Legal Framework And Regulations Governing Meat Shops In Delhi
Posted On : February 27, 2018
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An Outlook of the Rules and Regulations Concerning Meat Shops in the Territory of Delhi
Delhi Municipal Corporation Act,1957 and Prevention of Food Adulteration Act, 1954 govern the meat shops which are present under the territory of Delhi, whereas the timings for the same are decided by Delhi Shops And Establishments Act and for the purpose of running a meat shop in Delhi, a valid trade license is a must which is regulated by the Municipal Corporation of Delhi.
According to the Delhi Municipal Corporation Act 1957, the slaughterhouses and the municipal markets must be under the supervision of the commissioner and the commissioner possesses the authority to come up with the direction of shutting down a meat shop by a public notice.
It is not allowed for any person to get involved the transactions concerning sale and purchase of any animal without owning a valid license issued by the commissioner. If any person or shop is found to be involved in the business of selling and purchasing of any animal without an appropriate license for the same, such shop or person can simply be removed from the market temporarily or permanently by the order of the commissioner or any other officer having a legal authority to act on behalf of the concerned commissioner. No premise or area other than the allotted one can be used as a slaughterhouse.
No one is allowed to carry on a meat shop without obtaining a proper license before the commencement of the meat shop. In instances of cancellation or suspension of the license, the concerned meat shop would be shut down as long as a valid license is not obtained.
Under the legal provisions concerning the meat shops in Delhi, it is not possible for any meat shop to sell or expose for selling any animal within an area of 100 yards from any licensed private market or municipal market. In certain cases, it could be allowed but only with a proper permission granted by the commissioner.
No person is permitted to carry on the business of a butcher, fish-monger, poulterer or importer of flesh with an intention of serving the same as food for humans or enjoy the benefits of an area for the transactions of selling and purchasing of flesh, fish or poultry with an intention of serving the same as human food.
The Commissioner enjoys a right of not granting a meat shop with a license if he/she finds it to be unfit for obtaining a license during his supervision and inspection of that shop but such a decision must be reasoned and reasonable. The commissioner also enjoys the power of stopping the usage of any place for the purpose of selling and purchasing of meat in he/she finds that the place is not being used in accordance with the concerned legal provisions.
In accordance with the legal provisions concerning meat shops in Delhi, Instances where any cattle, horses or other quadruped creature or birds are retained in any area in non-observance with the provisions of Section 417, or are located deserted and moving or hitched on any public place or on any land in possession of the Corporation, the Commissioner or any other officer with an authority to act on behalf of the commissioner may go on to grab hold of them and may cause them to be confiscated or detached to such place as may be commissioned by the corporation or the government for this reason and the cost of subjection of these animals or birds and of detaching or confiscating them and of watering and providing food to them shall be by sale by auction of these animals or birds.
On condition that anyone asserting such bird or animal may, within the time period of seven days of the seizure get them freed by paying all expenses brought upon by the Commissioner in keeping the hold of such animal or bird, and on coming up with a license for keeping these animals and birds furnished under the provisions of Section 417.
Whenever the Commissioner opines that the enjoyer of any area or compound for any of the grounds talked about in sub-section 1 of Section 417 is triggering a nuisance and such nuisance should be stopped speedily, the Commissioner may direct the possessor of the premises to bring such nuisance to an end within such time as may be defined in the order and in the instances where the possessor or the actual occupier is not able to comply with such order, the Commissioner may himself or by an officer ranked lower to him trigger the estoppel of such usage.
Unaccompanied by any unfairness to the aforementioned provisions of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so retained, forsaken or restrained, is also blameworthy under this Act.
If the Commissioner or his/her subordinate has a ground to be convinced that any animal expected to be consumed by humans is being slaughtered or that the meat of any such animal is being disposed off or uncovered for sale, in any place or way not properly permitted under this Act, he/she may, at any time by day or night without notice, examine such place for the reason of satisfying himself/herself as to whether any provision of this Act or of any regulation under this Act at the time in force is being breached and may grab hold of any such animal or the remains of such animal or such meat found therein. The Commissioner may unfasten and dispose off by auction or otherwise dispose off any animal or cadaver of any animal or any flesh taken hold of.
