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Chapter 5: The Wild Life (Protection) Act, 1972

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Chapter V: Trade or Commerce in Wild Animals, Animal Articles and Trophies 

Section 39: Wild animals, etc., to be Government property

This highly important section declares that all protected animals and related articles belong to the State or Central Government, and sets rules for their handling.

  1. 39(1) Every-
    • Simple Translation: The following items are declared the property of the State Government (or Central Government, if found in a Central Protected Area):
    • 39(1)(a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section 29 or sub-section (6) of section 35 or kept or [bred in captivity or hunted] in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed *** or by mistake; and
      • Simple Translation: Any protected wild animal (not vermin) that is: (i) legally hunted (Section 11, 29, or 35), (ii) illegally kept captive, bred, or hunted, (iii) found dead, or (iv) killed by accident or mistake, becomes Government property.
      • Practical Example: A tiger cub born in an illegal private zoo, a deer found dead on the road, and an animal legally killed in self-defense all belong to the government.
    • 39(1)(b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed,
      • Simple Translation: Any animal product (trophy, uncured trophy, meat, animal article) that comes from an animal in clause (a) and is associated with a crime against this Act, becomes Government property.
      • Practical Example: A seized leopard skin rug or a packet of deer meat found in the possession of an unlicensed person is immediately Government property.
    • 39(1)(c) ivory imported into India and an article made from such ivory in respect of which any offence against this Act or any rule or order made thereunder has been committed;
      • Simple Translation: Any ivory brought into India (or item made from it) that is associated with a crime against this Act, becomes Government property.
      • Practical Example: A shipment of decorative ivory carvings intercepted at the port due to fraudulent documentation is immediately Government property.
    • 39(1)(d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act.]
      • Simple Translation: Any physical equipment (car, boat, gun, snare, net, tool) used to commit a wildlife offense and subsequently seized by authorities becomes Government property.
      • Practical Example: The rifle used by a poacher and the jeep used to transport the illegal carcass are seized and become property of the government.
    • …shall be the property of the State Government, and, where such animal is hunted in a sanctuary or National Park declared by the Central Government, such animal or any animal article, trophy, uncured trophy or meat [derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting] shall be the property of the Central Government.
      • Simple Translation: Default Ownership: The property belongs to the State Government. Exception: If the crime or hunting occurred inside a Sanctuary or National Park declared and managed by the Central Government (Section 38), the property belongs to the Central Government.
      • Practical Example: A seized illegal snare in a State-run forest belongs to the State. A seized illegal boat inside a Central Government-declared Marine National Park belongs to the Central Government.
  2. 39(2) Amy person who obtains, by any means, the possession of Government property, shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be.
    • Simple Translation: Any person who comes into possession of Government property (as defined in 39(1)) by any means must report it to the nearest police station or authorized officer within 48 hours. They must surrender the property if asked to do so.
    • Practical Example: A villager finds a freshly shed deer antler (a trophy, and therefore government property) in the forest. They must report the finding to the local forest guard or police within two days.
  3. 39(3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer-
    • Simple Translation: No person is allowed to take any action regarding Government property without written permission from the CWLW or an authorized officer:
    • 39(3)(a) acquire or keep in his possession, custody or control, or
      • Practical Example: A person cannot simply keep the deer antler they found, even after reporting it, without official written permission.
    • 39(3)(b) transfer to any person, whether by way of gift, sale or otherwise, or
      • Practical Example: An official cannot sell or give away a seized illegal firearm to another party.
    • 39(3)(c) destroy or damage, such Government property.
      • Practical Example: An officer cannot destroy an illegally acquired animal article before the court case has concluded and they have been formally authorized to dispose of it.

Section 40: Declarations

This section outlines the legal requirement for people to declare possession of certain protected animals and articles they owned when the Act began.

