WILD LIFE (PROTECTION) AMENDMENT ACT, 2002
(1) This Act may be called the Wild Life (Protection) Amendment Act, 2002.
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
_______________________________
1. Date of Enforcement of all Sections except Section 6 is 01.04.2003 by Notification No. S.O. 332(E). Dated 28.03.2003
The Wild Life (Protection) Amendment Act, 2002, amends the original Wild Life (Protection) Act of 1972, aiming to enhance the protection of wildlife in India. This amendment introduces various provisions to regulate the conservation and management of wildlife, including stricter penalties for violations and the establishment of community reserves.
Section 1 of the Wild Life (Protection) Amendment Act, 2002, outlines the short title, extent, and commencement of the Act. It states that the Act may be called the Wild Life (Protection) Amendment Act, 2002, and it extends to the whole of India.
The scope of Section 1 is primarily administrative, establishing the legal framework for the subsequent provisions of the Act. It sets the stage for the detailed regulations and protections that follow in later sections.
While Section 1 itself does not prescribe any punishments, subsequent sections of the Act outline penalties for violations related to wildlife protection.
In the Wild Life (Protection) Act, 1972 (53 of 1972) (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted, namely:--
"An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.".
In section 2 of the principal Act,--
(a) for clause (1), the following clause shall be substituted, namely:--
'(1) "animal" includes mammals, birds, reptiles, amphibians, fish, other chordates and invertebrates and also includes their young and eggs;';
(b) for clause (4), the following clause shall be substituted, namely:--
'(4) "Board" means a State Board for Wild Life constituted under subsection (1) of section 6;';
(c) clause (8) shall be omitted;
(d) for clause (9), the following clause shall be substituted, namely:--
'(9) "Collector" means the chief officer-in-charge of the revenue administration of a district o
In section 3 of the principal Act,--
(i) in sub-section (1), clause (b) shall be omitted;
(ii) for sub-section (3), the following sub-section shall be substituted, namely:--
"(3) The officers and other employees appointed under this section shall be required to assist the Director.".
In section 4 of the principal Act, in sub-section (1), for clause (bb), the following clause shall be substituted, namely:--
"(bb) Honorary Wild Life Wardens;".
After section 5 of the principal Act, the following sections shall be inserted, namely:--
"5A. Constitution of the National Board for Wild Life.--
(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
For section 6 of the principal Act, the following section shall be substituted, namely:--
"6.Constitution of State Board for Wild Life.--
(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
In section 8 of the principal Act,--
(i) for the words "the Wild Life Advisory Board", the words "State Board for Wild Life" shall be substituted;
(ii) for clause (a), the following clause shall be substituted, namely:--
"(a) in the selection and management of areas to be declared as protected areas;".
In section 11 of the principal Act, in sub-section (1),--
(i) in clause (a), the following provisos and Explanation thereunder shall be inserted, namely:--
"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, tranquilised 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 the reasons for the same are recorded in writing
Explanation.--For the purposes of clause (a), the process of capture or translocation, as the case may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal'';
In Chapter IV of the principal Act, for the heading "SANCTUARIES, NATIONAL PARK AND CLOSED AREAS", the following heading shall be substituted, namely:--
After section 18 of the principal Act, the following sections shall be inserted, namely:--
"18A. Protection to sanctuaries.--
(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.
18B. Appo
In section 21 of the principal Act, after the words "the Collector shall", the words "within a period of sixty days," shall be inserted.
After section 25 of the principal Act, the following section shall be inserted, namely:--
"25A. Time-limit for completion of acquisition proceedings.--
(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.".
In section 26A of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:--
"(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.".
For section 29 of the principal Act, the following section shall be substituted, namely:--
"29. Destruction, etc., in a sanctuary prohibited without a permit.--
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 :
&
In section 33 of the principal Act, after clause (a), the following proviso shall be inserted, namely:--
"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;".
