Scheduled Specimen (Conditions And Procedure For Exemption), Rules, 2024

 

[23rd February 2024]

G.S.R. 130(E).-In exercise of the powers conferred by clause (jii) of sub-section (1) of Section 63 of the Wild Life (Protection) Act, 1972 (53 of 1972), read with sub-section (2) of Section 49 H, the Central Government hereby makes the following rules, namely:-

Rule - 1. Short title and commencement :-

(1)     These rules may be called the Scheduled Specimen (Conditions and Procedure for exemption), Rules, 2024.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definition :-

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Wild Life (Protection) Act, 1972 (53 of 1972);

(b)      "ATA carnet" means an International uniform Customs document issued under ATA Convention;

(c)      "ATA Convention" means the Customs Convention on ATA Carnet for temporary Admission of Goods;

(d)      "Appendix" means an Appendix specified under Schedule IV appended to the Act;

(e)      "Form" means form annexed to these rules;

(f)       "Management Authority" means the authority designated under section 49E of the Act;

(g)      "owner" means the owner of a specimen and includes any person in possession of such specimen;

(h)     " Permit" means a permit or certificate issued under the Convention;

(i)       "personal or household effects" means specimens that are personally owned for non-commercial purposes and at the time of import, export or re-export either worn, carried or included in personal baggage; or part of a household move and does not include rhino horn and elephant ivory contained in hunting trophies;

(j)       "sample collection" means collection of dead specimen, parts and derivatives thereof specified in Appendix II or III and species specified in Appendix I relating to bred in captivity or artificially propagated for commercial purposes;

(2)     The words and expressions used herein and not defined but defined in the Act shall have the meanings, respectively assigned to them in the Act.

Rule - 3. Exemptions for specimens under transit or transhipments :-

(1)     The specimens shall not require export or re-export permit when the specimen are in transit or transhipment through or in the territory of India while the specimens remain in the control of the Customs Department.

(2)     The specimen shall be accompanied with the copy of export or re-export permit issued by the country of export or re-export, as the case may be.

(3)     In the case of a sample collection,-

(a)      the permit must clearly show the destination of the shipment, which shall be the country of issuance;

(b)      the cross-border movements of sample collection of specimens covered under the ATA Convention shall be accompanied by a standard permit issued under the Convention, on which it shall be indicated that the document is a permit for export , re-export and, it shall clearly specify that the document is issued for a sample collection ;

(c)      the permit shall specify that it covers a sample collection and is invalid unless accompanied by a valid ATA carnet;

(d)      the specimen covered by the permit shall not be sold or otherwise transferred whilst outside the territory of the State that issued the permit;

(e)      the number of accompanying ATA carnet shall be recorded and entered by the Customs responsible for the endorsement of the Customs document;

(f)       the name and address including the country of the importer and the exporter or re-exporter shall be the same in the permit and the ATA carnet, and the names of the countries to be visited shall be indicated;

(g)      the date of expiry the permit shall not be later than that of the ATA carnet accompanying it and the period of validity shall not be more than six months from the date on which it was granted;

(h)     the Customs shall, at the point of entry or exit, verify the presence of the permit issued under the Convention and allow it to remain with the collection, and ensure that the ATA carnet is properly endorsed with an authorised stamp and signature by a Customs official.

(4)     The consignee shall on demand by the Management Authority or authorised officer or the officers of the Customs produce the permit to verify the presence of a valid permit.

Rule - 4. Application for pre-convention certificate :-

 

(1)     Any person intending to export or re-export a specimen acquired prior to the commencement of the Wild Life (Protection) Amendment Act, 2022 shall make an application electronically to the Management Authority in Form I accompanied with a fee of one thousand rupees.

(2)     Every application shall be accompanied with the legal procurement certificate, issued by an officer not below the rank of the Deputy Conservator of Forests having jurisdiction over the area, in Form II.

