 |
 |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Indian Bare Acts > THE WILD LIFE (PROTECTION) ACT, 1972 > CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES |
|
| INDIAN BARE ACTS |
|
| Search Alphabatically : |
|
|
| Search Chronologically : |
|
|
|
|
| THE WILD LIFE (PROTECTION) ACT, 1972 |
|
Title : THE WILD LIFE (PROTECTION) ACT, 1972
Year : 1972
Act :
CHAPTER V
TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES
39.Wild animals, etc., to be Government property.
39. Wild animals, etc., to be Government property. (1) Every-
(a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section 29 or sub-section
(6) of section 35 or kept or bred in captivity in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed without a licence or by mistake; and
(b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed,
shall be the property of the State Government, and, where such animal is hunted in a sanctuary or National Park declared by the Central Gov-
ernment, such animal or any animal article, trophy, uncured trophy or meat derived from such animal, shall be the property of the Central
Government.
(2) Amy person who obtains, by any means, the possession of Gov-
ernment property, shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be.
(3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer-
(a) acquire or keep in his possession, custody or control, or
(b) transfer to any person, whether by way of gift, sale or otherwise, or
(c) destroy or damage,
such Government property.
40.
Declarations.
40. Declarations. (1) Every person having at the commencement of this Act the control, custody or possession of any captive animal specified in Schedule I or Part II of Schedule II, or any uncured trophy derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the
Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept.
(2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or
420.otherwise transfer or transport any animal specified in Schedule I or
Part II of Schedule II or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
(3) Nothing in sub-section (1) or sub-section (2) shall apply to a public museum or zoo.
(4) The State Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer any animal article or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I or Part II of Schedule II in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed.
41.Inquiry and preparation of inventories.
41. Inquiry and preparation of inventories. (1) On receipt of a declaration made under section 40, the Chief Wild Life Warden or the authorised officer may, after such notice, in such manner and at such time, as may be prescribed,-
(a) enter upon the premises of a person referred to in section 40;
(b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I and Part II of
Schedule II and found thereon; and
(c) affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed.
(2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter.
42.Certificate of ownership.
42. Certificate of ownership. The Chief Wild Life Warden may, for the purposes of section 40, issue a certificate of ownership in such form, as may be prescribed to any person who, in his opinion, is in lawful possession of any wild animal or any animal article, trophy, uncured trophy and may, where possible, mark, in the prescribed manner, such animal article, trophy or uncured trophy for purposes of identification.
43.Regulation of transfer of animal, etc.
43. Regulation of transfer of animal, etc. (1) Subject to the provisions of sub-section (2), sub-section (3) and sub-section (4), a person (other than a dealer) who does not possess a certificate of ownership shall not-
(a) sell or offer for sale or transfer whether by way of sale, gift or otherwise, any wild animal specified in
Schedule I or Part II of Schedule II or any captive animal belonging to that category or any animal article, trophy, uncured trophy or meat derived therefrom;
(b) make animal articles containing part or whole of such animal;
(c) put under a process of taxidermy an uncured trophy of such animal,
421.except with the previous permission in writing of the Chief Wild Life
Warden or the authorised officer.
(2) Where a person transfers or transports from the State In which he resides to another State or acquires by transfer from outside the State any such animal, animal article, trophy or uncured trophy as is referred to in sub-section (1) in respect of which he has a certificate of ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the Chief Wild Life
Warden or the authorised officer within whose jurisdiction the transfer or transport is effected.
(3) No person who does not possess a certificate of ownership shall transfer or transport from one State to another State or acquire by transfer from outside the State any such animal, animal article, trophy or uncured trophy as is referred to in sub-section (1) except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is to be effected.
(4) Before granting any permission under sub-section (1) or sub-
section (3), the Chief Wild Life Warden or the authorised officer shall satisfy himself that the animal or article referred to therein has been lawfully acquired.
(5) While permitting the transfer or transport of any animal, animal article, trophy or uncured trophy, as Is referred to In sub-
section (1), the Chief Wild Life Warden or the authorised officer-
(a) shall issue a certificate of ownership after such
Inquiry as he may deem fit;
(b) shall, where the certificate of ownership existed in the name of the previous owner, issue a fresh certificate of ownership in the name of the person to whom the transfer has been effected;
(c) may affix an identification mark on any such animal, animal article, trophy or uncured trophy.
(6) Nothing in this section shall apply-
(a) to animal articles or trophies made out of feathers of pea-cocks;
(b)to any transaction entered into by a public museum or zoo with any other public museum or zoo.
44.Dealings in trophy and animal articles without licence prohibited.
44. Dealings in trophy and animal articles without licence prohibited. (1) ["Subject to the provisions of Chapter VA, no person shall, except under and in accordance with, a licence granted under sub-section (4)"]
(a) commence or carry on the business as-
(ia) a manufacturer of, or dealer in, any article made of ivory imported into India;"]
(i) a manufacturer of or dealer In, any animal article; or
(ii) a taxidermist; or
(iii) a dealer in trophy or uncured trophy; or
(iv) a dealer In captive animals; or
(v) a dealer In meat; or
(b) cook or serve meat In any eating-house:
-------------------------------------------------------------------
1. Subs. and ins. by Act 28 of 1986, S. 2 (w.e.f. 25.11.1986)
-------------------------------------------------------------------
422.Provided that nothing in this sub-section shall prevent a person, who, immediately before the commencement of this Act was carrying on the business or occupation specified in this sub-section, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed In writing that a licence cannot be granted to him:
2[Provided further that nothing in this sub-section shall apply to manufacturers of, and dealers in, articles made of feathers of peacock."]
