 to the wild life (proteciron) amli-id '-1ent bill, 1986 (to be/as introduced in 10k sabha)1 page 3, line 10,-w "suh- section" l:~ '!sub- sections" " r· 2 in the docket page,-;}fter "shri zr ansari," new delhi; t    mb~ , np86 __ - j« _ie ~                                                                   ~:: __  __ _  _  :-_______   bill no 54 of 1986 the wild life (protection) amendment bill, 1988 a billfurther to amend the wild life (protection) act, 1972 be it enacted by parliament in the thirty-seventh year of the republic of india as follows:-1 (1) this act may be called the wild i,ife (protection) amendment short 5 act, 1986 title (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 'and commf'ncemf'nt 2 in the wild life (protection) act, 1972 (hereinafter referred to as amt'tldthe principal act), in sub-section (1) of section 44,-ment of sectioll 44 (a) in the opening paragraph,--10 15 (i) for the words, brackets and figure "except under, and in accordance with, a licence granted under sub-section (4), no person shall", the words, figures letter and brackets "subject to the provisions of chapter va, no _person shall, except under, and in accorda'nce with, a licence granted under sub-section (4)" shall be substituted; (ii) after sub-clause (i), the following sub-clause shall be inserted, namely:-ii (ia) a manufacturer of, of !it;aler in, any article made of ivory importe!d ~~tt? jndia;"; (b) for the second proviso, the following proviso shall be substituted, namely: ~ "provided fj~ther that nothing in thi~ sub-section shall apply to manufacturers of, and dealers in, articles 'made of feathers of peacock" 3 after chapter v of the principal act, the following chapter shall be inserted, namely:-insertion of new chapter va  'chapter va paohibltion of trade or commerce in tropmes, antmal artlclb8, etc, derived from certain animals 49a in this chapter,-deftnitlons (a) "scheduled animal" mea'lls an arumal speclfted for the time being in schedule i or part ii of schedule ii; (b) "scheduled animal article" means an article made from any 'scheduled animal and includes an article or object in which 15 the whole or any part of such animal has been used; (c) "specified date" means-(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; and 20 (ii) in relation to any anima! added or transferred to schedule i or part it of schedule ii at any time after such commencement, the date of expiry of two months from such addition or transfer  49b (1) subject to the other provisions of this section, on and 25 after the specified date, no p~san shall,-(a) commence or carryon the business as-(i) a m~nufacturer of, or dealer in, scheduled animal art~c1es; or (ti) a taxidermist with respect to any scheduled animals 30 or any par~s of such animals; or prohibitionof deau in trophies animal articles, etc, derived from scheduled animala (iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or (iv) a dealer in any captive animals being scheduled animals; or 35 (v) a dealer in meat derived from any scheduled animal; or (b) cook or serve meat derived from any scheduled animal in any eating-house erplanation-for the purposes of this 'sub-section, "eatinghowle" has the same meaning a8 in the explanation below 40 8ub-l,iection (1) of section 44 (2) subject to the other provisions of this s~ction, 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 45 section or the occupation referred to in clause (b) of that sub-section after such date   5 1 of 1956 21 of 1860 10 (8) notwithstanding anything conta1i1ed in sub-section (i) or sub section (2), where the central government is satisfted 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 govemment (including a government company within the meaning of section 617 of the companies act, 1956), or any society registered under the societies registration act, 1860 or any other la:w for the time being in force, wholly or substantially financed by the central government, from the provisions of sub-section (1) and (2) (4) notwithstanding anything contained in sub-section (1) or 'bub-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 15 scheduled animal or any part thereof,-(a) for or on behalf of the government 0,1' any corporation or society exempted under sub-section (3), or (b) with the previous authorisation in writing of the chief wild life warden, for and on beha1f of any pet1;on for educational ~o or 'scientific purposes decjlaration by dealers 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,-' (a) his stocks, if any as at the end of the specified date of-(i) 'scheduled animal articles; (ti) scheduled animals and parts thereof; (ii~) trophies and uncured trophies derived from scheduled animals; (iv) captive animals, being scheduled animals; (b) the place or 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 bona fide personal use 35 (2) on receipt of a oeclaration under sub-scction (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 a's may be, apply 45 (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 aftix upon such items identification marks in such manner as may be prescribed: provided that no such item shall be kept for display in any commercial premises (4) no persall shan obliterate or counterfeit any identification 5 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-sectiom (2), (3) and (4) of section 46 shall, so far as may be, apply in relation to appeals under this sub-section 10 (6) where a person who has been issued a certiftcate' of ownership under sub-section (3) in respect of any item,-(0) tran'sfers such item to any person, whether by way of gift, sale or otherwise, or ' (b) transfers or transports from the state in which he 15 resides to another state any such item, he shall, within thirty days of such transfer or