(3)     The Management Authority or the authorised officer shall, if on verification finds that the date on which the specimen of the species was

                              (i)          removed from the wild; or

                             (ii)         born in captivity or artificially propagated in a controlled environment; or

                            (iii)         if such date is unknown or cannot be acertained, the date on which the specimen was acquired shall be the date on which it was first possessed by the applicant, is prior to the date on which the species concerned was first included in the Appendices, issue a certificate in Form III.

Rule - 5. Exemptions for personal or household effects :-

 

(1)     Any person, who is a citizen of India and has acquired a specimen within India which is a personal or household effect shall apply in Form IV to the Management Authority or the authorised officer for registration of the specimen as personal or household effect.

(2)     The application under sub-rule (1) shall be accompanied with the legal procurement certificate issued by an officer not below the rank of the Deputy Conservator of Forests having jurisdiction over the area in Form II and a fee of one thousand rupees.

(3)     The Management Authority or the authorised officer shall issue a certificate of registration in Form V of the specimen as personal or household effect.

(4)     If any person intends to export any of the following species as personal or household effect, it shall accompany a certificate to that effect issued by an agency authorised by the Management Authority or authorised officer, namely:-

(a)      caviar of sturgeon species (Acipenseriformes spp.) not exceeding one hundred and twenty five grams per person carried in a container labelled in accordance with the Convention;

(b)      rain sticks of Cactaceae species not exceeding three specimens per person;

(c)      specimens of agarwood not exceeding one kg of wood chips, twenty four ml of oil and two sets of beads or prayer beads (or two necklaces or bracelets) per person

(5)     Any owner who has acquired the specimen in his country of citizenship shall be allowed import of such specimen without the export permit issued by the country of export if the specimen is accompanied by a certificate issued by the Management Authority of the country of export mentioning the specimen as a personal or household effect of the importer.

Rule - 6. Specimen of Appendix I bred in captivity to be treated as that of Appendix II :-

(1)     Every owner of the specimen of the species listed in Appendix I and bred in captivity for commercial purposes shall apply in Form VI for seeking exemption under Article VII of the Convention for export purpose.

(2)     The application under sub-rule (1) shall be accompanied with the legal procurement certificate issued by an officer not below the rank of the Deputy Conservator of Forests having jurisdiction over the area in Form II and a fee of one thousand rupees.

(3)     The application under sub-rule (1) shall be accompanied with a proof that-

(a)      the facility is licenced in accordance with the rules made under the Act;

(b)      the facility is registered with the Secretariat of the Convention; and

(c)      the specimen to be exported carry a certificate of registration in accordance with rules made under the Act.

(4)     The Management Authority may if the application is found to be in order, seek advice of the Scientific Authority, within a period of fifteen days.

(5)     The Scientific Authority shall after making such inquiry and examination as it may consider necessary, advice to the Management Authority.

(6)     The Management Authority upon receipt of advice of the Scientific Authority shall issue the permit for export or re-export within a period of fifteen days.

(7)     The owner of the specimen of the Species listed in Appendix I of the Schedule IV and bred in captivity for commercial purposes who intends to seek exemption from the requirement of import permit shall require an export or re-export permit or certificate issued by the Management Authority of the country of export or re-export as the case may be with source code D.

Rule - 7. Acceptance of certificate in lieu of permits or certificates :-

 

(1)     In case of import of the specimen of a species listed in the Appendices, a certificate from the Management Authority of the country of export that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom with source code C in case of animals and with source code A in case of plants, shall be accepted in lieu of any other permits or certificates required under the Act.

(2)     The trade in a specimen bred in captivity in Appendix I specimen shall be permitted only if it is marked in accordance with the provisions on marking in the Resolutions of the Convention and if the type and number of the mark are indicated on the document authorising the trade.

Rule - 8. Non-commercial loan, donation or exchange between scientist, scientific institution :-

(1)     Any scientist or a scientific institution who intends to export herbarium specimens, other preserved, dried or embedded museum specimens, and live plant materials of species listed in Appendices as non-commercial loan, donation or exchange with scientist or a scientific institution registered with the Management Authority of the country of destination and seeking exemption regarding permit or certificate shall make an application for registration to the Management Authority for registration in Form VII.

