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CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES

Section 43: Regulation of transfer of animal, etc

The Wild Life (Protection) Act, 1972

1[(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.

(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.

2[Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.]

(3) Nothing in this section shall apply—

(a) to tail feather of peacock and the animal article or trophies made therefrom;

(b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-I, and transfer amongst zoos and public museums.]

Footnotes in the official text

  1. 1.Subs. by Act 16 of 2003, s. 28, for section 43 (w.e.f. 1-4-2003).
  2. 2.Ins. by Act 18 of 2022, s. 27 (w.e.f. 1-4-2023).

Questions on this section

1 question in 2 of our papers cite Section 43. Try these from the free papers:

  1. 1. Statement: Under Section 43(1) of the Wild Life (Protection) Act, 1972, a person holding a certificate of ownership for a captive animal, animal article, trophy or uncured trophy shall not transfer it by sale, offer for sale or any other mode of consideration of a commercial nature. Under Section 43(3)(a), nothing in the section applies to the tail feather of a peacock and animal articles or trophies made from it. Conclusions: I. R, who holds a certificate of ownership for a tiger-skin trophy, cannot sell it. II. Section 43 does not restrict S from selling articles made from peacock tail feathers. Which of the conclusions follow(s) from the statement?

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