Chapter VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS

1[49A. Definitions.-- In this Chapter,--

1. (a) "Scheduled animal" means an animal specified for the time being in Schedule I or Part II of Schedule II;
2. (b) "Scheduled animal article" means an article made from any Scheduled animal and includes an article or object in which the whole or any part of such animal 2[has been used but does not include tail feather of peacook, an article or trophy made therefrom and snake venom or its derivative.]
3. (c) "Specified date" means--
   • (i) in relation to a scheduled animal on the commencement of the Wild Life (Protection) (Amendment) Act, 1986, the date of expiry of two months from such commencement; 3***
   • (ii) in relation to any animal added or transferred to Scheduled I or Part II of Schedule II at any time after such commencement, the date of expiry of two months from such addition or transfer. 4[(iii) in relation ivory imported into India or an article made from such ivory, the date of expiry of six months from the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991).]

1[49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals.-- (1) Subject to the other provisions of this Section, on and after the specified date, no person shall--

1. (a) commence or carry on the business as--
   • (i) a manufacturer of, or dealer in, scheduled animal articles; or 2[ia) a dealer in ivory imported into India or articles made therefrom or a manufacturer of such articles; or]
   • (ii) a taxidermist with respect to any scheduled animals or any parts of such animals; or
   • (iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or
   • (iv) a dealer in any captive animals being scheduled animals; or
   • (v) a dealer in meat derived from any scheduled animal; or
2. (b) cook or serve meat derived from any scheduled animal in any eating-house. Explanation.--For the purposes of this sub-section, "eating-house" has the same meaning as in the Explanation below sub-section (1) of Section 44.

1. (2) Subject to the other provisions of this section, no licence granted or renewed under Section 44 before the specified date shall entitle the holder thereof or any other person to commence or carry on the business referred to in clause (a) of sub-section (1) of this section or the occupation referred to in clause (b) of that sub-section after such date.
2. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), where the Central Government is satisfied that it is necessary or expedient so to do in the public interest, it may, by general or special order published in the official Gazette, exempt, for purposes of export, any corporation owned or controlled by the Central Government (including a Government company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956), or any society registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force, wholly or substantially financed by the Central Government, from the provisions of sub-sections (1) and (2). (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), but subject to any rules which may be made in this behalf, a person holding a licence under Section 44 to carry on the business as a taxidermist may put under a process of taxidermy any scheduled animal or any part thereof--
   • (a) for or on behalf of the Government or any corporation or society exempted under sub-section (3), or
   • (b) with the previous authorisation in writing of the Chief Wild Life Warden, for and on behalf of any person for educational or scientific purposes.]

1[49C. Declaration by dealers.--(1) Every person carrying on the business or occupation referred to in sub-section (1) of Section 49B shall, within thirty days from the specified date declare to the Chief Wild Life Warden or the authorised officer--

1. (a) his stocks, if any, as at the end of the specified date of--
   • (i) scheduled animal articles;
   • (ii) scheduled animals and parts thereof;
   • (iii) trophies and uncured trophies derived from scheduled animals;
   • (iv) captive animals being scheduled animals; 2[(v) ivory imported into India or articles made therefrom;]
2. (b) the place or places at which the stocks mentioned in the declaration are kept; and
3. (c) the description of such items, if any, the stocks mentioned in the declaration which he desires to retain with himself for his bona fide personal use.

