Section 49R of The Wild Life (Protection) Act, 1972
1[49R. Application of provisions of Act in respect of species listed in Schedule I or II and Schedule IV. -- (1) Where the same species is listed in Schedule I or II and Schedule IV, then, the provisions of this Act applicable to such species listed in Schedule I or II and the rules made thereunder shall apply.
- (2)Nothing in sections 49M, 49N or 49-O shall apply to a species listed in Schedule I or Schedule II if the same species is also listed in Scheduled IV.
- (3)The provisions of this Chapter shall be subject to the provisions of Chapters III, IIIA, IVA, V, VA and VIA and without prejudice to anything contained therein.]
Summary
- If a species is listed in both the international trade schedule and the local high-protection schedules, the local rules apply.
- This means species in Schedules I or II take priority over the general international trade provisions of Chapter VB.
- Certain sections regarding possession and breeding do not apply to species already heavily protected in Schedules I or II.
- The international trade chapter is always subject to other parts of the Act, such as rules on hunting and protected areas.
Practical examples
FAQ
1. Which rules apply if an animal is in both Schedule I and Schedule IV according to Section 49R of The Wild Life (Protection) Act, 1972?
Under Section 49R of the Act, the provisions applicable to species listed in Schedule I shall apply.
2. Does the international trade chapter override hunting rules under Section 49R of The Wild Life (Protection) Act, 1972?
No, Section 49R states that the provisions of the international trade chapter are subject to other chapters like Chapter III on hunting.
3. Are the breeding rules in Section 49-O applicable to Schedule I species under Section 49R of The Wild Life (Protection) Act, 1972?
No, Section 49R explicitly says that Section 49-O does not apply to a species listed in Schedule I or Schedule II.
Test yourself
Q1.According to Section 49R of The Wild Life (Protection) Act, 1972, if a species is listed in both Schedule I and Schedule IV, which rules take precedence?
Q2.Under Section 49R of the wildlife law, which sections are declared as not applying to species in Schedule I or II?
Q3.Under Section 49R of the wildlife law, the international trade regulations (Chapter VB) are subject to which other part of the Act?
Q4.What is the main purpose of Section 49R of The Wild Life (Protection) Act, 1972?