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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 24] NEW DELHI, TUESDAY, JANUARY 25, 1977/MAGHA 5, 1898

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF AGRICULTURE AND IRRIGATION

(Department of Agriculture)

NOTIFICATIONS

New Delhi, the 25th January 1977

G.S.R. 33(E)—In exercise of the powers conferred by Sub-Section (3) of Sec- tion 1 of the Wild Life (Protection) Act, 1972 (53 of 1972), the Central Govern- ment hereby appoints the 26th day of January, 1977, as the date on which the said Act shall come into force in the State of Assam.

[No. J. 11012/4/75-FRY(WL)]

(95)

G.S.B. 34(E).—In exercise of the powers conferred by Clause (a) Sub-section (1> of Section 63 of the Wild Life (Protection) Act, 1972 (53 of 1972), the Central Government hereby makes the following rules, namely.—

1 Short title, extent and commencement.—(l) These rules may be called the Assam Wild Life (Stock Declaration) Rules, 1977.

(2) They shall extend to the whole of the State of Assam.

(3) They shall come into force on the ifith, day of January, 1977

2. Declaration by manufacturer or dealer or taxidermist in, animal article etc.— Every manufacturer of, or dealer in, animal article or every dealer in captive ani- mals, trophies or uncured trophies or every taxidermist shall, within fifteen days frtom the commencement of the Wild Life (Protection) Act, ,1972, declare as re- quired by sub-section (2) of section 44 of the said Act his stocks of animal arti- cles captive animals, trophies and uncured trophies as the case may be, as on the 'dale of such declaration to the Chief Wild Life Warden in the form given below —

FORM

(See rule 2)

Form of Declaration

To

The Chief Wild Life Warden, State of Assam.

1 Full name and address of the manufacturer/dealer/taxidermist making the declaration.

2 Actual stock held on the date of declaration in animal articles. (I) Description Including name of animal from which derived (n) Number. (in) Dimension or weight (IV) Premises where kept.

3 Actual stock held on the date of declaration in' captive animals

(i) Species and sex (u) Number. (ill) Adult or juvenile, (iv) Premises where kept.

4 Actual stock held on the date of declaration in trophies

(1) Description including specie of animal, (n) Number (ill) Dimension or weight (iv) Premises where kept

5. Actual stock held ori the date of declaration in uncured trophies.

(1) Description including specie of animal, (ii) Number. (in) Dimension or weight, (iv) Premises where kept.

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6. Remarks If any

I do hereby declare that the Information given above is true to the best of my knowledge and belief

Signature of the person making declaration. Date Place •

[No J, 11012/4/75-FRY(WLn

G.S.K. 3 5 ( E ) " - In exercise of the powers conferred by clause r(b) of sub-section (1) or section G3 of t he Wild Life (Protection) Act, 1972 (53 of 1972), the Central Government hereby makes the following rules, n a m e l y .—

1 Short title, extent wr\& c o m m e n c e m e n t — ( 1) These rules m ay be called t he Assam Wild Life (Transactions and T a x i d e r m y) Rules, 1977

(2) They shall extend to t he whole of t he State of Assam

(3) Th'ey shall come Into force on the 26th day of J a n u a r y, 1977

2 Definitions,—In these rules, unless the context otherwise r e q u i r e s ,^ (a) "Act" means t he Wild Life (Protection) Act. 1972 (53 of 1972);

(b) "Form" means a Form appended to these rules;

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(c) "Licensee" means a licensee under Chapter V of the Act;

(d) "Officer" means the Chief Wild Life Warden or any other officer which the State Government may, for the purposes of these rules, by notifi- cation In the Official Gazette, appoint,

(e) "Specified animal" means any animal which is specified in Schedule I,

or Part II of Schedule II, to the Act and which—

(i) captured or kept or bred in captivity, or (il) found wild in nature.

