Section 43 of The Wild Life (Protection) Act, 1972
1[43. Regulation of transfer of animal, etc.--(1) No person having in his possession captive animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy.
- (2)Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from outside the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall, within thirty days of the 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. 2[Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.]
- (3)Nothing in this section shall apply--
- (a)to tail feather of peacock and the animal article or trophies made therefrom;
- (b)to transfer of captive animals between recognised zoos subject to the provisions of section 38-I, and transfer amongst zoos and public museums.]
Summary
- Owners are forbidden from selling or offering for sale any captive animal or trophy for which they have a certificate.
- Any transfer or transport of a certified animal or article to another state must be reported to the authorities within thirty days.
- Transporting a captive elephant for religious or other purposes is allowed but must follow specific conditions set by the Central Government.
- These strict transfer rules do not apply to peacock tail feathers or articles made from them.
- Captive animals can be transferred between recognized zoos and public museums without these restrictions.
Practical examples
FAQ
1. Can I sell my certified animal article under Section 43 of the Wild Life Protection Act?
No, Section 43 of the Wild Life Protection Act prohibits the transfer of such items by way of sale or commercial consideration.
2. How long do I have to report moving my certified trophy to another state under Section 43 of the Wildlife Act?
You must report the transfer or transport within thirty days to the Chief Wild Life Warden under Section 43 of the Wildlife Act.
3. Are there special rules for moving elephants in Section 43 of the 1972 Act?
Yes, Section 43 of the 1972 Act allows the transport of captive elephants for religious or other purposes subject to government terms and conditions.
Test yourself
Q1.Under Section 43 of The Wild Life (Protection) Act, 1972, what type of transfer is strictly prohibited for certified captive animals?
Q2.What is the deadline for reporting a cross-state transfer of a certified trophy under Section 43 of the Wild Life (Protection) Act, 1972?
Q3.According to Section 43 of the 1972 Act, which of these items is exempt from the regulation of transfer?
Q4.Under Section 42 and 43 of the Wild Life (Protection) Act, 1972, what must a person have before they are even allowed to possess and transfer a wild animal?