WILD LIFE PROTECTION ACT, 1972
(1) This Act may be called the Wild Life (Protection) Act, 1972.
1[(2) It extends to the whole of India except the State of Jammu and Kashmir.]
(3) It shall come into force in a State or Union territory to which it extends, 2[***] on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act or for different States or Union territories.
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1. Subs. by Act 44 of 1991, sec. 4, for sub-section (2) (w.e.f. 2-10-1991).
2. The words “or may become extended in future,” omitted by Act 44 of 1991, sec. 4 (w.e.f. 2-10-1991).
In this Act, unless the context otherwise requires,—
1[(1) “animal” includes mammals, birds, reptiles, amphibians, fish, other chordates and invertebrates and also includes their young and eggs;]
(2) “animal article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal 2[has been used, and ivory imported into India and an article made therefrom];
3[***]
4[(4) “Board” means a State Board for Wild Life constituted under sub-section (1) of section 6;]
(5) “captive animal” means any animal, specified in Schedule I, Schedule II, Schedule III or Schedule IV, which is captured or kept or bred i
Section 2 of the Wild Life Protection Act, 1972, is the defining section that provides key definitions essential for the interpretation and enforcement of the Act. It lays down the foundational terminology that guides the scope, application, and legal provisions related to wildlife protection in India.
Section 2 enumerates and defines critical terms used throughout the Act, including:- "Animal" (Section 2(1))- "Wild animal" (Section 2(36))- "Schedule" (various subsections)- "Protected areas" such as sanctuaries and national parks- "Hunting," "capture," "poaching," and related activities- "Authorised officer," "Chief Wild Life Warden," etc.
It essentially provides the vocabulary for the entire legislative framework, clarifying what constitutes wildlife, protected species, and activities prohibited under the Act.
While Section 2 itself does not prescribe penalties, it underpins the offences outlined in Sections 9, 51, and others, which specify punishments:- Imprisonment (up to 7 years) and fines for offences like hunting, poaching, and trade.- Strict penalties for offences involving Schedule I and II species.- Penalties are enhanced for offences involving protected species or in protected areas.
In conclusion, Section 2 of the Wild Life Protection Act, 1972, is the cornerstone for the entire legislative framework, providing precise definitions that guide enforcement, judicial interpretation, and policy formulation aimed at conserving India's rich biodiversity and preventing illegal activities related to wildlife.
(1) The Central Government may, for the purposes of this Act, appoint,—"
(a) A Director of Wild Life Preservation;
1[***]
(c) Such other officers and employees as may be necessary."
(2) In the performance of his duties and exercise of his powers by or under this Act, the Director shall be subject to such general or special directions, as the Central Government may, from time to time, give.2[(3) The officers and other employees appointed under this section shall be required to assist the Director.]
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1. Clause (b) omitted by Act 16 of 2003, sec. 4 (w.e.f. 1-4-2003).
(1) The State Government may, for the purposes of this Act, appoint,—"
(a) a Chief Wild Life Warden;
(b) Wild Life Wardens; 1[***]"
2[(bb) Honorary Wild Life Wardens;]
(c) such other officers and employees as may be necessary."
(2) In the performance of his duties and exercise of his powers by or under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the State Government may, from time to time, give.
(3) 3[The Wild Life Warden, the Honorary Wild Life Warden] and other officers and employees appointed under this section shall be subordinate to the Chief Wild Life Warden.
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(1) The Director may, with the previous approval of the Central Government, by order in writing, delegate all or any of his powers and duties under this Act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order."
(2) The Chief Wild Life Warden may, with the previous approval of the State Government by order in writing, delegate all or any of his powers and duties under this Act, except those under clause (a) of sub-section (1) of section 11, to any officer subordinate to him subject to such conditions, if any, as may be specified in the order.
(3) Subject to any general or special direction given or condition imposed by the Director or the Chief Wild Life Warden, any person, authorised by the Director or the Chief Wild Life Warden to exercise any powers, may exercise those powers in the sa
(1) The Central Government shall, within three months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002, constitute the National Board for Wild Life* consisting of the following members, namely\:—"
(a) the Prime Minister as Chairperson;
(b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson;"
(c) three Members of Parliament of whom two shall be from the House of the People and one from the Council of States;
(d) Member, Planning Commission in-charge of Forests and Wild Life;"
(e) five persons to represent non-governmental organisations to be nominated by the Central Government;
(f) ten persons to be nomina
(1) The National Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board."
(2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be nominated by the Vice-Chairperson from amongst the members of the National Board.
(3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it.]
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1. Ins. by Act 16 of 2003, sec. 6 (w.e.f. 22-9-2003).
(1) It shall be the duty of the National Board to promote the conservation and development of wild life and forests by such measures as it thinks fit."
(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for—
(a) framing policies and advising the Central Government and the State Governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products;"
(b) making recommendations on the setting up of the management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas;
(c) carrying out or causing to be carried out impact assessment of va
(1) The State Government shall, within a period of six months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 constitute a State Board for Wild Life consisting of the following members, namely\:—"
(a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may be—Chairperson;
(b) the Minister in-charge of Forests and Wild Life—Vice Chairperson;"
(c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the Legislative Assembly of that Union territory;"
(d) three persons to represent non-governmental organisations dealing with wild life to be nominated by the State Government;"
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(1) The Board shall meet at least twice a year at such place as the State Government may direct."
(2) The Board shall regulate its own procedure (including the quorum).
(3) No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the Board not affecting the merits of the case."
It shall be the duty of the 1[State Board for Wild Life] to advise the State Government,—"
2[(a) in the selection and management of areas to be declared as protected areas;]
3[(b) in formulation of the policy for protection and conservation of the wild life and specified plants;]"
(c) in any matter relating to the amendment of any Schedule; 4[***]
5[(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life; and]"
(d) in any other matter connected with the protection of wild life which may be referred to it by the State Government.
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No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under section 11 and section 12.]"
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1. Subs. by Act 44 of 1991, sec. 9, for section 9 (w.e.f. 2-10-1991).
The Wild Life Protection Act, 1972, was enacted to protect the wildlife of India and to ensure the conservation of various species. Section 9 specifically addresses the prohibition of hunting wild animals, establishing a legal framework to safeguard endangered species and promote biodiversity.
Section 9 of the Wild Life Protection Act prohibits any person from hunting wild animals specified in Schedules I and II, except as provided under sections 11 and 12 of the Act. This section is crucial for the protection of wildlife, as it lays down the legal restrictions on hunting practices.
The scope of Section 9 extends to all wild animals listed in the specified schedules, which include various endangered and protected species. The section aims to prevent illegal hunting and poaching, thereby contributing to wildlife conservation efforts.
Violations of Section 9 can lead to severe penalties, including imprisonment and fines. The exact nature of the punishment is detailed in Section 51 of the Act, which prescribes penalties for offenses under the Act.
[Rep. by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), sec. 10 (w.e.f. 2-10-1991).]
Section 10 of the Wild Life Protection Act, 1972, primarily deals with the maintenance of records related to wild animals, including those killed or captured, to ensure transparency and accountability in wildlife management and enforcement.
Section 10 mandates that every person who deals in, captures, kills, or otherwise handles wild animals must maintain records of such activities. The section emphasizes the importance of record-keeping for monitoring and regulating wildlife conservation efforts.
Note: The references are based on the provided sources and summarized accordingly for legal analysis.