3 Acquiring receiving or keeping specified animal, etc. In control custoday or

possession or put under process of taxidermy or make animal article, etc.—(1) No licensee shall—

(i) acquire, receive, keep in his control, custody or possession any specified animal or any animal article, trophy, uncured trophy or meat derived therefrom, or

(n) put under a process of taxidermy or make animal article containing part or whole of such animal,

except with the previous permission of the Officer.

(2) Every application for such permission shall be made in Form 1.

(3) On receipt of an application made under sub-rule (2), the Officer may, after making such inquiry as he may think fit and within a period of fifteen days from the date of receipt of the application, either grant or refuse to grant the permission-

Provided that no such permission shall bo granted unless the Officer is satis- fied that the specified animal or animal article, trophy, uncured trophy or meat, referred to in sub-rule (1), has been' lawfully acquired

(4) Where the Officer refused to grant the permission, he shall record the rea- sons for SO doing and a copy of the reasons so recorded shall be communicated to the licensee applying for the permission

(5) Every permission granted under sub-rule (3) shall be in Form II.

4 Submission of report of stocks.—(1) Every licensee to whom permission has been granted under sub-rule (3) of rule 3 shall submit, to the Officer who had granted the said permission a report regarding the stocks of specified animal or animal article, trophy, uncured trophy or meat, referred to in sub-rule (1) of rule 3, in Form III within a period of seven days of the acquisition, receipt or keeping of the same m his control, custody or possession.

(2) The Officer, after receiving such report may arrange to affix identification marks on' such stocks,

5 Scale of specified animal, etc.—(1) No licensed dealer shall sell or offer for sale any specified animal or any animal article, trophv or un cured trophy derived therefrom except to & person authorised to purchase by a permission granted by the Officer and where the sale is effected the purchaser shall surrender the per- mission to the licensed dealer.

(2) Every application for permission to purchase shall be made in Form IV.

(3) On receipt of an application made under sub-rule (2), the Officer may, after making such inquiry as he may think fit and within a period of ten days from the date of receipt of the application, either grant or refuse to grant the permission.

(4) Where the Officer refuses to grant the permission he shall record the rea- sons for so doing and a copy of the reasons so recorded shall be communicated to the persona applying for the permission

(5) Every permission granted under sub-rule (3) shall be in Form V.

(6) Every permission granted under sub-rule (3) shall be valid up to a pettod of one month from the date of issue of the same.

(7) Every licensed dealer at the time of cash sale, issue a voucher in relation to the specified animal or animal article, trophy or uncured trophy, referred to In sub-rule (1), to the person authoised to purchase

(8) Each voucher shall contain the following particulars, namely, (a) Date of issue of voucher, (b) The amount of price realised or to be realised, (c) Name and address of the licensed dealer issuing the voucher; (d) Name and address of the person to whom the voucher is issued; (e) Permission number of the person authorised to purchase;

(f) Description of the specified animal/animal article/trophy/uncured trophy derived therefrom and number,

(g) Whether such specified animal/animal article/trophy/uncured trophy was/were required to be declared under section 44 of the Wild Life (Protection) Act, 1072 (53 of 1972), and If so, whether it/they has/ have been declared,

(h) Signature of the licensed dealer issuing the voucher,

(l) Signature of the person to whom the voucher is issued,

6, Taxidermy or making animal article—(1) Every licensed taxidermist or licensed manufacturer shall, at the time of returning the trophy or animal article, issue a voucher to the owner of the said trophy or animal article

2 Each voucher shall contain the following particulars, namely •_

(d) Date of issue of voucher;

(b) Charges realised or to be realised;

(c) Name and address of the licenced taxidermist/manufacturer issuing the voucher;

(d) Name and address of the person to whom the voucher is issued;

(e) Description of the trophy/animal article and number;

(f) Whether uncured trophy/trophy/ammal article was required to be dec- lared under section 40 or section 44 of the Wild Life (Protection) Act, 1972 (53 of 1972), and if so, whether it/they has/have been dec- lared,

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(g) Signature of the licensed taxidermist/manufacturer issuing the voucher.