(2)     The application under sub-rule (1) shall be accompanied with the legal procurement certificate issued by the Deputy Conservator of Forests having jurisdiction over the area in Form II and a fee of one thousand rupees.

(3)     The Management Authority upon being satisfied shall register the scientist or the scientific institution and issue a label mark to be affixed on the specimen or its package of the scientist or the scientific institution and the label in Form VIII.

(4)     The Management Authority shall assign five-character code identifying registered institutions with the first two characters as IN and the last three characters should be a unique number.

(5)     The scientist or scientific institution may upon registration and issuance of the label mark as per sub-rule (3) shall be authorised to affix the label upon the specimen or its package before export.

(6)     Any scientist or scientific institution seeking exemption from the requirement of permit and intending to import herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material of the species listed in Appendices as a non-commercial loan, donation or exchange from scientist or scientific institution registered by a Management Authority of the country of export shall carry a label issued or approved by the Management Authority of that country.

Rule - 9. Standards for registration of scientific institutions :-

(1)     Every scientist and scientific institution registered under rule 8 shall comply with the following standards namely:-

(a)      collections of animal or plant specimens, and records ancillary to them, permanently housed and professionally curated have been properly maintained;

(b)      specimens accessible to all qualified users, including those from other institutions have been recorded separately;

(c)      all accessions have been properly recorded in a permanent catalogue;

(d)      permanent records have been maintained for loans and transfers to other institutions;

(e)      specimens acquired primarily for purposes of research have been reported in scientific publications;

(f)       specimens have been prepared and collections have been arranged in a manner that ensures their utility;

(g)      accurate data have been maintained on specimen labels, permanent catalogues and other records;

(h)     acquisition and possession of specimens have been in accordance with the laws governing such acquisition and possession; and

(i)       all specimens of species included in Appendix I have been permanently and centrally housed under the direct control of the scientific institution, and managed in a manner to preclude the use of such specimens for decoration, trophies or other purposes incompatible with the principles of the Convention.

(2)     In case of any institution engaged in forensic research, shall, in addition to the standards under sub-rule (1), comply with the following, namely:-

(a)      the Management Authority shall ensure that such institutions are suitable to provide wildlife forensic analysis;

(b)      animal or plant specimens acquired primarily for purposes of research, to expand forensic research capabilities through development of wildlife reference databases, have been properly recorded in a permanent catalogue;

(c)      permanent records contain information about loans and transfers to other institutions and the purpose of the transaction;

(d)      every institution shall made reference to its quality management system used for research conducted; and

(e)      accurate data, for example scientific name, weight, geographical origin, source code, purpose and result of research, have been recorded in the permanent catalogue, and specimens have been accurately and adequately labelled.

Rule - 10. Registration of specimens in a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition :-

(1)     Any authorised person of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition having specimen acquired prior to the commencement of the Wild Life (Protection) Amendment Act, 2022 shall apply for registration in Form IX of the such travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition.

(2)     The application under sub-rule (1) shall be accompanied with the legal procurement certificate issued by of the Deputy Conservator of Forests having jurisdiction over the area in Form II and a fee of one thousand rupees.

(3)     The Management Authority or the authorised officer shall issue a registration certificate in Form X if the Management Authority is satisfied that -

(a)      such specimen is in accordance with section 49 M of the Act and rules made thereunder in case of live animals;

(b)      any living specimen will be so transported and cared for as to minimize the risk of injury, damage to health or treatment in compliance with the provisions of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960).

(4)     Such specimens which are part of travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition registered with the Management Authority may be exported without an export or re-export permit.

Rule - 11. Verification with country of import :-

The applicant shall, before export or re-export from India, check with potential importers or with the Management Authority of the intended country of destination whether such country shall accept the certificate issued under these Rules for import.