  1. 40(1) Every person having at the commencement of this Act the control, custody or possession of any captive animal specified in Schedule I or Part II of Schedule II, for animal article, trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept.
    • Simple Translation: When the Act started, anyone owning or possessing certain highly protected animals (Schedule I or Part II of Schedule II) or products derived from them (trophy, meat, dried skins, rhino horn, musk) must have formally declared the number, type, and location of these items to the CWLW or authorized officer within thirty days.
    • Practical Example: In 1972, a wealthy landowner who owned an old, preserved tiger skin rug (a trophy) had 30 days to officially report the item and its storage location to the authorities.
  2. 40(2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or otherwise transfer or transport any animal specified in Schedule I or Part II of Schedule II or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
    • Simple Translation: After the Act started, you cannot buy, receive, keep, sell, or transport any highly protected animal (Schedule I or Part II of Schedule II) or their related raw products (uncured trophy, meat, musk, rhino horn) unless you get prior written permission from the CWLW or authorized officer.
    • Practical Example: Selling an old, pre-Act tiger claw pendant requires specific written permission from the CWLW, even if the item itself was acquired legally before 1972.
  3. 40(2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003)acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I or Part II of Schedule II, except by way of inheritance.
    • Simple Translation: After the 2002 amendment, you cannot acquire, keep, or possess any highly protected animal or article unless you possess a formal Certificate of Ownership, or if you received the item through inheritance (it was left to you in a will).
    • Practical Example: If your grandmother legally owned an antique ivory piece (Schedule I article), you can acquire it if it is left to you in her will (inheritance), but you cannot buy it from a collector.
  4. 40(2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40:
    • Simple Translation: If you inherit a protected animal or article, you must notify (declare it to) the CWLW or authorized officer within ninety days. The process for verifying this inheritance will follow the general rules for declarations (Sections 41 and 42).
    • Practical Example: After inheriting an antique rhino horn piece, the recipient must notify the CWLW within 90 days. The CWLW will then verify the inheritance and, if valid, issue a new Certificate of Ownership.
    • Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.]
      • Simple Translation: These rules requiring a Certificate of Ownership or declaration by inheritance do not apply to live elephants.
      • Practical Example: The possession and transfer of a live elephant are governed by separate, specific rules, not these general declaration/inheritance rules.
  5. 40(3) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of section 38-1 or to a public museum.]
    • Simple Translation: The mandatory rules about declaring old stock (40(1)) and needing permission for future acquisition (40(2)) do not apply to officially recognized zoos or public museums, provided the zoos follow the rules for animal acquisition (Section 38-I).
    • Practical Example: A government-run public museum does not need to declare its pre-1972 animal skeleton collection (40(1)) or seek the CWLW’s specific permission to receive a dead, protected bird from the forest (40(2)).
  6. 40(4) The State Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer [any animal or animal article] or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I or Part II of Schedule II in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed.
    • Simple Translation: The State Government can issue a formal public notice requiring anyone to declare their possession of less protected trophies or skins from protected animals (excluding the highly controlled rhino horn or musk) in a prescribed manner and time limit.
    • Practical Example: The State Government publishes a notification requiring citizens to declare all possession of pre-1972 spotted deer skin rugs (Schedule II) within 60 days, even if they had not done so previously.

Section 41: Inquiry and preparation of inventories

This section outlines the process the Chief Wild Life Warden (CWLW) must follow after someone declares possession of protected items (under Section 40).

  1. 41(1) On receipt of a declaration made under section 40, the Chief Wild Life Warden or the authorised officer may, after such notice, in such manner and at such time, as may be prescribed,-
    • Simple Translation: Once the CWLW receives a formal declaration of ownership (Section 40), they or an authorized officer can, following official rules for timing and notification, take the following steps:
    • 41(1)(a) enter upon the premises of a person referred to in section 40;
      • Simple Translation: The officer can legally enter the location where the person stores the declared items.
      • Practical Example: The authorized officer issues a 7-day notice and then visits the declared storage facility to inspect the owner’s antique collection.
    • 41(1)(b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I and Part II of Schedule II and found thereon; and
      • Simple Translation: The officer can formally investigate the items and create an official, detailed list of the highly protected animals (Schedule I/Part II of Schedule II) and animal products found there.
      • Practical Example: The officer counts, photographs, and records the dimensions of every preserved leopard skin rug and every tusk in the declared stock.
    • 41(1)(c) affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed.
      • Simple Translation: The officer must place a permanent, official identification mark on the animals and articles according to official rules.
      • Practical Example: The officer affixes a small, non-removable metal tag with a unique registration number onto a claimed elephant tusk and the ear of a captive deer.
  2. 41(2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter.
    • Simple Translation: It is strictly illegal for anyone to erase, remove, deface, or illegally reproduce (counterfeit) any official identification mark placed on an animal or article.
    • Practical Example: If an owner attempts to file off the registration number etched onto their declared trophy, they commit a serious offense under this section.

