THE KERALA PANCHAYAT RAJ (SLAUGHTER HOUSES AND MEAT STALLS) RULES, 1996

[1][THE KERALA PANCHAYAT RAJ (SLAUGHTER HOUSES AND MEAT STALLS) RULES, 1996

PREAMBLE

In exercise of the powers conferred by Sections, 229, 230, 231 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) read with section 254 thereof the Government of Kerala hereby make the following rules, namely:

Rule - 1. Short title and commencement.

(1)     These rules may be called the Kerala Panchayat Raj (Slaughter Houses and Meat Stalls) Rules, 1996,

(2)     They shall come into force at once.

Rule - 2. Definitions.

In these rules unless the context otherwise requires,-

(a)      'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(b)      'Secretary' means secretary of a Village Panchayat;

(c)      'Examining Authority' means the Public Health Officer or the Sanitary Inspector of a Village Panchayat or in the absence of such officer, the Public Health Officer or the Sanitary Inspector of the neighboring Municipality or Municipal Corporation or any other officer of the Health Services or Animal Husbandry Department authorized by the Government in this behalf [2][and includes the Veterinary Surgeon of the Animal Husbandry Department of the respective Village Panchayat area]:

(d)      'Form' means form appended to these rules;

(e)      Words and expressions used and not defined in these rules, but defined in the Act shall have the meaning respectively assigned to them in the Act.

Rule - 3. Public to be informed of the prohibition of slaughtering of animals except in a public or licensed slaughter house.

It shall be made known to the public by the Secretary by putting up notices and through loud speakers that no person shall slaughter within a Village Panchayat area except in a public or licensed slaughter house any cattle, horse, goat, sheep or pig for sale as food or to skin or cut up any carcass without or otherwise than in conformity with a license from the Village Panchayat or dry or permit to be dried any skin in such a manner as to cause nuisance [3][after such notice no person shall act contrary to that].

Rule - 4. Separate slaughter house for slaughter of pigs.

There shall be separate slaughter houses or places for slaughtering pigs. Such slaughter houses or places shall be at least 90 metres away from the ordinary slaughter houses or places and there shall be no communication between them.

Rule - 5. The slaughter houses to be away from dwelling places and public road.

A slaughter house shall not be within 90 metres of any dwelling house or 1[within 150 meters from Hospital with inpatients treatment or Public Educational Institutions or places of worship] and 30 metres from the public road. No door of any slaughter house shall open directly into any street or lane or other public place and no such door shall be situated that the slaughtering of animals can be seen from any public place, public street or from any adjacent dwelling house or occupied place outside the slaughter house. A sign board marked 'public slaughter house' or 'licensed slaughter house' shall be exhibited in front of the building used for slaughtering.

Rule - 6. Licensing of butchers.

No person shall be permitted for slaughtering animals in the slaughter houses except with a license in Form I issued by the Secretary. The fee for grant of license shall be Rs. 50. [4][The applicant shall, furnish along with the application, a certificate obtained from an Allopathy Doctor not below the rank of Assistant Surgeon, to prove that he is not a person infected with any contagious diseases or having any health problems warranting refusal of license for slaughtering animals.]

Rule - 7. Admission to slaughter house at the time of slaughtering to be restricted.

No I person other than a licensed butcher shall be allowed to enter a slaughter house at the time of slaughtering except with a permit obtained from the Secretary or any other officer authorized by him in this behalf.

Rule - 8. Stamping of animals.

No animal shall be admitted into a slaughter house for slaughter unless it is examined, certified and stamped by the [5](veterinary surgeon of a veterinary sub-centre or veterinary Dispensary or veterinary Hospital in a Village Panchayat area, specially authorized by the Village Panchayat in this behalf] that the animal is free from contagious diseases and other diseases. Such certificate shall contain the time and date of the examination of the animal and it shall be valid for 48 hours only. The person in charge of the slaughter house shall maintain register in Form II showing the particulars of animals thus examined and stamped.

Rule - 9. Issuance of Certificate.

Before Issuing certificate regarding the animals like bull, cow, he-buffalo and she-buffalo under rule 8, the examining authority shall make sure that such animal is

(i)       over ten years of [6][age or unfit for work or breeding]; or

(ii)      permanently incapacitated for work or breeding due to injury or deformity.

Rule - 10. Diseased, dead or dying animal to be destroyed.

