Section 44_ WPA 1972

Question

► If a license under Section 44 of the WPA 1972 is issued and renewed in the previous years and if for the present year the annual renewal application of the license has been submitted in the "prescribed" format within the "stipulated" time-line and the receipt of the same is awaited, then as per the WPA 1972, is carrying on with the business or occupation until the license is granted possible? Regards

Answer 1

Dear Client,

This will depend upon the terms and conditions of the Wildlife (Protection) Act, 1972, rules, and the conditions of the licence itself. Filing an application for the extension of the licence simply because one is due, and doing it within the specified period, does not mean that there is a statutory right granted for carrying on the business if there are no provisions regarding deemed continuation or operation pending extension of the licence. Absence of any such provision means that the act of continuing business even after the expiry of the old licence can make the person subject to regulations. It is vital to check whether the relevant rule regarding licences under Section 44 has any saving provision.

I hope this helps and if you have any further issues do not hesitate to contact us.

Section 44_ WPA 1972

1 Answer