WILD LIFE (PROTECTION) ACT 1972
EmailTHE WILD LIFE (PROTECTION) ACT,1972
ACT No. 53 OF 1972
9thSeptember, 1972
An Act to provide for the protection of 1 [wild animals, birds and plants] and for mattersconnected therewith or ancillary or incidental thereto
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1. Substituted for the words"wild animals and birds" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 2.
1[*]
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1.Preamble omitted by the WildLife (Protection) Amendment Act, 1991 (44 of 1991) Section 3.
BE itenacted by Parliament in the Twenty–third Year of the Republic of Indiaas follows: –
CHAPTER I
PRELIMINARY
1.Shorttitle, extent and commencement: (1) This Act may be called the Wild Life(Protection) Act, 1972.
1 [(2)It extends to the whole of Indiaexcept the State of Jammu and Kashmir.]
(3) Itshall 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 directly dates may be appointed for different provisions of this Act or fordifferent States or Union territories.
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1.Substituted for the original Sub-section (2) by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 4 (a).
2. Thewords "or may become extended in future" omitted Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 4 (b).
2.Definitions:In thisAct, unless the context otherwise requires, –
(1)"animal" includes amphibians, birds, mammals and reptiles and theiryoung, and also includes an article or object in which the whole or any part ofsuch animal 1 [has been used, and ivory imported into India and anarticle made therefrom].
(2)"animal article" means an article made from any captive animal orwild animal, other that vermin, and includes an article or object in which thewhole or any part of such animal has been used;
(3) 2[*]
(4)"Board" means the Wild Life Advisory Board constituted under sub–section(1) of section 6;
(5)"captive animal" means any animal, specified in Schedule I, ScheduleII, Schedule III or Schedule IV, which is captures or kept or bred incaptivity;
(6) 2[*]
(7)"Chief Wile Life Warden" means the person appointed as such underclause (a) of sub–section (1) of section 4;
3 [(7A) "circus" means an establishment,whether stationary or mobile, where animals are kept or used wholly or mainlyfor the purpose of performing tricks or manoeuvres;]
(8)"closed area" means the area which is declared under sub–section(1) of section 37 to be closed to hunting;
(9)"Collector" means the chief officer in charge of the revenueadministration of a district;
(10)"commencement of this Act", in relation to–
(a) aState, means commencement of this Act in that State,
(b) anyprovision of this Act, means the commencement of that provision in theconcerned State;
(11)"dealer" means any person who carries on the business of buying andselling any captive animal, animal article, trophy, uncured trophy 4 [meator specified plant];
(12)"Director" means the person appointed as Director of Wild LifePreservation under clause (a) of sub–section (1) of section 3;
5 [(12A) "Forest officer" meansthe Forest officer appointed under clause (2) of section 2 of the Indian ForestAct, 1927 (16 of 1927);]
(13) 6[*]
(14)"Government property" means any property referred to in section 39 7 [orsection 17H];
(15)"habitat" includes land, water or vegetation which is the naturalhome of any wild animal;
(16)"hunting", with its grammatical variations and cognate expressions,includes, –
(a)capturing, killing, poisoning, snaring, and trapping of any wild animal andevery attempt to do so.
(b)driving any wild animal for any of the purposes specified in sub–clause(a),
(c)injuring or destroying or taking any part of the body of any such animal or, inthe case of wild birds or reptiles, damaging the eggs of such birds orreptiles, or disturbing the eggs or nests of such birds or reptiles;
(17)"land" includes canals, creeks and other water channels, reservoirs,rivers, streams and lakes, whether artificial or natural, 9[marshes and wetlands and also includes boulders and rocks];
(18)"licence" means a licence granted under this Act;
10 [(18A) "live stock" includesbuffaloes, bulls, bullocks, camels, cows, donkeys, goats, horses, mules, pigs,sheep, yaks and also includes their young;]
(19)"manufacturer" means a manufacturer of animal articles;
(20)"meat" includes blood, bones, sinew, eggs, fat and fresh, whether rawor cooked, of any wild animal, other than vermin;
(21)"National Park" means an area declared whether under section 35 orsection 38, or deemed, under sub–section (3) of section 66, to bedeclared, as a National Park;
(22)"notification" means a notification published in the OfficialGazette;
(23)"permit" means a permit granted under this Act or any rule madethereunder;
(24)"person" includes a firm;
(25)"prescribed" means prescribed by rules made under this Act;
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1.Substituted for the words "has been used" by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 5 (a).
2.Clause (3) omitted by the WildLife (Protection) Amendment Act, 1991 (44 of 1991) Section 5 (b).
3.Clause (6) omitted by the WildLife (Protection) Amendment Act, 1991 (44 of 1991) Section 5 (c).
4.Clause (7A) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 5 (d).
5.Substituted for the words "or meat" by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 5 (e).
6.Clause (12A) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 5 (f).
7.Clause (13) omitted by the WildLife (Protection) Amendment Act, 1991 (44 of 1991) Section 5 (g).
8.Inserted by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 5 (h).
9.Substituted for the words "and also includes boulders and rocks" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 5 (i).
10.Clause (18A) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 5 (j).
11 [(25A) "recognised zoo" means azoo recognised under section 38H;
(25B)"reserve forest" means the forest declared to be reserved by theState Government under section 20 of the Indian Forest Act, 1927 (16 of 1927);]
(26)"sanctuary" means an area declared, whether under section 12 [26A]or section 38, or deemed under sub–section (3) of section 66, to bedeclared, as a wild life sanctuary;
13 [(27) "specified plant" meansany plant specified in Schedule VI;]
(28)"special game" means any animal specified in Schedule II;
(29)"State Government", in relation to a Union territory, means theAdministrator of that Union territory appointed by the President under article239 of the Constitution;
(30)"taxidermy", with its grammatical variations and cognate expressions,means the curing, preparation or preservation of trophies;
14 [(30A) "territorial waters"shall have the same meaning as in section 3 of the Territorial Waters,Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976(80 of 1976);]
(31)"trophy" means the whole or any part of any captive animal or wildanimal, other than vermin, which has been kept or preserved by any means,whether artificial or natural, and includes–
(a)rugs, skins and specimens of such animal mounted in whole or in part through aprocess of taxidermy, and
(b)antler, horn, rhinoceros horn, hair, father, nail, tooth, musk, eggs and nests;
(32)"uncured trophy" means the whole or any part of any captive animal orwild animal, other than vermin, which has not undergone a process of taxidermy,and includes a 15 [freshly–killed wild animal,ambergris, musk and other animal products];
(33)"vehicle" means any conveyance used for movement on land, water orAIR and includes buffalo, bull, bullock, camel, donkey, elephant, horse andmule;
(34)"vermin" means any wild animal specified in Schedule V;
(35)"weapon" includes ammunition, bows and arrows, explosives, firearms,hooks, knives, nets, poisons snares and traps and any instrument or apparatuscapable of anaesthetizing, decoying, destroying, injuring or killing an animal;
(36)"wild animal" means any animal found wild in nature and includes anyanimal specified in Schedule I, Schedule II, Schedule III, Schedule IV orSchedule V, wherever found;
(37)"wild life" includes any animal, bees, butterflies, crustacean, fishand moths; and aquatic or land vegetation which forms part of any habitat;
(38)"Wild Life Warden; means the person appointed as such under clause (b) ofsub–section (1) of section 4.