Section 42: Certificate of ownership

This section covers the final step in legitimizing possession of protected items.

  1. 42. The Chief Wild Life Warden may, for the purposes of section 40, issue a certificate of ownership in such form, as may be prescribed to any person who, in his opinion, is in lawful possession of any wild animal or any animal article, trophy, uncured trophy and may, where possible, mark, in the prescribed manner, such animal article, trophy or uncured trophy for purposes of identification.
    • Simple Translation: If the CWLW believes a person is in legal possession of a protected animal or article (based on the Section 40 declaration and Section 41 inquiry), they can issue a formal Certificate of Ownership (in the prescribed form) and may add identifying marks to the item if feasible.
    • Practical Example: After successfully verifying a person’s inherited pre-Act tiger claw pendant, the CWLW issues a Certificate of Ownership, legally confirming the owner’s right to possess it.
    • Provided that before issuing the certificate of ownership in respect of any captive animal, the Chief Wild Life Warden shall ensure that the applicant has adequate facilities for housing, maintenance and upkeep of the animal.]
      • Simple Translation: If the item being certified is a live captive animal, the CWLW must first verify that the applicant has sufficient resources and infrastructure (housing, food, veterinary care) to maintain the animal properly.
      • Practical Example: The CWLW inspects the enclosure size, sanitation, and dietary plans before issuing an ownership certificate for an inherited captive bear.

Section 43: Regulation of transfer of animal, etc.

This section severely restricts the commercial exchange of protected items, even those that are legally owned.

  1. 43(1) No person having in his possession captive animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy.
    • Simple Translation: A person who holds a Certificate of Ownership for a protected animal or article is banned from selling, offering for sale, or transferring it for any commercial payment or benefit.
    • Practical Example: An owner of a certified antique ivory carving can legally possess it, but they cannot list it for sale or exchange it for cash or services.
  2. 43(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 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 authorised officer within whose jurisdiction the transfer or transport is effected.
    • Simple Translation: If an owner moves a certified item (e.g., trophy) from their home state to another state, or receives it from outside the state, they must report the transfer or transport to the local CWLW (or authorized officer) within 30 days.
    • Practical Example: A certified owner moves a family heirloom tiger tooth from Gujarat to Maharashtra. They must formally notify the CWLW of Maharashtra within one month of the item arriving.
  3. 43(3) Nothing in this section shall apply-
    • Simple Translation: The restrictions in Section 43 (transfer and sale bans) do not apply to the following items:
    • 43(3)(a) to tail feather of peacock and the animal article or trophies made therefrom;
      • Practical Example: Since peacock tail feathers are naturally shed, an owner is allowed to sell or commercially transfer a fan made from these feathers without violating the ban in this section.
    • 43(3)(b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-1, and transfer amongst zoos and public museums.]
      • Practical Example: Two officially recognized zoos can legally trade a pair of captive animals, provided they follow the Central Zoo Authority rules (Section 38-I).

Section 44: Dealings in trophy and animal articles without licence prohibited

This section mandates licensing for anyone running a business that deals with animal products.