If an animal having contagious diseases or other diseases or dead or dying brought to the slaughter house shall-be seized by the Examining authority or the president or the person authorized by the Panchayat and destroyed and disposed of in the manner as he deems fit. Provided that animals which have met with accident or unfit to do work permanently may brought to the slaughter house and slaughter them after obtaining certificate under rule 8.

Rule - 11No meat to be sold in slaughter house.

No person shall be permitted to sell meat in the slaughter house or in its premises, but the uneatable animal part, horn, skin etc. may be sold within the yard to the purchasers to whom permits have been issued by the Secretary or other officer authorized by him to enter the yard for the purpose. Such sales shall be from 6 to 11 in the morning and 3 to 6 in the afternoon. The owner shall remove them if not sold within the said time, failing which they shall be removed by any officer authorized in this behalf by the Secretary and disposed of in the manner as he may deem fit. Any expenditure incurred on this account shall be given by the owner and if not given by the owner it shall be realized as if it were an arrear of Panchayat Tax.

Rule - 12. Meat to be sent to the meat stalls.

After slaughtering the animals the meat shall be sent to the meat stalls as quick as possible [7][Meat shall be sent by covering it in such a way as to avoid dust or houseflies and also hidden from the sight of others.]

Rule - 13. Inspection of meat entrails and offals.

Meat entrails and offals shall be removed in covered or closed carts or baskets. The officer-in-charge of slaughter house shall inspect dally all such carts and baskets and see that they are clean and suitable. The bones shall be collected in places set apart for the purpose.

Rule - 14. The animals brought for slaughter should be clean.

The person who brings animals for slaughter shall keep the animals clean and shall see that they are kept in-charge of a keeper and secured by ropes to prevent them from injuring one another, and shall provide them with 12 hours rest [8][x x x] and water prior to their being led to slaughter. There shall be waiting sheds near the slaughter house for different kinds of animals where they could be tethered and [9][plenty of water shall be given] for 12 hours. [10][They shall not be fed during the above said 12 hours.]

Rule - 15. Number of animals to be admitted at a time not to exceed the maximum permitted.

The Secretary shall affix a notice fixing the maximum number of animals permitted to be in the slaughter chamber at a time. No person shall bring or admit any animal into the slaughter chamber so long as there is maximum number of animals permitted to be therein or so long as carcasses or blood or refuse from their intestine has not been removed.

Rule - 16. Slaughtering to be done only at places specially allotted.

Animals shall be slaughtered only in places specially allotted for them in the slaughter house.

Rule - [17. Meat of animals slaughtered to be inspected and stamped.

The Veterinary Surgeon of the Animal Husbndary Department of the village panchayat area specially authorized by that village panchayat in this behalf, shall inspect whether the meat of the slaughtered animal is fit for sale for human consumption, and if he finds it fit, stamp it thereof accordingly. No one shall sell or keep for sale meat without such a stamp.][11]

Rule - [18. Distraction of meat unfit for use.

The inspecting Authority may at any time inspect the meat of a slaughtered animal and if find the same as diseased or unfit for human consumption, it shall not be allowed to be removed by the owner and shall be seized and destroyed. The expenses incurred for the same shall be realized from the owner. The panchayat shall have the right to cancel the license of an owner who sells or stores such meat unfit for consumption:

Provided that before the seizure and destroyal of the meat, if the owner so demands the Veterinary Surgeon specially authorized under rule 17 shall inspect that meat and on the basis of that, the meat shall be released or seized and destroyed, as the case may be.][12]

Rule - 19. Separate receptacles to be provided for putting refuse and allowing blood to flow.

No person shall put refuse from the slaughter house in or allow the blood therefrom to flow into the receptacle other than those provided in this behalf and shall uncover the receptacles for a longer time than is absolutely necessary to put the refuse into it and to flow the blood.

Rule - 20. Inflation or blowing of carcasses prohibited.

The inflation or blowing of carcasses shall not be done in the slaughter houses.

Rule - 21. Rates of fees.

No persons shall be allowed to bring any cattle, sheep, goat buffalo or pig in the slaughter house without payment of an admission fee to be fixed by the Panchayat. Such amount fixed shall not be above ten rupees per bullock, cow, he-buffalo or she-buffalo and above five rupees for a sheep, goat or pig.

Rule - 22. Restriction regarding time of slaughter.

