it was first displayed
for sale at the pet shop:
Provided that all
particulars of adoption or re-homing of unsold animals shall be entered in a
register to be kept at the pet shop:
Provided further that the
pet shop owner shall not abandon or discard un-sold pet animal on to the
streets or otherwise.
(19) If the pet shop owner
intends to provide grooming services, the same shall be specifically mentioned
in the application for grant of license, and the grooming area shall be
physically separated from primary animal enclosures and animal food storage
areas.
(20) Any and all items intended
for sale, whether retail or whole-sale, including pet products and accessories,
shall not be stored or displayed for sale in the animal areas within a pet
shop.
(21) Every pet shop owner shall
make available to customers free of charge at the time of purchase, pet care
leaflets or other similar written instructions regarding the degree and manner
of care, and regarding traits and behavioral patterns of the pet animal being
purchased.
(22) No pet shop shall sell any
pet animal to a person who has not attained the age of majority.
(23) Every pet shop owner and
any person involved in the pet trade shall ensure that they provide the maximum
care in the housing, upkeep and maintenance of the animals under their care and
in their custody, and take all necessary precautions to protect them against
fire, accidents, attacks from other animals, or other dangerous occurrences.
(24) Every pet shop owner shall
engage a veterinary practitioner to check each animal in the pet shop and give
a certificate of fitness once in every month or at anytime as informed by the
pet shop owner on noticing any symptom of illness.
(25) No pet shop shall sell any pet
animal acquired from a breeder unless the breeder is registered as required by
the relevant rules in force.
(26) Adequate measures shall be
taken by the pet shop owner to maintain health records including details of
vaccination.
Rule - 8. Maintenance of records.
(1) Every pet shop owner shall
maintain in a record book in Form V, the particulars of breeders and suppliers
of pet animals intended for sale, including name, address, contact details, and
date of transaction, and the number of pet animals received, their breed or
species, and bird band number if applicable.
(2) The pet shop owner shall
maintain a record in Form VI of customers buying pet animals from him in a
record book, with names, addresses, contact details, and the details of pet
animal purchased, and the price at which purchased, and the receipt issued.
(3) Every pet shop owner shall
maintain a record in Form VII of the pet animals that die at the pet shop, with
the day, date and time of death, and cause of death certified by a veterinary
practitioner, and details of the medical attention and care provided to the
deceased pet animal prior to its death certified in writing by a veterinary
practitioner, and manner of disposal of carcasses.
(4) Every pet shop owner shall
maintain a separate record in Form VIII of the incurably sick or terminally ill
or mortally wounded pet animals that are euthanised, with the day, date and
time of death, and cause of death certified by a veterinary practitioner, and
details of the medical attention and care provided to the deceased pet animal
prior to its death, and manner of disposal of carcasses.
(5) The records maintained
under this rule shall be available at the pet shop for inspection by the State
Board or any intending purchaser.
Rule - 9. Non-compliance with these rules.
(1) The State Board may, upon
receipt of a written complaint or otherwise, inquire into or get the complaint
inquired into in writing by the local authority or SPCA in order to establish
the non- compliance of these rules by the pet shop owners.
(2) If during an inspection, a
pet animal is suspected to be sick or experiencing any kind of distress then
the inspector or any person, authorised by the State Board in writing to give a
certificate of ill health may require the pet shop owner to provide medical
attention to the sick animal and require the pet owner to submit health report
within seven days post the inspection date, and after seven days, if the
authorised inspector or person is not satisfied with the progress in the
matter, he shall confiscate the pet animal, and remove it for treatment and
care to a shelter house run by an Animal Welfare Organisation registered with
Board having appropriate housing facility, after recording in writing the
reasons why such action is necessitated, and giving a copy of the reasons so
recorded to the pet shop owner and the Animal Welfare Organisation.
