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.]