(1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of Chapter IV,—
(a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted:
1[Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, transquilised or translocated:
Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be rehabilitated in the wild and
Notwithstanding anything contained elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden, to grant 1[***] a permit, by an order in writing stating the reasons therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of,—
(a) education;
2[(b) scientific research;
(bb) scientific management.
Explanation.—For the purposes of clause (bb), the expression, “Scientific Management” means—
(i) translocation of any wild animal to an alternative suitable habitat; or
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[Rep. by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), sec. 12 (w.e.f. 2-10-1991).]
[Rep. by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), sec. 12 (w.e.f. 2-10-1991).]
[Rep. by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), sec. 12 (w.e.f. 2-10-1991).]
[Rep. by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), section 12 (w.e.f. 2-10-1991).]
[Rep. by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), sec. 12 (w.e.f. 2-10-1991).]
Save as otherwise provided in this Chapter, no person shall—
(a) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government;
(b) possess, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof:
Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the provisions of Chapter IV, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bona fide personal use.
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* Section 17A
The Chief Wild Life Warden may, with the previous permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section 17A or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of—
(a) education;
(b) scientific research;
(c) collection, preservation and display in a herbarium of any scientific institution; or
(d) propagation by a person or an institution approved by the Central Government in this regard.
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* Section 17B ins. by Act 44 of 1991, sec. 13 (w.e.f. 22-4-1995), vide S.O. 345(E),
Section 17B of the Wild Life Protection Act, 1972, provides a legal mechanism for granting permits for specific purposes related to wildlife and plant conservation. It aims to balance conservation efforts with certain permissible activities under regulated conditions.
Section 17B authorizes the Chief Wild Life Warden, with prior permission from the State Government, to grant permits to individuals for activities such as scientific research, education, collection, preservation, and display of plant and animal specimens. These permits facilitate activities that might otherwise be restricted under the Act, ensuring controlled and sustainable use.
Section 17B covers activities that involve the collection, uprooting, or acquisition of wildlife or plants for scientific, educational, or conservation purposes. It allows regulated exceptions to general prohibitions, enabling research and preservation efforts while maintaining conservation priorities.
While Section 17B itself primarily deals with permit issuance, violations of the permit conditions or engaging in activities without proper authorization are punishable under the broader provisions of the Act. Penalties can include fines, imprisonment, or both, especially if activities involve endangered species or contravene permit conditions.
Note: The analysis is based on the provided sources and aims to encapsulate the legal nuances of Section 17B comprehensively.
(1) No person shall cultivate a specified plant except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf:
Provided that nothing in this section shall prevent a person, who immediately before the commencement of the Wild Life (Protection) Amendment Act, 1991, was cultivating a specified plant, from carrying on such cultivation for a period of six months from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him.
(2) Every licence granted under this section shall specify the area in which and the conditions, if any, subject to which the licensee shall cultivate a specified plant.
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(1) No person shall, except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivate thereof:
Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Wild Life (Protection) Amendment Act, 1991, was carrying on such business or occupation, from carrying on such business or occupation for a period of sixty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him.
(2) Every licence granted under this section shall specify the premises in
(1) Every person cultivating, or dealing in, a specified plant or part or derivative thereof shall, within thirty days from the date of commencement of the Wild Life (Protection) Amendment Act, 1991 declare to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, his stocks of such plants and part or derivative thereof, as the case may be, on the date of such commencement.
(2) The provisions of sub-sections (3) to (8) (both inclusive) of section 44, section 45, section 46 and section 47 shall, as far as may be, apply in relation to an application and a licence referred to in section 17C and section 17D as they apply in relation to the licence or business in animals or animal articles.
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* Section 17E ins. by Act 44 of 1991, s
No licensee under this Chapter shall—
(a) keep in his control, custody or possession—
(i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made;
(ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;
(b) (i) pick, uproot, collect or acquire any specified plant, or
(ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof,
except in accordance with the conditions subject to which the licence has been
No person shall purchase, receive or acquire any specified plant or part or derivative thereof otherwise than from a licensed dealer:
Provided that nothing in this section shall apply to any person referred to in section 17B.
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* Section 17G ins. by Act 44 of 1991, sec. 13 (w.e.f. 22-4-1995), vide S.O. 345(E), dated 7th April, 1995.
(1) Every specified plant or part or derivative thereof, in respect of which any offence against this Act or any rule or order made thereunder has been committed, shall be the property of the State Government, and, where such plant or part or derivative thereof has been collected or acquired from a sanctuary or National Park declared by the Central Government, such plant or part or derivative thereof shall be the property of the Central Government.
(2) The provisions of sub-sections (2) and (3) of section 39 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof or they apply in relation to wild animals and articles referred to in sub-section (1) of that section.
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* Section 17H ins. by Act 44 of 1991, sec. 13 (w.e.f. 22-4-1995),
1[(1) The State Government may, by notification, declare its intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.]
(2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area.
Explanation.—For the purposes of this section it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.
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1. Subs. by Act 44
(1) When the State Government declares its intention under sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith.
(2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.]
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1. Ins. by Act 16 of 2003, sec. 11 (w.e.f. 1-4-2003).
The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002, or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under sub-section (1) of section 18.]
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1. Ins. by Act 16 of 2003, sec. 11 (w.e.f. 1-4-2003).
1[When a notification has been issued under section 18] the controller shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary.
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1. Subs. by Act 44 of 1991, sec. 16, for “whenever any area is declared to be a sanctuary,” (w.e.f. 2-10-1991).
After the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.
When a notification has been issued under section 18, the Collector shall 1[within a period of sixty days] publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation—
(a) specifying, as nearly as possible, the situation and the limits of the sanctuary; and
(b) requiring any person, claiming any right mentioned in section 19, to prefer before the Collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with necessary details and the amount and particulars of compensation, if any, claimed in respect thereof.
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The Collector shall, after service of the prescribed notice upon the claimant, expeditiously inquire into—]
(a) the claim preferred before him under clause (b) of section 21; and
(b) the existence of any right mentioned in section 19 and not claimed under clause (b) of section 21,
so far as the same may be ascertainable from the records of the State Government and the evidence of any person acquainted with the same.
For the purpose of such inquiry, the Collector may exercise the following powers, namely:—
(a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so;
(b) the same powers as are vested in a civil court for the trial of suits.
(1) In the case of a claim to a right in or over any land referred to in section 19, the Collector shall pass an order admitting or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in part, the Collector may either—
(a) exclude such land from the limits of the proposed sanctuary, or
(b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land, and on payment of such compensation, as is provided in the Land Acquisition Act, 1894 (1 of 1894),
1[(c) allow, in consultation with the Chief Wild Life Warden, the continuation
Section 24 of the Wild Life Protection Act, 1972 (WLPA) pertains to the acquisition of rights over land within protected areas such as sanctuaries and national parks. It plays a crucial role in balancing conservation objectives with the rights of landholders and other stakeholders. The section aims to regulate the rights that may exist in areas declared as sanctuaries or national parks and provides a legal framework for their recognition and acquisition.
Section 24 of the WLPA deals with the acquisition of rights in areas notified as sanctuaries or national parks. It authorizes the State Government, through the Collector, to:- Allow, in consultation with the Chief Wild Life Warden, the continuation of existing rights of persons over land within the sanctuary limits (Section 24(2)(c));- Pass orders admitting or rejecting claims to rights over such land (Section 24(2));- Make provisions for the extinguishment or recognition of rights, including rights of grazing, cultivation, or other customary rights, subject to the conservation objectives (Section 24(2)(a)-(b));- Ensure that rights are recognized only after proper inquiry and publication of notices.