(3) The expenses incurred for
treating and attending to the pet animal under sub-rule (2) shall be borne by
the pet shop owner, and the Animal Welfare Organisation shall return the animal
to the pet shop owner after the pet animal has recovered fully, and the expense
for its treatment and the care provided has been reimbursed to the Animal
Welfare Organisation.
(4) The pet shop owner shall
not, in the event of removal of a sick or otherwise distressed pet animal under
this rule, be entitled to claim any compensation whatsoever, from the State
Board or the Animal Welfare Organisation.
(5) If any other violation of
the requirements of these rules is discovered during an inspection of a pet
shop by the inspector or person referred to in sub-rule (2), the State Board
shall issue a notice to the pet shop owner to show cause within fifteen days of
receipt of the notice, why his registration be not cancelled.
(6) The State Board may, if it
is not satisfied with the response of the pet shop owner, or if no response is
received, cancel the registration and communicate the reasons thereof in
writing to the pet shop owner.
(7) The pet shop, the
registration of which has been cancelled, shall not be sealed by the State
Board.
(a)
until
the period for making appeal against such cancellation has expired; and
(b)
in
case where an appeal has been preferred and is pending, until the disposal of
the appeal.
(8) Where the appeal has been
rejected, the State Board may seal the shop, and confiscate the animals
displayed or housed for sale and the confiscated animals shall then be dealt
with in the manner set out in Rule 3.
Rule - 10. Inspection of establishment.
(1) The State Board may, either
upon receipt of a complaint or for any other reason, cause any pet shop to be
inspected by an inspector authorised in writing by it in this behalf.
(2) The inspector so authorised
under sub-rule (1) shall, on producing his authority, have power to.
(a)
enter
into the pet shop 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) A pet shop registered under
these rules shall be inspected at least once every 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, is of the opinion that any requirements of these rules
are contravened by the pet shop owner, it may, after giving a copy of the
report to the pet shop owner and an opportunity to show cause, cancel the
registration of the pet shop and communicate it the reasons thereof in writing
to the pet shop owner.
Rule - 11. Appeal.
(1) Any pet shop owner
aggrieved by the decision of the SPCA or State Board may, within thirty days of
receipt of the decision, prefer an appeal before the State Board against the
decision of SPCA or Secretary, Animal Husbandry, State Government against the
decision of State Board.
(2) The State Board or
Secretary, Animal Husbandry, State Government, as the case may be, shall after
giving notice to the pet shop owner and SPCA or the State Board as the case may
be, 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
pet shop owner and SPCA or the State Board as the case may be.
Rule - 12. Reports by pet shop.
(1) Every pet shop registered
under these rules shall,
(a)
submit
at the end of every 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, exhibited, died or euthanised, during the previous year;
(b)
provide
to the State Board, such information as may be required by the State Board, as
the case may be from time to time.
(2) the State Board shall send
a consolidated report at the end of every 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, as the case may be, from time to
time.
Rule - 13. Effect of death of owner of pet shop registered under these rules.
In the case the owner of a
pet shop registered under these rules dies before the expiry of the period of
registration, the registration in respect of the pet shop shall be deemed to
have been granted to his legal heirs in respect of that pet shop and shall
remain valid till the end of a period of three months from the date of death of
the owner and thereafter a fresh application for registration of the pet shop
shall be made in accordance with these rules for continuing the pet shop.
Rule - 14. No license without registration.
No pet shop shall be
granted a license by the local authority, unless the pet shop has obtained a
certificate of registration from the State Board in accordance with these
rules.
Rule - 15. Import of birds and animals.
Pet shop owner shall ensure
that the suppliers who supply imported, exotic breeds of birds and animals are
importing these animals after obtaining all necessary approvals or license or
both from the Director General of Foreign Trade, Sanitary Import Permit and
Permission from Regional or State Animal Quarantine and Certification Services,
and the pet shop owner shall satisfy himself that the imports of live animals
have been done through legal and appropriate channels.