16 [(39) "zoo" means anestablishment, whether stationary or mobile, where captive animals are kept forexhibition to the public but does not include a circus and an establishment ofa licensed dealer in captive animals.]
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11.Clauses (25A) and (25B) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 5 (k).
12.Substituted for the figures "18" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 5 (l).
13.Substituted for the original clause (27) by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 5 (m).
14.Clause (30A) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 5 (n).
15.Substituted for the words "freshly killed and wild animal" by theWild Life (Protection) Amendment Act, 1991 (44 of 1991) Section 5 (o).
16.Clause (39A) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 5 (p).
CHAPTER II
AUTHORITIES TO BE APPOINTED OR CONSTITUTEDUNDER THE ACT
3.Appointmentof Director and other officers: (1) The Central Government may, for thepurposes of this Act, appoint, –
(a) ADirector of Wild Life Preservation;
(b)Assistant Directors of Wild Life Preservation; and
(c)such other officers and employees as may be necessary.
(2) Inthe 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 theCentral Government may, from time to time, give.
(3) TheAssistant Directors of Wild Life Preservation and other officers and employeesappointed under this section shall be subordinate to the Director.
4.Appointmentof Life Warden and other officers: (1) The State Governmentmay, for the purposes of this Act, appoint, –
(a) aChief Wild Life Warden;
(b)Wild Life Wardens; 1 [*]
2 [(bb) one Honorary Wild Life Warden ineach district; and]
(c)such other officers and employees as may be necessary.
(2) Inthe 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 specialdirections, as the State Government may, from time to time, give.
(3) 3 [TheWild Life Warden, the Honorary Wild Life Warden] and other officers andemployees appointed under this section shall be subordinate to the Chief WildLife Warden.
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1. Theword "and" omitted by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 6 (a) (i).
2.Clause (bb) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 6 (a) (ii).
3.Substituted for the words "The Wild Life Warden" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 6 (b).
5.Powerto delegate: (1) The Director may, with the previous approval ofthe Central Government, by order in writing, delegate all or any of his powersand duties under this Act to any officer subordinate to him subject to suchconditions, if any, as may be specified in the order.
(2) TheChief Wild Life Warden may, with the previous approval of the State Governmentby order in writing, delegate all or any of his powers and duties under thisAct, except those under clause (a) of sub–section (1) of section 11, toany officer subordinate to him subject to such conditions, if any, as may bespecified in the order.
(3)Subject to any general or special children given or condition imposed by theDirector or the Chief Wild Life Warden, any person, authorised by the Directoror the Chief Wild Warden to exercise any powers, may exercise those powers inthe same manner and to the same effect and if they had been conferred on thatperson directly by this Act and not by way of delegation.
6.Constitutionof Wild Life Advisory Board: (1) The State Government, or, in the caseof a Union territory, the Administrator, shall, as soon as may be after thecommencement of this Act, constitute a Wild Life Advisory Board consisting ofthe following members, namely: –
(a) theMinister in charge of forests in the State or Union territory, or, if there isno such Minister, the Chief Secretary to the State Government, or, as the casebe, the Chief Secretary to the Government of the Union territory, who shall bethe Chairman;
(b) twomembers of the State Legislature or, in the case of a Union territory having aLegislature two members of the Legislature of the Union territory, as the casemay be;
(c)Secretary to the State Government, or the Government of the Union territory, incharge of forests;
1 [(d) the Forestofficer in charge of the State Forest Department, by whatever designationcalled, ex officio;]
(e) anofficer to be nominated by the Director;
(f)Chief Wild Life Warden, ex officio;
2 [(g) officers of the State Government notexceeding five;
(h)such other persons, not exceeding ten, who, in the opinion of the StateGovernment, are interested in the protection of wild life, including therepresentatives of trebles not exceeding three]
3 [(1A)The State Government may appoint a Vice–Chairman of the Board fromamongst the members referred to in clauses (b) and (h) of sub–section(1)]
(2) TheState Government shall appoint 4 [the Forestofficer in charge of the State Forest Department] or Chief Wild Life Warden asthe Secretary of the Board.
(3) Theterm of office of the members of the Board refereed to in clause (g) of sub–section(1) and the manner of filling vacancies among them shall be such as may beprescribed.
(4) Themembers shall be entitled to receive such allowances in respect of expensesincurred in the performance of their duties as the State Government mayprescribe.
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1.Substituted for the original clause (b) by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 7 (a) (i).
2.Substituted for the original clause (g) and clause (h) by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 7 (a) (ii).
3.Sub-section (1A) inserted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 7 (b).
4.Substituted for the words "Chief Conservator of Forests" by the WildLife (Protection) Amendment Act, 1991 (44 of 1991) Section (7) (c).
7.Procedureto be followed by this Board: (1) The Board shall meet at least twice ayear at such place as the State Government may direct.
(2) TheBoard shall regulate its own procedure (including the quorum).
(3) Noact or proceeding of the Board shall be invalid merely by reason of theexistence of any vacancy therein or any defect in the constitution thereof orany irregularity in the procedure of the Board not affecting the merits of thecase.
8.DutiesWild Life Advisory Board: It shall be the duty of the Wild LifeAdvisory Board to advise the State Government, –
(a) inthe selection of areas to be declared as sanctuaries, National Parks, 1[*] and closed areas and the administration thereof;
2 [(b) in formulation of the policy forprotection and conservation of the wild life and specified plants;]
(c) inany matter relating to the amendment of any Schedule; 3[*]
4 [(cc) in relation to the measures to betaken for harmonising the needs of the trebles and other dwellers of the forestwith the protection and conservation of wild life; and]
(d) inany other matter connected with the protection of wild life, which may bereferred to it by the State Government.
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1. Thewords "game reserves" omitted by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 8 (i).
2.Substituted for the original clause (b) by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 8 (ii).
3. Theword "and" omitted Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 8 (iii).
4.Clause (cc) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 8 (iv).
CHAPTER III
HUNTING OF WILD ANIMALS
1 [9.Prohibitionof hunting: 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.Substituted for the original Section 9 by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 9.
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1.Section 10 omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 10.
