Chapter VA§49A–49C
Prohibition of Trade or Commerce in Trophies, Animal Articles, etc., Derived from Certain Animals
Inserted by the 1986 amendment (and tightened in 1991 to bring imported ivory within its net). This chapter is the absolute trade ban on Schedule I and Schedule II Part II animals: after the 'specified date' no manufacture, dealing, taxidermy, eating-house service or meat trade in scheduled-animal articles is permitted — even existing §44 licences cannot save the activity. Pre-existing stocks must be declared, and only the Chief Wild Life Warden's certificate of ownership (with the Director's prior approval) permits bona fide personal use.
3 sections · MVP coverage
Definitions
Defines three terms for Chapter VA — 'Scheduled animal' (Schedule I and II Part II), 'Scheduled animal article' (any article made from such an animal, excluding peacock-tail-feather articles and snake venom), and 'Specified date' (two months from the 1986 amendment, or for imported ivory, six months from the 1991 amendment).
In this Chapter,— (a) "Scheduled animal" means an animal specified for the time being in Schedule I or Part II of Schedule II; (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 has been used but does not include tail feather of peacock, an article or trophy made therefrom and snake venom or its derivative; (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; (ii) in relation to any animal added or transferred to Schedule 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; (iii) in relation to 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).
Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals
From the specified date, no person may manufacture, deal, taxidermise, or cook/serve meat from a scheduled animal (or imported ivory). Existing §44 licences cease to authorise such activity. The Centre may, by Gazette order in the public interest, exempt a Centre-owned/financed corporation or society for export. State taxidermists may treat a scheduled animal only for Government or with the Warden's written authorisation for education/science.
(1) Subject to the other provisions of this Section, on and after the specified date, no person shall— (a) commence or carry on the business as— (i) a manufacturer of, or dealer in, scheduled animal articles; or (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 (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.
(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.
(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.
Declaration by dealers
Within 30 days of the specified date, every dealer must declare stocks, storage places and bona-fide-personal-use retainments. The Warden may apply §41 inquiry/inventory steps. With the Director's prior approval the Warden issues a certificate of ownership for personal-use items (no commercial premises). Transfer or inter-State movement of certified items must be reported within 30 days; non-holders cannot keep, sell or transfer such items after the specified date.
(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— (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; (v) ivory imported into India or articles made therefrom; (b) the place or places at which the stocks mentioned in the declaration are kept; and (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.
(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.
(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.
(4) No person shall obliterate or counterfeit any identification mark referred to in sub-section (3).
(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.
(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.
(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 any scheduled animal, a scheduled animal article, or ivory imported into India or any article made therefrom.