  1. 44(1) Subject to the provisions of Chapter VA, no person shall, except under and in accordance with, a licence granted under sub-section (4)]—
    • Simple Translation: Subject to the absolute prohibitions in Chapter VA (Section 49B), no one can start or operate any business listed below without an official license:
    • 44(1)(a) commence or carry on the business as-
      • 44(1)(a)(i) a manufacturer of or dealer In, any animal article; or
        • Practical Example: A shop owner who sells leather goods made from the skin of certain non-Schedule I animals.
      • 44(1)(a)(ii) a taxidermist; or
        • Practical Example: A professional who preserves and mounts deer heads or other animal specimens.
      • 44(1)(a)(iii) a dealer in trophy or uncured trophy; or
        • Practical Example: A retailer specializing in the sale of antique, legally pre-Act bone carvings or mounted skulls.
      • 44(1)(a)(iv) a dealer In captive animals; or
        • Practical Example: A person operating a business that buys, sells, or breeds specific non-Schedule I captive animals.
      • 44(1)(a)(v) a dealer In meat; or
        • Practical Example: A butcher who sells meat from wild animals that were legally hunted/culled (e.g., vermin, or Schedule III animals under permit).
    • 44(1)(b) cook or serve meat In any eating-house:
      • Practical Example: A restaurant planning to serve wild boar meat (if legally procured) must obtain this specific license.
    • 44(1)(c) derive, collect or prepare or deal in snake venom;]
      • Practical Example: An institution handling snakes for venom extraction (outside of the specific exception in Section 12) needs this license.
    • Provided that nothing in this sub-section shall prevent a person, who, immediately before the commencement of this Act was carrying on the business or occupation specified in this sub-section, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed In writing that a licence cannot be granted to him:
      • Simple Translation: Businesses already operating when the Act began could continue to run for 30 days. If they applied for a license within those 30 days, they could continue operating until the official decision on their application was communicated in writing.
      • Practical Example: A taxidermist operating in 1972 had 30 days to apply for a license and could continue working until they received a written response from the CWLW.
    • [Provided further that nothing in this sub-section shall apply to the dealers in tail feathers of peacock and articles made therefrom and the manufactures of such articles.]
      • Simple Translation: Dealers or manufacturers who only handle peacock tail feathers (and items made from them) do not need to obtain this specific license.
      • Practical Example: A small workshop that exclusively produces decorative items using naturally shed peacock feathers is exempt from the Section 44 licensing requirement.
    • Explanation. For the purposes of this section, “eating-house” includes a hotel, restaurant or any other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging.
      • Simple Translation: The term “eating-house” covers all commercial food service establishments, such as hotels and restaurants, whether the food is charged separately or included in a package price.
      • Practical Example: A hotel offering an inclusive package where meat is served still qualifies as an “eating-house” and requires the appropriate license.
  2. 44(2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies, or every taxidermist shall, within fifteen days from the commencement of this Act, declare to the Chief Wild Life Warden his stocks of animals articles, captive animals, trophies and uncured trophies, as the case may be, as on the date of such declaration and the Chief Wild Life Warden or the Authorised officer may place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be.
    • Simple Translation: Within 15 days of the Act starting, all businesses listed (manufacturers, taxidermists, and dealers) must report their entire existing stock of animal articles, captive animals, trophies, and uncured trophies to the CWLW, who can then officially mark these items.
    • Practical Example: A dealer in antique animal articles had 15 days in 1972 to compile a full inventory of all their stock for government registration.
  3. 44(3) Every person referred to in sub-section (1) who intends to obtain a licence, shall make an application to the Chief Wild Life Warden or the authorised officer for the grant of a licence.
    • Simple Translation: Any person planning to start or continue one of the businesses mentioned in 44(1) must formally apply to the CWLW or an authorized officer for a license.
    • Practical Example: A taxidermist must submit a formal, written application to the CWLW to legally operate their business.
  4. 44(4) (a) Every application referred to in sub-section (3) shall be made In such form and on payment of such fee as may be prescribed, to the Chief Wild Life Warden or the authorised officer.
    • Simple Translation: The license application must be submitted to the CWLW in the official format and must include the fee set out in the rules.
    • 44(4)(b) No licence referred to in sub-section (1) shall be granted unless the Chief Wild Life Warden or the authorised officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be granted.]
      • Simple Translation: The license cannot be granted unless the CWLW (or officer) conducts a thorough investigation and is satisfied based on several factors: the applicant’s history and experience, the potential negative effect (implication) the business might have on wildlife, and any other required prescribed matters.
      • Practical Example: The CWLW rejects a dealer’s application after finding the applicant has a past conviction for smuggling protected artifacts and concluding the business poses a high risk to conservation efforts.
  5. 44(5) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to, which the licensee shall carry on his business.
    • Simple Translation: Every license must clearly state the exact location where the business can operate and any mandatory conditions or rules the licensee must obey.
    • Practical Example: A taxidermy license specifies the business address, and includes a condition that all raw materials must be sourced only from government auctions of legally culled animals.
  6. 44(6) Every licence granted under this section shall-
    • 44(6)(a) be valid for one year from the date of its grant;
      • Simple Translation: The license is only valid for a one-year period starting from the date it was issued.
    • 44(6)(b) not be transferable; and
      • Simple Translation: The license cannot be sold, given, or otherwise transferred to another person or business.
    • 44(6)(c) be renewable for a period not exceeding one year at a time.
      • Simple Translation: The license can be renewed, but only for a maximum of one year per renewal application.
  7. 44(7) No application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life Warden or the authorised officer is satisfied that-
    • Simple Translation: A renewal application cannot be rejected unless the licensee is given a fair chance to argue their case, and the CWLW (or officer) finds one of the following four reasons to be true:
    • 44(7)(i) the application for such renewal has been made after the expiry of the period specified therefor, or
      • Practical Example: The dealer submitted the renewal application three months after the license expired.
    • 44(7)(ii) any statement made by the applicant at the time of the grant or renewal of the licence was incorrect or false in material particulars, or
      • Practical Example: The dealer falsely stated on their original application that they had no criminal record.
    • 44(7)(iii) the applicant has contravened any term or condition of the licence or any provision of this Act or any rule made thereunder, or
      • Practical Example: The taxidermist was caught operating outside the approved premises listed on their license (a contravention of a license term).
    • 44(7)(iv) the applicant does not fulfil the prescribed conditions.
      • Practical Example: New rules were created requiring all licensees to install security cameras, and the applicant has failed to install them.
  8. 44(8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made in writing.
    • Simple Translation: The decision (either approving or denying) to grant or renew a license must always be given formally in a written document.
    • Practical Example: The CWLW must provide the rejected applicant with a signed letter detailing the reasons for the refusal.
  9. 44(9) Nothing in the foregoing sub-sections shall apply in relation to vermin.
    • Simple Translation: None of these rules about licensing, declaration, or renewal apply if the business deals only with vermin (animals listed in Schedule V).
    • Practical Example: A business that sells only rat poison or traps for common crows (vermin) does not need a license under Section 44.