11.Huntingof wild animals to be permitted in certain cases: (1) Notwithstanding anythingcontained in any other law for the time being in force and subject to theprovisions of Chapter IV, –
(a) theChief Wild Life Warden may, if he is satisfied that any wild animal specifiedin Schedule I has become dangerous to human life or is so disabled or diseasedas 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;
(b) theChief Wild Life Warden or the authorised officer may, if he is satisfied thatany wild animal specified in Schedule II, Schedule III, or Schedule IV, hasbecome dangerous to human life or to property (including standing crops on anyland) or is so disabled or diseased as to be beyond recovery, by order inwriting and stating the reasons, therefor, permit any person to hunt suchanimal or cause such animal to be hunted.
(2) Thekilling or wounding in good faith of any wild animal in defence of oneself orof any other person shall not be an offence.
Providedthat nothing in this sub–section shall exonerate any person who, whensuch defence becomes necessary, was committing any act in contravention of anyprovision of this Act or any rule or order made thereunder.
(3) Anywild animal killed or wounded in defence of any person shall be Government property.
12.Grantof permit for special purposes: Notwithstanding anything containedelsewhere in this Act, it shall be lawful for the Chief Wild Life Warden, togrant 1[*], a permit by an order in writing stating the reasons therefor, to anyperson, on payment of such fee as may be prescribed, which shall entitle theholder of such permit to hunt, subject to such conditions as may be specifiedtherein, 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 "scientificmanagement" means–
(i)translocation of any wild animals to an alternative suitable habitat; or
(ii)population management of wild life, without killing or poisoning or destroyingany wild animals;]
3 [(c) collection of specimens–
(i) forrecognised 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 manufactureof life–saving drugs:]
4 [Provided that no such permit shall begranted –
(a) inrespect of any wild animal specified in Schedule I, except with the previouspermission of the Central Government, and
(b) inrespect of any other wild animal, except with the previous permission of theState Government.]
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1. Thewords "with the previous permission of the State Government" omittedby the Wild Life (Protection) Amendment Act, 1982 (23 of 1982), Section 2 (a).
2.Clause (b) and (bb) inserted by the Wild Life (Protection) Amendment Act, 1982(23 of 1982), Section 2 (b).
3.Clause (c) and clause (d) substituted for the by Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 11.
4. Theproviso inserted by the Wild Life (Protection) Amendment Act, 1982 (23 of1982), Section 2 (c).
1[*]
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1.Sections 13 to 17 omitted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 12.
1 [CHAPTERIII A
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1.Chapter III A containing Sections 17A, 17B, 17C, 17D, 17E, 17F, 17G and 17Hinserted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991) Section13.
PROTECTIONOF SPECIFIED PLANTS
17A.Prohibitionof picking, uprooting, etc. of specified plant: Save as otherwise providedin this Chapter, no person shall–
(a)wilfully pick, uproot, damage, destroy, acquire or collect any specified plantfrom any forest land and any area specified, by notification , by the CentralGovernment;
(b)possess, sell, offer for sale, or transfer by way of gift or otherwise, ortransport any specified plant, whether alive or dead, or part or derivativethereof:
Providedthat nothing in this section shall prevent a member of a scheduled tribe,subject to the provisions of Chapter IV, from picking, collecting or possessingin the district he resides any specified plant or part or derivative thereoffor his bona fide personal use.
17B.Grantsof permit for special purposes: The Chief Wild Life Warden may, with theprevious permission of the State Government, grant to any person a permit topick, uproot, acquire or collect from a forest land or the area specified undersection 17A or transport, subject to such conditions as may be specifiedtherein, any specified plant for the purpose of–
(a)education;
(b)scientific research;
(c)collection, preservation and display in a herbarium of any scientificinstitution; or
(d)propagation by a person or an institution approved by the Central Government inthis regard.
17C.Cultivationof specified plants without licence prohibited: (1) No person shallcultivate a specified plant except under and in accordance with a licencegranted by the Chief Wild Life Warden or any other officer authorised by theState government in this behalf:
Providedthat nothing in this section shall prevent a person, who, immediately beforethe commencement of the Wild Life (Protection) Amendment Act, 1991, wascultivating a specified plant, from carrying on such cultivation for a periodof six months from such commencement, or where he has made an applicationwithin that period for the grant of a licence to him, until the licence isgranted to him or he is informed in writing that a licence cannot be granted tohim.
(2)Every licence granted under this section shall specify the area in which andthe conditions, if any, subject to which the licensee shall cultivate aspecified plant.
17D.Dealingin specified plants without licence prohibited: (1) No person shall, exceptunder and in accordance with a licence granted by the Chief Wild Life Warden orany other officer authorised by the State Government in this behalf, commenceor carry on business or occupation as a dealer in a specified plant or part ordeviate thereof:
Providedthat nothing in this section shall prevent a person, who, immediately beforethe commencement of the Wild Life (Protection) Amendment Act, 1991, wascarrying on such business or occupation, from carrying on such business oroccupation for a period of sixty days from such commencement, or where he hasmade an application within that period for the grant of a licence to him, untilthe licence is granted to him or he is informed in writing that a licencecannot be granted to him.
(2)Every licence granted under this section shall specify the premises in whichand the conditions, if any, subject to which the licensee shall carry on hisbusiness.
17E.Declarationof stock: (1)Every person cultivating, or dealing in, a specified plant or part orderivative thereof shall, within thirty days from the date of commencement ofthe Wild Life (Protection) Amendment Act, 1991 declare to the Chief Wild LifeWarden 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) theprovisions 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 inrelation to an application and a licence referred to in section 17C and section17D as they apply in relation to the licence or business in animals or animalarticles.
17F.Possession,etc., of plants by licensee: No licensee under this Chapter shall –
(a)keep in his control, custody or possession–
(i) anyspecified plant, or part or derivative thereof in respect of which adeclaration under the provisions of section 17E has to be made but has not beenmade;
(ii)any specified plant, or part or derivative thereof which has not been lawfullyacquired under the provisions of this Act or any rule or order made thereunder;
(b) (i) pick, uproot, collect or acquireany specified plant, or
(ii)acquire, receive, keep in his control, custody or possession, or sell, offerfor sale or transport, and specified plant or part or derivative thereof.
exceptin accordance with the conditions subject to which the licence has been grantedand such rules as may be made under this Act.
17G.Purchase,etc., of specified plants: No person shall purchase, receive or acquireany specified plant or part or derivative thereof other wise than from alicensed dealer:
Providedthat nothing in this section shall apply to any person referred to in section17B.
17H.Plantsto be Government property: (1) Every specified plant or part orderivative thereof, in respect of which any offence against this Act or anyrule or order made thereunder has been committed, shall be the property of theState Government, and, where such plant or part or derivative thereof has beencollected or acquired from a sanctuary or National Park declared by the CentralGovernment such plant or part or derivative thereof shall be the property ofthe Central Government.
