Section-44 Dealings in trophy and animal articles without license prohibited

---

Section-44 Dealings in trophy and animal articles without license prohibited

(1) ⁴⁷[Subject to the provisions of Chapter VA, no person shall, except under, and in accordance with, a license granted under sub-section (4)]-

 

(a) commence or carry on the business as-

 

(i) a manufacturer of or dealer in, any animal article; or ⁴⁸[***]

 

(ii) a taxidermist; or

 

(iii) a dealer in trophy or uncured trophy; or

 

(iv) a dealer in captive animals; or

 

(v) a dealer in meat; or

 

(b) cook or serve meat in any eating-house;

 

⁴⁹[(c) derive, collect or prepare, or deal in, snake venom:]

 

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 license to him, until the license is granted to him or he is informed in writing that a license cannot be granted to him:

 

⁵⁰[Provided further that nothing in this sub-section shall apply to the dealers in tail feathers of peacock and articles made there from and the manufacturers of such articles.]

 

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.

 

(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 authorized officer may place an identification mark on every animal article, captive animal trophy or uncured trophy as the case may be.

 

(3) Every person referred to in sub-section (1) who intends to obtain a license, shall ⁵¹[***] make an application to the Chief Wild Life Warden or the authorized officer for the grant of a license.

 

(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 authorized officer.

 

⁵²[(b) No license referred to in sub-section (1) shall be granted unless the Chief Wild Life Warden, or the authorized officer having regard to antecedents and previous experience of the applicant, the implication which the grant of such license would have in the status of wildlife 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 license should be granted.]

(5) Every license 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.

(6) Every license granted under this section shall-

 (a) be valid for one year from the date of its grant;

(b) not be transferable; and

 (c) be renewable for a period not exceeding one year at a time.

 

(7) No application for the renewal of a license shall be rejected unless the holder of such license has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life Warden or the authorized officer is satisfied that-

 (i) the application for such renewal has been made after the expiry of the period specified therefor, or

(ii) any statement made by the applicant at the time of the grant or renewal of the license was incorrect or false in material particulars, or

(iii) the applicant has contravened any term or condition of the license or any provision of this Act or any rule made thereunder, or

 (iv) the applicant does not fulfill the prescribed conditions. 

(8) Every order granting or rejecting an application for the grant or renewal of a license shall be made in writing.

(9) Nothing in the foregoing sub-sections shall apply in relation to vermin.

 View Previous | View Next