Section 45: Suspension or cancellation of licences

  1. 45. Subject to any general or special order of the State Government, the Chief Wild Life Warden or the authorised officer may, for reasons to be recorded by him in writing, suspend or cancel any licence granted or renewed under section 44:
    • Simple Translation: The CWLW or an authorized officer can temporarily stop (suspend) or permanently revoke (cancel) a trade license, provided they record the reasons in writing and follow any instructions from the State Government.
    • Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.
      • Simple Translation: The officer must allow the licensee a fair chance to present their side of the case before suspending or canceling the license.
      • Practical Example: If a dealer is accused of violating their license conditions, the CWLW must schedule a hearing where the dealer can defend themselves before the license is revoked.

Section 46: Purchase (Appeals)

This section provides the legal route for challenging license decisions made under Sections 44 and 45.

  1. 46(1) An appeal from an order refusing to grant or renew a licence under section 44 or an order suspending or cancelling a licence under section 45 shall lie-
    • Simple Translation: If an officer refuses, suspends, or cancels a license, the aggrieved party has the right to appeal:
    • 46(1)(a) if the order is made by the authorised officer, to the Chief Wild Life Warden; or
      • Practical Example: If a District Forest Officer (an authorized officer) rejects a license renewal, the appeal goes to the CWLW.
    • 46(1)(b) if the order is made by the Chief Wild Life Warden, to the State Government.
      • Practical Example: If the CWLW rejects the initial license application, the appeal goes to the State Government (usually the Minister or Secretary of the Forest Department).
  2. 46(2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause (a) of sub-section (1), a second appeal shall lie to the State Government.
    • Simple Translation: If the CWLW hears an appeal (under 46(1)(a)) and still rejects it, the applicant has the right to a second, final appeal to the State Government.
    • Practical Example: The District Officer rejects the license, the CWLW rejects the first appeal, so the applicant now makes a final appeal to the State Minister.
  3. 46(3) Subject as aforesaid, every order passed in appeal under this section shall be final.
    • Simple Translation: Once the appeal process (up to the State Government, if applicable) is completed, the final decision is legally conclusive and cannot be appealed further within this Act’s framework.
  4. 46(4) An appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against:
    • Simple Translation: The appeal must be formally submitted within 30 days of the applicant receiving the written decision being appealed.
    • Practical Example: If the refusal order is delivered on June 1st, the appeal must be filed no later than June 30th.
    • Provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
      • Simple Translation: The appeal authority (CWLW or State Government) can still accept a late appeal if they are convinced the appellant had a good and unavoidable reason for missing the 30-day deadline.
      • Practical Example: An appeal submitted on the 35th day is accepted because the applicant was hospitalized and can prove it with medical records.

Section 47: Maintenance of records

This section details the mandatory record-keeping duties of licensees.