Rule - 16. Management of revenue received from pet shops.
The revenue received from
the pet shops as registration and renewal fee shall be managed by the State
Board for running their activities for enforcing these rules.
Rule - 17. Delegation of powers.
The State Board may, by an order
in writing, delegate any of its powers and functions under these rules (except
under rules 11 and 12) to the Society for Prevention of Cruelty to Animals
(SPCA).
THE
FIRST SCHEDULE
FORM-I
[See
rules 4(2) and 5]
APPLICATION
FORM FOR REGISTRATION/RENEWAL
To
The State Animal Welfare
Board
___________________
___________________ (name
of the district and State)
Subject: Application for
grant of license for Pet Shop
Sir,
I/We
______________________________________ r/o ____________________________________________________________________________
with office address
_______________________________________________________________________________________________,
do hereby apply for registration to operate/continue operating a pet shop, the
particulars of which are set out below.
(1) Name and address of the pet
shop:
(2) Name and address of pet
shop owner:
(3) Telephone number (landline
and mobile):
(4) Details of accommodation
and infrastructure available at proposed pet shop with photographs:
(5) Working hours and rest day,
i.e. day on which shop shall remain closed:
(6) Ventilation arrangement:
(7) Lighting arrangement:
(8) Smoke-detection and firefighting
arrangement:
(9) Heating or cooling
arrangement, and manner in which comfortable temperature will be maintained for
all pet animals:
(10) Power back-up arrangement:
(11) Arrangements for food
storage:
(12) Cleanliness, how proposed
to be maintained, and arrangements for removal of animal excreta and waste:
(13) Arrangement for disposal of
animals that die:
(14) Arrangement for medical and
veterinary support:
(15) Details of pet animals
proposed to be displayed or housed in the pet shop for sale:
(16) Details of cheque or demand
draft number for payment of fee:
(ADDITIONAL INFORMATION
PERTAINING TO THE FULL RECORDS OF THE PRECEDING YEAR TO BE PROVIDED IN
APPLICATIONS FOR RENEWAL OF REGISTRATION)
(17) Species and breeds of pet
animals available for sale, and price at which offered for sale:
(18) Age of each pet animal
available for sale:
(19) Records from the previous
year of number of animals sold, prices at which sold, copies of receipts
issued, animal deaths and all other records required by the Prevention of
Cruelty to Animals (Pet Shop) Rules, 2018 these rules to be maintained:
(20) Audited balance sheets and
profit and loss accounts:
I/We do hereby
declare that the information provided herein is accurate and true.
|
Place:
|
Signature of Applicant
|
|
Date:
|
|
|
________________________________
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Form
II
[See
Rules 3(1) and 4(5)]
Certificate
of Registration of Pet Shop
(1) Certificate of Registration
is granted to ………………………………. (name and address of applicant) to establish a pet
shop as provided in the Prevention of Cruelty to Animals (Pet Shop) Rules,
2018.
(2) The location of the pet
shop is at ………………………………….
(3) The owner of pet shop is
permitted to deal with the following pet animals ………………………….
(4) The owner of pet shop shall
abide by the provisions of the Prevention of Cruelty to Animals Act, 1960 and
the rules and notifications made and issued thereunder.
(5) The owner of the pet shop
shall submit annual report in compliance with clause (a) of sub-rule(1) of Rule
12 of the aforesaid rules for the year ending the 31st December
to reach the undersigned before the 31st January of the
succeeding year.
(6) The Certificate shall be
displayed prominently in the pet shop.
(7) The Certificate is
non-transferable.
(8) The Certificate shall be
valid up to five years from the date of issue of this Certificate and renewal
application should be submitted thirty days prior to the expiry date.
Signature and Seal of
Date:
State Animal Welfare Board
Form
III
[See
Rule 4(5)]
Register
of Certificates of Registration issued to Pet Shops
|
Sl. No.
