REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY PUBLISHED BY AUTHORITY No. 33] NEW DELHI, MONDAY, MAY 36. 1986/JYAISTHA 5, 1908 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 26th May, 1986/Jyaistha 5, 1908 (Saka) The following Act of Parliament received the assent of the President on the 23rd May, 1986, and is hereby published for general information:— THE WILD LIFE (PROTECTION) AMENDMENT ACT, 1986 No. 28 OF 1986 [23rd May, 1986.] An Act further to amend the Wild Life (Protection) Act, 1972. BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows: —
1. (1) This Act may be called the Wild Life (Protection) Amendment Act, 1986.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint,
2. In the Wild Life (Protection) Act, 1972 (hereinafter referred to as the principal Act), in sub-section (1) of section 44,—
(a) in the opening paragraph,—
(i) for the words, brackets and figure "Except under, and in accordance with, a licence granted under sub-section (4), no Short title and commencement. Amendment of section 44. 53 of 1*72.
(1) THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Insertion of new Chapter VA. Definitions, Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals. person shall", the words, figures, letter and brackets "Subject to the provisions of Chapter VA, no person shall, except under, and in accordance with, a licence granted under sub-section (4)" shall be substituted;
(ii) after sub-clause (i), the following sub-clause shall be inserted, namely: — " (ia) a manufacturer of, or dealer in, any article made of ivory imported into India;";
(b) for the second proviso, the following proviso shall be substituted, namely: — "Provided further that nothing in this sub-section shall apply to manufacturers of, and dealers in, articles made of feathers of peacock.".
3. After Chapter V of the principal Act, the following Chapter shall be inserted, namely:—• 'CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES., ETC.., DERIVED FROM CERTAIN ANIMALS
49A. In this Chapter,—
(a) "scheduled animal" means an animal specified for the time being in Schedule I or Part II of Schedule II;
(b) "scheduled animal article" means an article made from any scheduled animal and includes an article or object in which the whole or any part of such animal has been used;
(c) "specified date" means—
(i) in relation to a scheduled animal on the commencement of the Wild Life (Protection) Amendment Act, 1986, the date of expiry of two months from such commencement; and (II) in relation to any animal added or transferred to Schedule I or Part II of Schedule II at any time after such commencement, the date of expiry of two months from such addition or transfer.
49B. (1) Subject to the other provisions of this section, on and after the specified date, no person shall,—
(a), commence or carry on the business as—
(i) a manufacturer of, or dealer in, scheduled animal articles; or
(ii) a taxidermist with respect to any scheduled animals or any parts of such animals; or (Hi) a dealer in trophy or uncured trophy derived from any scheduled animal; or
(iv) a dealer in any captive animals being scheduled animals; or a SEC, 1] ME GAZEtTE OF TNDIA EXTRAORDINARY 3
(v) a dealer in meat derived from any scheduled animal; or
(b) cook or serve meat derived from any scheduled animal in any eating-house.
Explanation.—For the purposes of this sub-section, "eatinghouse" has the same meaning as in the Explanation below sub-section (1) of section 44.
(2) Subject to the other provisions of this section, no licence granted or renewed under section 44 before the specified date shall entitle the holder thereof or any other person to commence or carry on the business referred to in clause (a) of sub-section (1) of this section or the occupation referred to in clause (b) of that sub-section after such date.
(3) Notwithstanding anything contained in sub-section (1) or subsection (2), where the Central Government is satisfied that it is necessary or expedient so to do in the public interest, it may, by general or special order published in the Official Gazette, exempt, for purposes of export, any corporation owned or controlled by the Central Government (including a Government company within the meaning of section 617 of the Companies Act, 1956), or any society registered under the Societies Registration Act, 1860 or any other law for the time being in force, wholly or substantially financed by the Central Government, from the provisions of sub-sections (1) and (2).
(4) Notwithstanding anything contained in sub-section CO or sub-section (2), but subject to any rules which may be made in this behalf, a person holding a licence under section 44 to carry on the business as a taxidermist may put under a process of taxidermy any scheduled animal or any part thereof,—
(a) for or on behalf of the Government or any corporation or society exempted under sub-section (3), or
(b) with the previous authorisation in writing of the Chief Wild Life Warden, for and on behalf of any person for educational or scientific purposes.
