39Wild 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*** or 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, wheresuch 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.
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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 Act 44 of 1991, s. 27, for "derived from such animal" (w.e.f. 2-10-1991).
- 39 Wild animals, etc., to be Government property
- 40 Declaration
- 40A Immunity in certain cases
- 41 Inquiry and preparation of inventories
- 42 Certificate of ownership
- 43 Regulation of transfer of animal, etc
- 44 Dealings in trophy and animal articles without licence prohibited
- 45 Suspension or cancellation of licences
- 46 Purchase
- 47 Maintenance of records
- 48 Purchase of animals, etc., by licensee
- 48A Restriction on transportation of wild life
- 49 Purchase of captive animal, etc., by a person other than a licensee