(2) Theprovisions of sub–sections (2) and (3) of section 39 shall, as far asmay be, apply in relation to the specified plant or part or derivative thereofor they apply in relation to wild animals and articles referred to in sub–section(1) of that section]
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1.Chapter III A containing Sections 17A, 17B, 17C, 17D, 17E, 17F, 17G and 17Hinserted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991) Section13.
CHAPTER IV
SANCTUARIES, NATIONAL PARKS, 1[*] AND CLOSED AREAS
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1. Thewords "GAME RESERVES" omitted by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 14.
Sanctuaries
18.Declarationof Sanctuary: 1 [(1) The State Governmentmay, by notification, declare its intention to constitute any area other thanan area comprised within any reserve forest or the territorial waters as asanctuary if it considers that such area is of adequate ecological, faunal,floral, geomorphological, natural or zoological significance, for the purposeof protecting, propagating or developing wild life or its environment.]
(2) Thenotification referred to in sub–section (1) shall specify, as nearly aspossible, the situation and limits of such area.
Explanation:For the purpose of this section, it shall be sufficient to describe the area byroads, rivers, ridges or other well–known or readily intelligibleboundaries.
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1.Substituted for the original Sub-section (1) by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 15.
19.Collectorto determine rights: 1 [Whena notification has been issued under section 18,] the Collector shall inquireinto, and determine, the existence, nature and extend of the rights of anyperson in or over the land comprised within the limits of the sanctuary.
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1.Substituted for the words "Whenever any area is declared to be asanctuary" by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991)Section 16.
20.Barof accrual of rights: After the issue of a notification undersection 18, no right shall be acquired in, on or over the land comprised withinthe limits of the area specified in such notification, except by succession,testamentary or intestate.
21.Proclamationby Collector: When a notification has been issued under section 18,the Collector shall publish in the regional language in every town and villagein or in the neighbourhood of the area comprised therein, a proclamation–
(a)specifying, as nearly as possible, the situation and the limits of thesanctuary; and
(b)requiring any person, claiming any right mentioned in section 19, to preferbefore the Collector, within two months from the date of such proclamation, awritten claim in the prescribed form, specifying the nature and extent of suchright with necessary details and the amount and particulars of compensation, ifany, claimed in respect thereof.
22.Inquiryby Collector: The Collector shall, after service of the prescribednotice upon the claimant, expeditiously inquire into –
(a) theclaim preferred before him under clause (b) of section 21, and
(b) theexistence of any right mentioned in section 19 and not claimed under clause (b)of section 21,
so faras the same may be ascertainable from the re cords of the State Government andthe evidence of any person acquainted with the same.
23.Powersof Collector: For the purposes of such inquiry, the Collector mayexercise the following powers, namely: –
(a) thepower to enter in on upon any land and to survey, demarcate and make a map ofthe same or to authorise any other officer to do so;
(b) thesame powers as are vested in a civil court for the trial of suits.
24.Acquisitionof rights: (1) In the case of a claim to a right in or over anyland referred to in section 19, the Collector shall pass an order admitting orrejecting the same in whole or in part.
(2) Ifsuch 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 betweenthe owner of such land or holder of rights and the Government, the owner orholder of such rights has agreed to surrender his rights to the Government, inor over such land, and on payment of such compensation, as is provided in theLand Acquisition Act, 1894 (1 of 1894).
1 [(c) allow, in consultation with theChief Wild Life Warden, the continuance of any right of any person in or overany land within the limits of the sanctuary.]
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1.Clause (c) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 17.
25.Acquisitionproceedings: (1) For the purpose of acquiring such land, or rightsin or over such land, –
(a) theCollector shall be deemed to be a Collector, proceeding under the LandAcquisition Act, 1894 (1 of 1894);
(b) theclaimant shall be deemed to be a person interested and appearing before him inpursuance of a notice given under section 9 of that Act;
(c) theprovisions of the sections, preceding section 9 of that Act, shall be deemed tohave been complied with;
(d)where the claimant does not accept the award made in his favour in the matterof compensation, he shall be deemed, within the meaning of section 18 of thatAct, to be a person interested who has not accepted the award, and shall beentitled to proceed to claim relief against the award under the provisions ofPart III of that Act;
(e) theCollector, with the consent of the claimant, or the court, with the consent ofboth the parties, may award compensation in land or money or partly in land andpartly in money; and
(f) inthe case of the stoppage of a public way or a common pasture, the Collectormay, with the previous sanction of the State Government, provide for analternative public way or common pasture, as far as may be practicable orconvenient.
(2) Theacquisition under this Act of any land or interest therein shall be deemed tobe acquisition for a public purpose.
26.Delegationof Collectors powers: The State Government may, by general orspecial order, direct that the powers exercisable or the functions to beperformed by the Collector under sections 19 to 25 (both inclusive) may beexercised and performed by such other officer as may be specified in the order.
1 [26A.Declarationof area as sanctuary: (1) When –
(a) anotification has been issued under section 18 and the period for preferringclaims has clasped, and all claims, if any, made in relation to any land in aarea intended to be declared as a sanctuary, have been disposed of by the StateGovernment; or
(b) anyarea 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 thepurpose of protecting, propagating or developing wild life or its environment,is to be included in a sanctuary,
theState Government shall issue a notification specifying the limits of the areawhich shall be comprised within the sanctuary and declare that the said areashall be a sanctuary on and from such date as may be specified in thenotification:
Providedthat where any part of the territorial waters is to be so included, priorconcurrence of the Central Government shall be obtained by the StateGovernment:
Providedfurther that the limits of the area of the territorial waters to be included inthe sanctuary shall be determined in consultation with the Chief NavalHydrographer of the Central Government and after taking adequate measures toprotect the occupational interests of the local fishermen.
(2)Notwithstanding anything contained in sub–section (1), the right ofinnocent passage of any vessel or boat through the territorial waters shall notbe affected by the notification issued under sub–section (1).
(3) Noalteration of the boundaries of a sanctuary shall be made except on aresolution passed by the Legislature of The State]
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1.Section 26A inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 18.
27.Restrictionon entry in sanctuary: (1) No person other than, –
(a) apublic servant on duty.
(b) aperson who has been permitted by the Chief Wild Life Warden or the authorisedofficer to reside within the limits of the sanctuary,
(c) aperson who has any right over immovable property within the limits of thesanctuary,
(d) aperson passing through the sanctuary along a public highway, and
(e) thedependants of the person referred to in clause (a), clause (b) or clause (c),
shallenter or reside in the sanctuary, except under and in accordance with theconditions of a permit granted under section 28.
