(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATAKA
No. FEE 103 FWL 2023
Karnataka Government Secretariat,
M.S. Building,
Bangalore, Dated:10-01-2024.
NOTIFICATION
Whereas the Wild Life (Protection) Act, 1972 (Central Act 53 of 1972), was
enacted with the objective of providing protection to the wildlife and wild animals
of the country. Prior to its enactment, hunting of wild animals and birds was either
outside any control of the State or was regulated as provided for in various
enactments.
And whereas, at the time of enactment of the said Act, it was not uncommon
to expect that at least some of the people of the State would have had wild animal
articles and trophies with them. As required under sub-section (1) of section 40 of
the Wild Life (Protection) Act, 1972, every person within thirty days from the date
of commencement of the said Act, shall declare to the Chief Wild Life Warden or
Authorized Officer about having wild animal article and trophy to declare to the
State and get ownership certificate.
And whereas, sub-rule (1) of rule 34 of the Wild Life (Protection) (Karnataka)
Rules, 1973 provides for declaration by any person who has in his control, custody
or possession, any animal article or trophy (other than the musk of a musk deer or
the horn of a rhinoceros or salted or dried skins derived from an animal specified
in schedule-I or Part-II of Schedule-II of the said rules, shall within thirty days from
the commencement of these rules, make a declaration in Form 11 to the Chief Wild
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Part – IVA
11
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BENGALURU, THURSDAY, 11, JANUARY, 2024(PUSHYA, 21, SHAKAVARSHA, 1945)
. 21
No. 21
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Life Warden or an Officer authorised by him in this behalf, to get ownership
certificate.
Whereas, in exercise of the powers conferred by section 40-A, read with
section 63 of the said Act, once again in the Declaration of Wild Life Stock Rules,
2003, it is provided to make an application to the Chief Wild Life Warden or the
officer authorized by the State Government in this regard within one hundred and
eighty days from the date of publication of the said rules.
And whereas, it seems that still some people may not have declared some or
all wild animal article and trophy that they may be possessing because of lack of
awareness of the laws, or the apparently small size of the article or trophy or the
custom of having the said article or trophy in the family, erroneous belief of the
properties and benefits that possession of such article or trophy etc.,. In the State
of Karnataka, there have been several cases which have come to the notice where
people from different category of society have been noticed possessing animal
article such as tiger and leopard claws, elephant tail hairs, etc., and cases have
been booked against them. Moreover, the Wild Life (Protection) Act, 1972 has been
amended vide the Wild Life (Protection) Amendment Act, 2022, in December 2022
and came into force from 1st day of April 2023. The schedules have been modified
extensively and various species which were not in the erstwhile schedule I, have
now been inserted in the Schedule I.
It is therefore considered necessary to provide one opportunity to these
people who missed out on declarations in the previously provided windows, to
surrender the said wild life article to the State, which is the property of the State
Government.
Now therefore, in exercise of the powers conferred by clause (f) and (h) of
sub-section (2) of section 64 of the Wild Life (Protection) Act, 1972 (Central Act 53
of 1972), the Government of Karnataka hereby makes the following rules, namely:–
RULES
1. Title and Commencement.- (1) These rules may be called the Wild Life
(Protection and Surrender of undeclared Wild Life or Animal article, trophy and
uncured trophy) (Karnataka) Rules, 2024.
(2) They shall come into force from the date of their publication in the Official
Gazette.
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(3) These rules shall not be applicable to any Wild Life or Animal article,
trophy and uncured trophy which has a certificate of ownership issued under the
Wild Life (Protection) Act, 1972.
2. Definitions.- (1) in these rules, unless the context otherwise requires,-
(a) “Act” means the Wild Life (Protection) Act, 1972 (Central Act 53
of 1972); and
(b) “Form” means a Form appended to these rules.
(2) Words and expressions used herein and not defined shall have the same
meaning, respectively, assigned to them in the Wild Life (Protection) Act, 1972
(Central Act 53 of 1972).
3. Surrender of undeclared Wild Life or Animal article, trophy and
uncured trophy.- (1) From the date of commencement of these rules, within a
period of ninety days, any person who has in his/their possession of Wild Life or
Animal article, trophy and uncured trophy which does not have a certificate of
ownership, may physically handover and surrender such item to the jurisdictional
Deputy Conservator of Forests (Territorial or Wild Life), Assistant Conservator of
Forests (Territorial or Wild Life), Range Forest Officer (Territorial or Wild Life) or the
Head of the Police Station, along with an affidavit in Form-1.
(2) In case the Wild Life or Animal article, trophy and uncured trophy which
does not have a certificate of ownership belong to a Club, Society, Company,
Institution etc., the surrender shall be made by any Member or Director or
Authorized signatory representing the said body.