7 Maintenance of vouchers.—(1) The voucher referred to in rule 5 or rule 6 shall be in triplicate and serially numbered

(2) The duplicate and the triplicate copy of the voucher shall be retained by the licensed dealer, licensed taxidermist or licensed manufacturer and the origi- nal copy of the voucher shall be given to the person referred to in sub-rule (7) of rule 5 or sub-rule (1) of rule 6,

(3) Every book containing blank vouchers shall be presented to the Officer for affixing his initials or stamps on such books before it is brought into use.

(4) (a) Every licensed dealer licensed taxidermist or licensed manufacturer shall send, in monthlv hatches not later than the seventh day of every month the duplicate copies of vouchers retained by him, to the Officer

(b) Every permission surrendered to a licensed dealer at the time of sale shall also be enclosed along with the duplicate copies aforesaid

8, Transport of specified animal, etc.—.(1) No licensee shall transport from one place to another within the State any specified animal animal article, trophy or uncured trophy derived therefrom, except with the previous permission of the Officer

(2) Every application for such permission shall be made in Form VI

roi

(3) On receipt of an application: made under sub-rule (2) the Officer may, after making such Inquiry as he may think fit and within a period of seven days from the date of receipt of the application, either grant or refuse to grant the permissions

Provided that no such permission shall be granted unless the Officer ig satis- fied that the specified animal or animal article, trophy or uncured trophy referred to m tub-rule (1), has been lawfully acquired.

(4) Where the Officer refused to grant the permission, he shall record the rea- sons for so doing and a copy of the reasons so recorded shall be communicated to the licensee applying for the permission.

(5) Every permission granted under sub-rule (3) shall be in Form VII

9 Appeal—(1) Any licensee or a person aggrieved by an order made by the Chief Wild Life Warden or any other officer granting the permission under sub- rule (3) of rule 3, sub-rule (3) of rule 5 or sub-rule (3) of rule 8 may prefer an appeal—

(I) if the order is made by an officer other than the Chief "Wild Life War- den, to the Chief Wild Life Warden, or

(ii) if the order is made by the Chief Wild Life Warden, to the State Gov- ernment

(2) In the case of an order passed In appeal by the Chief Wild Life Warden under clause (i) of sub-rule (1), a second appeal shall lie to the State Government.

(3) No appeal shall be entertained unless it is preferred within fifteen days from the date of the communication to the applicant of the order appealed ogamst

Provided that the appellate authority may admit any appeal after the expiry of the period aforesaid, if it iB satisfied that the appellant had sufficient cause for not preparing the appeal in time,

FORM I

[See sub-rule (2) of rule 3]

Application for permission, to acquire, receive, keep specified animal animal

article etc , or put under process oil taxidermy or make animal article.

To

The

Sir, r- • • • • • residing at Taluk dstnct . , and holding licence No granted under section 44(4) of the Wild Life (Protection) Act, 1972 "(53 of 1972) request that I may be granted permission to acquire/receive/keep in my control/ custody/possession specified animal/animal artlcle/trophy/uncured trophy/meat derived from special animal and/or put under process of taxidermy/make anYmal article containing part/whole of such animal ™ t he Particulars in relation to such specified animal/animal t.²i¹Jurl^Bh, b e l o w

J

article/trophy/uncured trophy/meat —

(1) Species of animal. (21 Number. (3) Description (including sex, if possible) (4) Source from which to be obtained,—

(i) Address and Licence Number, if any,

(u) Whether declaration made/permission/llcence obtained under sections 40, 43, or 44 of the Wild Life (Protection) Act. 1972 and if so the particulars.

(5) Particulars of certificate of ownership. (H) Identification mark, if any.

(7) Premises in which intended to be kept. (ff) Purpose for which to be acqulred/recexved/kept in control/custody/ possession.

(9) If to be put under process of taxidermy or to make animal articles—

(a) Number of the trophies/articles to be made, (b) Description of such¹ trophies/articles (o) To Whom they will be returned. (d) Probable date within which they will be so returned.

