Municipal Corporation Jaipur Heritage (Licence for keeping Animal in Residential Premises) Bye-laws, 20231
[26th July, 2023]
In exercise of the powers conferred by Section 247, 248, 250, 269 and clause (i), (k) and (l) of sub-section (1) of Section 340 read with sub-section (4) of Section 337 of the Rajasthan Municipalities Act, 2009 (Act 18 of 2009), the State Government hereby makes the following bye-laws, namely:—
## Section 1. Short title, extent and commencement.—(1) These bye-laws may be called the Municipal Corporation Jaipur Heritage (Licence for keeping Animal in Residential Premises) Bye-laws, 2023.
(2) They shall extent to whole of the territory of the Municipal Corporation, Jaipur Heritage.
(3) They shall come into force with immediate effect.
## Section 2. Definitions.—In these bye-laws, unless the context otherwise requires,—
(a) “Act” means the Rajasthan Municipalities Act, 2009 (Act 18 of 2009);
(b) “Animal” means cow, ox, buffalo, camel, horse, donkey;
(c) “Chairperson” means the Mayor of the Municipal Corporation, Jaipur Heritage;
(d) “Commissioner” means the Commissioner of the Municipal Corporation, Jaipur Heritage;
(e) “Form” means form appended to these bye-laws;
(f) “Licensee” means the holder of the license granted under these bye-laws;
(g) “License” means the license granted for keeping animal under the provisions of these bye-laws;
(h) “Licensing authority” means the Commissioner and includes in relation to any area the Deputy Commissioner or Veterinary Officer of the Municipal Corporation, Jaipur Heritage specially authorised by the Commissioner;
(i) “Municipal Corporation” means the Municipal Corporation, Jaipur Heritage; and
(j) “Owner” means owner of a premises and includes the occupier of a premises.
(2) Words and expression used in these bye-laws but not defined, shall have the same meaning as assigned to them in the Rajasthan Municipalities Act, 2009.
## Section 3. License for keeping animal.—(1) No person shall use or permit to use any portion of his residential house or premises for keeping animal within the limits of Municipal Corporation without having a license granted by the Corporation:
Provided that any premises is being used for keeping animal on or before the commencement of these bye-laws, license shall be obtained for keeping animal within a period of one month from the date of commencement of these bye-laws.
Provided further that no license shall be required for keeping animal by any Goushala registered by the Gopalan Department, maintained by the Municipal Corporation or any Veterinary University or institute affiliated to such Veterinary University.
(2) If any person keeps or permit to keep Animal in any portion of his residential house or premises without having a valid license, such animal shall be treated as stray animal and action shall be taken as per the provisions of prevailing laws.
## Section 4. Application for license.—(1) Any person desirous to keep any animal in a portion of his residential house or premises which is to be used as animal premises/place may apply for the same to the Licensing Authority in Form-A. The applicant shall have to enclose the copy of title deed and site plan of the said premises in duplicate.
(2) As soon as an application in Form-A is received, the Licensing Authority shall inspect the site and if he is satisfied that the proposed premises is suitable for keeping animal and if animal is kept in such premise then no nuisance or inconvenience may be caused to the public, the Licensing Authority may accept the application and intimate the applicant for deposition of licence fee. On receipt of such intimation applicant shall deposit the licence fee as specified in clause 6. After deposition of fee a licence shall be granted in Form-B.
(3) In case the Licensing Authority is of the view that proposed premises are not fit for use of keeping animal, he may reject the application after recording reasons and intimate the applicant with the reasons of rejection of application or he may intimate for defects to be removed within a stipulated time period. In case defects are not removed within the time period specified in the intimation, the application shall be deemed to have been rejected.
## Section 5. Term of a License.—The license granted under these bye-laws shall be valid for a period of one year commencing from April 01 of each year and shall be operative till March 31 of subsequent year and shall be renewable for similar period, from time to time. For renewal an application in Form-A along with the proof of payment of renewal fee shall be submitted before the end of March 31. If the Licensee fails to submit an application within time, an additional fee at the rate of fifty rupees per day shall be payable but it shall not exceed to five thousand rupees.
## Section 6. License Fees.—Annual license fee and renewal fee for a premises shall be rupees one thousand.
## Section 7. Transfer of license.—The License granted under these bye-laws shall not be transferable however it may be transferred to the legal heirs of the Licensee.