Slaughtering of animals and cutting of carcasses shall be done only between [13][3 a.m. to 8 a.m.] and 3 p.m. to 6 p.m.

Rule - 23. Slaughtering knife to be sharp and clean.

No person shall use a slaughtering knife unless it has been thoroughly cleaned and sharpened before slaughtering.

Rule - 24. Supply of water in the slaughter house to be abundant.

Provision shall be made for an abundant supply of water to keep the slaughter house clean.

Rule - 25. Spittoons to be provided in the slaughter house.

Necessary spittoons shall be provided in suitable places in the slaughter house and no person shall spit in the slaughter house except in spittoons so provided.

Rule - 26. Child less than ten years of age not to be admitted in the slaughter house.

No person shall take or admit any child below ten years of age into the slaughter house.

Rule - 27. No dogs, crows etc. to be allowed in slaughter house.

No person shall be allowed to bring dogs in the slaughter house. Crows and other birds shall not be allowed to get into the slaughter house.

Rule - 28. Eviction of undesirables from the slaughter house.

The Secretary or other officer authorized by him in this behalf may evict or caused to be evicted from the slaughter house premises, any person who Is found drunk, begging, loitering or misconducting himself or who is a lunatic or who in and way infringes any of these rules or obstructs any officer in the performance of his official duties or disobeys his lawful orders and prevent such persons from re-entering the slaughter house premises.

Rule - 29. Responsibility of persons causing damage to slaughter house.

Every person using the slaughter house shall be responsible for any damage caused in the slaughter house or article therein and the loss caused by the damage shall be recoverable from him as an arrears of Panchayat tax.

Rule - 30. Procedure for opening and closing of slaughter house.

A Village Panchayat, before passing a resolution for opening a new public slaughter house or for closing an existing public slaughter house shall publish a notice in a daily newspaper in the chief ,language of the locality having wide circulation in the area and in the notice board of the Panchayat office and in the places specified by the Panchayat, and shall given publicity through pamphlet and loudspeakers and giving a period not being less than 30 days for filing objections and after considering the objections in detail received within the period and the Panchayat shall take decision on it.

Rule - 31. Leasing out collection of rent and fee.

(1)     The Panchayat may lease out the collection of rent and fee in public slaughter houses for a period not exceeding three years to the highest bidder subject to such conditions as may be laid down from time to time by the Panchayat.

(2)     If for any reason whatsoever, Panchayat decides not to lease out the rent and fees, direct arrangements shall be made by the Panchayat for collecting the rent and fees.

Rule - 32. Application for private slaughter houses.

(1)     Application for license to open a new slaughter house to continue to use an existing slaughter house shall be made in Form in to the 3[Panchayat] with an application of fifty rupees which may be remitted in the Panchayat Office.

(2)     In the case of an existing slaughter house, the period for which it was in existence shall be specified. The applicant for a: license to open a new slaughter house shall deposit in the Panchayat office such amount as may be required [14][ x xx ] to cover the expenses of publication of the notification in the local news paper. No application for opening a new slaughter house which is not accompanied by such deposit shall not be considered.

(3)     On receipt of such deposit, the Panchayat shall publish a notification in one daily newspaper having wide circulation in the area and also in the notice board of the Panchayat, indicating the intention to give a license for opening of a private slaughter house and giving a period of not more than 30 days for receipt of objections if any to such issue of license. The objections if any received within the time specified shall also be taken into consideration before deciding upon the issue of license.

(4)     The application presented to the [15][Panchayats] shall also contain the following particulars, namely:-

(i)       plan and sketch of the building to be constructed.

(ii)      particulars of water supply available.

[16][(5) Secretary shall submit to the Panchayat for decision the application received as per sub-rule (1), objection received as per sub-rule (3), plan, sketch and particulars of the building received as per sub-rule (4) and the report of equity made thereon.]

Rule - 33. License to be issued on payment of fees.

When an order to grant a license is [17][taken by the Panchayat] under sub-section (2) of Section 230 of the Act, the applicant shall pay the amount of license fee to the Secretary and on receipt of such fees, a license in Form No. IV shall be issued by the Secretary.

Rule - 34. Period of License.

Every license granted under these rules shall expire at the end of the financial year in which the license has been granted unless the period of license is specified in the license as expiring on a date earlier than the end of the financial year in which case the period of the license shall expire accordingly.