3. I hereby declare that to the best of my knowledge and belief the informa- tion furnished herein is true and complete.

Signature of the applicant.

Strike out whichever is not applicable

FORM II

[See sub-rule (5) of rule 3]

Permission to acquire, receive, keep in control, custody or possession specified ani-

mal of animal articles etc., or put under process of taxidermy or make animal

articles.

ici3

FORM III

[See sub-rule (1) of rule 4]

Rfioort of stocks.

To

The

1. Full name, address and licence Number of the licensee

2 Stock held on the date of report in specified animals

(a) Species and sex (b) Number. (c) Adult or Juvenile. (d) Premises where kept.

3. Stock held on the date of report in animal articles

(a) Description, including specie of animal from which derived (b) Number. (c) Dimension or weight, (d) Premises where kept.

4 Stock held on the date of report in trophies.

(a) Descuptlon, including specie of animal from derived, (b) Number. (c) Dimension or weight. (d) Promises where kept

5, Stock held on the date of report in uncured trophies.

(a) Description, including specie of animal from derived. (b) Nujnber. (c) Dimension or weight, (d) Premises where kept.

6 Remarks, if any.

I do hereby declare that the information given above is true to the best of my knowledge and belief

Signature of the person making

declaration.

Place Date

Strike out whichever is not applicable

FORM IV

[See sub-rule (2) of rule 5]

Application for permission to purchase speci/ied animal, etc.

To

The

Sir,

I/We residing at Taluk

District request that I/We may be granted permission to pur- chase specified animal/animal article/trophy/uncured trophy derived from, spe- cified animal of the following description, from a licensee:—

(1) Number and description, of—

(a) specified animal,

(b) animal article, (c) trophy, (d) uncured trophy,

(2) Purpose for which the purchase is to be made.

3 I/We hereby declare that to the best of my/our knowledge and belief the information furnished herein is true and complete.

Signature (s) of the applicant(s).

Place. Date

Strike out whichever is not applicable,

FORM V

[See sub-rule (5) of rule 5]

Permission to purchase specified animal, etc.

S/Shrl of

is/are hereby permitted to purchase specified animal/ammal artlcle/trophy/uncured trophy derived from specified ammal of the following description from , for the purpose of

Number and description— (a) specified animal, (b) animal article, (c) trophy, (d) uncured trophy. Issue by me this day of

Signature Designation

. . ..

Seal' Place Date.

NOTE,—Thi;. permission shall be valid upto a period of one month from the date of issue

Strike out whichever is not applicable

FORM VI

(See sub-rule (2) of rule 8)

Application for permission to transport specified animal, etc.

To

The

Sir,

I , , residing at Taluk . . District and holding Licence No granted under section 44(4) of the Wild Life (Protection) Act, 1972 (53 of 1972) request that I may be granted permission to transport the following—•

(1) Species of specified animal or from which the animal article/cured trophy/uncured trophy is derived

(2) Number. (3) Description (including sex, if possible) C4) Identification mark, if any. TfD Source of procurement and the Licence/Permission Number. (6) Certificate of ownership, if any.

Ktf

(8) Route. (9) Period required for transport.

(10) Destination

2 I hereby declare that to the best of my knowledge and belief the information,

Signature of the applicant iurnishcd herein is true and complete Place Date: Strike out whichever is not applicable.

FORM VII

('See tub-rule (5) of rule 8)

permission to transport specified animal, etc.

Shri . , . holding Licence No granted under section 44(4) of the Wild Life (Protection; Act, 1972 (53 ot 1972) is hereby permitted to transport m the manner prescribed below specified animal/animal arUcle/cured trophy/ uncured trophy derived from specified animal, from to

(l) Mode of transport

0.1) Route (ill) Period allowed for transport (IV) Remarks

Issue by ma this , , , , day of . .

Signature . Designation

Seal. Place • Date¹

Strike out whichever is not applicable.

[No. J 11012/4/75-FRY(WL)l N. D JAYAL, Jt. Secy.