While Section 24 itself primarily deals with rights and their recognition, violations related to the illegal destruction or disturbance of rights recognized under this section can attract penalties under Section 51 of the WLPA, which prescribes imprisonment and fines for offences such as destruction of habitat or illegal entry.
This concise legal analysis underscores the importance of procedural fairness, environmental safeguards, and judicial oversight in the application of Section 24 of the Wild Life Protection Act, 1972. It reflects the evolving jurisprudence aimed at harmonizing wildlife conservation with land rights.
(1) For the purpose of acquiring such land, or rights in or over such land,—
(a) the Collector shall be deemed to be a Collector, proceeding under the Land Acquisition Act, 1894 (1 of 1894);
(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;
(c) the provisions of the sections, preceding section 9 of that Act, shall be deemed to have been complied with;
(d) where the claimant does not accept the award made in his favour in the matter of compensation, he shall be deemed, within the meaning of section 18 of the Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the
(1) The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18.
(2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.]
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1. Ins. by Act 16 of 2003, sec. 13 (w.e.f. 1-4-2003).
The State Government may, by general or special order, direct that the powers exercisable or the functions to be performed by the Collector under sections 19 to 25 (both inclusive) may be exercised and performed by such other officer as may be specified in the order.
(1) When—
(a) a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a sanctuary, have been disposed of by the State Government; or
(b) any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological faunal, floral, geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary, the State Government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be a sanctuary on and from such date as may be specified in t
(1) No person other than,-
(a) a public servant on duty,
(b) a person who has been permitted by the Chief Wild Life Warden or the authorized officer to reside within the limits of the sanctuary,
(c) a person who has any right over immovable property within the limits of the sanctuary,
(d) a person passing through the sanctuary along a public highway, and
(e) the dependants of the person referred to in clause (a), clause (b) or clause (c), shall enter or reside in the sanctu
(1) The Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely:—
(a) investigation or study of wild life and purposes ancillary or incidental thereto;
(b) photography;
c) scientific research;
(d) tourism;
(e) transaction of lawful business with any person residing in the sanctuary.
(2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed.
No person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the Board that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal bona fide needs of the people living in and around the sanctuary and shall not be used for any com
No person shall set fire to a sanctuary, or kindle any fire, or leave any fire burning in a sanctuary, in such manner as to endanger such sanctuary.
No person shall enter a sanctuary with any weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
No person shall use, in a sanctuary, chemicals, explosives or any other substances which may cause injury to, or endanger, any wild life in such sanctuary.
The Chief Wild Life Warden shall be the authority who shall control, manage and maintain all sanctuaries and for that purpose, within the limits of any sanctuary,—
(a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary:
1[Provided that no construction of commercial tourist lodges, hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.]
(b) shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein;
(c) may take such measures, in the interests of wild life, as he may consider
(1) The Chief Wild Life Warden shall take such measures in such manner, as may be prescribed, for immunisation against communicable diseases of the live-stock kept in or within five kilometres of a sanctuary.
(2) No person shall take, or cause, to be taken or grazed, any live-stock in a sanctuary without getting it immunised.]
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1. Ins. by Act 44 of 1991, sec. 22 [w.e.f. 19-12-2000 vide S.O. 67 (E), dated 19th December, 2000].
(1) The State Government shall constitute an Advisory Committee consisting of the Chief Wild Life Warden or his nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within whose constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of non-governmental organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with Home and Veterinary matters, Honorary Wild Life Warden, if any, and the officer-in-charge of the sanctuary as Member-Secretary.
(2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary.
(3) The Comm
(1) Within three months from the declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such sanctuary and holding a licence granted under the Arms Act, 1959 (54 of 1959), for the possession of arms or exempted from the provisions of that Act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief Wild Life Warden or the authorised officer, for the registration of his name.
(2) On receipt of an application under sub-section (1), the Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed.
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1[(3) No new licences under the Arms Act, 1959 (54 of 1959) shall be granted within a radius of ten kilometres of a sanctuary
(1) Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an Assistant Conservator of Forests may,—
(a) evict any person from a sanctuary or National Park, who unauthorisedly occupies Government land in contravention of the provisions of this Act;
(b) remove any unauthorised structures, buildings, or constructions erected on any Government land within any sanctuary or National Park and all the things, tools and effects belonging to such person shall be confiscated, by an order of an officer not below the rank of the Deputy Conservator of Forests:
Provided that no such order shall be passed unless the affected person is given an opportunity of being heard.
(2) The provisions of this s
(1) Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park:
1[Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.]
(2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National
[Rep. by the Wile Life (Protection) Amendment Act, 1991 (44 of 1991), sec. 24 (w.e.f. 2-10-1991).]
(1) The State Government may, after having consultations with the local communities, declare any area owned by the Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat:
Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary.
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(1) The State Government shall constitute a Conservation Reserve Management Committee to advise the Chief Wild Life Warden to conserve, manage and maintain the conservation reserve.
(2) The Committee shall consist of a representative of the forest or Wild Life Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the field of wild life conservation and one representative each from the Department of Agriculture and Animal Husbandry.
(3) The Committee shall regulate its own procedure including the quorum.]
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(1) The State Government may, where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary.
(3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the Management Committee and approval of the same by
(1) The State Government shall constitute a Community Reserve Management Committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve.
(2) The Committee shall consist of five representatives nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located.
(3) The Committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve.
(4) The Committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve.<
[Rep. by Act 16 of 2003, sec. 21.] (See Annexe)
(1) Where the State Government leases or otherwise transfers any area under its control, not being an area within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the conditions specified in section 18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of 1[sections 18 to 35] (both inclusive), 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government.
(2) The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in sub-section (1), whether or not such area has been declared, to be a sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the pro
(1) The Central Government shall constitute a body to be known as the Central Zoo Authority (hereinafter in this Chapter referred to as the Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
(2) The Authority shall consist of—
(a) chairperson;
(b) such number of members not exceeding ten; and
(c) member-secretary, to be appointed by the Central Government.
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* Section 38A ins. by Act 44 of 1991, sec. 26 (w.e.f. 4-2-1992), vide S.O. 112(E), dated 3rd February, 1992.
(1) The chairperson and every member 1[other than the Member-Secretary] shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf.
(2) The chairperson or a member may by writing under his hand addressed to the Central Government, resign from the office of chairperson or, as the case may be, of the member.
(3) The Central Government shall remove a person from the office of chairperson or member referred to in sub-section (2) if that person—
(a) becomes an undischarged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government, involves moral turpitude;
(c) becomes of unso
The Authority shall perform the following functions, namely:—
(a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo;
(b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed;
(c) recognise or derecognise zoos;
(d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo;
(e) co-ordinate the acquisition, exchange and loaning of animals for breeding purposes;
(f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity;
(1) The Authority shall meet as and when necessary and shall meet at such time and place as the chairperson may think fit.
(2) The Authority shall regulate its own procedure.
(3) All orders and decisions of the Authority shall be authenticated by the Member-Secretary or any other officer of the Authority duly authorised by the Member-Secretary in this behalf.
