WILD LIFE (PROTECTION) AMENDMENT ACT, 1991
(1) This Act may be called the Wild Life (Protection) Amendment Act, 1991.
(2) It shall come into force on such date1 as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act.
In the Wild Life (Protection) Act, 1872 (53 of 1972) (hereinafter referred to as the principal Act), in the long title, for the words "wild animals and birds", the words "wild animals, birds and plants" shall be substituted.
In the principal Act, after the long title, the preamble shall be omitted.
In section 1 of the principal Act,--
(a) for sub-section (2), the following sub-section shall be substituted, namely: --
"(2) It extends to the whole of India except the State of Jammu and Kashmir.";
(b) in sub-section (3), the words ", or may become extended in future," shall be omitted.
In section 2 of the principal Act,--
(a) in clause (2), for the words "has been used", the words "has been used, and ivory imported into India and an article made therefrom" shall be substituted;
(b) clause (3) shall be omitted;
(c) clause (6) shall be omitted;
(d) after clause (7), the following clause shall be inserted, namely: --
'(7A) "circus" means an establishment, whether stationary or mobile, where animals are kept or used wholly or mainly for the purpose of performing tricks or manoeuvres;';
(e) in clause (11), for the words "or meat", the words "meat or specified plant" shall be substituted;
(f) after claus
In section 4 of the principal Act,--
(a) in sub-section (2),--
(i) in clause (b), the word "and" shall be omitted;
(ii) after clause (b), the following clause shall be inserted, namely: --
"(bb) one Honorary Wild Life Warden in each district; and";
(b) in sub-section (3), for the words "The Wild Life Warden", the words "The Wild Life Warden, the Honorary Wild Life Warden" shall be substituted.
In section 6' of the principal Act,--
(a) in sub-section (1),--
(i) for clause (d), the following clause shall be substituted, namely: --
"(d) the Forest officer in charge of the State Forest Department, by whatever designation called, ex officio;";
(ii) for clause (g), the following clauses shall be substituted, namely: --
" (g) officers of the State Government not exceeding five;
(h) such other persons, not exceeding ten, who, in the opinion of the State Government, are interested in the protection of wild life, including the representatives of tribals not exceeding three.";
(b) after sub-section (1), as so amended
In section 8 of the principal Act,--
(i) in Clause (a), the words ", game reserves" shall be omitted;
(ii) for clause (b), the following clause shall be substituted, namely: --
" (b) in formulation of the policy for protection and conservation of the wild life and specified plants;";
(iii) in clause (c), the word "and" shall be omitted;
(iv) after clause (c), the following clause shall be inserted, namely: --
"(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".
For section 9 of the principal Act, the following section shall be substituted, namely: --
Prohibition of hunting.--
"9. No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under section 11 and section 12.".
Section 10 of the principal Act shall be omitted.
In section 12 of the principal Act, for clause (c), the following clauses shall be substituted, namely: --
"(c) collection of specimens--
(i) for recognised zoos subject to the permission under section 38-I; or
(ii) for museums and similar institutions;
(d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:".
Sections 13 to 17 (both inclusive) of the principal Act shall be omitted.
After Chapter III of the principal Act, the following Chapter shall be inserted, namely:--
In Chapter IV of the principal Act, in the heading thereof, the words "Game Reserves" shall be omitted.
In section. 18 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: --
"(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.".
In section 19 of the principal Act, for the words "Whenever any area is declared to be a sanctuary,", the words and figures "When a notification has been issued under section 18," shall be substituted.
In section 24 of the principal Act, in sub-section (2), after clause (b), the following clause shall be inserted, namely: --
"(c) allow, in consultation with the Chief Wild Life Warden, the continuance of any right of any person in or over any land within the limits of the sanctuary.".
After section 26 of the principal Act, the following section shall be inserted, namely: --
"26A.Declaration of area as sanctuary.--
(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,
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In section 27 of the principal Act, after sub-section (2), the following sub-sections shall be inserted, namely:--
"(3) No person shall, with intent to cause damage to any boundary-mark of a sanctuary or to cause wrongful gain as defined in the Indian Penal Code, alter, destroy, move or deface such boundary-mark.(45 of 1860.)
