Section 40. Declarations

CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES 39. Wild animals, etc., to be Government property .—(1) Every— (a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section 29 or sub-section (6) of section 35 or kept or[1] [bred in captivity or hunted] in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed[2] * by mistake; and (b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed, 3 [(c) ivory imported into India and an article made from such ivory in respect of which any offence against this Act or any rule or order made thereunder has been committed; (d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act.] shall be the property of the State Government, and, where such animal is hunted in a sanctuary or National Park declared by the Central Government, such animal or any animal article, trophy, uncured trophy or meat[4] [derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting], shall be the property of the Central Government. (2) Amy person who obtains, by any means, the possession of Government property, shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be. (3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer— (a) acquire or keep in his possession, custody or control, or (b) transfer to any person, whether by way of gift, sale or otherwise, or - (c) destroy or damage, such Government property. 5[(4) Where any such Government property is a live animal, the State Government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural habitat. (5) Any such animal article, trophy or uncured trophy or meat derived from any wild animal, as referred to in sub-sections (1) and (2) may be disposed of by the State Government or the Central Government, as the case may be, in such manner as may be prescribed by the Central Government: Provided that such disposal shall not include any commercial sale or auction and no certificate of ownership shall be issued for such disposal.] 40. Declarations .—(1) Every person having at the commencement of this Act the control, custody or possession of any captive animal specified in Schedule I[6] *,[7] [or animal article, trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the 1. Subs. by Act 44 of 1991, s. 27, for "bred in captivity" (w.e.f. 2-10-1991). 2. The words "without a licence or" omitted by s. 27, ibid . (w.e.f. 2-10-1991). 3. Ins. by s. 27, ibid . (w.e.f. 2-10-1991). 4. Subs. by s. 27, ibid., for "derived from such animal" (w.e.f. 2-10-1991). 5. Ins. by Act 18 of 2022, s. 22 (w.e.f. 1-4-2023). 6. The words and figures "or Part II of Schedule II" omitted by s. 23, ibid. (w.e.f. 1-4-2023). 7. Subs. by Act 16 of 2003, s. 25, for "or any uncured trophy" (w.e.f. 1-4-2003). Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept. (2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or otherwise transfer or transport any animal specified in Schedule I[1] * or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer. 2[(2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I 1*, except by way of inheritance. (2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40: Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.] 3[(3) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of section 38-I or to a public museum.] (4) The State Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer[4] [any animal or animal article] or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I[1] * in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed. 5[40A. Immunity in certain cases .—(1) Notwithstanding anything contained in sub-sections (2) and (4) of section 40 of this Act, the Central Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive animal, animal article, trophy or uncured trophy derived from animals specified in Schedule I[6] * in his control, custody or possession, in respect of which no declaration had been made under sub-section(1) or sub-section (4) of section 40, in such form, in such manner and within such time as may be prescribed. (2) Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) shall not be proceeded with and all pending proceedings shall stand abated. (3) Any captive animal, animal article, trophy or uncured trophy declared under sub-section (1), shall be dealt with in such manner and subject to such conditions as may be prescribed.]