49C. (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; (iti) scheduled animals and parts thereof;
(iii) trophies and uncured trophies derived from scheduled animals;
(iv) captive animals, being scheduled animals;
(b) the place or places at which the stocks mentioned in the declaration are kept; and Declaration by dealers. 1 of 1956. 21 of 1860. 4 THE GAZETTE OF INDIA EJCTRAORDlNABY [PART ft—
(c) the description of such items, if any, of 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 (J), 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 ox 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 any scheduled animal or a scheduled animal article.'.
4. In section 51 of the principal Act,—
(a) in sub-section (1), for the words "contravenes any provision of this Act", the words, brackets, figure and letter "contravenes any provision of this Act (except Chapter VA)" shall be substituted;
(b) after sub-section (1), the (following sub-section shall be inserted, namely: — " (1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall Amendment of sectional. SEC. 1] THE GAZETTE OF INDIA EXTRAbROrNAR^ not be less than one year but which may extend to seven years and also with fine which shall not be less than five thousand rupees.".
5. In sub-section (1) of section 63 of the principal Act, after clause
(c), the following clause shall be inserted, namely:— "(d) any other matter which is required to be, or may be, prescribed.". C. RAMAN MENON, Additional Secy, to the Govt. of India. Amendment of section 63. b CORRIGENDA In the Central Excise Tariff Act, 1985 (5 of 1986) as published in the Garotte of India, Extraordinary, Part II, Section 1, dated the 20th January, 1986:— Page Line/Heading/Sub-hcading No. No. 2 7 9 26 40 45 3 17 37 4 ag 5 7 22 6 3 13 For goodse notifications and, if, occur the 0) Chapter heading Excise METAL chiled, shell; canister) CREAM Read goods, notification and, if occur, the '(0 Chapters headings, Excises MEAT chilled, shell, canister), CREAM, fHE QAOETtt OF INDIA iEXTRAORDtNARV [PAin t t -6 Page No. Lane/Hcading/Sub-heading No. 6concld. 7 9 *3 16 as 30 35 44 49
04.01, col. (3), — line 5 line 7 36 42
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CHAPTER 5, NOTES 1 (b), line a SECTION II, — line a line 4
CHAPTER 7, line 3
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CHAPTER 34, NOTES 3, line 1
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3403.31, col. (3) a6.03, col. (3) Heading, coL (3)
2901.10, col. (4)
3903.20, col. (4)
30.0s, col. (3)
30.03, line 8 For power Transfer "04.02" Transfer "04.03" PORDUCE; waste or NOTES Read - power: from col. (a) to col. (i). from col. (2) to col. (t). PRODUCE; waste of NOTE small, (for example small (for example, NOTE • • namely: CRUSTACEANS headings TOBACCO - ZINC COMPOUNDS good 150C 150C -ANTISERA; Bio-chemic; NOTES namely:— CRUSTACEANS, - - heading TOBACCO; ZINC) COMPOUNDS; goods i5«C i5°C ANTISERA; Bio-chemic: SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 Page No. 5i 53 56 59 64 66 67 69 72 73 77 80 81 83 87 9i Linc/Hoading/Sub-hrading No. NOTE 2, line 1
3206.19, col. (3)
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CHAPTER 38, NOTE (C), line 4 1
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4010.10
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4011.10 col. (3)
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4015.90, COL (3)
4407.10, col. (3) 2 For Headings - quartive praducts The PLATES, constitution; creoscte; foot wear, fiutings, POLY ESTERS —Of
3923.10
3933.30 hardened; --Of - - - --Of Hard Board ffica Read Heading curative products This PLATES constituent; creosote; footwear, flutings, POLYESTERS -Of 3923-10 39a3-9O hardened: -Of - -Of - Hardboard mica 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Page No. 94 96 97 101 103 104 105 106 108 n o 112 " 3 " 5 126 Line/Heading/Sub-heading No. For
4806.90, col. (3)
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CHAPTER 49, NOTE i(b), line 1 NOTE 12 (a)
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5001.20 col. (3) 29, col. (1)
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CHAPTER 52, NOTE 2, line a
5203.32, col. (4), line 2 21, col. (Sr)
53.09, col. (3), cl. (b), Unc 4 : cl. (c), line 7 12, col. (3), line 1 55°4-39
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5505.3a col. (3) 5505-33 55°5-34 55°5-35 55O5-41 55054a 55°5-43 co1- (3)
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5506.10, col. (3), line 8 -Other: 143 m » globes sclbcdges
1.03 Ni waterproofing, pe .5206 36 WATER PROOFING, TERIAL, Not - - power. FIBRES. Read -Other 1430 - - globes, selvedges - 5r-°3 Nil waterproofing, per
5206.36 WATERPROOFING, TERIAL), -Not power: FIBRES,— SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY j Page No. 137 ta8 i39 141 146 147 151 »54 155 158 164 166 168 l 6q 170 171 Line/Heading/Sub-1 wading No.
