Section 39:
Wild animals, etc., to be Government property.
(1) Every--
(a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section
29 or sub-section (6) of section 35 or kept or 1[bred in captivity or hunted] in contravention of any
provision of this Act or any rule or order made thereunder or found dead, or killed 2*** or by
mistake; and
(b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in
clause (a) in respect of which any offence against this Act or any rule or order made thereunder has
been committed,
3[(c) ivory imported into India and an article made from such ivory in respect of which any
offence against this Act or any rule or order made thereunder has been committed;
(d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has
been seized under the provisions of this Act.]
shall be the property of the State Government, and, wheresuch animal is hunted in a sanctuary or National
Park declared by the Central Government, such animal or any animal article, trophy, uncured trophy or
meat 4[derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting] shall
be the property of the Central Government.
(2) Amy person who obtains, by any means, the possession of Government property, shall, within
forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to
the, nearest police station or the authorised officer and shall, if so required, hand over such property to the
officer-in-charge of such police station or such authorised officer, as the case may be.
(3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the
authorised officer--
(a) acquire or keep in his possession, custody or control, or
(b) transfer to any person, whether by way of gift, sale or otherwise, or
(c) destroy or damage, such Government property.
5[(4) Where any such Government property is a live animal, the State Government shall ensure that it
is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural
habitat.
(5) Any such animal article, trophy or uncured trophy or meat derived from any wild animal, as
referred to in sub-sections (1) and (2) may be disposed of by the State Government or the Central
Government, as the case may be, in such manner as may be prescribed by the Central Government:
Provided that such disposal shall not include any commercial sale or auction and no certificate of
ownership shall be issued for such disposal.]
Notes:
1. Subs. by Act 44 of 1991, s. 27, for "bred in captivity" (w.e.f. 2-10-1991).
2. The words "without a licence or" omitted by s. 27, ibid. (w.e.f. 2-10-1991).
3. Ins. by s. 27, ibid. (w.e.f. 2-10-1991).
4. Subs. by Act 44 of 1991, s. 27, for "derived from such animal" (w.e.f. 2-10-1991).