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* Section 38D ins. by Act 44 of 1991, sec. 26 (w.e.f. 4-2-1992), vide S.O. 112(E), dated 3rd February, 1992.
(1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary.
(2) There shall be constituted a Fund to be called the Central Zoo Authority Fund and there shall be credited thereto any grants and loans made to the Authority by the Central Government, all fees and charges received by the Authority under this Act and all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Authority and the expenses of the Authority in the discharge of its functions under this Chapter and expenses on obje
The Authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government.
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* Section 38F ins. by Act 44 of 1991, sec. 26 (w.e.f. 4-2-1992), vide S.O. 112(E), dated 3rd February, 1992.
The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the non-acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received before each House of Parliament.
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* Section 38G ins. by Act 44 of 1991, sec. 26 (w.e.f. 4-2-1992), vide S.O. 112(E), dated 3rd February, 1992.
(1) No zoo shall be operated without being recognised by the Authority:
Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 may continue to operate without being recognised for a period of 1[eighteen months from the date of such commencement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal.
2[(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 a zoo shall not be established without obtaining the prior approval of the Authority.]
(2) Every application for recognition of a zoo shall
(1) Subject to the other provisions of this Act, no zoo shall acquire, sell or transfer any wild animal or captive animal specified in Schedules I and II except with the previous permission of the Authority.
(2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.]
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* Section 38-I ins. by Act 44 of 1991, sec. 26 (w.e.f. 4-2-1992), vide S.O. 112(E), dated 3rd February, 1992.
1. Section 38-I ins. by Act 44 of 1991, sec. 26 (w.e.f. 2-10-1991) and subs. by Act 16 of 2003, sec. 24 (w.e.f. 1-4-2003).
No person shall tease, molest, injure or feed any animal or cause disturbance to the animals by noise or otherwise or litter the grounds in a zoo.
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* Section 38J ins. by Act 44 of 1991, sec. 26 (w.e.f. 4-2-1992), vide S.O. 112(E), dated 3rd February, 1992.
In this Chapter,—
(a) “National Tiger Conservation Authority” means the Tiger Conservation Authority constituted under section 38L;
(b) “Steering Committee” means the Committee constituted under section 38U;
(c) “Tiger Conservation Foundation” means the foundation established under section 38X;
(d) “tiger reserve State” means a State having tiger reserve;
(e) “tiger reserve” means the areas notified as such under section 38V.
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* Section 38K ins. by Act 39 of 2006, sec. 2 (w.e.f. 4-9-2006).
The Central Government shall constitute a body to be known as the National Tiger Conservation Authority (hereinafter in this Chapter referred to as the Tiger Conservation Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
(2) The Tiger Conservation Authority shall consist of the following members, namely:—
(a) the Minister in charge of the Ministry of Environment and Forests—Chairperson;
(b) the Minister of State in the Ministry of Environment and Forests—Vice-Chairperson;
(c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States;
(d) eight experts or professionals having pr
(1) A member nominated under clause (d) of sub-section (2) of section 38L shall hold office for such period not exceeding three years:
Provided that a member may, by writing under his hand, addressed to the Central Government, resign from his office.
(2) The Central Government shall remove a member referred to in clause (d) of sub-section (2) of section 38L, from office if he—
(a) is, or at any time has been, adjudicated as insolvent;
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
(c) is of unsound mind and stands so declared by a competent court;
(d) refuses to act or becomes incapabl
(1) The Tiger Conservation Authority may, with the previous sanction of the Central Government, appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act:
Provided that the officers and employees holding office under the Directorate of Project Tiger and dealing with Project Tiger immediately before the date of constitution of the Tiger Conservation Authority shall continue to hold office in the said Authority by the same tenure and upon the same terms and conditions of service until the expiry of the period of six months from that date if such employee opts not to be the employee of that Authority.
(2) The terms and conditions of service of the officers and other employees of the Tiger Conservation Authority shall be such as may be prescribed.
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The Tiger Conservation Authority shall have the following powers and perform the following functions, namely:—
(a) to approve the Tiger Conservation Plan prepared by the State Government under sub-section (3) of section 38V of this Act;
(b) evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the tiger reserves;
(c) lay down normative standards for tourism activities and guidelines for project tiger from time to time for tiger conservation in the buffer and core area of tiger reserves and ensure their due compliance;
(d) provide for management focus and measures for addressing conflicts of men and wild animal and to emphasize on
(1) The Tiger Conservation Authority shall meet at such time and at such place as the Chairperson may think fit.
(2) The Chairperson or in his absence the Vice-Chairperson shall preside over the meetings of the Tiger Conservation Authority.
(3) The Tiger Conservation Authority shall regulate its own procedure.
(4) All orders and decisions of the Tiger Conservation Authority shall be authenticated by the Member-Secretary or any other officer of the said Authority duly authorised by the Member-Secretary in this behalf.
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* Section 38P ins. by Act 39 of 2006, sec. 2 (w.e.f. 4-9-2006).
(1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Tiger Conservation Authority grants and loans of such sums of money as that Government may consider necessary.
(2) There shall be constituted a Fund to be called the Tiger Conservation Authority Fund and there shall be credited thereto—
(i) any grants and loans made to the Tiger Conservation Authority by the Central Government;
(ii) all fees and charges received by the Tiger Conservation Authority under this Act; and
(iii) all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(3) The Fund referred to in sub-section (2) shall be applie
(1) The Tiger Conservation Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Tiger Conservation Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Tiger Conservation Authority to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Tiger Conservation Authority shall have the same rights and privileges and authority in connection with such audit as th
The Tiger Conservation Authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government.
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* Section 38S ins. by Act 39 of 2006, sec. 2 (w.e.f. 4-9-2006).
The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the non-acceptance, if any, of any of such recommendations, and the audit report to be laid, as soon as may be after the reports are received, before each House of Parliament.
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* Section 38T ins. by Act 39 of 2006, sec. 2 (w.e.f. 4-9-2006).
(1) The State Government may constitute a Steering Committee for ensuring co-ordination, monitoring, protection and conservation of tiger, co-predators and prey animals within the tiger range States.
(2) The Steering Committee shall consists of—
(a) the Chief Minister—Chairperson;
(b) Minister in-charge of Wild Life—Vice-Chairperson;
(c) such number of official members not exceeding five including at least two Field Directors of tiger reserve or Director of National Park and one from the State Government’s Departments dealing with tribal affairs;
(d) three experts or professionals having qualifications and experience in conservation of wild life of which at least one shall be from the field of
(1) The State Government shall, on the recommendations of the Tiger Conservation Authority, notify an area as a tiger reserve.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 of this Act shall, as far as may be, apply in relation to a tiger reserve as they apply in relation to a sanctuary.
(3) The State Government shall prepare a Tiger Conservation Plan including staff development and deployment plan for the proper management of each area referred to in sub-section (1), so as to ensure:—
(a) protection of tiger reserve and providing site specific habitat inputs for a viable population of tigers, co-predators and prey animals without distorting the natural prey-predator ecological cycle in
(1) No alteration in the boundaries of a tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the National Board for Wild Life.
(2) No State Government shall de-notify a tiger reserve, except in public interest with the approval of the Tiger Conservation Authority and the National Board for Wild Life.
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* Section 38W ins. by Act 39 of 2006, sec. 2 (w.e.f. 4-9-2006).
(1) The State Government shall establish a Tiger Conservation Foundation for tiger reserves within the State in order to facilitate and support their management for conservation of tiger and biodiversity and, to take initiatives in eco-development by involvement of people in such development process.
