MINISTRY OF
ENVIONMENT & FORESTS
NOTIFICATION
S.O. 445 (E) In exercise of the powers
conferred by sub-sections (1) and (3) of section 40A read with section 63 of
the Wild Life (Protection) Act, 1972 (53 of 1972), the Central Government
hereby makes the following rules, namely:
1. Short title and commencement
(1)
These rules may be called the declaration of
Wild Life Stock Rules, 2003.
(2)
They shall come into force on the date of their
publication in the Official Gazette.
2.
Definitions:
In
these rules, unless the context otherwise requires, -
(a)
Act means the Wildlife (Protection) Act, 1972
(52 of 1972);
(b)
form means the form annexed to these rules;
(c)
all other words and
expressions used in these rules shall have the meanings respectively assigned
to them in the Act.
3. Publicity
of intent of notification and Assistance in making application:-
(1) The Chief Wildlife Warden or the officer
authorized by the State Government in this regard shall cause to give wide publicity
to the intent of this notification in the regional language through electronic
or print media or such other means.
(2) The Chief Wildlife Warden or the officer
authorized by the State Government in this regard shall take necessary action
to assist the local communities and individuals especially the poor and
illiterate in the declaration of their possession, filling up the specified
form and any other matter connected therewith and shall make every attempt to
ensure that no individual or community associated with animals is deprived of
this opportunity.
4. Procedure for filing applications
(1) An application to the Chief Wildlife
Warden or the officer authorized by the State Government in this regard shall
be presented in the Form annexed to these rules by the applicant either in
person or by an agent or by duly authorized legal practitioner or sent by
registered post addressed to the Chief Wild Life Warden or the officer
authorized by the Sate Government in this regard of the concerned State or the
Union territory.
(2) The application under sub rule (1) shall
be presented in four complete sets within a period of one hundred and eighty
day from the date of publication of these rules.
(3) The applicant may attach to and present
with his application an acknowledgement slip as is given in the form which
shall be signed by the official receiving the application on behalf of the
Chief Wild Life Warden or the officer authorized by the State Government in
this regard in acknowledgement of the receipt of the application.
5
Presentation and scrutiny of applications :-
(1) The Chief Wildlife Warden or the officer
authorized by the State Government in this regard shall endorse on every
application the date on which it is presented or deemed to have been presented
under that rule and shall sign the endorsement.
(2) If on scrutiny, the application is found
to be in order, it shall be duly registered and give serial number.
(3) If the application, on scrutiny, is found
to be defective, the same shall be returned to the applicant within fifteen
days for rectifying the defects and resubmitting the corrected application
within fifteen days from the date of its receipt.
(4)
If the applicant fails to rectify the defect
within the time allowed under sub-rule (3), the Chief Wild Life Warden or the
officer authorized by the State Government in this regard may, by order and for
the reasons to be recorded in writing, decline to register the application.
6
Place of filing application :-
The applicant shall
file application with the Chief Wild Life Warden or the officer authorized by
the State Government in this regard.
7
Date and Place of hearing to be notified
The Chief Wild Life
Warden or the officer authorized by the State Government in this regard shall
notify to the parties the date, place and time of hearing of each application,
if required.
8
Decision on applications
(1) The Chief Wild Life Warden or the officer authorized by the
State Government in this regard shall verify the facts mentioned in the
application and make such inquiry as maybe required.
(2) The Chief Wild Life
Warden shall, as far as possible, decide the application within six months of
the date of its presentation and communicate the same to the applicant in
writing under his own signature by registered post.
9
Hearing on application ex-parte
Where on the date
fixed for hearing the application, the applicant fails to appear without
intimation, the Chief Wild Life Warden or the officer authorized by the State
Government in this regard may at their discretion adjourn or decide the
application ex-parte.
10
Inquiry by the Chief Wild Life Warden or
Authorized Officer
(1) The Chief Wild Life
Warden or the officer authorized by the State Government in this regard shall
conduct a detailed inquiry and take all actions as provided in section 41 of
the Act.