(4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.".
For section 29 of the principal Act, the following section shall be substituted, namely: --
Destruction, etc, in sanctuary prohibited without a permit.
"29. No person shall destroy, exploit or remove any wild life from a sanctuary or destroy or damage the habitat of any wild animal or deprive any wild animal of its habitat within such 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 that such destruction, exploitation or removal of wild life from the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit.
Explanation.--For the purposes of this section, grazing or movement of live-stock permitted under cl
In section 33 of the principal Act,--
(a) in clause (d), for the word "cattle;", the word "live-stock." shall be substituted;
(b) clause (e) shall be omitted.
After section 33 of the principal Act, the following section shall be inserted, namely:--
"33A. Immunisation of livestock.--(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.''.
In section 34 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely: --
"(3) No new licences under the Arms Act, 1959 shall be granted within a radius of ten kilometres of a sanctuary without the prior concurrence of the Chief Wild Life Warden.(54 to 1959)".
In section 35 of the principal Act,--
(a) in sub-section (1), the following proviso shall be added at the end, namely; --
"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.";
(b) in sub-section (3) for the figures, words, and brackets "19 to 26 (bath inilusive)" the figures, words letters and brackets "19 to 26A (both inclusive except clause (c) of sub-section (2) of section 24)" shall be substituted;
(c) in sub-section (7), for the word "cattle", wherever it occurs, the word "live-stock" shall be substituted;
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In Chapter IV of the principal Act, the sub-heading "Game Reserve", and section 36 below it, shall be omitted.
In section 38 of the principal Act, in sub-section (1), for the words and figures "sections 19 to 35", the words and figures "sections 18 to 35" shall be substituted.
After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:--
In section 39 of the principal Act, in sub-section (2),--
(a) in clause (a),--
(i) for the words "bred in captivity" the words "bred in captivity or hunted" shall be substituted;
(ii) the words "without a licence or" shall be omitted;
(b) after clause (b), the following clauses shall be inserted namely:--
"(c) ivory imported into India and an article made from such ivory in respect of which any offence against this Act or any rule or order made thereunder has been committed;
(d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act;";
(
In section 40 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:--
"(3) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of section 38-1 or to a public museum.".
In section 43 of the principal Act, in sub-section (6),--
(i) for clause (a), the following clause shall be substituted, namely--
"(a) to tail feather of peacock and the animal articles or trophies made therefrom;";
(ii), for clause (b), the following clause shall be substituted, namely:--
"(b) to any transaction entered into by a recognised zoo subject to the provisions of section 38-I or by a public museum with any other recognised zoo or public museum.".
In section 44 of the principal Act, in sub-section (1),--
(i) in clause (a), sub-clause (ia) shall be omitted;
(ii) after clause (b), the following clause shall be inserted, namely:--
"(c) derive, collect or prepare, or deal in, snake venom;";
(iii) for the second proviso, the following proviso shall be substituted, namely: --
"Provided further that nothing in this sub-section shall apply to the dealers in tail feathers of peacock and articles made therefrom and the manufacturers of such articles.".
After section 48 of the principal Act, the following section shall be inserted, namely: --
"48A. Restriction on transportation of wild life.-- 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.".
In section 49A of the principal Act,--
(a) in clause (b), for the words "has been used", the words "has been used but does not include tail feather of peacock, an article or trophy made therefrom and snake venom or its derivative;" shall be substituted;
(b) in clause (c),--
(i) in sub-clause (i), after the words "from such commencement", the word "and" shall be omitted;
(ii) after sub-clause (ii), the following sub-clause shall be inserted, namely: --
"(iii) in relation to ivory imported into India or an article made from such ivory, the date of expiry of six months from the commencement of the Wild Life (Protection) Amendment Act, 1991.".
In section 49B of the principal Act, in sub-section (1), in clause (a), after sub-clause (i), the following sub-clause shall be; inserted, namely:--
"(ia) a dealer in ivory imported into India or articles made therefrom or a manufacturer of such articles; or".