## Section 8. Suspension or cancellation of license.—License granted under these bylaws may be suspended or cancelled on the ground of public safety or health hazardous or violation of any condition of the license. Before passing an order of suspension or cancellation of the license an opportunity of being heard shall be given to the licensee.
## Section 9. Conditions of a license.—(1) The portion of his residential house or premises where animal is kept shall be structurally sound and sufficiently neat and clean and free of clutter and must be open. The area of for keeping a animal shall be not less than 100 sq. yard out of which covered area, open area shall be as under:—
Covered area | : | 170-200 sq.ft. |
Open area | : | 200-250 sq.ft. |
Manger area | : | 30-36 inches |
(2) License shall be granted on condition that the licensee shall not carry any commercial activity based on milk of animal and its derivatives and strictly use in the domestic consumption only.
(3) Licensed animal premises shall be used to keep only one animal with their offspring of upto the age of one year. In case it is found that more than one animal is being kept or any condition of License is being violated the License may be cancelled.
(4) Animal shall be labelled with tag by the Municipal Corporation to show the identity with name, address and telephone number of the owner. In case, any Animal is found moving out from the licensed premise with or without tag on the ear shall be treated as stray animal and action shall be taken as per the provisions of prevailing laws.
(5) The Licensee shall make proper arrangement disposal of excreta, urine of animal. Excreta disposal shall be made by digging a pit in the premises. He shall neither collect the waste digging a spot in open in the locality nor shall collect on road or outside of the premises. He shall not use the road or wall abutting roadside for drying up of animal excreta. In case portion of his residential house or premises is found unhygienic at any time or during the inspection by any officer or official of the animal management team of the Municipal Corporation, fine of rupees five thousand may be imposed.
(6) The Licensee shall,—
(i) make sufficient arrangement of cleanliness so that insect and rodent control may be ensured;
(ii) not allow the animal for free movement in or on public road or places;
(iii) not tie the animal on public places;
(iv) make proper arrangements for lighting and ventilation;
(v) not make any construction and shall not use any portion for residential purpose within and above the top of the animal shelter house;
(vi) construct the walls of animal house, which should not be less than five feet in height;
(vii) not use any part of the shelter house for storage of milk;
(viii) not construct animal shelter house within the distance of fifty feet from the place where foods and drinking items are stored for sale;
(ix) have to produce the licence on spot for perusal when it is asked for by the commissioner/veterinary officer/official of the animal management team of the Municipal Corporation;
(x) remove Animal shelter, within three months from order of licensing authority, if the licensing authority is of the opinion that the license has been obtained by means of misrepresentation or the license is cancelled due to violations of terms and conditions of license or any violation of prevailing laws and shift the animal to the place beyond the residential local limit of the city within a month from the day of order to this effect;
(xi) make necessary arrangement for disposal of excreta, urinals debris, garbage and waste as per provisions of the Municipal Solid Waste (Management and Handling) Rules, 2016 and shall have to install waste pan for collection of excreta, debris, garbage and to dispose it in every 10 days beyond the local limit of the Corporation on his own motion and expenses or he may use it for manufacture of organic compost fertilizer;
(xii) keep premises as well as the animal fully cleaned and sanitized by washing them with appropriate solutions or application of disinfectant. Cleaning arrangement shall be as per the instruction of the licensing authority; and
(xiii) inform the Licensing Authority about the death or sale of animal.
(7) If provision of these bye-laws or any condition of license is violated the License granted under these bye-laws shall be liable to be cancelled after giving one-month prior notice to the licence.
## Section 10. Inspection.—The Licensing Authority or any officer authorized by the Licensing Authority shall have the power to enter into licensed premises and may ensure the compliance of cleanliness and other conditions of license. The inspection report shall be submitted to the Licensing Authority and the Licensing Authority may take necessary action on the report so submitted.
## Section 11. Appeal.—Any person aggrieved with the order or direction of the Licensing Authority under the provisions of these bye-laws, may appeal before the Director, Directorate of Local Bodies, Rajasthan, Jaipur within 30 days from the date of receipt of such order/direction.
## Section 12. Repeal.—On and from the commencement of these bye laws, all orders in force in this regard shall stand repealed:
Provided that any action taken under the orders so repealed shall be deemed to have been taken under these bye-laws
FORM-A
(see Rule 4(1), (2) and 5)
Application for Grant/Renewal of License
To,
Licensing Authority,
Municipal Corporation,
Jaipur Heritage.