(2) A copy of the report
pertaining to sub-rule (1) f this rule, shall be provided to the applicant.
11.
Certificate of ownership
(1)
The Chief Wild Life Warden shall provide a
certificate of ownership to the applicant whose claim is found valid.
(2)
The certificate of ownership shall be provided
as per the provisions of section 42 of the Act.
(3)
The certificate of ownership shall contain the
facsimile of the identification mark and in case of live animals the
identification number of the transponder (microchip) implanted shall be
mentioned in the certificate.
12.
Dealing with declared objects:
Any captive
animal, animal article, trophy or uncured trophy declared under sub section (1)
of section 40A and in respect of which certificate of ownership has not been
granted or obtained, shall be treated as government property.
13. Order to be signed and dated
Every order of the
Chief Wild Life Warden shall be in writing and shall be signed and dated by the
Chief Wild Life Warden.
14.
Communication of order to parties:-
Every order passed
on the application shall be communicated to the applicant either in person or
by registered post free of cost.
[F.No 1-1-/2003 WL-I]
M.K. Sharma,
Director General of Forests and Spl. Secy.
FORM
APPLICATION UNDER SECTION 40A OF WILD LIFE
PROTECTION ACT, 1972 FOR CRTIFICATE OF OWNERSHIP
To
The Chief Wildlife Warden or the Authorized
Officer
State or Union Territory of
..
..
(i) I
,
,
..
..
(Surname)
(First Name)
(Middle Name)
son/ daughter of
..,
,
.
(Surname)
(First Name) (Middle
Name)
presenting residing at House
Number
. Taluk
District
State
.. (PIN Code)
. and having
permanent residence at
House No.
.. Taluk
.
District
State
.. (PIN
Code)
.
hereby declare that I am in control, custody or
possession of captive animal and / or its offspring bred in captivity / animal
article / trophy / uncured trophy / derived from animal (Strike out whichever
is not applicable) specified in Schedule 1 or part II of Schedule Ii of the
Wildlife (Protection) Act, 1972 having following description:-
1. Common
name of the animal species :
2. Zoological
name (Mention sub-species, if any) :
3. Description :
4.
State the condition of the item (provide four colour :
photographs of size 8 x 6
covering front, left and
right profile sand a
full photograph)
5. Number
of item :
6. Method
of procurement : Purchase/gift/inheritance/
any other mode specify
7.
Date of Procurement :
8.
Name of Person / institution from whom obtained :
9.
Address of person / institution referred to in
(6) above:
10.
Size (in metres / cms) :
(i)
Length
(ii)
Width
(iii)
Height
11.
Weight ( in kgs / gms) :
12.
Any other specific mark that can help in
identification of the item:
13.
Mention the age and sex in case of live animals :
(ii)
I hereby declare that the above referred
captive animal / item has been kept, stored or maintained at the following
address
..
.
(iii)
I hereby declare that the above referred
captive animal / item was acquired by me through legal means but no declaration
has been made by me under sub-section (1) or sub-section (4) of section 40 of
the Wild Life (protection) Act, 1972.
(iv)
I further declare that I have read and
understood the provisions contained in sections 40A, 42 and 43 of the Wild Life
(Protection) Act, 1972 and state that the above shall not be transferred to
anyone by any mode except by way of inheritance.
(v)
I hereby give my consent for fixing an
identification make to each item and transponder in case of captive animal and
assure that the mark or transponder will not be erased, altered or damaged and
in the event of any damage, alteration or change of the mark, I shall inform
the competent authority within twenty four hours.
I do hereby
declare that the information given above is true to the bet of my knowledge and
belief.
Place
:
Signature of the person making the
declaration
Date : (Name)
Receipt of the
application filed by Shri / Smt
/ __________________ presently residing at ______________________( Full address and Telephone Number) ______________ in the
Office of the ______________________ is hereby acknowledged seal
Signature
OFFICE SEAL