  1. 47. A licensee under this Chapter shall-
    • Simple Translation: Every licensed dealer or manufacturer must perform the following duties:
    • 47(a) keep records, and submit such returns of his dealings, as may be prescribed,-
      • Simple Translation: The licensee must maintain written records of all their business transactions and provide periodic, official summary reports (“returns”) as required by the rules:
      • 47(a)(i) to the Director or any other officer authorised by him in this behalf, and
        • Practical Example: The dealer submits an annual summary of all sales to the Central Director’s office.
      • 47(a)(ii) to the Chief Wild Life Warden or the authorised officer; and
        • Practical Example: The dealer submits a quarterly inventory report to the State’s CWLW.
    • 47(b) make such records available on demand for inspection by such officers.
      • Simple Translation: The licensee must immediately show their business records to any authorized officer who requests them for inspection.
      • Practical Example: An Authorized Officer shows up unannounced and demands to see the raw purchase and sales ledger, and the licensee must comply instantly.

Section 48: Purchase of animals, etc., by licensee

This section places specific prohibitions on what a licensed dealer can do, even with a valid license.

  1. 48. No licensee under this Chapter shall-
    • Simple Translation: A licensed dealer is not permitted to do the following:
    • 48(a) keep in his control, custody or possession,-
      • 48(a)(i) any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of sub-section (2) of section 44 has to be made but has not been made;
        • Practical Example: A dealer cannot possess any stock that they failed to report to the CWLW during the mandatory 15-day initial declaration period (Section 44(2)).
      • 48(a)(ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;
        • Practical Example: A dealer cannot purchase or keep any animal article that originated from an illegal source or was acquired without the required permit.
    • 48(b) (i) capture any wild animal, or
      • Practical Example: A licensed captive animal dealer cannot enter the forest to catch a wild deer, even if they have a license to sell captive animals.
    • 48(b)(ii) acquire, receive keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in Schedule I or Part II of Schedule II or any animal article trophy, uncured trophy or meat derived therefrom or serve such meat, or put under a process of taxidermy or make animal article containing part or whole of such animal, except in accordance with such rules as may be made tinder this Act;
      • Simple Translation: The licensee cannot deal with the most highly protected animals (Schedule I/Part II of Schedule II) or their products (including selling meat or using taxidermy on them) unless they follow additional, specific rules created for those items.
      • Practical Example: A taxidermist needs a separate, specific rule authorization (beyond their general license) to legally work on a Schedule I animal like a Snow Leopard.
    • Provided that where the acquisition or, possession, control or custody of such animal or animal article, trophy or uncured trophy entails the transfer or transport from one State to another, no such transfer or transport shall be effected except with the previous permission in writing of the Director or any other officer authorised by him in this behalf:
      • Simple Translation: If a protected animal or article needs to be moved between states, the transfer must be approved in writing beforehand by the Central Director or an officer authorized by the Director.
      • Practical Example: A licensed dealer must get written permission from the Central Director before shipping a legally acquired antique trophy from Mumbai (Maharashtra) to Kolkata (West Bengal).
    • Provided further that no such permission under the foregoing proviso shall be granted unless the Director or the officer authorised by him is satisfied that the animal or article aforesaid has been lawfully acquired.
      • Simple Translation: The Central Director can only grant inter-state transfer permission if they are certain that the item was acquired legally in the first place.

Section 48A: Restriction on transportation of wild life

This section places the legal burden on the people who carry the goods (transporters).

  1. 48A. No person shall accept any wild animal (other than vermin), or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf has been obtained for such transportation.]
    • Simple Translation: A transporter (e.g., a truck driver or shipping company) cannot agree to move protected animals, animal articles, or specified plants unless they first take reasonable steps (“due care”) to verify that the shipper has obtained a legal permit for the transportation from the CWLW or an authorized officer.
    • Practical Example: A logistics manager preparing a shipment must demand and check the official CWLW permit before accepting a crate containing non-vermin deer antlers for transport.

Section 49: Purchase of captive animal, etc., by a person other than a licensee

This section regulates who a private individual (non-licensee) can legally buy a protected item from.

