Section 49C. Declaration by dealers

49C. Declaration by dealers .—(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; (ii) scheduled animals and parts thereof; (iii) trophies and uncured trophies derived from scheduled animals; 1. Ins. by Act 44 of 1991, s. 33 (w.e.f. 2-10-1991). 2. Ins. by s. 34, ibid . (w.e.f. 2-10-1991). - (iv) captive animals, being scheduled animals; 1 [(v) ivory imported into India or articles made therefrom;] (b) the place or places at which the stocks mentioned in the declaration are kept; and (c) the description of such items, if any, the stocks mentioned in the declaration which he desires to retain with himself for his bona fide personal use. (2) On receipt of a declaration under sub-section (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 as may be, apply. (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 affix upon such items identification marks in such manner as may be prescribed: Provided that no such item shall be kept in any commercial premises. (4) No person shall obliterate or counterfeit any identification 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-sections (2), (3) and (4) of section 46 shall, so far as may be, apply in relation to appeals under this sub-section. (6) Where a person who has been issued a certificate of ownership under sub-section (3) in respect of any item,— (a) transfers such item to any person, whether by way of gift, sale or otherwise, or (b) transfers or transports from the State in which he resides to another State any such item, he shall, within thirty days of such transfer or transport, 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 certificate 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[2] [any scheduled animal, a scheduled animal article, or ivory imported into India or any article made therefrom.] 3[CHAPTER VB REGULATION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA 49D. Definitions .—In this Chapter, unless the context otherwise requires,— (a) "artificially propagated" means plants which have been grown under controlled conditions from plant materials grown under similar conditions; (b) "bred in captivity" means produced from parents in captivity; 1. Ins. by Act 44 of 1991, s. 35 (w.e.f. 2-10-1991). 2. Subs. by s. 35, ibid ., for "any scheduled animal or a scheduled animal article" (w.e.f. 2-10-1991). 3. Ins. by Act 18 of 2022, s. 30 (w.e.f. 1-4-2023). (c) "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington D.C., in the United States of America on the 3rd of March, 1973, and amended at Bonn on the 22nd of June, 1979, its appendices, decisions, resolutions and notifications made thereunder and its amendments, to the extent binding on India; (d) "export" means export from India to any other country of a specimen; (e) "import" means import into India from any other country of a specimen; (f) "introduction from the sea" means transportation into India of specimens of any species which were taken from the marine environment not under the jurisdiction of India or any other country; (g) "Management Authority" means the Management Authority designated under section 49E; (h) "readily recognisable part or derivative" includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species listed in Schedule IV; (i) "re-export" means export of any specimen that has previously been imported; (j) "Scientific Authority" means a Scientific Authority designated under section 49F; (k) "scheduled specimen" means any specimen of a species listed in Appendices I, II or III of the Convention and incorporated as such in Schedule IV; (l) "species" means any species, sub-species, or geographically separate population thereof; - (m) "specimen" means— (i) any animal or plant, whether alive or dead; (ii) in the case of an animal,— (A) for species included in Appendices I and II of Schedule IV, any readily recognisable part or derivative thereof; (B) for species included in Appendix III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendix III of Schedule IV in relation to the species; and (iii) in the case of a plant,— (A) for species included in Appendix I of Schedule IV, any readily recognisable part or derivative thereof; (B) for species included in Appendices II and III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendices II and III of Schedule IV in relation to the species; (n) "trade" means export, re-export, import and introduction from the sea.