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Name and address of applicant
|
Type of pet animals permitted to be
sold
|
|
1
|
2
|
3
|
|
Date of Registration
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Name of Local Authority
|
Remarks
|
|
4
|
5
|
6
|
Form
IV
[See
Rule 7(13)]
Receipt
for Pet Animals sold
(1) Name of the pet shop:
(2) Number and date of
Certificate of Registration:
(3) Type of pet animal sold:
(a)
Category.
(b)
Common
name:
(c)
Technical
name:
(d)
Breed:
(e)
Age:
(f)
Vaccination
details:
(4) Sale amount:
(5) Name and address of
purchaser:
(6) Contact number of
purchaser:
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Place:
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Signature of pet shop Owner
|
|
Date:
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Stamp/Seal
|
Note: The above Certificate
shall be in duplicate, the original to be given to the Purchaser and duplicate
to be retained in the Pet Shop.
Form
V
[See
Rule 8(1)]
Register
of breeders and suppliers of pet animals
|
Sl. No.
|
Name and address of Breeder/Supplier
|
Contact number and e-mail
|
Date of transaction
|
|
1
|
2
|
3
|
4
|
|
Description of pet animal
|
Age of animal
|
Vaccination details
|
Remarks
|
|
5
|
6
|
7
|
8
|
Form
VI
[See
Rule 8(2)]
Register
of sale of pet animals
|
Sl. No.
|
Name and address of purchaser
|
Contact number
|
Sale amount
|
|
1
|
2
|
3
|
4
|
|
Type of pet animal sold
|
Remarks
|
|
Category
|
Common name
|
Technical name
|
Breed
|
Age
|
Vaccination
|
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
|
|
|
|
|
|
|
Form
VII
[See
Rule 8(3)]
Register
of pet animals that die in pet shop
|
Sl. No.
|
Name and description of animal
|
Date and time of death of animal
|
Age
|
|
1
|
2
|
3
|
4
|
|
Cause of death
|
Medical treatment provided
|
How dead animal was disposed
|
Remarks
|
|
5
|
6
|
7
|
8
|
Form
VIII
[See
Rule 8(4)]
Register
of details of pet animals which are incurably sick/terminally ill mortally
wounded
|
Sl. No.
|
Date on which animal was incurably
sick/terminally ill/mortally wounded
|
Name and description of animal
|
Age
|
|
1
|
2
|
3
|
4
|
|
Time of death
|
Cause of death
|
Medical attention provided
|
How dead animal were disposed
|
Remarks
|
|
5
|
6
|
7
|
8
|
9
|
THE
SECOND SCHEDULE
[See
Rule 6(3)]
MINIMUM
SPACE REQUIREMENTS
(1) FOR BIRDS.
(a)
Birds
shall be housed in large and spacious aviaries.
(b)
The
aviaries shall be large enough to allow each bird full body extension, and wide
enough to accommodate the fully stretched wings of all, and allow easy hopping,
jumping, climbing and flight within the aviary.
(c)
Well-placed
perches shall be provided within each aviary where the birds can stand upright
without having head contact with any ceiling, and tail contact with the floor
or grate, and for species such as finches and canaries that prefer flying or
jumping to climbing, perches shall be positioned in a manner that allows the
same.
(d)
Perches
shall be strategically placed so as to prevent droppings from contaminating
food and water vessels.
(e)
Birds
that live in social groupings and are housed as such must have wooden nesting
boxes constructed within the aviaries.
(2) FOR CATS.
(a)
The
floor of the open enclosure or pen shall have a solid surface and should be
large enough to enable all the occupants to exercise free movement and play.
(b)
Elevated
resting surfaces must be provided for cats.
(c)
Matting
must be provided.
(d)
Soft
and clean play toys must be provided within the enclosure.
(e)
The
space taken by the litter box shall not be included in the calculation of the
total area.
(f)
Cats
or kittens shall be kept in a room which is not shared by other, inimical
animal species such as dogs.