1. (2) On receipt of a declaration under sub-section (1), the Chief Wild Life Warden or the authorised officer may take all or any of the measures specified in section 41 and for this purpose, the provisions of section 41 shall, so far as may be, apply.
2. (3) Where, in a declaration made under sub-section (1), the person making the declaration expresses his desire to retain with himself any of the items of the stocks specified in the declaration for his bona fide personal use, the Chief Wild Life Warden, with the prior approval of the Director, may, if he is satisfied that the person is in lawful possession of such items, issue certificates of ownership in favour of such person with respect to all, or as the case may be, such of the items as in the opinion of the Chief Wild Life Warden, are required for the bona fide personal use of such person and affix upon such items identification marks in such manner as may be prescribed: Provided that no such item shall be kept in any commercial premises.
3. (4) No person shall obliterate or counterfeit any identification mark referred to in sub-section (3).
4. (5) An appeal shall lie against any refusal to grant certificate of ownership under sub-section (3) and the provisions of sub-sections (2), (3) and (4) of section 46 shall, so far as may be, apply in relation to appeals under this sub-section.
5. (6) Where a person who has been issued a certificate of ownership under sub-section (3) in respect of any item--
   • (a) transfers such item to any person, whether by way of gift, sale or otherwise, or
   • (b) transfers or transports from the State in which he resides to another State any such item, he shall, within thirty days of such 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.
6. (7) No person, other than a person who has been issued a certificate of ownership under sub-section (3), shall on and after the specified date keep under his control, sell or offer for sale or transfer to any person 3[any scheduled animal, a scheduled animal article, or ivory imported into India or any article made therefrom.]]

1[49D. Definitions. --In this Chapter, unless the context otherwise requires,--

1. (a) "artificially propagated" means plants which have been grown under controlled conditions from plant materials grown under similar conditions;
2. (b) "bred in captivity" means produced from parents in captivity;
3. (c) "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington D.C., in the United States of America on the 3rd of March, 1973, and amended at Bonn on the 22nd of June, 1979, its appendices, decisions, resolutions and notifications made thereunder and its amendments, to the extent binding on India;
4. (d) "export" means export from India to any other country of a specimen;
5. (e) "import" means import into India from any other country of a specimen;
6. (f) "introduction from the sea" means transportation into India of specimens of any species which were taken from the marine environment not under the jurisdiction of India or any other country;
7. (g) "Management Authority" means the Management Authority designated under section 49E;
8. (h) "readily recognisable part or derivative" includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species listed in Schedule IV;
   • (i) "re-export" means export of any specimen that has previously been imported;
9. (j) "Scientific Authority" means a Scientific Authority designated under section 49F;
10. (k) "scheduled specimen" means any specimen of a species listed in Appendices I, II or III of the Convention and incorporated as such in Schedule IV;
11. (l) "species" means any species, sub-species, or geographically separate population thereof;
12. (m) "specimen" means--
    • (i) any animal or plant, whether alive or dead;
    • (ii) in the case of an animal,--
13. (A) for species included in Appendices I and II of Schedule IV, any readily recognisable part or derivative thereof;
14. (B) for species included in Appendix III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendix III of Schedule IV in relation to the species; and
    • (iii) in the case of a plant,--
15. (A) for species included in Appendix I of Schedule IV, any readily recognisable part or derivative thereof;
16. (B) for species included in Appendices II and III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendices II and III of Schedule IV in relation to the species;
17. (n) "trade" means export, re-export, import and introduction from the sea.]

1[49E. Designation of Management Authority. -- (1) The Central Government shall, by notification, designate an officer not below the rank of an Additional Director General of Forests as the Management Authority for discharging the functions and exercising the powers under this Act.

1. (2) The Management Authority shall be responsible for issuance of permits and certificates for trade of scheduled specimens in accordance with the Convention, submission of reports, and shall perform such other functions as may be necessary to implement the provisions of the Convention.
2. (3) The Management Authority shall prepare and submit annual and biennial reports to the Central Government.
3. (4) The Central Government may appoint such officers and employees as may be necessary to assist the Management Authority in discharging its functions or exercising its powers under this Chapter, on such terms and conditions of service including salaries and allowances as may be prescribed.
4. (5) The Management Authority may, with the prior approval of the Central Government, delegate its functions or powers, to such officers not below the rank of the Assistant Inspector General of Forests, as it may consider necessary for the purposes of this Chapter.]

