| Case B: Pursuant to the prohibition on commercial trade in scheduled animals [i.e. animals covered in Schedule I and Schedule II (Part II)] in 1986, ex-licensed dealers in captive elephants were required to declare their stocks to the CWLW or AO on or before 25 January 1987. The CWLW or the AO were expected to conduct an inquiry and affix identification marks. Thereafter, the CWLW, with the prior approval of the Director, Wildlife Preservation, Government of India, could issue ownership certificates to the ex-dealers for elephants that they wished to retain for their bona fide personal use. This provision of the Act has not been utilized, as there were no licensed dealers in captive elephants prior to 1987. Persons dealing without a licence in captive elephants before 1987 continue to do so with impunity. Case C: Immediately after inclusion in Schedule I, elephants have become subject to Section 40(2) that prohibits a person from possessing, acquiring, disposing of and transporting a captive elephant without written permission of the CWLW or the AO. No time limit has been given to the owners for applying for permission. The Act does not state clearly that the ‘written permission' will be in the form of an ownership certificate. However, the CWLW has been empowered under Section 42 to issue ownership certificates for the purpose of applications under Section 40 (2). But neither the CWLWs nor the owners have made use of this provision of the law. Case D: An owner of a captive elephant not having an ownership certificate is required to obtain prior permission of the CWLW or the AO in writing before disposing of or transporting his elephant. The Act prescribes that before granting such permission, the CWLW or the AO should satisfy himself that the elephant has been lawfully acquired. Section 43(5) stipulates that the CWLW or the AO shall issue a certificate of ownership after such inquiry as he may deem fit and may affix an identification mark on the elephant. This provision is superior to that of Section 42 because: 1) It suits the owners who may approach the AO (usually a local Forest Officer) instead of the CWLW for an ownership certificate; 2) Issuance of an ownership certificate is not discretionary for the CWLW or the AO; 3) The CWLW and the AO have been given discretionary powers in respect of inquiry for the purpose of ownership certificates. Hence, they need not enter into complicated inquiries. Case D provides a very convenient way of granting ownership certificates and most of the certificates at the famous elephant fair at Sonepur are issued in this way. |
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