 

 

 

Undertaking

I ....................[name of the applicant] Son of or Daughter of or Wife of .................... [Fathers name or Husband Name] hereby declare that all the particulars furnished by me are true to the best of my knowledge and any detail furnished above, if found to be false shall make my application liable for rejection.

I shall abide by all the conditions mentioned in the Regulation in International Trade in Specimens Rules, 2023 and any other condition that may be imposed by the Chief Wild Life Warden.

Date: Signature:

Place:

Name of the Applicant:

Present Address of the Applicant:

List of enclosures:

(1)     Copy of the Aadhar Card of the Applicant or Registration Certificate or Certificate of incorporation in case of a Society or Company or Board etc.

(2)     Address proof of the Applicant

(3)     Copy of the Advance Import permit issued by the concerned Convention on International Trade in Endangered Species of wild fauna and flora Management Authority in case of export of Appendix I Species

(4)     Copy of the Import permit issued by Convention on International Trade in Endangered Species of wild fauna and flora Management Authority in case of Appendix I Species/Import licence issued by Directorate General of Foreign Trade in case of re-export.

(5)     Copy of Legal Procurement Certificate issued by concerned Forest Department in case of export.

(6)     Copy of No Objection Certificate of Chief Wild Life Warden

CERTIFICATE NO. DATED

VALID UPTO

(1)     This certificate is hereby issued in favour of Mr./Ms. Son of/Daughter of/Wife of resident of ________________________(Postal Address) holder of Licence no.(if applicable) _______________________ for export of specimen of species as detailed in the table below.

(2)     I hereby certify that the specimen of species listed in Schedule IV described in the table below have been verified by this office and the same are recommended for export/re-export.

(3)     Details of specimen of species:

Signature and designation of the official

(not below the rank of the Deputy Conservator of Forests)

Designation

 

 

PRE-CONVENTION PERMIT/CERTIFICATE No.

Instructions and explanations

(These correspond to block numbers on the form)

1.        Tick the square which corresponds to the type of document issued (export permit, re-export certificate, import permit or other). If the box "other" has been ticked, the type of document must be indicated. The original number is a unique number allocated to each document by the Management Authority.

2.        For export permits and re-export certificates, the date of expiry of the document may not be more than six months after the date of issuance (one year for import permits).

3.        Complete name and address of the importer.

3a. The name of the country must be written in full.

4.        Complete name and address of the exporter/re-exporter. The name of the country must be stated. The absence of the signature of the applicant renders the permit or certificate invalid.

5.        Special conditions may refer to national legislation or special conditions placed on the shipment by the issuing Management Authority. This block can also be used to justify the omission of certain information.

5a. The following codes should be used: T for commercial, Z for zoo, G for botanical garden, Q for circus or travelling exhibition, S for scientific, H for hunting trophy, P for personal, M for medical, E for education, N for reintroduction or introduction into the wild, B for breeding in captivity or artificial propagation and L for law enforcement / judicial / forensic.

5b.  Indicate the number of the security stamp affixed in block 13.

6.        The name, address and country of the issuing Management Authority should already be printed on the form.

7-8. Indicate the scientific name (genus and species, where appropriate subspecies) of the animal or plant as it appears in the Convention Appendices or the reference lists approved by the Conference of the Parties, and the common name of the animal or plant as known in the country issuing the permit.

9.    Describe, as precisely as possible, the specimens entering trade (live animals, skins, flanks, wallets, shoes, etc.). If a specimen is marked (tags, identifying marks, rings, etc.), whether or not this is required by a Resolution of the Conference of the Parties (specimens originating in a ranching operation, specimens subject to quotas approved by the Conference of the Parties, specimens of Appendix-I species bred in captivity for commercial purposes, etc.), indicate the number and type of mark. The sex and age of the live animals should be recorded, if possible.

10.   Enter the number of the Appendix of the Convention (I, II or III) in which the species is listed. Use the following codes to indicate the source:

W Specimens taken from the wild

X Specimens taken in "the marine environment not under the jurisdiction of any State".