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CHAPTER 61, NOTE a fa)
CHAPTER 6a, NOTE I , Iin^ 3
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CHAPTER 69, NOTE a, line 1
7006.10, col. (4) 7006,90, col. (4)
CHAPTER 71, NOTE 6, line 6 2
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CHAPTER 74, NOTE I (iii)
(b), line 3
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CHAPTER 76, NOTE I (ii)
(a), line 3 Last but two lints
7603.10, col. (4)
7603.90, ml. (4) 76 08, col. (4) For - Bdassicrics brassk-rios, -Other goods product i a % inland (insignia); metal; minimum, Of iron Of steel deschling),
12.90 milimetros Heading No. R 4, On Rs. Read - - Brassieras brassierrs, -Other pioducts 35°:. 35% inlaid insignia) j nu.tal: minium , •Of iron -Of st«- de-scaling),
7412.90 millimctrt-^
3. Floadine; No. Rs. 4,000 Rs. 4,000 X0 THE GAZETTE OF INDIA EXTBAORDINAIIY [ P A B I II— Page No. 172 173 180 184 193 196 197 2 0 0 20O 214 336 228 ^35 236 237 Line/Heading/Sub-heading No. For
CHAPTER 78, lino 6
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CHAPTER 79, NOTE I , line 1
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8304.99 col. {3) 1 SECTION XVI, NOTE 3, line 3
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CHAPTER 85, NOTE 2,— line 2 line 3 NOT« 5 (b) (ii), line 4 SECTION XVII, NOTE -J
(c), line t
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CHAPTER 90, NOTE 2(a), line j
CHAPTER 92, linf- 2
CHAPTER 95, NOTE i(m), linu r. O5.01, col. (3), lill;- Jj •!)5.O4, '-"I- (3). linr .45.06, col. (3), Hni1- 4
CHAPTER 96, NOTE i(f),
96.0;;, c/>l. (3), line * oth^ Insert k l J5%" in col expression - n to or 4 0. 0 ING, STONE C- I N C O R P O R A ' l IGG Dat<^ Nob. arc etc. headings OF
84.85 or 91 OHF bobskighls, DOLLS, LAIRDS, TABLET ENN IS use dentistry CLOTHS Read other • (4). expressions - - in two or
8450.00 ING STONE, AC- INCORPORATING Rate No. arc etc.) heading O R 84, 85 or QI OF bobsleighs, DOLLS' LIARDS, TABLE-TENNIS) unr in <li ntiMrv CLOTHES SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY *» Page Llne/Heading/Sub-hcading No. No. 239 concld,
96.08, col. (3), line- 3 q6.o8, col. (3), line 8
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96.11, col. (3), line 5 240 Transfer 96.13 from col. (2) to
0.6.16, col. (3), line 6 For POROUSTIPPED AND SLIDING, PENCIL, LABFXS col. (1). FOR Read POROUS-TIPPED PENS AND SLIDING PENCIL LABELS), OR PRINTED BY THE GhNERAL MANAC.EE, (KWIhNMLNJ, OF INDIA PKESS, MINTO ROAD, NK.W PELHJ AND PUBLISHED BY THE CONTTtOHEH Or PUBLICATIONS, DELHI 1986