  1. 49. No person shall purchase, receive or acquire any captive animal, wild animal, other than vermin, or any animal article, trophy, uncured trophy or meat derived therefrom otherwise than from a dealer or from a person authorised to sell or otherwise transfer the same under this Act:
    • Simple Translation: A private individual cannot buy, receive, or acquire any protected animal or animal product (not vermin) unless they get it from either: (i) an officially licensed dealer, or (ii) a person who is specifically authorized to sell or transfer that item under the Act.
    • Practical Example: A tourist wanting to buy a legally processed animal article must purchase it only from a shop that holds a dealer’s license. They cannot buy it from an unlicensed roadside vendor.
    • [Provided that nothing in this section shall apply to a recognised zoo subject to the provisions of section 38-1 or to a public museum.]
      • Simple Translation: This rule does not apply to transactions involving officially recognized zoos or public museums.

Chapter VA: Prohibition of Trade or Commerce in Trophies, Animal Articles, ETC., Derived from Certain Animals

This chapter establishes a complete, non-negotiable ban on trade in products derived from the most endangered species.

Section 49A: Definitions

This section defines key terms specifically for the purpose of the trade ban in this chapter.

  1. 49A(a) “Scheduled animal” means an animal specified for the time being in Schedule I or Part II of Schedule II:
    • Simple Translation: A “Scheduled animal” is any animal that is listed in the highest protection categories (Schedule I or Part II of Schedule II).
    • Practical Example: The trade ban in this chapter applies to products derived from a Tiger (Schedule I) or a Peacock (Part II of Schedule II).
  2. 49A(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 peacook, an article or trophy made therefrom and snake venom or its derivative.]
    • Simple Translation: A “Scheduled animal article” is any product made from a Scheduled animal.
    • Crucial Exclusion: This definition does not include the tail feathers of a peacock (or items made from them) or snake venom/its products.
    • Practical Example: A rug made from a Scheduled animal is banned for trade. However, a bottle of anti-venom (derivative of snake venom) is excluded from this ban.
  3. 49A(c) “Specified date” means-
    • Simple Translation: The “Specified date” is the date after which all trade of the relevant items is banned. This date varies depending on the item:
    • 49A(c)(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;
      • Practical Example: For animals that were protected when the 1986 Amendment Act began, the “Specified date” was exactly two months after that law started.
    • 49A(c)(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.
      • Practical Example: If a new animal is added to Schedule I in 2025, the trade ban for products derived from that animal will take effect exactly two months after the date of that addition.
    • 49A(c)(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).]
      • Practical Example: The ban on dealing in imported ivory took effect six months after the 1991 Amendment Act started.

Section 49B: Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals

This section imposes a near-total, absolute ban on the commercial activity defined in 49A.

  1. 49B(1) Subject to the other provisions of this Section, on and after the specified date, no person shall-
    • Simple Translation: Starting from the “Specified date” (see 49A), no person is allowed to carry on the following activities:
    • 49B(1)(a) commence or carry on the business as-
      • 49B(1)(a)(i) a manufacturer of, or dealer in, scheduled animal articles; or
        • Practical Example: Running a business that produces or sells tiger bone powder.
      • 49B(1)(a)(ia) a dealer in ivory imported into India or articles made therefrom or a manufacturer of such articles; or]
        • Practical Example: Operating a shop that sells imported ivory carvings.
      • 49B(1)(a)(ii) a taxidermist with respect to any scheduled animals or any parts of such animals; or
        • Practical Example: Running a business that stuffs or mounts the body of a Scheduled animal.
      • 49B(1)(a)(iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or
        • Practical Example: Selling antique, certified rhino horn trophies.
      • 49B(1)(a)(iv) a dealer in any captive animals being scheduled animals; or
        • Practical Example: Operating a business that sells captive tigers.
      • 49B(1)(a)(v) a dealer in meat derived from any scheduled animal; or
        • Practical Example: Operating a business that sells meat from a scheduled animal (even if it was culled under Section 11).
    • 49B(1)(b) cook or serve meat derived from any scheduled animal in any eating-house.
      • Practical Example: Serving tiger meat soup in a restaurant, even if the meat was supposedly legally obtained.
  2. 49B(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.
    • Simple Translation: Any trade license issued under Section 44 before the trade ban date is immediately canceled and invalid for the prohibited activities once the “Specified date” passes.
    • Practical Example: A dealer who held a valid Section 44 license to sell antique elephant tusks finds that their license is worthless for that specific trade after the Specified date for imported ivory passes.
  3. 49B(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).
    • Simple Translation: The Central Government can make an exception to this trade ban, only for the purpose of export, for its own corporations or companies that are largely funded by the government, provided this is in the public interest.
    • Practical Example: The Central Government may exempt a government-owned corporation from the trade ban to allow it to export legally acquired artifacts (like old museum pieces) for diplomatic purposes.
  4. 49B(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-
    • Simple Translation: A taxidermist who holds a license under Section 44 can still perform taxidermy on a Scheduled animal under two conditions, provided they follow additional rules:
    • 49B(4)(a) for or on behalf of the Government or any corporation or society exempted under sub-section (3), or
      • Practical Example: The taxidermist can prepare a specimen for the Forest Department’s educational display.
    • 49B(4)(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.
      • Practical Example: The taxidermist can stuff a naturally deceased Schedule I animal for a university’s science department, provided they get the CWLW’s written approval first.

