Prevention of Cruelty to Animals Rules
Prevention of Cruelty to Animals Rules
SUB-SECTION (i)]
Government of India
Ministry of Environment, Forest and Climate Change
NOTIFICATION
Any person interested in making any objection or suggestion on the said draft rules may
forward the same in writing for consideration of the Central Government within the period so
specified to the Deputy Secretary (Animal Welfare) to the Government of India in the Ministry
of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, New Delhi.
DRAFT RULES
1. Short title, extent and commencement.— (1) These rules may be called the Prevention of
Cruelty to Animals (Pet Shop) Rules, 2016.
(2) They shall come into force on the date of their final publication in the Official Gazette.
(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) “State Board” means the State Animal Welfare Board constituted in a State by the
State Government;
(d) “local authority” means a municipal committee, district board or other authority for
the time being invested by law with the control and administration of any matter within a
specified local area;
(e) “Society for Prevention of Cruelty to Animals” means a Society for Prevention of
Cruelty to Animals recognised under the Prevention of Cruelty to Animals
(Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules,
2001 made under the Act.
(f) “breeder” means an individual or group of persons who own dogs of specific breeds
for breeding and sale of dogs and pups, and includes a boarding kennel operator,
intermediate handler and trader;
(g) “certificate of registration” means a certificate of registration issued under these rules;
(h “inspector” means a person appointed by the local authority or the State Animal
Welfare Board and includes a representative of the State 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 appointed or authorised as an
inspector under these rules;
(i) “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;
(k) “pet animal” includes dog, cat, rabbit, guinea pig, hamster, rodents of the rat or mice
category, and captive birds, the ownership of, and trade in, which is not prohibited by any
other law, rules or regulations;
(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, and includes online platforms over which the sale and purchase of pet
animals is carried out where-ever the context permits;
(m) “pet shop owner” means any person who owns or has control over any pet shop;
(o)”State Board” means the State Animal Welfare Board constituted in a State by the
State Government;
(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.
(2) All other terms and expressions used in these rules, shall have the meanings assigned
to them in the Act.
(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;
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.
(2) Every pet shop shall prominently display the certificate of registration in the pet shop.
(3) Every pet shop shall keep the pet shop open for inspection by the State Board or the
Society for Prevention of Cruelty to Animals or Local Authority.
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 the
Form appended to the First Schedule 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) The State Board shall, on receipt of an application for registration of pet shop under
sub-rule (2), cause the pet shop to be inspected by a team comprising of an authorised
representative of the State Board, a veterinary practitioner and an authorised
representative of the Society for Prevention of Cruelty to Animals.
(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 may, after considering the report of the team submitted under sub-
rule (5) and on being satisfied that the pet shop complies with the requirements specified
under these rules, register the pet shop and after making such inquiry as the State Board
considers necessary; and
(a) cause the details of the pet shop entered into a register to be maintained for the
purpose; and
(b) issue a certificate of registration to the applicant in respect of that pet shop.
(7) The State Board shall not permit 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 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 applicant has refused to allow the inspector or the representative of the
State Board, 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.
(8) Where the State Board does not permit the registration of pet shop, the State Board
shall inform the applicant in writing the reasons thereof.
(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.
(11) Notwithstanding anything in these rules, the following persons shall not require a
license under these rules, namely:—
(c) 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.
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
not be of wire mesh, and shall be constructed such that no injury to the animals’ feet, or
legs, or any other injury is caused to them.
(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, 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 in the vicinity of 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 isolation 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.
(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;
(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; 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.
(5) No pet shop shall sell any animal intended to be used for food, skin or accessories.
(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) deploy sufficient number of employees at the pet shop to take care of, and
attend to pet animals properly, and ensure that a minimum of two employees per fifty
animals are available at all times to take care of the animals intended for sale.
(7) 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.
(8) 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 State Board and
the State Government Department responsible for Animal Husbandry.
(9) 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 dogs and cats and ensure that—
(a) quarantined sick or diseased pet animals are not kept together with newly
acquired dogs and cats;
(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; and
(c) the equipment and vessels used at the quarantine or isolation facility are kept
separate and distinct.
