Subject: Licensing policy for Pet Shops.
Under sections 417 and 418 of DMC Act 1957, use of premises for certain purposes can be regulated and punitive measures can be taken for violation of these provisions. The operative/relevant part of the above sections is reproduced herein below:
(i) 417. Premises not to be used for certain purposes without licence - (1) No person shall use or permit to be used any premises for any of the followings purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely:-
(a) Any purpose which is, in the opinion of the Commissioner dangerous to life, health or property of likely to create a nuisance;
(b) Keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or
(ii) 418. Seizure of certain animals - (1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provisions of section 417, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Corporation for this purpose and the cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds.
Provided that anyone claiming such animal or bird may, within Seven days of the seizure get them released on his paying all expenses incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animal or bird, and on his producing a licence for keeping these animals and birds issued under the provisions of section 417.
(2) Whenever the Commissioner is of opinion that the user of any premises for any of the purposes referred to in sub-section (1) of section 417 is causing a nuisance and such nuisance should be immediately stopped, the Commissioner may order the owner or the occupier of the premises to stop such nuisance within such time as may be specified in the order and in the event of the failure of the owner or occupier to comply with such order, the Commissioner may himself or by an officer subordinate to him cause such user to be stopped.
(3) Without prejudice to the foregoing provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this act.
In accordance with these provisions, a Policy for licensing of Pet Shops is formulated herein below:-
It has been observed the relevant authorities and Non Governmental agencies entrusted with the care of animals that shops selling pet animal food and accessories are in fact selling animals and birds on their premises. The policy and regulations of the Delhi Pet Shop Rules is to ensure a uniform understanding of the practices and procedures deemed necessary for the sale and purchase of all animals sold as pets in the open market.
Objectives of the policy
1. To regulate privately operating individual/groups, who are carrying out business in the sale/purchase of pet animals within the jurisdiction of the Municipal Corporation of Delhi.
2. To ensure that animals are given adequate food and drinking water required for that particular species or breed of animals/birds.
3. That animals are not sold at a tender age.
4. That all reasonable precautions are taken to prevent unnatural deaths and spread of infectious diseases.
5. To extend powers of inspection of such establishments.
6. To regulate sale of animals allowed to be kept as pets.
7. Setting-up technical guidelines for them to do this activity and operational standards for a pet shop or pet grooming facility, including minimum standard for physical facilities, sanitation, ventilation, heating, cooling, humidity, special and enclosure requirements; nutrition, medical treatment; methods of operations; maintenance of records concerning health care.
8. Action against erring pet shop owners not following the terms & conditions of the pet shop policy.
Definitions
“Animal” means and includes Dogs (male and female), Cat (male and female) or Birds, Guinea Pig, Hamsters, Rabbits, Rats & Mice, Fish Aquarium (except wild animals/birds) and banned under other Acts.
“Local Authority” means Municipal Corporation of Delhi.
“Pet Shop” means every shop, place or premises where animals for use as pets are sold or kept for sale or where any retail or wholesale business is carried out through selling or trading of pet animals. A pet grooming shop will also fall under the definition of a pet shop.
“Veterinary Officer” means a qualified Veterinary Doctor having degree in Veterinary Science and Animal Husbandry appointed by Municipal Corporation of Delhi by whatever designation.
Terms & conditions for grant of licence to pet shops
1. Each applicant for approval for pet shop licence or renewal shall submit an application to the Zonal Veterinary Officer providing all required information in the form and manner required.
2. The applicant must be at least eighteen (18) years of age.
3. Each applicant shall have their facilities inspected by the Municipal Corporation, for the determination of whether said applicant is in full compliance with these rules and regulations, prior to any decision of approval being made.
4. The Zonal Veterinary Officer upon receipt of application would conduct inspection of the premises/shop within 15 days. If upon inspection, he is not satisfied, the application for grant of lisence shall be rejected assigning reasons thereof. However, the pet shop owner shall have the right to appeal within 20 days of receipt of letter of rejection to the Dy. Commissioner of the concerned zone, who after examination either may reject his appeal or may allow the same to direct the Zonal Veterinary Officer to re-examine his application for license.
5. The licence to the pet shops shall be granted by Veterinary Officer of the Municipal Zone under which the pet shop falls after inspection of the premises.
6. A license will not be approved if
(a) The terms & conditions given in the policy are not fulfilled by the applicant.
(b) The applicant has submitted falsified information or making a material and deliberate misstatement on the application and making false or fraudulent statement or providing false or fraudulent records to the licensing authority.