Explanation.--For the purposes of this section, "eating-house"
includes a hotel, restaurant or any other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging.
(2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies, or every taxidermist shall, within fifteen days from the commencement of this Act, declare to the Chief Wild Life Warden his stocks of animals articles, captive animals, trophies and uncured trophies, as the case may be, as on the date of such declaration and the Chief Wild Life
Warden or the Authorised officer may place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be.
(3) Every person make an application to the Chief Wild Life icence should be granted."] make an application to the Chief
Wild Life Warden or the authorised officer for the grant of a licence.
(4) (a) Every application referred to in sub-section (3) shall be made In such form and on payment of such fee as may be prescribed, to the Chief Wild Life Warden or the authorised officer.
1"[(b) No licence referred to in sub-section (1) shall be granted unless the Chief Wild Life Warden or the authorised officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be granted."]
(5) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to, which the licensee shall carry on his business.
(6) Every licence granted under this section shall-
(a) be valid for one year from the date of its grant;
(b) not be transferable; and
(c) be renewable for a period not exceeding one year at a time.
(7) No application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life
Warden or the authorised officer is satisfied that-
(i) the application for such renewal has been made after the expiry of the period specified therefor, or
(ii) any statement made by the applicant at the time of the grant or renewal of the licence was incorrect or false in material particulars, or
----------------------------------------------------------------------
1. Omitted and subs. by Act 23 of 1982, S. 3.----------------------------------------------------------------------
423.(iii) the applicant has contravened any term or condition of the licence or any provision of this Act or any rule made thereunder, or
(iv) the applicant does not fulfil the prescribed conditions.
(8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made in writing.
(9) Nothing in the foregoing sub-sections shall apply in relation to vermin.
45.Suspension or cancellation of licences.
45. Suspension or cancellation of licences. Subject to any general or special order of the State Government, the Chief Wild Life
Warden or the authorised officer may, for reasons to be recorded by him in writing, suspend or cancel any licence granted or renewed under section 44:
Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.
46.Purchase.
46. Purchase. (1) An appeal from an order refusing to grant or renew a licence under section 44 or an order suspending or cancelling a licence under section 45 shall lie-
(a) if the order is made by the authorised officer, to the
Chief Wild Life Warden; or
(b) if the order is made by the Chief Wild Life Warden, to the State Government.
(2) In the case of an order passed in appeal by the Chief Wild
Life Warden under clause (a) of sub-section (1), a second appeal shall lie to the State Government.
(3) Subject as aforesaid, every order passed In appeal under this section shall be final.
(4) An appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against:
Provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
47.Maintenance of records.
47. Maintenance of records. A licensee under this Chapter shall-
(a) keep records, and submit such returns of his dealings, as may be prescribed,--
(i) to the Director or any other officer authorised by him in this behalf, and
(ii) to the Chief Wild Life Warden or the authorised officer;
and
(b) make such records available on demand for inspection by such officers.
424.48.Purchase of animals, etc., by licensee.
48. Purchase of animals, etc., by licensee. No licensee under this Chapter shall-
(a) keep in his control, custody or possession,--
(i) any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of sub-
section (2) of section 44 has to be made but has not been made;
(ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provi-
sions of this Act or any rule or order made thereunder;
(b) (i) capture any wild animal, or
(ii) acquire, receive keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in Schedule I or Part II of Schedule II or any animal article trophy, uncured trophy or meat derived therefrom or serve such meat, or put under a process of taxidermy or make animal article containing part or whole of such animal,
except in accordance with such rules as may be made tinder this Act;
Provided that where the acquisition or, possession, control or custody of such animal or animal article, trophy or uncured trophy entails the transfer or transport from one State to another, no such transfer or transport shall be effected except with the previous permission in writing of the Director or any other officer authorised by him in this behalf:
Provided further that no such permission under the foregoing proviso shall be granted unless the Director or the officer authorised by him is satisfied that the animal or article aforesaid has been lawfully acquired.
49.Purchase of captive animal, etc., by a person other than alicensee.
49. Purchase of captive animal, etc., by a person other than a licensee. No person shall purchase, receive or acquire any captive animal, wild animal, other than vermin, or any animal article, trophy, uncured trophy or meat derived therefrom otherwise than from a dealer or from a person authorised to sell or otherwise transfer the same under this Act:
Provided that nothing in this section shall apply to any I
transaction entered into by a public museum or zoo with any other public museum or zoo.
Last updated on February, 2008
|
|
|
|
|
|
|
|
| Property / Real Estate |
Legal verified real estate. Choose from our list of properties with clear title.
Search property |
|
|
|
|
|
|
|
|