(2)Every person shall, so long as he resides in the sanctuary, be bound –
(a) toprevent the commission, in the sanctuary, of an offence against this Act;
(b)where there is reason to believe that any such offence against this Act hasbeen committed in such sanctuary, to help in discovering and arresting theoffender;
(c) toreport the death of any wild animal and to safeguard its remains until theChief Wild Life Warden or the authorised officer takes charge thereof;
(d) toextinguish any fire in such sanctuary of which he has knowledge or informationand to prevent from spreading, by any lawful means in his powers, any firewithin the vicinity of such sanctuary of which he has knowledge or information;and
(e) toassist any forest officer, Chief Wild Life Warden. Wild Life Warden or policeofficer demanding his aid for preventing the commission of any offence againstthis Act or in the investigation of any such offence.
1 [(3)No person shall, with intent to cause damage to any boundary–mark of asanctuary or to cause wrongful gain as defined in the Indian Penal Code, alter,destroy, move or deface such boundary mark.(45 of 1860.)
(4) Noperson shall tease or molest any wild animal or litter the grounds of sanctuary.]
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1.Inserted Sub-section (3) and (4) by the Wild Life (Protection) Amendment Act,1991 (44 of 1991) Section 19.
28.Grantof permit: (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 anyof the following purposes, namely: –
(a)investigation or study of wild life and purposes ancillary or incidentalthereto;
(b)photography;
(c)scientific research;
(d)tourism;
(e)transaction of lawful business with any person residing in the sanctuary.
(2) Apermit to enter or reside in a sanctuary shall be issued subject to suchconditions and on payment of such fee as may be prescribed.
1 [29.Destruction,etc, in a sanctuary prohibited without a permit: No person shall destroy,exploit or remove any wild life from a sanctuary or destroy or damage thehabitat of any wild animal or deprive any wild animal of its habitat withinsuch sanctuary except under and in accordance with a permit granted by theChief Wild Life Warden and no such permit shall be granted unless the StateGovernment, being satisfied that such destruction, exploitation or removal ofwild life from the sanctuary is necessary for the improvement and bettermanagement of wild life therein, authorises the issue of such permit.]
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1.Substituted for the original Section 29 by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 20.
30.Causingfire prohibited: No person shall set fire to a sanctuary,or kindle any fire, or leave any fire burning, in a sanctuary, in such manneras to endanger such sanctuary.
31.Prohibitionof entry into sanctuary with weapon: No person shall enter asanctuary with any weapon except with the previous permission in writing of theChief Wild Life Warden or the authorised officer.
32.Banon use of injurious substances: No person shall use, in a sanctuary,chemicals, explosives or any other substances which may cause injury to, orendanger, any wild life in such sanctuary.
33.Controlof sanctuaries: The Chief Wild Life Warden shall be the authority whoshall control, manage and maintain all sanctuaries and for that purpose, withinthe limits of any sanctuary, –
(a) mayconstruct such roads, bridges, buildings, fences or barrier gates, and carryout such other works as he may consider necessary for the purposes of suchsanctuary;
(b)shall take such steps as will ensure the security of wild animals in thesanctuary and the preservation of the sanctuary and wild animals therein;
(c) maytake such measures in the interests of wild life, as he may consider necessaryfor the improvement of any habitat;
(d) mayregulate control or prohibit, in keeping with the interest of wild life, thegrazing or movement of 1 [live–stock];
(e) 2[*]
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1.Substituted for the word "cattle" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 21 (a).
2.Clause (e) omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 21 (b).
1 [33A.Immunisationof live-stock: (1) The Chief Wild Life Warden shall take such measures insuch manner, as may be prescribed, for immunisation against communicablediseases of the live–stock kept in or within five–kilometres of asanctuary.
(2) Noperson shall take, or cause to be taken or grazed, any live–stock in asanctuary without getting it immunised.]
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1.Section 33A inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 22.
34.Registrationof certain persons in possession of arms: (1) Within three months fromthe declaration of any area as a sanctuary, every person residing in or withinten kilometres of any such sanctuary and holding a licence granted under theArms Act, 1959, (54 of 1959) for the possession of arms or exempted from theprovisions of that Act and possession arms, shall apply in such form, onpayment of such fee and within such time as may be prescribed, to the ChiefWild Life Warden or the authorised officer, for the registration of his name.
(2) Onreceipt of an application under sub–section (1), the Chief Wild LifeWarden or the authorised officer shall register the name of the applicant insuch manner as may be prescribed.
1 [(3)No new licences under the Arms Act, 1959 (54 of 1959) shall be granted within aradius of ten kilometres of a sanctuary without the prior concurrence of theChief Wild Life Warden.]
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1.Sub-section (3) inserted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 22A.
National Parks
35.Declarationof National Parks: (1) Whenever it appears to the StateGovernment that an area whether within a sanctuary or not, is, by reason of itsecological, faunal, floral, geomorphological or zoological association orimportance, needed to be constituted as a National Park for the purpose ofprotecting, propagating or developing wild life therein or its environment, itmay, by notification, declare its intention to constitute such area as aNational Park:
1[Provided that where any part of the territorial waters is proposed to beincluded in such National Park, the provisions of section 26A shall, as far asmay be, apply in relation to the declaration of a National Park as they applyin relation to the declaration of a sanctuary.]
(2) Thenotification referred to in sub–section (1) shall define the limits ofthe area which is intended to be declared as a National Park.
(3)Where any area is intended to be declared as a National Park, the provisions ofsections 2 [19 to26A (both inclusive except clause (c) of sub–section (2) of section 24)]shall, as far as may, be, apply to the investigation and determination ofclaims, and extinguishment of rights, in relation to any land in such area asthey apply to the said matters in relation to any land in a sanctuary.
(4)When the following events have occurred, namely, –
(a) theperiod for preferring claims has elapsed, and all claims, if any, made inrelation to any land in an area intended to be declared as a National Park,have been disposed of by the State Government, and
(b) allrights in respect of lands proposed to be included in the National Park havebecome vested in the State Government, the State Government shall publish anotification specifying the limits of the area which shall be comprised withinthe National Park and declare that the said area shall be a National Park onand from such date as may be specified in the notification.
(5) Noalteration of the boundaries of a National Park shall be made except on aresolution passed by the Legislature of the State.
(6) Noperson shall destroy, exploit or remove any wild life from a National Park ordestroy or damage the habitat of any wild animal or deprive any wild animal ofits habitat within such National Park except under and in accordance with a permitgranted by the Chief Wild Life Warden and no such permit shall be grantedunless the State Government, being satisfied that such destruction,exploitation or removal of wild life from the National Park is necessary forthe improvement and better management of wild life therein, authorises theissue of such permit.
(7) Nograzing of any cattle shall be permitted in a National Park and no cattle shallbe allowed to enter therein except where such 3 [live–stock]is used as a vehicle by a person authorised to enter such National Park.