Section 49C: Declaration by dealers

This section mandates how dealers must liquidate or register their stock before the trade ban takes effect.

  1. 49C(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-
    • Simple Translation: Anyone running a business that is about to be banned (under 49B(1)) must, within 30 days of the ban date, report the following information to the CWLW:
    • 49C(1)(a) his stocks, if any, as at the end of the specified date of-
      • 49C(1)(a)(i) scheduled animal articles;
      • 49C(1)(a)(ii) scheduled animals and parts thereof;
      • 49C(1)(a)(iii) trophies and uncured trophies derived from scheduled animals;
      • 49C(1)(a)(iv) captive animals being scheduled animals;
      • 49C(1)(a)(v) ivory imported into India or articles made therefrom;]
        • Practical Example: A dealer must submit a full inventory of all their banned stock (e.g., rhino horns, lion skins, imported ivory, captive tigers) within 30 days of the trade ban taking effect.
    • 49C(1)(b) the place or places at which the stocks mentioned in the declaration are kept; and
      • Practical Example: The declaration must specify the exact warehouse address where the listed items are stored.
    • 49C(1)(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.
      • Practical Example: The dealer lists a specific antique tiger-claw necklace from the stock that they wish to keep permanently for their own family (bona fide personal use), not for trade.
  2. 49C(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.
    • Simple Translation: The CWLW must follow the inspection and verification procedures laid out in Section 41 (entry, inquiry, inventory, and affixing identification marks) to verify this final declared stock.
  3. 49C(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:
    • Simple Translation: If the dealer requests to keep items for personal use, the CWLW can only issue a Certificate of Ownership (and must mark the items) if the Central Director approves, and the CWLW is satisfied that the items were legally acquired and are genuinely needed for non-commercial personal use.
    • Practical Example: The dealer who requested the necklace must prove legal acquisition. The CWLW then seeks the Central Director’s approval before granting a final Certificate of Ownership for that single item for personal use.
    • Provided that no such item shall be kept in any commercial premises.
      • Simple Translation: The items retained for personal use cannot be stored in the dealer’s business place (shop, warehouse, etc.).
      • Practical Example: The certified necklace must be moved from the dealer’s shop to their private residence.
  4. 49C(4) No person shall obliterate or counterfeit any identification mark referred to in sub-section (3).
    • Simple Translation: It is illegal to tamper with the official identification mark placed on the personally retained items.
  5. 49C(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.
    • Simple Translation: If the CWLW refuses to grant a certificate of ownership for a personally retained item, the dealer has the right to appeal, following the same appeal process defined in Section 46 (first to the CWLW or State Government, then possibly a second appeal).
  6. 49C(6) Where a person who has been issued a certificate of ownership under sub-section (3) in respect of any item-
    • Simple Translation: If an owner has a certificate for a personally retained item and:
    • 49C(6)(a) transfers such item to any person, whether by way of gift, sale or otherwise, or
      • Practical Example: The owner gifts the certified necklace to their son.
    • 49C(6)(b) transfers or transports from the State in which he resides to another State any such item,
      • Practical Example: The owner moves the certified necklace from their state to a new state.
    • …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.
      • Simple Translation: The owner must report the transfer (even a gift) or inter-state transport to the local CWLW within 30 days.
  7. 49C(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.]
    • Simple Translation: After the ban date, if you don’t have a Certificate of Ownership for a highly protected animal or ivory product, you cannot possess, sell, or transfer it.
    • Practical Example: If you fail to get a certificate for your antique ivory box, it is illegal for you to possess it or try to sell it.

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