Chapter V Chapter V

Trade or Commerce in Wild Animals, Animal Articles and Trophies

Wild animals etc. to be Government property.--

1. (1) Every--
   • (a) wild animal, other than vermin, which is hunted under section 10 or sub-section
2. (1) of section 29 or sub-section
3. (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 or captive 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 Government, and where such animal is hunted in a sanctuary or National Park, declared by the Government, such animal or any animal article, trophy, uncured trophy or meat derived from such animal, shall be the property of the Government.
4. (2) Any person who obtains, by any means, the possession of Government property, shall within fortyeight 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-incharge of such police station or such authorised officer, as the case may be.
5. (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.

Declaration.--

1. (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 skin 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. (2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or 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. (3) Nothing in sub-section
4. (1) shall apply to a public museum or zoo, or a museum of an educational institution.
5. (4) The Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer any animal or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skin 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.

Inquiry and preparation of inventories.--

1. (1) On receipt of a declaration made under section 39, 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 39 ;
   • (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 animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed.
2. (2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter.

Certificate of ownership.--The Chief Wild Life Warden may for the purpose of section 39 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.

Regulation of transfer of animal etc.--

1. (1) Subject to the provisions of sub-section (2), sub-section
2. (3) and sub-section
3. (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 derived therefrom ;
   • (b) make animal articles of such animal ;
   • (c) put under a process of taxidermy, any such animal ; except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
4. (2) Where a person transfers from the State any such animal, animal article, trophy or uncured trophy as is referred to in sub-section
5. (1) in respect of which he possesses a certificate of ownership, shall, within thirty days of the transfer, report the transfer to the Chief Wild Life Warden or the authorised officer.
6. (3) No person who does not possess a certificate of ownership shall acquire by transfer from outside the State any such animal, animal article, trophy or uncured trophy as is referred to in sub-section
7. (1) except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
8. (4) Before granting any permission under sub-section
9. (1) or sub-section
10. (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.
11. (5) While permitting the transfer of any animal, captive animal, animal article, trophy or uncured trophy, as is referred to in sub-section
12. (1) the Chief Wild Life Warden or the authorised officer--
    • (a) shall issue a certificate of ownership after making 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.
13. (6) Nothing in this section shall apply--
    • (a) to animal articles or trophies made out of feathers of peacocks ;
    • (b) to any transaction entered into by a public museum or zoo with any other public museum or zoo.

Dealings in trophy and animal articles without licence prohibited.--

1. (1) Except under, and in accordance with, a licence granted under sub-section
2. (4) no person shall--
   • (a) commence or carry on the business as--
     • (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
     • (vi) an exhibition of captive animals specified in Schedules I and II ; or
   • (b) cook or serve meat in any eating house ; or
   • (c) carry on a business of circus or exhibition of captive animals for the purpose of performance : 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 : Provided further that nothing in this sub-section shall apply to manufacturers of and dealers in, articles made of ivory and feathers of peacocks. Explanation.--For the purpose of this section, "eating-house" includes a hotel, restaurant, house-boat 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.
3. (2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies or every taxidermist shall, within forty-five 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, on the date of such declaration and the Chief Wild Life Warden or the authorised officer shall place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be.
4. (3) Every person referred to in sub-section
5. (1) who intends to obtain a licence, shall, within forty-five days from the commencement of this Act, 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
6. (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.
   • (b) No licence referred to in sub-section
7. (1) shall be granted unless the Chief Wild Life Warden, or the authorised officer having regard to such matters as may be prescribed in this behalf and after making such inquiry in respect of those matters, is satisfied that the licence should be granted.
8. (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.
9. (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.
10. (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 materially false or incorrect in any particulars ; or
    • (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.
11. (8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made and reasons therefor recorded in writing.
12. (9) Nothing in the foregoing sub-sections shall apply in relation to vermin.

Suspension or cancellation of licences.--Subject to any general or special order of the Government, 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 43 :

Appeal Appeal.--

1. (1) An appeal from an order refusing to grant or renew a licence under section 43 or an order suspending or cancelling a licence under section 44 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 Government.
2. (2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause
   • (a) of sub-section
3. (1) a second appeal shall lie to the Government.
4. (3) Subject as aforesaid, every order passed in appeal under this section shall be final.
5. (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.

Maintenance of records.--A licensee under this chapter shall--

1. (a) keep records and submit such returns of his dealings as may be prescribed to the Chief Wild Life Warden or the authorised officer ; and
2. (b) make such records available on demand for inspection by such officers.

Purchase of animal etc. by licensee.--No licensee under this chapter shall--

1. (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

1. (2) of section 43 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 provisions 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 transfer, any captive animal, animal article, trophy, uncured trophy or meat, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act.

Omission of section 52, Act VIII of 1978.--Section 52 of the principal Act shall be omitted.

Amendment of section 53, Act VIII of 1978.--In section 53 of the principal Act, for the words "sanctuary, national park, game reserves or a closed area" and "six months, or with fine not exceeding five hundred rupees, or with both", the words "protected area" and "three years but shall not be less than six months and with fine which may extend to twenty thousand rupees but shall not be less than ten thousand rupees", shall respectively be substituted.