(2) The Tiger Conservation Foundation shall, inter alia, have the following objectives:—
(a) to facilitate ecological, economic, social and cultural development in the tiger reserves;
(b) to promote eco-tourism with the involvement of local stake-holder communities and provide support to safeguard the natural environment in the tiger reserves;
(c) to facilitate the creation of and or maintenance of, such assets as may be necessary for fulfillin
(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[***] 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 too
(1) Every person having at the commencement of this Act the control, custody or possession of any captive animal specified in Schedule I or Part II of Schedule II, 1[or animal article, trophy or uncured trophy] derived from such animal or salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept.
(2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or otherwise transfer or transport any animal specified in Schedule I or Part II of Schedule II or any uncured trophy or m
(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 or Part II of Schedule II 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 shall not be proceeded with and all pending proceedings shall stand abated.
(3) Any captive animal, ani
(1) On receipt of a declaration made under section 40, the Chief Wild Life Warden or the authorized officer may, after such notice, in such manner and at such time, as may be prescribed,-
(a) enter upon the premises of a person referred to in section 40;
(b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I and Part II of Schedule II and found thereon; and
(c) affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed.
The Chief Wild Life Warden may, for the purposes of section 40, issue a certificate of ownership in such form, as may be prescribed, to any person who, in his opinion, is in lawful possession of any wild animal or any animal article, trophy, uncured trophy and may, where possible, mark, in the prescribed manner, such animal article, trophy or uncured trophy for purposes of identification:
1[Provided that before issuing the certificate of ownership in respect of any captive animal, the Chief Wild Life Warden shall ensure that the applicant has adequate facilities for housing, maintenance and upkeep of the animal.]
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1. Ins. by Act 16 of 2003, sec. 27 (w.e.f. 1-4-2003).
(1) Subject to the provisions of sub-section (2), sub-section (3) and sub-section (4), a person (other than a dealer) who does not possess a certificate of ownership shall not-
(a) sell or offer for sale or transfer whether by way of sale, gift or otherwise, any wild animal specified in Schedule I or Part II of Schedule II or any captive animal belonging to that category or any animal article, trophy, uncured trophy or meat derived there from;
(b) make animal articles containing part or whole of such animal;
(c) put under a process of taxidermy an uncured trophy of such animal, except with the previous permission in writing of the Chief Wild Life Warden o
(1) [Subject to the provisions of Chapter VA, no person shall, except under, and in accordance with, a license granted under sub-section (4)]-
(a) commence or carry on the business as-
(i) a manufacturer of or dealer in, any animal article; or [***]
(ii) a taxidermist; or
(iii) a dealer in trophy or uncured trophy; or
(iv) a dealer in captive animals; or
(v) a dealer in meat; or
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Subject to any general or special order of the State Government, the Chief Wild Life Warden or the authorised officer may, for reasons to be recorded by him in writing, suspend or cancel any licence granted or renewed under section 44:
Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.
(1) An appeal from an order refusing to grant or renew a licence under section 44 or an order suspending or cancelling a licence under section 45 shall lie—
(a) if the order is made by the authorised officer, to the Chief Wild Life Warden; or
(b) if the order is made by the Chief Wild Life Warden, to the State Government.
(2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause (a) of sub-section (1), a second appeal shall lie to the State Government.
(3) Subject as aforesaid, every order passed in appeal under this section shall be final.
(4) An appeal under this section shall be preferred within thirty days from the date of communication, to the applicant, of the ord
A licensee under this Chapter shall—
(a) keep records, and submit such returns of his dealings, as may be prescribed,—
(i) to the Director or any other officer authorised by him in this behalf, and
(ii) to the Chief Wild Life Warden or the authorised officer; and
(b) make such records available on demand for inspection by such officers.
No licensee under this Chapter shall—
(a) keep in his control, custody or possession,—
(i) any animal, animal articles, trophy or uncured trophy in respect of which a declaration under the provisions of sub-section (2) of section 44 has to be made but has not been made;
(ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;
(b) (i) capture any wild animal, or
(ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in Schedule I or Part II of Schedule II or any animal article, trophy, uncured trop
No person shall accept any wild animal (other than vermin), or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf has been obtained for such transportation.]
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1. Ins. by Act 44 of 1991, sec. 31 (w.e.f. 2-10-1991).
No person shall purchase, receive or acquire any captive animal, wild animal, other than vermin, or any animal article, trophy, uncured trophy or meat derived there from otherwise than from a dealer or from a person authorized to sell or otherwise transfer the same under this Act:
[Provided that nothing in this section shall apply to a recognized zoo subject to the provisions of section 38I or to public museum.]
In this Chapter,—
(a) “scheduled animal” means an animal specified for the time being in Schedule I or Part II of Schedule II;
(b) “scheduled animal article” means an article made from any scheduled animal and includes an article or object in which the whole or any part of such animal 1[has been used but does not include tail feather of peacock, an article or trophy made therefrom and snake venom or its derivative];
(c) “specified date” means—
(i) in relation to a scheduled animal on the commencement of the Wild Life (Protection) (Amendment) Act, 1986, the date of expiry of two months from such commencement; 2[***]
(ii) in relation to any animal added or transferred to Schedule I or Part II
(1) Subject to the other provisions of this section, on and after the specified date, no person shall,-
(a) commence or carry on the business as-
(i) a manufacturer of, or dealer in scheduled animal articles; or
1[(ia) a dealer in ivory imported into India or articles made therefrom or a manufacturer of such articles; or]
(ii) a taxidermist with respect to any scheduled animals or any parts of such animals; or
(iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or
(iv) a dealer in any captive animals being scheduled animals; or
(v) a dealer in meat derived from any scheduled animal; or
&n
(1) Every person carrying on the business or occupation referred to in sub-section (1) of section 49B shall, within thirty days from the specified date, declare to the Chief Wild Life Warden or the authorised officer,—
(a) his stocks, if any, as at the end of the specified date of—
(i) scheduled animal articles;
(ii) scheduled animals and parts thereof;
(iii) trophies and uncured trophies derived from scheduled animals;
(iv) captive animals, being scheduled animals;
1[(v) ivory imported into India or articles made therefrom;]
(b) the place or places at which the stocks mentioned in the declaratio
(1) Notwithstanding anything contained in any other law for the time being in force, the Director or any other officer authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer or any forest officer or any police officer not below the rank of a sub-inspector, may, if he has reasonable grounds for believing that any person has committed an offence against this Act,—
(a) require any such person to produce for inspection any captive animal, wild animal, animal article, meat, 1[trophy, uncured trophy, specified plant or part or derivative thereof] in his control, custody or possession, or any licence, permit or other document granted to him or required to be kept by him under the provisions of this Act;
(b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any premi
(1) Any person who 1[contravenes any provision of this Act 2[(except Chapter VA and section 38J)] or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to 3[three years] or with fine which may extend to 4[twenty-five thousand rupees] or with both:
5[Provided that where the offence committed is in relation to any animal specified in Schedule I or Part II of Schedule II or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park, such offence shall be punishable with imprisonment for a term which shall no
Section 51 of the Wild Life Protection Act, 1972, prescribes the penalties and punishments for contraventions of the Act, including illegal possession, hunting, and trade of protected wildlife species. It forms a crucial part of the legal framework aimed at wildlife conservation and protection of biodiversity in India.