If under the time period of one month of such confiscation the owner of the flesh, carcass or animal face to come into view shows beyond doubt his/her assertion to the contentedness of the Commissioner or if the possessor is convicted of an offence under this Act in respect of such animal, remains or meat, the corporation under sub-section 1 will be having the power to initiate the sale.
Any police officer can arrest a person butchering any animal or getting involved the in the business of selling and purchasing of such animal/meat or uncovering the animal flesh for the purpose of selling and purchasing it in any place or area not properly permitted under the legal provisions concerning the meat shops in Delhi. Such arrests can be made without a warrant. Furthermore, no claim for compensation can be made for any harm or injury essentially caused by any such ingress or by the use of any force requisite for concluding such entry.
A list of things for which the premises may not be utilized in the absence of a valid license is specified by the eleventh schedule of the Delhi Municipal Corporation Act 1957. A general trade license is granted by the Licensing and Enforcement Department of MCD under section 417 of Delhi Municipal Corporation Act. Not only general trade license, license for the shops engaged in the businesses of items of food or some other commodities are also granted by the health department of MCD.
Licensing Procedures of the Meat Shops in Delhi
One can apply for a trade license either through the internet or at a Citizen’s Service Bureaus (CSB). In the instances where the submissions are made through the internet, the applicant can present the required documents at any of the CSB’s once he/she is done with labeling the document with the distinctive acknowledgment number issued to his/her application on the internet.
If one intends to get a new trade license from one of the most convenient nearby CSBs. He/she needs to put up an application form at the CSB which could be availed for Rs.25 at the CSB. Downloading the form from the website is also an expedient option.
Once an applicant is done with attaching the application with the required documents, the operator will enter his/her information into the computer. That person will be expected to make the payment of the processing fees, once completed the payments successfully the person will receive a G8 receipt. The provided G8 receipt will be having a unique “Registration number” which the person must not forget as he/she will be needing that number for future proceedings. After completing all the above-mentioned task, a licensed inspector will be visiting the place of the person in order to conclude a formal look over or inspection. The moment inspection is over and approval is granted, the person will be receiving a letter or an email informing him/her regarding the same.
After the completion of all the above-said process, the person would now approach the CSB one more time and recite the “Registration number “provided to him/her in one of the previous steps. The operator will look for the details of that person in the database with the help of the registration number provided. If the piece of information of the person is available, the operator will be printing the health trade license for the person and cut a G8 receipt. After this, the person would need to pay the fees for the license and also the processing charges to the operator. After all this, the signatures of the officials of the Municipal Corporation of Delhi would be obtained.
Necessary Documents for Obtaining Licence of a Meat Shop
Indemnity Bond for Rs.100/-
Copy of sanction plan/ completion certificate/structure safety certificate from a registered architect.
Water connection and sewer connection
Copy of partnership deed if any
Affidavit for Rs.10/-
Fees for Obtaining License for a Meat Shop
A processing charge of Rs 500 is payable per application along with a charge of Rs 300 as the license fees and at the time of acceptance of application form for the issue of new license, a charge of Rs 250 would be imposed with reference to the fees for license processing.
Cancellation or Termination of License of a Meat Shop
The commissioner may at any time cancel or suspend any license granted if he is of the opinion that the premises covered thereby are not kept in conformity with the conditions of such license or with the provisions of any bye-law made in this behalf whether the license is prosecuted under this Act or not.
The commissioner possesses a power of cancelling or suspending any issued license at any time if he/she opines that the premises placed undercover thereby are not kept in adherence with the terms of such license or with the provisions of any rule or regulation framed in this behalf whether the license is prosecuted under this Act or not.
Terms and Conditions for Meat Shops According to the By-Laws Framed for Delhi
There are certain prerequisites for meat shops as per the rules and regulations which are mentioned under section 415 of the Delhi Municipal Corporation Act, 1957. It is expected from the end of the licensee of meat shops in Delhi to keep an eye on the below-mentioned things:
A high standard of personal hygiene at all times must be expected from the end of the workers. Snuffing, smoking and eating pan must not be permissible within the premises of the meat shop.
