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,
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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