transpart, report the transfer or transport to the chief wild life 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 certift- 20 cate 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 a scheduled animal article'  4 in section 51 ,of the principal act,-aend-rlwl'el aeetien 51 (0) in sub-section (1), for the words "contravenes any provision 25 of this act", the words, brackets, figure and letter "contravenes any provision of this act (except chapter va)" shall be substituted; (b) after sub-section (1), the following sub-section shall be inserted, namely: - ii (1a) any person who contravenes any provisions of chapter 30 v a, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and also with ftne which shall not be less than ftve thousand rupees" 5 in 'sub-section (1) of section 63 of the principal act, aftel' claua_ 95 (c), the following clause shall be inserted, namely:-i' (d) any other matter which is required to be, or may be, prescribed" the wild life (protection) act, 1972 provides for the protection of wild animals and birds and for matters connected therewith or ancillary thereto 2 under the scheme of the act, trade or commerce in wild animals, animal articles and trophies within the country is permissible and is regulated under chapter v since there is hardly any market within the country for wild animals or articles and derivatives thereat, the stocks acquired for trade within the country are smuggled out to meet the demand in foreign markets this clandestine trade is abetted by illegal practices of poaching which have· taken a heavy toll of our wild an~mals and birds the stocks declared by the traders at the commencement of the wild life (protection) act, 1972 are still used as a cover for such illicit trade attempts to acquire the declared stocks of skins of some wild species have also not met with the desired success, mainly because most traders are not inclined to part with their stocks and thereby lose the ploy for illegal activities it is, therefore, necessary to suitably amend the act to prohibit trade in certain specified wild animals or their derivatives it is, therefore, proposed to provide that no one will be permitted to trade in wild animals specified in schedule i or part ii of schedule ii of the act or in any derivatives therefrom after a period of two months from the commencement of the amending act or two months from the date on which a wild animal is included in schedule i or part ii of schedule ii by notification issued under the provision! of the act all existing licences for mternal trade would be invalid thereafter further, no fresh licences would be granted for internal trade on such wild animals or their derivatives in future an exemption is being given to notified government of india undertakings who can purchase stocks from licensees during the specified period of two months for manufacturing articles from them exclusively for export the exemption at present available to dealers in ivory under the second proviso to section 44(1) is also being removed so as to enforce a total ban in dealing in indian ivory and simultaneously to provide for some regulation over the manufacture and trade of articjes made out of imported ivory 3 the bill seeks to achieve the above objects new delhi; the 30th april, 1986 z r ansar1  memorandum· regarding delegated legislationclause 5 of the bill seeks to amend sub-section (1) of section 63 of the wild life (protection) act, 19'72 80 as to make a residuary provision in that sub-section enabling the central govern·ment to make rules in respect of such other matters which are required to be or may be pres· cribed under the act the delegation of legislative ·power is thus normal in character (53 of 1972) - - - - - 44 (1) except under, and in accordance with a licence granted under lub-section (4), no person shall-(a) commence or carryon the business as-(i) a manufacturer of or dealer in, any animal article; or (ii) a taxidermist; or dealidp id trophy and animal articles without iic:odco probibiled (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: 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 specifted 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 provided further that nothin~ in this sub-section shall apply to manufacturers of and dealers in, articles made of ivory and feathers of peacocks explaf/ation-for the purpospc; of this section, "eatin~-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  - - - - - st (1) any person who contravenes any provision of this act or any penalties rule or order mnde thereunder or who commits a breach of any of the conditions 'of any licence or permit granted under thi!! act, shall be ltuilty of an offence allainst this act, and shall, on' conviction, be punishabje with imdrisonment for a term which may extend to two years, or with flne which may extend to two thousand rupees, or' with both: provided that where the nffencp committed is in relation to any animal i'inecifled in schedule i or part ii of schedule j1 or meat of any such an~mal or animal article, trodhy or uncured trophy' derived from such animal or where the offence relates to hunting in a sanctuary or a national , park, such offence shall be punishable with imprisonment for a term which shall not be less than six months but may extend to six years and also with fme which shall not be less than' five hundred rupees: provided further that in the case of a second or subsequent offence of the nature mentioned in the foregoing proviso the term of imprisonment shall not be "less than one year and the amount of the fine shall not be les8 than one thousand rupees - - -- - we  ,  a billfurther to amend the wild life (protection) act, 1972,  (shri z r amari ministry of state in the ifinilt", of environment and 1'000at) 