Only dressed remains of the animals, meat and cleaned offal must be kept at the shop area. Hides, skin, hoofs, heads and uncleaned gut would not be permitted in the premises at any time and for the storage of meat and meat products, refrigerator or icebox of sufficient size must be provided.
At the counter of the meat shop, only wholesome meat produced from a permitted source must be sold and unstamped meat would be destroyed or taken hold of.
The area of the meat shop must be in a way that relates to the structure of a building or other item.
The action of transporting the animal remains from the slaughterhouse to the meat shops must be concluded in a hygienic manner, in boxes of suitable size lined with stainless steel, aluminum or zinc or wire gauze meat safes and it should be ensured that they are washed on a daily basis.
The walls and floors up to a height of one meter must be made of watertight concrete substance and the corner should be having a smooth or curved surface to make it possible for the premises of the meat shop to be washed and cleaned in a smooth manner.
It must be ensured that a neat and tidy polythene bag is used for packing for the purpose of retail sale of meat.
The floor area of the meat shop must not be less than 8 sq.m and the height of the same must not be less than 3 meters.
All the people working in the meat shop must be examined medically and inoculated against cholera and energetic group of fevers at the time when issue or renewal of license takes place and there must be a prominent display of the certificate of immunization and medical fitness along with the license in the shop.
It is necessary for the premises of the meat shop to be drained into a sewer, and if it is a case where there is no sewer, then it must be done into a surface drain basing upon the satisfaction of health authorities.
It is essential that the implements and chopping block must be washed with boiling water and the chopping block must be dried and salted every day.
Good ventilation and proper lighting in the premises of the meat shop must be ensured.
No animal remains must be retained in a way so as to be open to public view from outside. A tiny wire gauze showcase must be taken care of for keeping pieces of meat ready for sale.
There must be a continuous supply of clean and fresh water in the premises of the meat shop and in an instance of irregular supply of water, suitable storage facilities must be made.
The area of the meat shop must not be used for residential purposes, nor should it have a connection with the residential quarter and it is not allowed to keep personal belongings such as clothing, bedding, shoes in the premises of the meat shop.
A hand wash basin made either made up of stainless steel or of porcelain should be provided along with soap and nail brush for the purpose of washing hands.
It must be targetted to keep the premises of the meat shop free from insects, this could be attained by spraying insecticides having knockdown effect at the end of day’s work. It is not permitted to spray the insecticide during the business hours. During business hours, proper fly swats or flaps are allowed to be used in order to kill the insects present in the premises of the meat shop.
The ceiling and walls of the meat shop must be white in color and it must be washed in every 6 months and the woodwork must be painted and polished every year and it must be ensured that the premises of the meat shop always stays in a good state of repairs.
There must be a reasonable number of fans in the premises of the meat shop in order to keep it cool.
In the premises of the meat shop, there must be the presence of a waste bin with a pedal operated cover for the collection of waste material and it must be emptied and washed on a daily basis with a good disinfectant.
All the tables, shelves, racks, floor, walls etc present in the premises of the meat shop must be washed and cleaned on regular basis.
There must be a signboard for the meat shop which should prominently display the kind of meat sold by the respective meat shop and nothing other than meat and raw meat products would be allowed to be sold by the meat shop.
Renewal of the License of Meat Shops
In accordance with the provisions of the Act, every such license must be entitled to expire at the end of the year for which it is issued or at such earlier date as the commissioner may, for specific causes, mention in the license.
Generally, the licenses are expected to be renewed every year. Licenses renewed every year are valid up to the 31st day of March of the subsequent year. The renewals are supposed to take place in the month of April every year. The fees for the renewal of the license are nothing different from that of a new license.
In instances where a license is renewed between 1st March & 30th April, there would not be any imposition of late fees. But if the license is renewed anytime after the 30th day of April, there would be an imposition of late fees. Late fees would be charged as 5% of the fees per month. In the cases where the license is renewed after 1 year, the late fee charge of the actual license fee for each year or part thereof would be payable.
Requisite Documents For The Renewal Of The License Of Meat Shops
Original License copy
Any other documents, if required
Issue And Amendment Of Duplicate License For Meat Shops
All kinds of amendment applications are dealt in the same way as it is done for the issue of new licenses except in the cases which involve a request for the issue of duplicate license. Such applications are processed from any of the Citizens Service Bureau (CSB).