R Ranched specimens: specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood.

D Appendix-I animals bred in captivity for commercial purposes in operations included in the Secretariats Register, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Appendix-I plants artificially propagated for commercial purposes, as well as parts and derivatives thereof, exported under the provisions of Article VII, paragraph 4, of the Convention A Plants that are artificially propagated in accordance with Resolution Conf. 11.11 (Rev. CoP18), as well as parts and derivatives thereof, exported under the provisions of Article VII, paragraph 5 (specimens of species included in Appendix I that have been propagated artificially for non-commercial purposes and specimens of species included in Appendices II and III) C Animals bred in captivity in accordance with Resolution Conf. 10.16 (Rev.), as well as parts and derivatives thereof, exported under the provisions of Article VII, paragraph 5 F Animals born in captivity (F1 or subsequent generations) that do not fulfil the definition of bred in captivity in Resolution Conf. 10.16 (Rev.), as well as parts and derivatives thereof Y Specimens of plants that fulfil the definition for assisted production in Resolution Conf. 11.11 (Rev. CoP18) as well as parts and derivatives thereof U Source unknown (must be justified) I Confiscated or seized specimens O Pre-Convention specimens (may be used with other source codes).

11. The quantity and units indicated should conform to the most recent version of the Guidelines for the preparation and submission of Convention on International Trade in Endangered Species of wild fauna and flora annual reports.

11a. Indicate the total number of specimens exported in the current calendar year (1 January to 31 December) (including those covered by the present permit) and the current annual quota for the species concerned (for example 500/1000). This should be done for the national quotas as well as for those determined by the Conference of the Parties.

12.   The country of origin is the country in which the specimens were taken from the wild, bred in captivity or artificially propagated, except in the case of plant specimens that cease to qualify for an exemption from the provisions of Convention on International Trade in Endangered Species of wild fauna and flora. In such instances, the country of origin is deemed to be the country in which the specimens ceased to qualify for the exemption. Indicate the number of the permit or certificate of the exporting country and the date of issuance. If all or part of the information is not known, this should be justified in block 5. This block must only be completed in case of re-exports;

12a. The country of last re-export is the country from which the specimens were re-exported before entering the country in which the present document is issued. Enter the number of the re-export certificate of the country of last reexport and its date of issuance. If all or part of the information is not known, this should be justified in block 5. This block must only be completed in case of re-export of specimens previously re-exported.

12b. The "No. of the operation" is the number of the registered captive-breeding or artificial propagation operation. The "date of acquisition" is defined in Resolution Conf. 13.6 (Rev. CoP16) and is required only for pre-Convention specimens.

 

13.   To be completed by the official who issues the permit. The name of the official must be written in full. The security stamp must be affixed in this block and must be cancelled by the signature of the issuing official and a stamp or seal. The seal, signature and security-stamp number should be clearly legible.

14.   To be completed by the official who inspects the shipment at the time of export or re-export. Enter the quantities of specimens actually exported or re-exported. Strike out the unused blocks.

 

15.   Enter the number of the bill of lading or air way-bill if the method of transport used requires the use of such a document.

AFTER USE THIS DOCUMENT MUST BE RETURNED TO the MANAGEMENT AUTHORITY OF THE IMPORTING COUNTRY.

 

Undertaking

 

I...............[name of the applicant] Son of or Daughter of or Wife of ............... [Fathers name or Husband Name] hereby declare that the all the particulars furnished by me are true to the best of my knowledge and any detail furnished above, if found to be false shall make my application liable for rejection.

 

I shall abide by all the conditions mentioned in the Regulation in International Trade in Specimens Rules, 2023 and any other condition that may be imposed by the Chief Wild Life Warden.

