4. Sections 38I and 38J: No zoo can acquire or transfer an elephant except with the previous permission of the CZA. Teasing and molesting captive elephants in a zoo is an offence. Recognition of Zoo Rules, 1992 framed by the Government of India under Section 63 prescribes standards and norms for keeping captive elephants and other animals subject to which the CZA may recognize or refuse to recognize a zoo. 5. Sections 40 (2) and 42: No person, without written permission of the CWLW or the AO, can keep an elephant in his control, custody or possession. The CWLW may issue an ownership certificate for this purpose. 6. Sections 40 (2) and 49: No person, without previous permission in writing from the CWLW or the AO, can acquire or receive an elephant. No person, other than a zoo recognized by the CZA, can purchase, receive or acquire an elephant otherwise than from a person authorized under the Act. 7. Section 49B (1): No person can commence or undertake business as a dealer in elephants on and after January 25, 1987. 8. Sections 43 and 49C (7): No person, who lacks a certificate of ownership, can sell or offer for sale or transfer whether by way of sale, gift or otherwise, an elephant without written permission of the CWLW or the AO. The said authorities, before granting permission, shall satisfy themselves that the elephant has been lawfully acquired and issue an ownership certificate to the applicant. Transactions between zoos recognized by the CZA are exempted from the aforesaid restrictions. 9. Section 43 (3): No person, who lacks a certificate of ownership, can transfer or transport an elephant from one state to another state without prior permission in writing from the CWLW or the AO of the destination state. 10. Section 43 (2): A person having an ownership certificate in respect of an elephant is required to inform (within 30 days) the CWLW or the AO of the destination state when he transfers or transports an elephant from one state to another. 11. Section 48A: No person can accept an elephant for transportation except after exercising due care to ascertain that permission from the CWLW or the AO has been obtained for such transportation. 12. Section 50: Any forest officer or any police officer of the rank of sub-inspector or above, or any wildlife official authorized by the State Government or the Central Government can, on the basis of reasonable suspicion, require any person to produce for inspection any captive elephant or animal article (including ivory articles) or trophy (cured or uncured) obtained from an elephant in his control; or ownership certificate, licence or permit required to be kept by him under the Act. They can search any baggage, vehicle, vessel, premises or land for the aforementioned items and seize the same in case of violation of any provision of the Act. They can also seize any trap, tool, vehicle (including an elephant), vessel or weapon used for committing the offence. The offender may also be arrested without warrant. |
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