4. No compensation for surrender.- There shall be no compensation
payable for surrender of any Wild Life or Animal article, trophy and uncured trophy,
whatsoever, and, once surrendered, he shall neither be entitled to take back any
of the article so surrendered nor the ownership certificate under the provisions of
Wild Life (Protection) Act, 1972, or the rules made there under.
5. Information on surrender.- The Authority to whom the surrender has
been made, shall inform to the Chief Wild Life Warden of all surrenders received by
him/them within seven days of the last day of the end of the period within which
all surrenders have to be done under rule 3.
6. Inquiry.- (1) After the receipt of the articles surrendered under the
provisions of these rules, the authority who has received the surrendered article
4
may make an inquiry to verify and confirm that the article surrendered are not
sourced from hunting of any Wild Animal after commencement of the Wild Life
(Protection) Act, 1972.
(2) In case it is found during the said inquiry, that any, some or all of the
surrendered article are indeed sourced from hunting of wild Animal after
commencement of the Wild Life (Protection) Act, 1972, the person who surrendered
the article shall be proceeded against under the Wild Life (Protection) Act, 1972,
and other Acts and rules made there under that may be applicable to the case,
including that of swearing of a false affidavit.
(3) All inquiries shall be completed by or before ninety days from the date on
which the Wild Life or Animal article, trophy and uncured trophy has been
surrendered to the concerned officers receiving the said article.
(4) In case the inquiry is not conclusive within the said period, the person
making the surrender of undeclared Wild Life or Animal article, trophy and
uncured trophy, may be given benefit of doubt, but with the caveat that he/they
can be proceeded against in case any evidence is found at a later date.
7. Surrendered articles to be the Government property.- All those
surrendered article where he/they have been proven clean or are afforded benefit
of doubt, the Wild animal article, trophy and uncured trophy surrendered as above
shall be the absolute property of the Government of Karnataka and shall be
disposed of, under the provisions of the Disposal of Wild Animal Articles Rules,
2023. Besides, in those cases where the inquiries result in proceedings against the
person surrendering the Wild Animal article, the surrendered article or trophy or
uncured trophy may be disposed off as per the directions of the jurisdictional
Courts.
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FORM 1
(See rule 3)
(To be executed on Stamp paper and notarized)
Application No……..
(To be filled by the Officer receiving the Articles)
To,
(Complete Designation and address of Authority to whom the surrender is being made.)
Sir/Madam,
I
(Name
and
parentage
of
person
making
the
surrender)______________________________residing at (full address of surrender
making person)____________________________________ having the contacts Mobile
No:…………………Landline
Phone
No.
………………………….Email
……………………………. am surrendering the following Wildlife /Animal article,
uncured and/or cured trophies that I have with me in my personal capacity /on
behalf of the entity (To be filled up only if surrender is on behalf of an entity other
than individual) namely:-
Sl.
No.
As
complete as
possible
detail of the
article or
trophy
Species of the
animal from
which has
come
Dimensions /Quantity of
the article /trophy
Any
unique
mark
on it
Length
(Max)
Width
(Max)
Weight
1
2
3
4
5
6
7
I State under oath that:
1.
This is a voluntary surrender for which I will not claim any compensation and
also shall not seek return of it at any point in future.
2.
The above articles /trophies surrendered are not the produce of any wild
animal illegally hunted, which would be an offence under the Wildlife
(Protection) Act, 1972.
3.
That, if after inquiry, in which I offer to cooperate fully, it is found that
any/some or all the surrendered article are sourced through illegal hunting
of Wild animal that would have been an offence under the Wildlife (Protection)
Act, 1972, the State is at full liberty to proceed against me under the said
Act and other laws that may be applicable, including swearing a false
affidavit.
Date:
Place:
(Name and Signature of Surrenderer)
BY ORDER AND IN THE NAME OF THE
GOVERNOR OF KARNATAKA,
(G. MANJULA)
UNDER SECRETARY TO GOVERNMENT,
FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT
(FOREST-A)
ಮುದÎಕರು ²ಾಗೂ ಪÎಾಶಕರು:- ಸಂಕಲ£ಾĩಾĸಗಳ…, ಕ£ಾಟಕ ªಾಜÍಪತÎ, ಸಾĸ ೇಂದÎ ಮುದΞಾಲಯ, ¦ೆಂಗಳˆರು
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
THAMMAIAH
Digitally signed by THAMMAIAH
DN: c=IN, st=Karnataka, 2.5.4.20=be54f34f4e31eae50203ca7fab5ceb3794f20a8460a2582ef28294d43b8f8b16, postalCode=560059, street=BANGALORE, pseudonym=ca58c76cf7e2445d7a4f3f51407e025e,
serialNumber=4d9b284dcc53d39f1425f50485de07dd86efa302a3fce3729eddea0c1b5098e0, ou=GOVERNMENT OF KARNATAKA, o=GOVERNMENT OF KARNATAKA, cn=THAMMAIAH
Date: 2024.01.11 19:07:31 +05'30'