Section 51 stipulates that:- Contravention of any provisions of the Act, especially related to hunting, possession, or trade of wildlife, can attract imprisonment for up to 3 years or 7 years in severe cases, along with fines up to Rs. 25,000 or Rs. 1,00,000 respectively.- The section also empowers courts to order the forfeiture of any animal articles, trophies, or equipment involved in the offense.- For certain offences, the penalties are more stringent, reflecting the severity of the violation.
When any person accused of, the commission of any offence relating to Schedule I or Part II of Schedule II or offences relating to hunting inside the boundaries of National Park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the Act, then notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) no such person who had been previously convicted of an offence under this Act shall, be released on bail unless—
(a) the Pubic Prosecutor has been given an opportunity of opposing the release on bail; and
(b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.]
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The Wild Life Protection Act, 1972, was enacted to provide for the protection of wild animals, birds, and plants and to ensure the ecological balance in the country. Section 51 of the Act outlines the penalties for violations of its provisions, emphasizing the seriousness of wildlife protection.
Section 51(a) stipulates that any person who contravenes any provisions of the Act shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years, along with a fine.
The scope of Section 51(a) encompasses various offenses related to wildlife, including illegal hunting, possession of protected species, and trade in wildlife products. It applies to both individuals and entities involved in such activities.
The punishment under Section 51(a) includes:- Imprisonment: A minimum of three years, extendable to seven years.- Fine: A monetary penalty, which may vary based on the severity of the offense.
This commentary provides an overview of Section 51(a) of the Wild Life Protection Act, 1972, highlighting its significance in wildlife conservation and the legal implications of violations.
Whoever attempts to contravene, or abets the contravention of, any of the provisions of this Act or of any rule or order made thereunder shall be deemed to have contravened that provision or rule or order, as the case may be.
If any person, exercising powers under this Act, vexatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in section 50, he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(1) The Central Government may, by notification, empower the Director of Wild Life Preservation or any other officer not below the rank of Assistant Director of Wild Life Preservation and in the case of a State Government in the similar manner, empower the Chief Wild Life Warden or any officer of a rank not below the rank of a Deputy Conservator of Forests, to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed.
(2) On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person.
(3) The officer compounding any offence may order the can
No court shall take cognizance of any offence against this Act except on the complaint of any person other than—
(a) the Director of Wild Life Preservation or any other officer authorised in this behalf by the Central Government; or
2[(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or]
3[(ab) Member-Secretary, Tiger Conservation Authority; or
(ac) Director of the concerned tiger reserve; or]
(b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government 2[subject to such conditions as may be specified by that Government] ; or
2[(bb) the
Section 55 of the Wild Life (Protection) Act, 1972 (WLPA), is a statutory provision that fundamentally alters the standard criminal procedure regarding the initiation of court proceedings. Unlike the general regime under the Code of Criminal Procedure (CrPC), which allows a Magistrate to take cognizance upon police reports (Section 173 CrPC) or informations (Section 154 CrPC), Section 55 WLPA creates a specific bar that mandates cognizance only on a complaint filed by designated authorized officers. This section serves as a gatekeeper to the judiciary in environmental crimes, ensuring that cases involving the depletion of wildlife resources are launched by officials with specific expertise and statutory authorization, thereby preventing frivolous or unauthorized private prosecutions while streamlining the path for competent authorities.
Section 55 explicitly mandates that no court shall take cognizance of any offence against the Wild Life (Protection) Act except on the complaint of persons falling into specific categories defined in the statute. The text of the provision enumerates three primary categories of complainants:1. Central Government Officers: Including the Director of Wildlife Preservation or any officer authorized by the Central Government.2. State Government Officers: Including the Chief Wildlife Warden or any officer authorized by the State Government subject to specified conditions.3. Private Citizens: Any person who has given notice of not less than sixty days to the Central or State Government of their intention to make a complaint.The provision applies to the Director of Wildlife Preservation, Chief Wildlife Wardens, and any other officer authorized in this behalf by the respective Governments. Members of the Central Zoo Authority and Tiger Conservation Authority are also included for specific violations. Crucially, the section uses prohibitory language ("No court shall take cognizance... except"), indicating a mandatory restriction on judicial power unless the complaint requirement is met.
For a valid prosecution under Section 55 to proceed, the following essential ingredients must be satisfied:* Statutory Complainant: The complaint must be filed by a person falling within the specific categories listed in Section 55(a), (aa), (ab), (ac), (b), (bb), or (c).* Authorization: For forest officers and police officers to act as complainants, there must be a valid State or Central Government notification specifically authorizing them under Section 55. A generic authorization or rank alone may not suffice if a specific notification empowering them to file complaints under this section is lacking.* Absence of Private Complaint (60 Days): For a private citizen to file a complaint, they must satisfy the strict condition of providing a notice of at least sixty days to the government prior to the filing of the complaint.* Timing of Complaint: The complaint must be filed before the court to initiate cognizance. A police case (FIR/Charge Sheet) or a report under Section 173 CrPC does not trigger cognizance under this section unless accompanied/conconverted into a formal complaint by the authorized officer.* Jurisdiction of the Court: The court taking cognizance must be one in which the authorized officer has the competence to file the complaint, as specific notifications often limit the geographic or jurisdictional scope of the complainant.
The scope of Section 55 is extensive but strictly interpreted by courts to maintain the integrity of wildlife protection laws:* Bar on Police Reports: Courts have held that merely submitting a charge sheet under Section 173 CrPC by the police (even a Range Forest Officer or Police Inspector) does not constitute a valid complaint under Section 55, rendering the cognizance void if no separate authorized complaint is filed.* Incompetence of Unauthorized Officers: Proceedings initiated by officers who do not possess a specific notification under Section 55 are liable to be quashed, even if they hold high ranks like Sub-Inspector or write seizure reports.* Question of Fact vs. Law: While the existence of a valid complaint is a prerequisite for cognizance, questions regarding the authenticity of a license or possession certificate held by the accused are matters of fact and evidence, not grounds for quashing a valid complaint under Section 55 itself.* Delegation of Power: The power to complain can be delegated by the Chief Wildlife Warden to subordinate officers (e.g., Deputy Conservators, Asssic Warrant Warden) through specific notifications, and complaints by such delegates are valid.* Parallel Proceedings: While Section 55 bars cognizance on police reports for offences specific to the Act, it does not necessarily bar the police from investigating cognizable offences that also attract the Indian Penal Code (IPC), although the prosecution for the specific WLPA charge remains barred until a compliant is filed.* Loco Standi: Public interest demands that citizens have the locus standi to intervene in prosecutions for withdrawal from prosecution, as wildlife offences affect society at large, not just the individual accused.
It is important to clarify that Section 55 itself does not prescribe a punishment for contravention. Instead, it is a procedural bar. However, a failure to comply with Section 55 (i.e., a court taking cognizance without a valid complaint) renders the proceedings void and liable to be quashed. There is no specific "punishment" for the judge or officer for violating this procedural bar, but the consequence is the dismissal of the criminal case against the accused without prejudice to the state filing a fresh complaint by the authorized officer. Conversely, an authorized officer filing a false complaint could be liable under general criminal laws for forgery or false prosecution, though the Act does not have a specific penal section for non-compliance with Section 55. The actual punishment for the offences mentioned in the WLPA (like poaching or possession) is prescribed in other sections (e.g., Section 51), which can range from imprisonment (2 to 7 years) and fines to forfeiture of property.
Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence against this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act:
Provided that no person shall be punished twice for the same offence.
Where, in any prosecution for an offence against this Act, it is established that a person is in possession, custody or control of any captive animal, animal article, meat, 1[trophy, uncured trophy, specified plant, or part or derivative thereof] it shall be presumed, until the contrary is proved, the burden of proving which shall lie on the accused, that such person is in unlawful possession, custody or control of such captive animal, animal article, meat 2[trophy, uncured trophy, specified plant, or part or derivative thereof].
-----------------------------
1. Ins. by Act 39 2006, sec. 4 (w.e.f. 4-9-2006).
2. Subs. by Act 44 of 1991, sec. 40, for “trophy or uncured trophy” (w.e.f. 2-10-1991).
-----------------------------
(1) Where an offence against this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence against this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attribut
The provisions of this Chapter shall apply only to the following persons, namely:—
(a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three years or more;
(b) every associate of a person referred to in clause (a);
(c) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration.
------------------
* Section 58A ins. by Act 1
In this Chapter, unless the context otherwise requires,—
(a) “Appellate Tribunal” means the Appellate Tribunal for Forfeited Property constituted under section 58N;
(b) “associate” in relation to a person whose property is liable to be forfeited under this Chapter, includes—
(i) any individual who had been or is managing the affairs or keeping the accounts of such person;
(ii) any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act, 1956 (1 of 1956) of which such person had been or is a member, partner or director;
(iii) any individual who had been or is a member, partner or director of an association of persons, body of i
Section 58(b) of the Wildlife Protection Act, 1972, deals with the legal implications and penalties concerning offences committed by companies involved in wildlife crimes. It forms part of the broader legal framework aimed at safeguarding wild animals, birds, and plants from illegal activities such as poaching, hunting, and trade.
Section 58(b) specifies that when an offence under the Act is committed by a company, every person in charge of the company at the time of the offence can be held liable. It emphasizes that the liability extends to individuals responsible for the company's actions, establishing corporate accountability for wildlife offences.
Note: This commentary synthesizes legal insights from the provided sources and general legal principles related to Section 58(b) of the Wild Life Protection Act, 1972.
(1) From the date of commencement of this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf.
(2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the State Government concerned in accordance with the provisions of this Chapter:
Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act applies before a period of six years from the date on which he was charged for an offence relating to illegal hunting and trade of wild life and its products.
------------------
* Sec
The State Government may, by order published in the Official Gazette, authorise any officer not below the rank of Chief Conservator of Forests to perform the functions of the competent authority under this Chapter in respect of such persons or classes of persons as the State Government may, direct.
------------------
* Section 58D ins. by Act 16 of 2003, sec. 34 (w.e.f. 1-4-2003).
(1) An officer not below the rank of Deputy Inspector General of Police duly authorised by the Central Government or as the case may be, the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person.
(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary.
(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent aut
(1) Where any officer conducting an inquiry or investigation under section 58E has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned:
Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.<
(1) The State Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of Conservator of Forests) as it thinks fit, to perform the functions of an Administrator.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 58F or under section 58-I in such manner and subject to such conditions as may be prescribed.
(3) The Administrator shall also take such measures as the State Government may direct, to dispose of the property which is forfeited to the State Government.
(1) If having regard to the value of the properties held by any person to whom this Chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under section 58E or otherwise, the competent authority for reasons to be recorded in writing believes that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice of show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the State Government under this Chapter and in support of his case indicate the sources of his income, earnings or assets, out of w
(1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 58H, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person, also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties:
Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex p
In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under section 58H is not illegally acquired property shall be on the person affected.
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* Section 58J ins. by Act 16 of 2003, sec. 34 (w.e.f. 1-4-2003).
(1) Where the competent authority makes a declaration that any property stands forfeited to the State Government under section 58-I and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.
(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.
(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order revoke the declaration of forfeiture under section 58-I and thereupon such property shall stand released.
&nbs
In the case of any person referred to in sub-clause (vi) of clause (b) of section 58B, if the competent authority, on the basis of the information and materials available to it, for reasons to be recorded in writing believes that any property held in trust, is illegally acquired property, it may serve a notice upon the author of the trust, or as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 58H and all the other provisions of this Chapter shall apply accordingly.
&nb
Where after the making of an order under sub-section (1) of section 58F or the issue of a notice under section 58H or under section 58L, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the State Government under section 58-I, then the transfer of such property shall be deemed to be null and void.
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* Section 58M ins. by Act 16 of 2003, sec. 34 (w.e.f. 1-4-2003).
(1) The State Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairman, and such number of other members (being officers of the State Government not below the rank of a Principal Secretary to the Government), as the State Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L.
(2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court.
(3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.
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(1) Any person aggrieved by an order of the competent authority made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L may, within forty-five days from the date on which the order is served on him prefer an appeal to the Appellate Tribunal:
Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against.
(3) The
No notice issued or served, no declaration made, and no order passed under this Chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned.
No order passed or declaration made under this Chapter shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter.
------------------
* Section 58Q ins. by Act 16 of 2003, sec. 34 (w.e.f. 1-4-2003).
The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for examination of witnesses or documents;
(f) any other matter which may be prescribed.
(1) Notwithstanding anything contained in any other law for the time being in force, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, on points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Chapter.
(2) Every officer referred to in section 58T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter.
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* Section 58S ins. by Act 16 of 2003, sec. 34 (w.e.f. 1-4-2003).
For the purposes of any proceedings under this Chapter, the following officers shall render such assistance as may be necessary to the Administrator appointed under section 58G, competent authority and the Appellate Tribunal, namely:—
(a) officers of Police;
(b) officers of the State Forest Departments;
(c) officers of the Central Economic Intelligence Bureau;
(d) officers of the Directorate of Revenue Intelligence;
(e) such other officers as specified by the State Government in this behalf by notification in the Official Gazette.
(1) Where any property has been declared to be forfeited to the State Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 58K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 58G or to any person duly authorised by him in this behalf within thirty days of the service of the order.
(2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary.
(3) Notwithstanding anything contained in sub-section (2),
With a view to rectifying any mistake apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order:
Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order\:"
Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not be made without giving to such person a reasonable opportunity of being heard.
------------------
* Section 58V ins. by Act 16 of 2003, sec. 34 (w.e.f. 1-4-2003).
No finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this Chapter.
Any notice or order issued or made under this Chapter shall be served,—
(a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;
(b) if the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.]
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* Section 58X ins. by Act 16 of 2003, sec. 34 (w.e.f. 1-4-2003).
Any person who knowingly acquires, by any mode whatsoever, any property in relation to which proceedings are pending under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.]
Every officer referred to 1[in Chapter II and the chairperson, members, member-secretary and other officers and employees referred to in Chapter IVA 2[Chapter IVB]] and every other officer exercising any of the powers conferred by this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
----------------------------------
1. Subs. by Act 44 of 1991, sec. 41, for “in Chapter II and” (w.e.f. 2-10-1991).
2. Ins. by Act 39 of 2006, sec. 5 (w.e.f. 4-9-2006).
(1) No suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
1[(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IVA 2[Chapter IVB] and its chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.]
(1) When a court imposes a sentence of fine or a sentence of which fine forms a part, the court may, when passing judgment, order that the reward be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the proceeds of fine not exceeding 2[fifty per cent. of such fine].