1. Name of the Applicant ………………………………………………………………. Full Address ……………………………………………………………………………. Ward No …………………… Zone ……………….. Mobile No ………………………………
2. Type of Animal …………………………………… Age ……………….. Identification mark ……………………………….. Offspring (Yes/No) ………………………….. Tag No …………………………………
3. Particulars of Vaccination …………………………….
4. Particulars of Animal …………………………………..
5. Animal Purchased or Owns …………………………………………. Date of Purchase ………………..
6. Quantity of milk production ……………………………….
7. Particulars of premises ……………………………………
8. If rented than copy of rent agreement …………………….
9. Copy of Identity Proof of applicant ………………..
10. Copy of electricity Bill of premises …………………………
11. Details of constructions of Animal Keeping place …………………………….
12. Photograph of Animal keeping place ……………………..
13. Copy of previous License, in case of renewal
Signature of Applicant
OFFICE OF THE MUNICIPAL CORPORATION, JAIPUR HERITAGE
FORM-B
(see Rule 4(2))
Licence
No.Dated:
1. Name………………………….Name of Father/Husband……………………….
2. Address…………………………………………………………………………………………….. …………………….Mob. No…………………………………………………
3. Ward No………………………………………Zone No…………………
S. No. | particular of Animal | Age | Identification Mark | Tag No. |
1. | ||||
2. |
Terms and Conditions:—
(1) The portion of his residential house or premises where animal is kept shall be structurally sound and sufficiently neat and clean and free of clutter and must be open. The area of for a animal shall be not less than 100 sq. yard out of which covered area, open area shall be as under:—
Covered area | : | 170-200 sq.ft. |
Open area | : | 200-250 sq.ft. |
Manger area | : | 30-36 inches |
(2) License shall be granted on condition that the licensee shall not carry and commercial activity based on milk of animal and its derivatives and strictly use in the domestic consumption only.
(3) The Licensee shall make proper arrangement disposal of excreta, urine of animal. Excreta disposal shall be made by digging a pit in the premises. He shall neither collect the waste digging a spot in open in the locality nor shall collect on road or outside of the premises. He shall not use the road or wall abutting roadside for drying up of animal excreta. In case portion of his residential house or premises is found unhygienic at any time or during the inspection by any officer or official of the animal management team of the Municipal Corporation, fine of rupees five thousand may be imposed.
(4) The Licensee shall,—
(i) make sufficient arrangement of cleanliness so that insect and rodent control may be ensured;
(ii) not allow the animal for free movement in or on public road or places;
(iii) not tie the animal on public places;
(iv) make proper arrangements for lighting and ventilation;
(v) not make any construction and shall not use any portion for residential purpose within and above the top of the animal shelter house;
(vi) construct the walls of animal house, which should not be less than five feet in height;
(vii) not use any part of the shelter house for storage of milk;
(viii) not construct animal shelter house within the distance of fifty feet from the place where foods and drinking items are stored for sale;
(ix) have to produce the licence on spot for perusal when it is asked for by the commissioner/veterinary officer/official of the animal management team of the Municipal Corporation;
(x) remove Animal shelter, within three months from order of licensing authority, if the licensing authority is of the opinion that the license has been obtained by means of misrepresentation or the license is cancelled due to violations of terms and conditions of license or any violation of prevailing laws and shift the animal to the place beyond the residential local limit of the city within a month from the day of order to this effect;
(xi) make necessary arrangement for disposal of excreta, urinals debris, garbage and waste as per provisions of the Municipal Solid Waste (Management and Handling) Rules, 2016 and shall have to install waste pan for collection of excreta, debris, garbage and to dispose it in every 10 days beyond the local limit of the Corporation on his own motion and expenses or he may use it for manufacture of organic compost fertilizer;
(xii) keep premises as well as the animal fully cleaned and sanitized by washing them with appropriate solutions or application of disinfectant. Cleaning arrangement shall be as per the instruction of the licensing authority; and
(xiii) inform the Licensing Authority about the death or sale of animal.
(5) If provision of these bye-laws or any condition of license is violated the License granted under these bye-laws shall be liable to be cancelled after giving one-month prior notice to the licence.
Signature of Licensing
Authority with Seal.