 

Date: Signature

 

Place:

 

Name of the Applicant:

 

Present Address of the Applicant:

 

List of enclosures:

 

1.        Copy of the Aadhar Card of the Applicant or Registration Certificate etc.

2.        Address proof of the Applicant

3.        Copy of the Advance Import permit issued by the concerned Convention on International Trade in Endangered Species of wild fauna and flora Management Authority in case of export of Appendix I Species

4.        Copy of the Import permit issued by Convention on International Trade in Endangered Species of wild fauna and flora Management Authority in case of Appendix I Species/Import licence issued by Directorate General of Foreign Trade in case of re-export.

5.        Copy of Legal Procurement Certificate issued by concerned Forest Department in case of export.

6.        Copy of No Objection Certificate of Chief Wild Life Warden

 

 

1.        This is to certify that the applicant, as per details mentioned above, is in possession of the Appendix I/Appendix II species since................and is treated as an household property.

 

2.        Any misinformation/violation of the provisions of Wild Life (Protection) Act, 1972 shall render this certificate granted invalid.

 

This certificate bearing no................is issued by:

 

_______________ _________________________________

 

Place

 

Date Security stamp, signature and official seal

 

Date:

 

Place:

Name and Signature of the applicant

 

List of enclosures:

 

1.        Copy of the Aadhar Card of the Applicant

 

2.        Copy of Registration Certificate from Convention on International Trade in Endangered Species of wild fauna and flora Secretariat.

 

3.        Copy of Licence granted by Chief Wild Life Warden under Section 49 N of the Wild Life (Protection) Act, 1972.

 

4.        Address proof of the Applicant

 

5.        Copy of the Advance Import permit issued by the concerned Convention on International Trade in Endangered Species of wild fauna and flora Management Authority in case of export of Appendix I Species

 

6.        Copy of the Import permit issued by Convention on International Trade in Endangered Species of wild fauna and flora Management Authority in case of Appendix I Species/Import licence issued by Directorate General of Foreign Trade in case of re-export.

 

7.        Copy of No Objection certificate of Chief Wild Life Warden

 

Date: Signature

 

Place:

 

Name of the Applicant:

 

Present Address of the Applicant:

 

Certificate

I ................... (Name of the authority) ................... as the Convention on International Trade in Endangered Species of wild fauna and flora Management Authority/authorized officer by the Management Authority hereby affixes the stamp and seal on the specimen whose details have been indicated above and assign the specimen with Convention on International Trade in Endangered Species of wild fauna and flora ID Number...................

This Convention on International Trade in Endangered Species of wild fauna and flora ID is non transferable and is valid for a period from...................to...................

Signature and Stamp of the issuing authority

 

Date:

 

Place:

 

 

Date:

 

Place:

 

Name and Signature of the applicant

 

List of enclosures:

 

1.        Copy of the Aadhar Card of the Applicant

 

2.        Copy of Registration Certificate from Convention on International Trade in Endangered Species of wild fauna and flora Secretariat.

 

3.        Copy of Licence granted by Chief Wild Life Warden under Section 49 N of the Wild Life (Protection) Act, 1972.

 

4.        Address proof of the Applicant

 

5.        Copy of the Advance Import permit issued by the concerned Convention on International Trade in Endangered Species of wild fauna and flora Management Authority in case of export of Appendix I Species

 

6.        Copy of the Import permit issued by Convention on International Trade in Endangered Species of wild fauna and flora Management Authority in case of Appendix I Species/Import licence issued by Directorate General of Foreign Trade in case of re-export.

 

7.        Copy of No Objection Certificate of Chief Wild Life Warden

 

 

Certificate

 

This is to certify that the application submitted by ........................(name of applicant) dated........................ for the purpose of........................ has been examined and this authority has no objection for the specimens mentioned in the application and quoted above to be transported as part of travelling zoo/ circus/menagerie/plant exhibition/other travelling exhibition

Any misinformation/violation of the provisions of Wild Life (Protection) Act, 1972 shall render this certificate granted invalid.

This certificate bearing no........................is issued by:

_________________ _________________________________

 

Place

 

Date Security stamp, signature and official seal