(2) When a case is compounded under section 54, the officer compounding may order reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the sum of money accepted by way of composition not exceeding 3[fifty per cent. of such money].]
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1. Ins. by Act 44 of 1991, sec. 43 (w.e.f. 2-10-1991).
&n
The State Government may empower the Chief Wild Life Warden to order payment of reward not exceeding ten thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed.]
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1. Ins. by Act 16 of 2003, sec. 36 (w.e.f. 1-4-2003).
(1) The Central Government may, if it is of opinion that it is expedient so to do, by notification, 1[add or delete any entry to or from any Schedule] or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another.
2[***]
(3) On the issue of a notification under sub-section (1) 3[***] the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration.
4[***]
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1. Subs. by Act 44 of 1991, sec. 44, for “add any entry to any schedule” (w.e.f. 2-10-199
1[The Central Government] may, by notification, declare any wild animal other than those specified in Schedule I and Part II of Schedule II to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be deemed to have been included in Schedule V.
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1. Subs. by Act 44 of 1991, sec. 45, for “subject to the provision of section 61, the State Government” (w.e.f. 2-10-1991).
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1[(1) The Central Government may, by notification, make rules for all or any of the following matters, namely:—
(a) conditions and other matters subject to which a licensee may keep any specified plant in his custody or possession under section 17F;
2[(ai) the term of office of members other than those who are members ex officio; the manner of filling vacancies, the procedure to be followed by the National Board under sub-section (2) and allowances of those members under sub-section (3) of section 5A;]
(b) the salaries and allowances and other conditions of appointment of chairperson, members and member-secretary under sub-section (5) of section 38B;
(c) the terms and conditions of service of the officers and other employees of the Centr
(1) The State Government may, by notification, make rules for carrying out the provisions of this Act in respect of matters which do not fall within the purview of section 63.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
1[(a) the term of office of members other than those who are members, ex officio, the manner of filling vacancies and the procedure to be followed by the Board under sub-section (2) of section 6;
(b) allowances referred to in sub-section (3) of section 6;]
(c) the forms to be used for any application, certificate, claim, declaration, licence, permit, registration, return o
Nothing in this Act shall affect the hunting rights conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands by notification of the Andaman and Nicobar Administration, No. 40/67/F, No. G 635, Vol. III, dated the 28th April, 1967, published at pages 1-5 of the extraordinary issue of the Andaman and Nicobar Gazette, dated the 28th April, 1967.
(1) As from the commencement of this Act, every other Act relating to any matter contained in this Act and in force in a State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed:
Provided that such repeal shall not,—
(i) affect the previous operation of the Act so repealed, or anything duly done or suffered thereunder;
(ii) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed;
(iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
&
SCHEDULE-I
[See sections 2, 8, 9, 11, 40, 41, 43, 48, 51, 61, and 62]
PART-I
Mammals
1 [1.Andaman Wild pig (Susandamanensis).]
2 [1-A.Bharal (Ovis nahura).]
2 [1-B.Binturong (Arctictis binturong).]
2.Black buck (Antelope cervicapra)
2 [2-A.***]
3.Brow-antlered deer or Thamin (Cervus eldi.)
3 [3-A.Himalayan Brown bear (Ursus Arctos).]
3 [3-B.Capped Langur (Presbyx Pileatus).]
4.Caracal (Felis cara
SCHEDULE II
[See sections. 2, 8, 9,1[***], 40, 41, 43, 48, 51, 61, and 62]
2[***]
PART I
1. ***]
3[1-A. Assamese macaque (Macaca assamensis)]
4[2. Bengal Porcupine (Atherurus mecrourus assamensis)]
3. ***]
3[3-A. Bonnet macaque (Macaca radiata)]
4[3-B. ***]
5[3-C. Catatean spp. (other than those listed in Sch. I and Sch.II, Part II)]
4[4. ***]
3[4-A. Common langur (Presbytis entellus)]
&
SCHEDULE III
(See sections 2, 8, 9 1[***] 11 and 61)
2[***]
3[1. ***]
2. Barking deer or muntjac (Muntiacus muntjak).
2[3. ***]
4[4. ***]
5. Chital (Axix axis).
4[6. ***]
7. Gorals (Nemorhaedus goral, Nemorhaedus hodgsoni).
4[8. ***]]
5[9. ***]
4[10. ***]
&nb
SCHEDULE IV
(See sections 2, 8, 9, 11 and 61)
1[***]
2[1. ***]
5[1-A. ***]
2[2. ***]
3. ***
3[3-A. Five-striped palm squirrel (Funambulus pennanti).]
4. Hares (Black Naped, Common Indian, Desert, Himalayan mouse hare).
4[4-A. Hedge hog (Hemiechinus auritus).]
5[4-B. ***]
5[4-C. ***]
5[4-D. ***]
The Wild Life Protection Act, 1972, is a significant piece of legislation in India aimed at the conservation and protection of wildlife and their habitats. It establishes a framework for the protection of various species of animals and plants, categorizing them into different schedules based on their conservation status. Schedule IV specifically addresses species that require protection but are not as endangered as those listed in Schedules I and II.
Schedule IV of the Wild Life Protection Act, 1972, includes various species of wild animals and birds that are protected under the law. It prohibits the hunting, capturing, or trade of these species without appropriate licenses or permits.
The scope of Schedule IV extends to various mammals and birds that are deemed necessary for ecological balance. The protection offered is less stringent compared to the higher schedules, allowing for regulated interactions under specific conditions.
Violations of the provisions under Schedule IV can lead to penalties, including fines and imprisonment. The severity of the punishment is generally less than that for violations involving species listed in Schedules I and II.
SCHEDULE V
(See sections 2, 8, 61 and 62)
1. Common crow.
1[2. ***]
3. Fruit bats.
1[4. ***]
5. Mice.
6. Rats.
2[7. ***]
-----------------------------------
1. Vide Notification No. FJ 11012/31/76 FRY(WL), dated 5th October, 1977, published in the Gazette of India, Extra., Pt. II, Sec. 3 (i), p. 385, dated 5th October, 1977.
2. Vide Notifi
1[SCHEDULE VI
(See section 2)
1. Beddomes’ cycad (Cycas beddomei).
2. Blue Vanda (Vanda eoerulea).
3. Kuth (Saussurea costus).
4. Ladies slipper orchids (Paphiopedilium spp.).
5. Pitcher plant (Nepenthes khasiana).
6. Red Vanda (Rananthera imschootiana).]
----------------------
1. Ins. by Act 44 of 1991, sec. 52 (w.e.f. 2-10-1991).
The Wild Life Protection Act, 1972 was enacted to ensure the protection of India's wildlife and their habitats. It establishes a framework for the conservation of various species and regulates activities that may threaten their existence. Schedule VI specifically addresses the protection of certain endemic plants, prohibiting their cultivation and planting.
Section VI of the Wild Life Protection Act, 1972 prohibits the cultivation and planting of specified endemic plants. This section aims to safeguard these species from exploitation and ensure their survival in their natural habitats.
The scope of Section VI extends to all individuals and entities, including private citizens and organizations, who may engage in the cultivation or planting of the specified endemic plants. The enforcement of this section is crucial for the conservation of biodiversity.
Violations of Section VI can lead to severe penalties, including imprisonment and fines, reflecting the seriousness of the offense against protected species.
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