Bare ActsThe Wild Life Protection Act 1972

Section 49C

Declaration by dealer

Amendment status not verified — confirm the current text below against the official source.

Declaration by dealer. - (1) Every person carrying on the business or occupation referred to in sub-section (1) of Sec.49B shall, within thirty days from the specified date, declare to the Chief Wildlife Warden or the authorised officer, (a) his stock, if any, as at the end of the specified date of - (i) scheduled animal articles; (ii) scheduled animals and part thereof; (iii) trophies and uncured trophies derived from scheduled animals; (iv) captive animals, being scheduled animals; (v) ivory imported into India or article made therefrom.] (b) the place of places at which the stocks mentioned in the declaration are kept; and (c) the description of such items, if any, of the stocks mentioned in the declaration which he desires, to retain with himself for his bohafide personal use. (2) On receipt of a declaration under sub-section (1), the Chief Wildlife Warden or the authorised officer may take all or any of the measures specified in Sec.41 and for this purpose, the provisions of Sec. 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 Wildlife 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 Wildlife Warden are required for the bana 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- section (2), (3) and (4) of sec. 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 of otherwise, or (b) transfer 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 Wildlife 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 or scheduled animal article or ivory imported into India or any article made therefrom. 6] -------------------------------------------------------------------------- 1 Chap VA Inserted by Act 28 of 1986, sec.3. 2 Sec.49A(b) "has been used.... derivatives" substituted by Act 44 of 199 1, sec.33. 3 Sec.49(A)(c)(i) The word ‘and after "commencement"; omitted by Act 44 of 1991, sec.33. 4 Sec.49B(1)(a)(ia) Inserted by Act 44 of 199l,sec.34. 5 Sec49B(1)(a)(v) Inserted by Act 44 of 1991, sec.35. 6 Sec.49C(7) The words "any scheduled animal or a scheduled animal article or ivory imported into India or any article made therefrom." substituted by Act 44 of 1991, sec.35. CHAPTER VI Prevention and Detection of Offences

Section 49C – The Wild Life Protection Act 1972 | DailyLaw.ai