1[49F. Designation of Scientific Authority.--(1) The Central Government shall, by notification, designate one or more institutes engaged in research on species as Scientific Authority for the purposes of this Chapter, for fulfilling the functions under the Convention.

1. (2) The designated Scientific Authority shall advise the Management Authority in such matters as may be referred to it by the Management Authority.
2. (3) The Scientific Authority shall monitor the export permits granted for specimens of species listed in Appendix II of Schedule IV and the actual export of such specimens.
3. (4) Whenever a Scientific Authority is of the opinion that the export of specimens of such species requires to be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I of the Convention, it shall advise the Management Authority to take such appropriate measures to limit the grant of export permits for specimens of that species as the Scientific Authority may deem necessary for said purpose.]

1[49G. Directions of Central Government. --The Management Authority and the Scientific Authorities, shall, while performing their duties and exercising powers under this Chapter, be subject to such general or special directions, as the Central Government may, from time to time, give.]

1[49H. International trade in scheduled specimen and restriction in respect thereof.--(1) No person shall engage in trade of scheduled specimens except as provided for under this Chapter.

1. (2) The Central Government shall prescribe the conditions and procedures by which the exemptions contained in Article VII of the Convention may be availed.
2. (3) Every person engaging in trade of a scheduled specimen shall report the details of the scheduled specimen and the transaction to the Management Authority or the officer authorised by it in such manner as may be prescribed.
3. (4) Every person engaging in trade of a scheduled specimen, shall present it for clearance to the Management Authority or the officer authorised by it or a customs officer only at the ports of exit and entry as may be specified by the Central Government.
4. (5) The form and manner of making an application for a permit or certificate to trade in a scheduled specimen, the fee payable therefor, the conditions subject to which the permit or certificate may be granted, and the procedure to be followed in granting or cancelling such permit or certificate, shall be such as may be prescribed by the Central Government.]

1[49J. Conditions for import of scheduled specimens.-- (1) The import of any specimen of a species included in Appendix I of Schedule IV shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate from the country of export.

1. (2) An import permit for a specimen of a species listed in Appendix I of Schedule IV shall not be granted unless--
   • (a) the Management Authority is satisfied that the specimen concerned will not be used for primarily commercial purposes;
   • (b) the Scientific Authority has advised that the import will be for purposes which are not detrimental to the survival of the species; and
   • (c) the Scientific Authority is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it.
2. (3) The import of any specimen of a species included in Appendix II of Schedule IV shall require the prior presentation of either an export permit or a re-export certificate issued by the country of export.
3. (4) The import of any specimen of a species included in Appendix III of Schedule IV shall require the prior presentation of--
   • (a) a certificate of origin; or
   • (b) in the case where the import is from a country which has included the species in Appendix III of the Convention, an export permit; or
   • (c) a re-export certificate granted by the country of re-export.]

1[49K. Conditions for re-export of scheduled specimens.--(1) The re-export of any specimen of species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of a re-export certificate.

1. (2) A re-export certificate shall not be granted unless--
   • (a) the Management Authority is satisfied that any specimen to be re-exported was imported in accordance with the provisions of this Chapter and of the Convention;
   • (b) the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and
   • (c) in the case of any living specimen of species listed in Appendix I of Schedule IV, the Management Authority is satisfied that an import permit has been granted.]

1[49L. Conditions for introduction from sea of scheduled specimens.--(1) The introduction from the sea of a specimen of a species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of a certificate of introduction from the sea.

1. (2) A certificate of introduction from the sea shall not be granted unless--
   • (a) the Scientific Authority has advised that the introduction of any specimen will not be detrimental to the survival of the species;
   • (b) in the case of a specimen of a species listed in Appendix I of Schedule IV, the Management Authority is satisfied that it is not to be used for primarily commercial purposes and that the proposed recipient of any living specimen is suitably equipped to house and care for it; and
   • (c) in the case of a living specimen of a species listed in Appendix II of Schedule IV, the Management Authority is satisfied that it will be so handled as to minimise the risk of injury, damage to health or cruel treatment.]