Rule - 35. Rate of license fee.

License fee for an existing slaughter house shall be fixed at twenty percent of the gross income of the slaughter house for the year immediately preceding subject to a minimum of five hundred rupees. In the case of new slaughter house the minimum license fee shall be three hundred rupees.

Rule - 36. Maintenance of account by the licensee.

For every amount received by licensee in the slaughter house, receipts shall be given and proper accounts and registers shall be maintained. Such receipt books and registers shall be open for inspection by the Secretary or other officer authorized by him. A statement showing receipts and charges relating to the slaughter house for the previous year (or for the period of full twelve months preceding the date of application of license) shall accompany every application for renewal of license.

Rule - 37. Licensee to obey all lawful orders.

(1)     The licensee of the slaughter house shall obey all orders issued to him in writing by the Panchayat or the Secretary of the Panchayat or other officer authorized by him.

(2)     The licensee of a slaughter house shall hold himself responsible for any act of omission or commission or violation of the conditions of license on the part of his agents, lessees or servants.

Rule - [38. Location of meat Stalls.

A stall to vend meat of bird or animal in a Panchayat area shall be located in a place approved by the Village Panchayat for that purpose. Meat Stall shall be one covered with glass, inaccessible to insects like houseflies and also having abundant air circulation and meat shall be kept in a manner not visible to the lay public and the Licensee of the stall shall exhibit a board in front of the stall, visible to others, specifying his name, number of the stall and price chart.][18]

Rule - 39. Power to inspect meat stalls.

The Examining Authority or President or Secretary or any officer authorized by the Village Panchayat or Government shall have power to inspect the meat kept for sale and to seize and destroy the meat which is seen as disease caused or unfit for consumption. The amount required for such destruction shall be levied as mentioned in Rule 11.

Rule - 40. Conditions to be observed by meat stall holders.

(1)     The meat offered for sale shall be of animals slaughtered in a public slaughter house or in a slaughter house licensed under Section 230 of the Act, and shall be clean and-devoid of materials unfit for consumption.

(2)     The stamped portion of animals slaughtered under Rule 7 shall be preserved until all the meat is sold out. Otherwise the meat found in the stall shall be treated as that of unstamped animals or unwholesome meat and shall be liable for seizure and destruction by the Examining Authority or Secretary or such other officer as may be authorized by him in this behalf. The amount for such destruction shall be levied under Rule 11.

(3)     Offal, skin, horn, entrails, etc. for which provision is made for sale in the slaughter house shall not be brought to the stall or kept in for sale.

(4)     The unwholesome meat, skin, entrails etc. found in the stall shall be seized and destroyed by the Secretary or such other officer authorized by him in this behalf. The amount for such destruction shall be levied under Rule 11.

(5)     The meat shall not be soaked in water nor water should be brought or kept in the stall.

(6)     The meat shall be suspended by means of hooks in such a way that they do not come into contact with the roofs, walls or pillars of the stalls.

(7)     No box of any kind except a cash box shall be found in the stall. A table covered with zinc plate may be used if granite or concrete slabs are not provided.

(8)     The balance of meat taken for weighing shall be suspended and not placed on the table.

(9)     The balance weights and hooks and other articles used in the meat stall shall always be kept clean. All unclean articles found shall be removed by the Secretary or such other officer as may be authorized by him in this behalf.

(10)   Bones and refuses shall not be thrown out but shall be put in a receptacle kept for the purpose.

(11)   When not in use, the blocks and table should be kept covered so that they may not be dirtied by animals and birds.

(12)   Meat in the stall shall not be exhibited or shown causing disturbance to the public.

Rule - [40AProhibition on throwing away of debris and wastes.

No Owner or Licensee of a slaughter house or meat stall or a butcher shall deposit or bury or cause it to flow the waste, meat, etc., of animals or birds in a place and in such manner other than that approved by the Village Panchayat and shall not permit or cause himself thereof.

Rule - 40B. Cancellation of license.

The Village Panchayat may after giving prior notice cancel the license of any person who violates any of the provisions of these rules.][19]

Rule - 41. Penalty for breach of rules.

Any person violating [20][Rules 3, 12, 14, 15, 16, 17, 18, 19, 20, 22, 23, 26, 38, 40 and 40(a)] or abetting such violation shall on conviction before a Magistrate be liable to a fine which may extend to rupees one thousand.