In section 49C of the principal Act,--
(a) in sub-section (1), in clause (a), after sub-clause (iv), the following sub-clause shall be inserted, namely: --
"(v) ivory imported into India or articles made therefrom;";
(b) in sub-section (7), for the words "any scheduled animal or a scheduled animal article", the words "any scheduled animal, a scheduled animal article or ivory imported into India or any article made therefrom.".
In section 50 of the principal Act,--
(a) in subsection (1),--
(i) in clause (a), for the words "trophy or uncured trophy", the words "trophy, uncurred trophy, specified plant or part or derivative thereof" shall be substituted;
(ii) for clause (c), the following clause shall be substituted, namely:---
"(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof, in respect of which an offence against this Act appears to have been committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which may be preferred ag
In section 51 of the principal Act,--
(a) in sub-section (1),--
(i) for the brackets, words, figure and letter " (except Chapter VA)", the brackets, words, figures and letters "(except Chapter VA and section 38J)", for the words "two years", the words "three years" and for the words "two thousand rupees", the words "twenty-five thousand rupees" shall be substituted;
(ii) in the first proviso, for the words "relates to hunting in", the words "relates to hunting in, or altering the boundaries of,", for the words "six months", the words "one year" and for the words "five hundred rupees", the words "five thousand rupees" shall be substituted;
(iii) for the second proviso, the following proviso shall be substituted, namely:--
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In section 54 of the principal Act, in sub-section (1), for the words "The State Government", the words "The Central Government may, by notification empower the Director of Wild Life Preservation or any other officer and the State Government" shall be substituted.
For section 55 of the principal Act, the following section shall be substituted, namely:--
"55. Cognizance of offences.--No court shall take cognizance of any offence against this Act 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
(b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government; or
(c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the State Government or the officer authorised as aforesaid.".
In section 57 of the principal Act, for the words "trophy or un-cured trophy", wherever they occur, the words "trophy, uncured trophy, specified plant, or part or derivative thereof" shall be substituted.
In section 59 of the principal Act, for the words and figures "in Chapter II and", the words, figures and letter "in Chapter II and the chairperson, members, member-secretary and other officers and employees referred to in Chapter IVA" shall be substituted.
In section 60 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:--
"(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IVA 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.".
After section 60 of the principal Act, the following section shall be inserted, namely : --
"60A. Reward to persons.--(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 twenty 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 twenty per cent. of such money.".
In section 61 of the principal Act,--
(a) in sub-section (1), for the words "add any entry to any Schedule", the words "add or delete any entry to or from any Schedule" shall be substituted;
(b) sub-section (2) shall be omitted;
(c) in sub-section (3), the words, brackets and figure "or sub-section (2)" shall be omitted;
(d) sub-section (4) shall be omitted.
QIn section 62 of the principal Act, for the words and figures "Subject to the provisions of section 61, the State Government" the words "The Central Government" shall be substituted.
In section 63 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: --
" (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;
(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 Central Zoo Authority under sub-section (7) of section 38B;
(d) the form in which the annual statement of accoun
In section 64 of the principal Act, in sub-section (2), after clause (e), the following clause shall be inserted, namely:--
"(ee) the manner in which measures for immunisation of live-stock shall be taken;".
In section 66 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:--
"(4) For the removal of doubts, it is hereby further declared that where any proceeding under any provision of sections 19 to 25 (both inclusive) is pending on the date of commencement of the Wild Life (Protection) Amendment Act, 1991, any reserve forest or a part of territorial waters comprised within a sanctuary declared under section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section 26A.".
In Schedule II to the principal Act, in the heading, the figures "10" and the words "Special Game" shall be omitted.
In Schedule III to the principal Act, in the heading the figures "10" and the words "Big Game" shall be omitted.
In Schedule IV to the principal Act, the heading "Small Game" shall be omitted.
After Schedule V to the principal Act, the following Schedule shall be inserted, namely:--
(See section 2)
1. Beddomes' cycad (Cycas beddomei)
2. Blue Vanda (Vanda coerulea)
3. Kuth (Saussurea lappa)
4. Ladies slipper orchids (Paphiopedilum spp.)
5. Pitcher Plant (Nepenthes Khasiana)
6. Red Vanda (Rananthera imschootiana).
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