1[49M. Possession, transfer and breeding of living scheduled animal species. --- (1) Every person possessing a living specimen of an animal species listed in Schedule IV shall report the details of such specimen or specimens in his possession to the Management Authority or the authorised officer: Provided that the Central Government may exempt one or more specimens of any animal species included in Schedule IV from such declaration for such quantity and for such period as it may deem fit.

1. (2) The Management Authority or the authorised officer may, on being satisfied that a person was in possession of a living specimen of an animal species listed in Schedule IV which had not been obtained in contravention of any law relating to protection of fauna and flora, issue a registration certificate allowing the owner to retain such specimen.
2. (3) Any person who transfers possession, by any means whatsoever, of any living specimen of an animal species listed in Schedule IV shall report the details to the Management Authority or the authorised officer.
3. (4) The Management Authority or the authorised officer shall register all transfers of living specimens of animal species listed in Schedule IV and issue the transferee with a registration certificate.
4. (5) Any person in possession of any living specimen of an animal species listed in Schedule IV which bears any offspring shall report the birth of such offspring to the Management Authority or the authorised officer.
5. (6) The Management Authority or the authorised officer shall on receipt of the report under subsection (5) register any offspring born to any living specimen of an animal species listed in Schedule IV and issue the owner with a registration certificate.
6. (7) Any person in possession of any living specimen of an animal species listed in Schedule IV which dies shall report such death to the Management Authority or the authorised officer.
7. (8) No person shall possess, transfer or breed any living specimen of any animal species listed in Schedule IV except in conformity with this section and the rules made by the Central Government in this behalf.
8. (9) The form, manner and period for reporting possession, transfers, and births, deaths, and registration of the same under this section shall be as prescribed by the Central Government.]

1[49N. Application for Licence by breeders of Appendix I species.--(1) Every person who is engaged in breeding in captivity or artificially propagating any scheduled specimen listed in Appendix I of Schedule IV shall make, within a period of ninety days of the commencement of the Wild Life (Protection) Amendment Act, 2022, an application for a licence to the Chief Wild Life Warden.

1. (2) The form and manner of the application to be made to the Chief Wild Life Warden under sub-section (1), the fee payable, the form of licence, the procedure to be followed in granting or cancelling the licence shall be such as may be prescribed by the Central Government.]

1[49P. Prohibition on alteration, etc.-- No person shall alter, deface, erase or remove a mark of identification affixed upon the scheduled specimen or its package.]

1[49Q. Species and scheduled specimens to be Government property.-- (1) Every species or scheduled specimen, in respect of which any offence against this Act or rules made thereunder has been committed, shall become the property of the Central Government and the provisions of section 39 shall, without prejudice to the Customs Act, 1962 (52 of 1962), apply, mutatis mutandis, in relation to species and scheduled specimens as they apply in relation to wild animals, captive animals and animal articles.

1. (2) Where a living specimen of a species listed in Schedule IV has been seized under this Act or the Customs Act, 1962 (52 of 1962) or any other law for the time being in force as a result of import into India in contravention of this Act, the Management Authority shall, after consultation with the country of export, return the specimen to that country at the expense of that country, or ensure that it is housed and cared for by a recognised zoo or rescue centre in case it cannot be returned to the country of export.
2. (3) The Management Authority may for such purposes consult the Scientific Authority as it deems appropriate.]

1[49R. Application of provisions of Act in respect of species listed in Schedule I or II and Schedule IV. -- (1) Where the same species is listed in Schedule I or II and Schedule IV, then, the provisions of this Act applicable to such species listed in Schedule I or II and the rules made thereunder shall apply.

1. (2) Nothing in sections 49M, 49N or 49-O shall apply to a species listed in Schedule I or Schedule II if the same species is also listed in Scheduled IV.
2. (3) The provisions of this Chapter shall be subject to the provisions of Chapters III, IIIA, IVA, V, VA and VIA and without prejudice to anything contained therein.]