(3) FOR DOGS.
|
Number of Animals
|
|
|
|
Area
|
Small
|
Medium
|
Large
|
|
(square feet)
|
|
|
|
|
(1-10 pound)
|
(11-20 pound)
|
(21-30 pound)
|
|
24
|
3
|
2
|
1
|
|
48
|
6
|
3
|
2
|
|
72
|
10
|
4
|
3
|
(a)
The
floor of the open enclosure or pen shall have a solid surface and shall be
large enough to enable all occupants to exercise free movement and play.
(b)
The
height of the enclosure or pen shall be such that the dog or pup cannot escape.
(c)
Minimum
height and space requirements for dogs weighing over thirty pounds shall be
determined on an individual basis and shall be larger than the height and space
specified above.
(4) FOR RABBITS.
|
|
Number of Animals
|
|
|
Area
|
Small
|
Medium
|
Large
|
|
(square feet)
|
(less than 2 pound) expand)
|
(2-4 pound)
|
(5-12 pound)
|
|
5
|
4
|
2
|
0
|
|
10
|
8
|
4
|
1
|
|
15
|
12
|
6
|
2
|
(a)
The
minimum height of the primary enclosure shall be 48 inches.
(b)
The
floor of the rabbit's primary enclosure shall never be wire mesh, steel or
shavings and it shall be solid surface such as tile, board, good quality
linoleum, untreated straw mats or acrylic non slip surface with arrangement for
digging, chewing and playing.
(c)
Rabbits
shall be kept in a room which is not shared by other, inimical animal species
such as cats and dogs.
(5) FOR GUINEA PIGS.
|
Number of Animals
|
|
Area
|
Young
|
Adult
|
|
(square feet)
|
(less than 350 grams)
|
(above 350 grams)
|
|
5
|
5
|
2
|
|
10
|
10
|
4
|
|
15
|
15
|
6
|
(a)
The
minimum height of the primary enclosure shall be 36 inches.
(b)
The
floor of the guinea pigs' primary enclosure shall never be wire mesh, steel or
shavings and it shall be solid surface such as tile, board, good quality
linoleum, untreated straw mats or acrylic non slip surface.
(c)
Guinea
pigs shall not be kept adjacent to other inimical animal species such as cats
and dogs.
(6) FOR HAMSTERS.
(a)
The
area to be provided for each hamster must not be less than 1.5 square feet.
(b)
The
minimum height of the primary enclosure shall be 36 inches for dwarf species.
For all other hamsters species, the minimum height of the primary enclosure
shall be 48 inches.
(c)
Hamsters
and gerbils shall only be housed in primary enclosures with solid floor such as
tile, board, good quality linoleum, untreated straw mats or acrylic non slip
surface and the floor of the hamster's primary enclosure shall never be wire
mesh, steel or shavings.
(d)
They
shall not be kept adjacent to other inimical animal species such as cats and
dogs.
(7) FOR RATS.
(a)
The
area to be provided for each rat shall not be less than 1.0 square foot.
(b)
The
minimum height of the primary enclosure shall be 8 inches.
(c)
Rats
shall only be housed in primary enclosures with mesh and have a mesh floor or
wood shavings.
(d)
Minimum
height and space requirements for rats over 500 grams in weight will be
determined on an individual basis and shall be larger than the height and space
specified above.
(e)
Rats
shall not be kept adjacent to other inimical animal species such as cats and
dogs.
(8) FOR MICE.
(a)
The
area provided for each mouse shall not be less than 1 square foot.
(b)
The
minimum height of the primary enclosure shall be 6 inches.
(c)
Mice
shall only be housed in primary enclosures with solid floor such as tile,
board, good quality linoleum, untreated straw mats or acrylic non slip surface
and the floor of their enclosure shall never be wire mesh, steel or shavings.
(d)
Mice
shall not be kept adjacent to other inimical animal species such as cats and
dogs.