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Wild Life (Protection) Act, 1972


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 there from;

 

(b) make animal articles containing part or whole of such animal;

 

(c) put under a process of taxidermy an uncured trophy of such animal, except with the previous permission in writing of the Chief Wild Life Warden or the authorized 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 authorized 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 authorized 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 authorized 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 authorized 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-

 

46[(a) to tail feather of peacock and the animal articles or trophies made there from;]

 

46[(b) to any transaction entered into by a recognized zoo subject to the provisions of section 38I or by a public museum with any other recognized zoo or public museum.]



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