Section 40A of The Wild Life (Protection) Act, 1972 View Chapter 5

Immunity in certain cases.


   1[40A.  Immunity in certain cases.-- (1)  Notwithstanding anything contained in sub-sections (2) and (4) of section 40 of this Act, the Central Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive animal, animal article, trophy or uncured trophy derived from animals specified in Schedule I 2*** in his control, custody or possession, in respect of which no declaration had been made under sub-section (1) or sub-section (4) of section 40, in such form, in such manner and within such time as may be prescribed.

   (2)  Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) shall not be proceeded with and all pending proceedings shall stand abated.

   (3)  Any captive animal, animal article, trophy or uncured trophy declared under sub-section (1), shall be dealt with in such manner and subject to such conditions as may be prescribed.]

1Ins. by Act 16 of 2003, s. 26 (w.e.f. 1-4-2003).

2The words and figures "or Part II of Schedule II" omitted by s. 24, ibid. (w.e.f. 1-4-2023).