In this process, full fees which are same as the process of new license except the processing charge would be payable. A duplicate license would only be granted on the successful payment of Rs.100 towards processing charges and on presentation of the essential documents when the original was lost, destroyed, mutilated etc. In such cases, a fresh license with a unique license number would be granted and all the other licenses would be called off.
In a duplicate license, the word ‘DUPLICATE’ would be inscribed on the top of the license. For the Amendment and Renewal of license, Rs.250 would be payable as the fees for the same. Furthermore, there would also be a service charge payable of Rs.5. Rs.100 would be payable as the fees for the grant of duplicate license. Additionally, there would be a service charge of Rs.5 for the grant of duplicate license.
Necessary Documents for the Grant of Duplicate License
First Information Report (FIR) of the lost, destroyed or mutilated original license.
Indemnity Bond in the prescribed format.
Procedure for the Collection of Trade License
The trade license is granted by hand to the citizen at the CSB or couriered to the address sought by the citizen.
Some Important RTI Replies Regarding the Rules and Regulations Concerning Meat Shops in Delhi
As specified by one of the RTI replies related to meat shops in Delhi, the departments involved and concerned with the functions of meat shops in Delhi are Public Health, Veterinary services, and ADC departments.
In accordance with one more RTI reply concerning the regulation of meat shops in Delhi, the time period which is directed in law for obtaining each license is 30 days at the Zonal level and at headquarters rank, the expected time period for the issue of the license is 45 days.
In conformity with an RTI reply which relates to the penalty for the meat shops, prosecution action would be taken against the person who fails to fulfil a duty, obligation, or undertaking as per the Delhi Municipal Corporation Act under sections 421, 422 and 423 which even comprises and incorporates the sealing of the premises of the meat shop.
Timings for the Operation of Meat Shops
In accordance with the provisions of the Delhi Shops and Establishments Act 1954, no commercial establishments or shops on any day is allowed to be operational before such time or closed later than such time as prescribed by the government by general or special order on a condition that any purchaser standing by to be at the closing time prescribed may be given out with the service in between the time span of fifteen minutes. The government possesses a power of conducting an enquiry in a fixed way and can prescribe various timings for various classes and varied areas.
Legal Provisions With Reference to the Slaughter of Cattle in the Territory of Delhi
The slaughter of cattle in the territory of Delhi is administered by The Delhi Agricultural Cattle Preservation Act, 1994. This statute makes it clear that slaughter of all the agricultural cattle is completely disallowed and outlawed in Delhi.
The legal definition of agricultural cattle includes cows of all ages, calves of cows of all ages and bulls and bullocks. However, the slaughter of buffaloes is allowed under this provision. Slaughtering buffaloes is legal and it is not at all unlawful or against any law.
Having occupancy or possession of the meat or flesh of any agricultural cattle which was slaughtered outside Delhi is also not permitted. Getting involved in the export or transportation of agricultural cattle for the purpose of slaughtering is also illegal.
Transporting or exporting any agricultural cattle for other reasoned grounds is allowed and legal but only if a proper proclamation is provided that the cattle will not be slaughtered.
Nevertheless, export or transportation of agricultural cattle from Delhi to any such state where the slaughter of agricultural cattle is not legally prohibited will not be allowed at any cost. If any person is found contravening these laws would be entitled to a punishment with incarceration up to five years and fine up to Rs 10,000, with a condition that the minimum incarceration period must not be for less than six months and fine not in any case less than of Rs 1,000.
However, this law places the burden of proof on the accused and this crime is considered as a non-bailable and cognizable offense.
All such irregularities can be set at right if you approach concerned Tribunal or High Court by filing Writ Petition which will be beneficial to so many aggrieved persons.
I could have explained more if background is known to me. I am at your service if you visit my office.
Please give me FIVE STAR if satisfied by my answers and you may approach me through Vidhikarya for further clarifications.
Whosoever is the owner of the shops need to take this matter up with the another building owner who is doing the mischief. If you are getting affected by the another building owner then you need to ask them to stop what they are doing or else send them a legal notice through a lawyer.