(8) Theprovisions of sections 27 and 28, sections 30 to 32 (both inclusive), andclauses (a), (b) and (c) of 4 [section 33, section 33A],and section 34 shall, as far as may be, apply in relation to a National Park asthey apply in relation to a sanctuary.
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1.Proviso inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991)Section 23 (a).
2.Substituted for the figures, words, and brackets "19 to 26 (bothinclusive)" by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991)Section 23 (b).
3.Substituted for the word "cattle" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 23 (c).
4.Substituted for the words, and figures "section 33" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 23 (d).
1 [*]
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1. Thesubsequent-heading "Game Reserve" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 24.
36.Declarationof game reserve: 1 [*]
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1.Section 36 omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 24.
Closed Area
37.Declarationof closed area: (1) The State Government may, by notification, declareany area closed to hunting for such period as may be specified in thenotification.
(2) Nohunting of any wild animal shall be permitted in a closed area during theperiod specified in the notification referred to in sub–section (1).
Sanctuariesor National Parks declared by Central Government.
38.Powerof Central Government to declare areas as sanctuaries or National Parks: (1)Where the State Government leases or otherwise transfers any area under itscontrol, not being an area within a sanctuary, to the Central Government, theCentral Government may, if it is satisfied that the conditions specified insection 18 are fulfilled in relation to the area so transferred to it, declaresuch 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 suchsanctuary as they apply in relation to a sanctuary declared by the StateGovernment.
(2) TheCentral Government may, if it is satisfied that the conditions specified insection 35 are fulfilled in relation to any area referred to in sub–section(1), whether or not such areas has been declared, to be a sanctuary by theCentral Government or the State Government, declare such area, by notification,to be a National park and the provisions of sections 35, 54 and 55 shall applyin relation to such National Park as they apply in relation to a National Parkdeclared by the State Government.
(3) Inrelation to a sanctuary or National Park declared by the Central Government,the powers and duties of the Chief Wild Life Warden under the sections referredto in sub–sections (1) and (2), shall be exercised and discharged by theDirector or by such other officer as may be authorised by the Director in thisbehalf and references, in the sections aforesaid, to the State Government shallbe construed as references to the Central Government and reference therein tothe Legislature of the State shall be construed as a reference to Parliament.
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1.Substituted for the words, and figures "sections 19 to 35" by theWild Life (Protection) Amendment Act, 1991 (44 of 1991) Section 25.
1 [CHAPTERIV A
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1.Chapter IV A containing Sections 38-A, 38-B, 38-C, 38-D, 38-E, 38-F, 38-G,38-H, 38-I and 38-J inserted by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 26.
CENTRALZOO AUTHORITY AND RECOGNITION OF ZOOS
38A.Constitutionof Central Zoo Authority: (1) the Central Government shallconstitute a body to be known as the Central Zoo Authority (hereinafter in thisChapter referred to as the Authority), to exercise the powers conferred on, andto perform the functions assigned to, it under this Act.
(2) TheAuthority shall consist of –
(a)chairperson;
(b)such number of members not exceeding ten; and
(c)Member–Secretary,
to beappointed by the Central Government.
38B.Termof office and conditions of service of Chairperson and members, etc: (1)The chairperson and every member shall hold office for such period, notexceeding three years, as may be specified by the Central Government in thisbehalf.
(2) Thechairperson or a member may, by writing under his hand addressed to the CentralGovernment, resign from the office of chairperson or, as the case may be, ofthe member.
(3) TheCentral Government shall remove a person from the office of chairperson ormember 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 theopinion of the Central Government involves moral turpitude;
(c) becomesof unsound mind and stands so declared by a competent court;
(d)refuses to act or becomes incapable of acting;
(e) is,without obtaining leave of absence from the authority, absent from threeconsecutive meetings of the Authority; or
(f) inthe opinion of the Central Government has so abused the position of chairpersonor member as to render that person’s continuance in office detrimental to thepublic interest:
Providedthat no person shall be removed under this clause unless that person has beengiven a reasonable opportunity of being heard in the matter.
(4) Avacancy caused under sub–section (2) or otherwise shall be filled byfresh appointment.
(5) Thesalaries and allowances and other conditions of appointment of chairpersonmembers and Member–Secretary of the Authority shall be such as may beprescribed.
(6) TheAuthority shall, with the previous sanction of the Central Government, employsuch officers and other employees as it deems necessary to carry out thepurposes of the Authority.
(7) Theterms and conditions of service of the officers and other employees of theAuthority shall be such as may be prescribed.
(8) Noact or proceeding of the Authority shall be questioned or shall be invalid onthe ground merely of the existence of any vacancies or defect in theconstitution of the Authority.
38C.Functionsof the Authority: The Authority shall perform the followingfunctions, namely: –
(a)specify the minimum standards for housing, upkeep and veterinary care of theanimals kept in a zoo;
(b)evaluate and assess the functioning of zoos with respect to the standards orthe norms as may be prescribed;
(c)recognise or derecognise zoos;
(d)identify endangered species of wild animals for purposes of captive breedingand assigning responsibility in this regard to a zoo;
(e) co–ordinatethe acquisition, exchange and loaning of animals for breeding purposes;
(f)ensure maintenance of stud–books of endangered species of Wild animalsbred in captivity;
(g)identify priorities and themes with regard to display of captive animals in azoo;
(h) co–ordinatetraining of zoo personnel in India and outside India;
(i) co–ordinateresearch in captive breeding and educational programmes for the purposes ofzoos;
(j)provide technical and other assistance to zoos for their proper management anddevelopment on scientific lines;
(k)perform such other functions as may be necessary to carry out the purposes ofthis Act with regard to zoos.
38D.Procedureto be regulated by the Authority: (1) The Authority shall meet as and whennecessary and shall meet at such time and place as the chairperson may thinkfit.
(2) TheAuthority shall regulate its own procedure.
(3) Allorders and decisions of the Authority shall be authenticated by the Member–Secretaryor any other officer of the Authority duly authorised by the Member–Secretaryin this behalf.
38E.Grantsand loans to Authority and constitution of Fund: (1) The Central governmentmay, after due appropriation made by Parliament by law in this behalf, make tothe Authority grants and loans of such sums of money as that Government mayconsider necessary.
(2)There shall be constituted a Fund to be called the Central Zoo Authority Fundand there shall be credited thereto any grants and loans made to the Authorityby the Central Government, all fees and charges received by the Authority underthis Act and all sums received by the Authority from such other sources as maybe decided upon by the Central Government.
(3) TheFund referred to in sub–section (2) shall be applied for meeting salary,allowances and other remuneration of the members, officers and other employeesof the Authority and the expenses of the Authority in the discharge of itsfunctions under this Chapter and expenses on objects and for purposesauthorised by this Act.