(c) The applicant has refused to allow the inspector designated by the Licensing authority free and unimpeded access to the premises.
7. The licence will be for one-year duration only, subject to renewal after inspection. All licences will expire on March 31st of each year and will automatically terminate, if not renewed. The licence must be renewed within a month of expiry i.e. up to 30th April.
8. If any violation of terms & conditions of the licensing policy of pet shop is found during the inspection of pet shop by the Veterinary Officer/person authorized by MCD at any time during the term of license, the same shall be revoked by the Zonal Veterinary Officer assigning reasons thereof. However, the pet shop owner would have the right to appeal against such revocation to the Dy. Commissioner of the concerned zone within 20 days of revocation, who will be the final authority to decide whether to accept /reject the appeal.
9. A licence shall not be transferable upon change of ownership or any other significant change of business or operation, nor is it valid at a different location. However, the license shall be transferable in the name of legal heir of the license holder after submission of relevant documents.
10. Any pet shop that is selling animals (cats, dogs, guinea pigs, birds, etc.) may also keep aquarium for sale of fish provided all proper arrangements are made by the pet shop owners.
11. No pet shop shall sell any animal intended to be used for food.
12. All animal husbandry procedures for animal care, management and safe handling for each species in the pet shop shall be maintained and followed.
13. Routine and preventive care alongwith veterinary care will be maintained.
14. Suitable fire fighting equipment must be provided, maintained, regularly serviced.
15. Animals must at all times be kept in accommodation and environment suitable to their species with respect to situation, size, temperature, lighting, ventilation and cleanliness and not exposed to draughts. All accommodation must be kept in good order.
16. Accommodation must be cleaned as often as necessary to maintain good hygiene standards. Where accommodation is on a tiered system, water, food or other droppings must not be allowed to enter the lower housing.
17. All accessories provided in the accommodation must be suitable for the species.
18. No animals/birds shall be displayed out side the shop.
19. The animals and birds kept in the premises must be provided fresh, wholesome, properly stored, odour free food appropriate to the species at regular intervals. Potable fresh water for drinking purpose shall be provided at all time.
20. There should be a provision of proper electricity in the pet shop. All electrical installations and appliances must be maintained in a safe condition.
21. Proper waste disposal arrangements should be provided in the pet shop to maintain cleanliness in the pet shop.
22. All the food must be kept safely in water proof closed containers to prevent contamination by rodents and other pests.
23. Grooming services can be apart of any pet shop but it should be separated form the primary animal enclosures and animal food storage areas.
24. Pet shop owners must ensure that before sale the pup/kitten is weaned and is properly vaccinated.
25. All animals kept in the same enclosure must be compatible to each other.
26. The License shall be granted for the purpose of sale and purchase of live animals/birds not prohibited under Wildlife Act 1972 and other acts.
Licence fee: The section 417 (1) of DMC Act, states that no person shall use certain premises without a license. Further section 417 (3) of DMC Act also states that Corporation shall fix a scale of fee to be paid in respect of premises licensed under above sub section. Accordingly, the fees for the license to be issued to the pet shop owners shall be Rs. 2,000/- annually.
Penalty against the defaulters:
If any pet shop owner is found running his business without licence or in contravention of terms & conditions laid down in the policy or found involved ion malpractice of trade, action will be taken as per Section 418 of DMC Act including cancellation of license, sealing of the premises/pet shop and confiscation of animals/birds.
The application and inspection forms for grant of license for pet shop is annexed herewith Annexure ‘A’ & ‘B’ respectively.
In view of above, the proposal for “Licensing Policy for Pet Shop” alongwith the application form for grant of licence may be placed before the Corporation routed through Standing Committee for approval.
Annexure ‘A’
Municipal Corporation of Delhi
Department of Veterinary Services
……………….. Zone
APPLICATION FORM FOR GRANT OF LICENCE FOR PET SHOP
To
The Zonal Veterinary Officer
……………………Zone
MCD
Sir,
I/We ………………………………………R/o…………………………………..
hereby apply for a licence to keep a Pet Shop at .………………….in accordance with the particulars in the attached format.
Signed by the applicant (s)
Dated …………………………
APPLICATION FORM FOR GRANT OF LICENSE OF PET SHOP
2 / Full name and address of the pet shop to which license is to be issued
3 / Contact telephone number
4 / Species of animals/birds found at the time of inspection
5 / Hygienic condition of the premises
6 / Accommodation / Ventilation / Lighting arrangements is suitable for the species
7 / Arrangements for food storage