After section 33A of the principal Act, the following section shall be inserted, namely:--
"33B. Advisory Committee.--
(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 mea
After section 34 of the principal Act, the following section shall be inserted, namely:--
"34A. Power to remove encroachment.--
(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:
&
In section 35 of the principal Act,--
(i) for sub-sections (5) and (6), the following sub-sections shall be substituted, namely:--
"(5) No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board.
(6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park 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 National Park, 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 National Board that such removal of wild life from the National Park
After section 36 of the principal Act, the following sections shall be inserted, namely:--
"36A. Declaration and management of a conservation reserve.--
(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 37 of the principal Act shall be omitted.
In section 38B of the principal Act, in sub-section (1), after the words "every member", the words "other than the Member-Secretary" shall be inserted.
In section 38H of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:--
"(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.".
For section 38-I of the principal Act, the following section shall be substituted, namely:--
"38-I. Acquisition of animals by a zoo.--
(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.".
In section 40 of principal Act,--
(i) in sub-section (1), for the words "or any uncured trophy", the words "or animal article, trophy or uncured trophy" shall be substituted;
(ii) after sub-section (2), the following sub-sections shall be inserted, namely:--
"(2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I or Part II of Schedule II, except by way of inheritance.
(2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such
After section 40 of the principal Act, the following section shall be inserted, namely:--
"40A. Immunity in certain cases.--
(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
In section 42 of the principal Act, the following proviso shall be added, namely:--
"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.".
For section 43 of the principal Act, the following section shall be substituted, namely:--
"43. Regulation of transfer of animal, etc.--
(1) No person having in his possession captive animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy.
(2) Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from outside the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the Ch
In section 50 of the principal Act,--
(i) in sub-section (3A), for the words "Wild Life Warden," the words "an Assistant Conservator of Forests" shall be substituted;
(ii) in sub-section (4), the words "under intimation to the Chief Wild Life Warden or the officer authorised by him in this regard" shall be inserted at the end;
(iii) for sub-section (6), the following sub-section shall be substituted, namely:--
"(6) Where any meat, uncured trophy, specified plant or part or derivative thereof is seized under the provisions of this section, the Assistant Director of Wild Life Preservation or any other officer of a gazetted rank authorised by him in this behalf or the Chief Wild Life Warden or the authorised officer may arrange for the disposal of the
In section 51 of the principal Act,--
(i) in sub-section (1), for the first and second provisos, the following provisos shall be substituted, namely:--
"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 not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand rupees:
Provided further that in the case of a second or subsequent offence of the nature mentioned in t
After section 51 of the principal Act, the following section shall be inserted, namely:--
"51A. Certain conditions to apply while granting bail.--
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 no such person who had been previously convicted of an offence under this Act shall, be released on bail unless--
(a) the Public Prosecutor has been given an opportunity of opposing the release on bail; and
(b) where the Public
For section 54 of the principal Act, the following section shall be substituted, namely:--
"54. Power to compound offences.--
(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 cust
In section 55 of the principal Act,--
(i) after clause (a), the following clause shall be inserted, namely:--
"(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or";
(ii) in clause (b), after the words "State Government", the words "subject to such conditions as may be specified by that Government" shall be inserted;
(iii) after clause (b), the following clause shall be inserted, namely:--
"(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38J; or".
After Chapter VI of the principal Act, the following Chapter shall be inserted, namely:--
In section 60A of the principal Act,--
(i) in sub-section (1), for the words "twenty per cent of such fine", the words "fifty per cent. of such fine" shall be substituted;
(ii) in sub-section (2), for the words "twenty per cent. of such money", the words "fifty per cent. of such money" shall be substituted.
After section 60A of the principal Act, the following section shall be inserted, namely:--
"60B. Reward by State Government.--
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.".
In section 63 of the principal Act, in sub-section (1), the following clause shall be inserted, namely:--
"(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;".
In section 64 of the principal Act, in sub-section (2),--
(i) for clauses (a) and (b), the following clauses shall be substituted, namely:--
"(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;";
(ii) after clause (d), the following clause shall be inserted, namely:--
"(dd) the conditions subject to which the officers will be authorised to file cases in the court;",
(iii) after clause (g), the following clauses shall be inserted, namely:--
&n
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