(4) TheAuthority shall maintain proper accounts and other relevant records and preparean annual statement of accounts in such form as may be prescribed by theCentral Government in consultation with the Comptroller and Auditor–Generalof India.
(5) Theaccounts of the Authority shall be audited by the Comptroller and Auditor–Generalat such intervals as may be specified by him and any expenditure incurred inconnection with such audit shall be payable by the Authority to the Comptrollerand Auditor–General.
(6) TheComptroller and Auditor–General and any person appointed by him inconnection with the audit of the accounts of the Authority under this Act shallhave the same rights and privileges and the authority in connection with suchaudit as the Comptroller and Auditor–General generally has in connectionwith the audit of the Government accounts and, in particular, shall have theright to demand the production of books, accounts, connected vouchers and otherdocuments and papers and to inspect any of the offices of the Authority.
(7) Theaccounts of the Authority, as certified by the Comptroller and Auditor–Generalor any other person appointed by him in this behalf, together with the auditreport thereon, shall be forwarded annually to the Central Government by theAuthority.
38F.Annualreport: TheAuthority 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 itsactivities during the previous financial year and forward a copy thereof to theCentral Government.
38G.Annualreport and audit report to be laid before Parliament: TheCentral Government shall cause the annual report together with a memorandum ofaction taken on the recommendations contained therein, in so far as they relateto the Central Government, and the reasons for the non–acceptance, ifany, of any of such recommendations and the audit report to be laid as soon asmay be after the reports are received, before each House of Parliament.
38H.Recognitionof zoos: (1) Nozoo shall be operated without being recognised by the Authority:
Providedthat a zoo being operated immediately before the date of commencement of theWild Life (Protection) Amendment Act, 1991 may continue to operate withoutbeing recognised for a period of 1 [eighteen months from thedate of such commencement] and if the application seeking recognition is madewithin that period, the zoo may continue to be operated until the saidapplication is finally decided or withdrawn and in case of refusal for afurther period of six months from the date of such refusal.
(2)Every application for recognition of a zoo shall be made to the Authority insuch form and on payment of such fee as may be prescribed.
(3)Every recognition shall specify the conditions, if any, subject to which theapplicant shall operate the zoo.
(4) Norecognition to a zoo shall be granted unless the Authority, having due regardto the interests of protection and conservation of wild life, and suchstandards, norms and other matters as may be prescribed, is satisfied thatrecognition should be granted.
(5) Noapplication for recognition of a zoo shall be rejected unless the applicant hasbeen given a reasonable opportunity of being heard.
(6) TheAuthority may, for reasons to be recorded by it, suspend or cancel anyrecantation granted under sub–section (4):
Providedthat no such suspension or cancellation shall be made except after giving theperson operating the zoo a reasonable opportunity of being heard.
(7) Anappeal from an order refusing to recognise a zoo under sub–section (5)or an order suspending or cancelling a recognition under sub–section (6)shall lie to the Central Government.
(8) Anappeal under sub–section (7) shall be preferred within thirty days fromthe date of communication, to the applicant, of the order appealed against:
Providedthat the Central Government may admit any appeal preferred after the expiry ofthe period aforesaid if it is satisfied that the appellant had sufficient causefor not preferring the appeal in time.
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1.Substituted for the words "six months from the date of suchcommencement" the Wild Life (Protection) Amendment Act, 1993 (26 of 1993)Section 2.
38-I.Acquisitionof animals by a zoo: Subject to the other provisions of thisAct, no zoo shall acquire or transfer any wild animal specified in Schedule Iand Schedule II except with the previous permission of the Authority.
38-J.Prohibitionof teasing etc., in a zoo: No person shall tease, molest, injure orfeed any animal or cause disturbance to the animals by noise or otherwise, orlitter the grounds in a zoo."]
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1.Chapter IV A containing Sections 38-A, 38-B, 38-C, 38-D, 38-E, 38-F, 38-G,38-H, 38-I and 38-J inserted by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 26.
CHAPTER V
TRADE OR COMMERCE IN WILD ANIMALS, ANIMALARTICLES AND TROPHIES
39.Wildanimals, etc., to be Government property: (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 [bredin captivity or hunted] in contravention of any provision of this Act or anyrule 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 animalreferred to in clause (a) in respect of which any offence against this act orany rule or order made thereunder has been committed;
3 [(c) ivory imported into India and anarticle made from such ivory in respect of which any offence against this Actor any rule or order made thereunder has been committed;
(d)vehicle, vessel, weapon, trap or tool that has been used for committing anoffence and has been seized under the provisions of this Act;]
shallbe the property of the State Government, and , where such animal is hunted in asanctuary or National Park declared by the Central Government, such animal orany animal article, trophy, uncured trophy or meat 4[derived from such animal or any vehicle, vessel, weapon, trap or tool used insuch hunting], shall be the property of the Central Government.
(2) Anyperson who obtains, by any means, the possession of Government property, shall,within forty–eight hours from obtaining such possession, make a reportas to the obtaining of such possession to the nearest police station or theauthorised officer and shall, if so required, hand over such property to theofficer–in–charge of such police station or such authorisedofficer, as the case may be.
(3) Noperson shall, without the previous permission in writing of the Chief Wild LifeWarden or the authorised officer–
(a)acquire or keep in his possession, custody or control, or
(b)transfer to any person, whether by way of gift, sale or otherwise, or
(c)destroy or damage,
suchGovernment property.
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1.Substituted for the words "bred in captivity" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 27 (a) (i).
2. Thewords "without a licence or" omitted by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 27 (a) (ii).
3.Clauses (c) and (d) inserted by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 27 (b).
4.Substituted for the words "derived from such animal" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 27 (c).
40.Declarations:(1)Every person having at the commencement of this Act the control, custody orpossession of any captive animal specified in Schedule I or Part II or ScheduleII, or any uncured trophy derived from such animal, or salted or dried skins ofsuch animal or the musk of a musk deer or the horn or a rhinoceros, shall,within thirty days from the commencement of this Act, declare to the Chief WildLife Warden or the authorised officer the number and description of the animal,or article of the foregoing description under his control, custody orpossession and the place where such animal or article is kept.
(2) Noperson shall, after the commencement of this Act, acquire, receive, keep in hiscontrol, custody or possession, sell, offer for sale or otherwise transfer ortransport any animal specified in Schedule I or Part II of Schedule II or anyuncured trophy or meat derived from such animal, or the salted or dried skinsof such animal or the musk or a musk deer or the horn of a rhinoceros, exceptwith the previous permission in writing of the Chief Wild Life Warden or theauthorised officer.
1 [(3)Nothing in sub–section (1) or sub–section (2) shall apply to arecognised zoo subject to the provisions of section 38–I or to a publicmuseum.]