(10) 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 prescribed by the State Board, and maintain a record of such cases and report
such instances to the local authority and the State Board.
(11) 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.
(12) Every pet shop owner shall prominently display at the pet shop, the license granted
to him for operating the facility.
(13) 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, with the name of the breeder and
his address on the enclosures of all pet animals.
(14) Receipts shall be issued for every pet animal sold and a copy of each receipt shall be
retained at the pet shop.
(15) No pet shop shall sell pups or dogs with mutilated ears or tails, or declawed cats, or
de-beaked birds, or pet animals subjected to any other alteration or mutilation, or painted
or with dyes injected into them to enhance their visual appeal.
(17) 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.
(18) Every pet shop owner shall have in place a written exercise plan for pups over
sixteen weeks of age, signed and certified by a veterinary practitioner, and ensure that the
same is strictly adhered to.
(19) 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 a month having elapsed since it was first
displayed for sale at the pet shop:
Provided further that the pet shop owner shall not abandon or discard un-sold pet
animals on to the streets or otherwise.
(20) 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.
(21) 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.
(22) 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.
(23) No pet shop shall sell any pet animal to a person who has not attained the age of
majority.
(24) 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.
(25) 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.
(26) No pet shop shall sell any pet animal acquired from an unlicensed breeder.
8. Maintenance of records.— (1) Every pet shop owner shall maintain in a record book, 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 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 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 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 the local authority or any intending purchaser.
9. Non-compliance with these rules.—(1) The State Board may, upon receipt of a written
complaint or otherwise, inquire into any non-compliance of these rules by the pet shop owners.
(2) If during the course of such inquiry or any inspection, a pet animal is suspected to be
sick or experiencing any kind of distress, an inspector or any person authorised by the
State Board, may require the pet shop owner to forthwith provide medical or other care
to the pet animal and confiscate the pet animal, and remove it for treatment and care to a
shelter house run by an Animal Welfare Organisation, after recording in writing the
reason 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
local authority or the State Board or the Animal Welfare Organisation.
(5) If a pet shop owner is found to be operating a facility without a valid certificate of
registration, the State Board may seal the shop, and confiscate the pet animals displayed
or housed for sale and the pet animals so confiscated shall be handed over to—
(6) If any other violation of the requirements of these rules is discovered during an
inspection of a pet shop by the inspector, the State Board shall issue a notice to the pet
shop owner, with a copy to the Board to show cause within fifteen days of receipt of the
notice, why his registration be not cancelled.
(7) 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.
(8) The pet shop, the registration of which has been revoked, shall not be sealed by the
State Board—
(a) until the period for making appeal against such revocation has expired; and
(b) in case where an appeal has been preferred and is pending, until the disposal
of the appeal.
(9) 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 sub-rule (5).
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 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, 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.
11. Appeal.— (1) Any pet shop owner aggrieved by the decision of the State Board may, within
thirty days of receipt of the decision, prefer an appeal before the local governing bodies viz;
District Magistrates or District Collector, as the case may be.
(2) Local Governing Bodies i.e. District Magistrate or District Collector, as the case may
be, shall after giving notice to the pet shop 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.
12. Reports by pet shop.—Every pet shop registered under these rules shall submit,—
(a) 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, as the case may be, from time to time; and
(c) 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, as the case may be, from time to time.
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 until 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.
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.
THE FIRST SCHEDULE
[See rules 2(n), 4(2) and 5]
To
Sir,
I/We do hereby declare that the information provided by herein is accurate and true.
_______________________________
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
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
5 4 2 0
10 8 4 1
15 1 6 2
2
Number of Animals
Area(sq. ft.) young adult
(less than 350 gms) (above 350 gms)
5 5 2
10 1 4
15 10 6
5
6. FOR HAMSTERS.—
Area to be provided for each hamster must not be less than 1.5 square foot
(a) 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.
(b) 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 guinea pigs’ primary enclosure shall never be wire mesh, steel or
shavings.
(c ) 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 1.5 square feet.
(b) The minimum height of the primary enclosure shall be 36 inches.
(c ) Rats 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) 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 24 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.
[F.No.1/1/2010-AWD (Pt)]