(4) TheState Government may, by notification, require any person to declare to theChief Wild Life Warden or the authorised officer any animal article or trophy(other than a musk of a musk deer or horn of a rhinoceros) or salted or driedskins derived from an animal specified in Schedule I or Part II of Schedule IIin his control, custody or possession in such form, in such manner, and withinsuch time, as may be prescribed.
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1.Substituted for the original Sub-section (3) by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 28.
41.Inquiryand preparation of inventories: (1) On receipt of a declaration made undersection 40, the Chief Wild Life Warden or the authorised officer may, aftersuch 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, uncuredtrophies, salted and dried skins and captive animals, specified in Schedule Iand Part II of Schedule II and found thereon; and
(c)affix upon the animals, animal articles, trophies or uncured trophies identificationmarks in such manner as may be prescribed.
(2) Noperson shall obliterate or counterfeit any identification mark referred to inthis Chapter.
42.Certificateof ownership: The Chief Wild Life Warden may, for the purposes ofsections 40, issue a certificate of ownership in such form, as may beprescribed, to any person who, in his opinion, is in lawful possession of anywild animal or any animal article, trophy, uncured trophy and may, wherepossible, mark, in the prescribed manner, such animal article, trophy oruncured trophy for purposes of identification.
43.Regulationof transfer of animal, etc: (1) Subject to the provisions of sub–section(2), sub–section (3) and sub–section (4), a person (other than adealer) 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 anycaptive animal belonging to that category or any animal article, trophy,uncured trophy or meat derived therefrom;
(b)make animal articles obtaining part or whole of such animal;
(c) putunder a process of taxidermy an uncured trophy of such animal;
exceptwith the previous permission in writing of the Chief Wild Life Warden or theauthorised officer.
(2)Where a person transfers or transports from the State in which he resides toanother State or acquires by transfer from outside the State any such animal,animal article, trophy or uncured trophy as is referred to in sub–section(1) in respect of which he has a certificate of ownership, he shall, withinthirty days of the transfer or transport, report the transfer or transport tothe Chief Wild Life Warden or the authorised officer within whose jurisdictionthe transfer or transport is effected.
(3) Noperson who does not possess a certificate of ownership shall transfer ortransport from one State to another State or acquire by transfer from outsidethe State any such animal, animal article, trophy or uncured trophy as isreferred to in sub–section (1) except with the previous permission inwriting of the Chief Wild Life Warden or the authorised officer within whosejurisdiction the transfer or transport is to be effected.
(4)Before granting any permission under sub–section (1) or sub–section(3), the Chief Wild Life Warden or the authorised officer shall satisfy himselfthat the animal or article referred to therein has been lawfully acquired.
(5)While permitting the transfer or transport of any animal, animal article,trophy or uncured trophy, as is referred to in sub–section (1), theChief Wild Life Warden or the authorised officer–
(a)shall issue a certificate or ownership after such inquiry as he may deem fit;
(b)shall, where the certificate of ownership existed in the name of the previousowner, issue a fresh certificate of ownership in the name of the person to whomthe transfer has been effected;
(c) mayaffix an identification mark on any such animal, animal article, trophy oruncured trophy.
(6)Nothing in this section shall apply–
1 [(a) to tail feather of peacock and theanimal articles or trophies made therefrom;]
2 [(b) to any transaction entered into by arecognised zoo subject to the provisions of section 38–I or by a publicmuseum with any other recognised zoo or public museum.]
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1.Substituted for the original Clause (a) by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 29 (i).
2.Substituted for the original Clause (b) by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 29 (ii).
44.Dealingsin trophy and animal articles without licence prohibited: (1) 1[subject to the provisions of Chapter V A, no person shall, except under, andin accordance with a licence granted under sub–section (4)] –
(a)commence or carry on the business as–
(i) amanufacturer of or dealer in, any animal article; or
2 [*]
(ii) ataxidermist; or
(iii) adealer in trophy or uncured trophy; or
(iv) adealer in captive animals; or
(v) adealer in meat; or
(b)cook or serve meat in any eating–house;
3 [(c) derive, collect or prepare, or dealin , snake venom;]
Providedthat nothing in this sub–section shall prevent a person, who,immediately before the commencement of this Act was carrying on the business oroccupation specified in this sub–section, from carrying on such businessor occupation for a period of thirty days from such commencement, or where hehas made an application within that period for the grant of a licence to him,until the licence is granted to him or his is informed in writing that alicence cannot be granted to him:
4 [Provided further that nothing in thissub–section shall apply to the dealers in tail feathers of peacock andarticles made there from and the manufacturers of such articles.]
Explanation:For the purposes of this section, "eating–house" includes ahotel, restaurant or any other place where any eatable is served on payment,whether or not such payment is separately made for such eatable or is includedin the amount charged for board and lodging.
(2)Every manufacturer of, or dealer in, animal article, or every dealer in captiveanimals, trophies or uncured trophies, or every taxidermist shall, withinfifteen days from the commencement of this Act, declare to the Chief Wild LifeWarden his stocks of animals articles, captive animals, trophies and uncuredtrophies, as the case may be, as on the date of such declaration and the ChiefWild Life Warden or the authorised officer may place an identification mark onevery animal article, captive animal, trophy or uncured trophy, as the case maybe.
(3)Every person referred to in sub–section (1) who intends to obtain alicence shall 5 [*], make an application to the ChiefWild Life Warden or the authorised officer for the grant of a licence.
(4) (a)Every application referred to in sub–section (3) shall be made in suchform and on payment of such fee as may be prescribed, to the Chief Wild LifeWarden or the authorised officer.
6 [(b) No licence referred to in sub–section(1) shall be granted unless the Chief Wile Life Warden or the authorisedofficer having regard to the antecedents and previous experience of theapplicant, the implication which the grant of such licence would have no thestatus of wild life and to such other matters as may be prescribed in thisbehalf and after making such inquiry in respect of those matters as he maythink fit, is satisfied that the licence should be granted]
(5)Every licence granted under this section shall specify the premises in which andthe conditions, if any, subject to which the licensee shall carry on hisbusiness.
(6)Every licence granted under this section shall–
(a) bevalid for one year from the date of its grant;
(b) notbe transferable; and
(c) berenewable for a period not exceeding one year at a time.
(7) Noapplication for the renewal of a licence shall be rejected unless the holder ofsuch licence has been given a reasonable opportunity of presenting his case andunless the Chief Wild Life Warden or the authorised officer is satisfied that–
(i) theapplication for such renewal has been made after the expiry of the periodspecified therein, or
(ii)any statement made by the applicant at the time of the grant or renewal of thelicence was incorrect or false in material particulars, or
(iii)the applicant has contravened any term or condition of the licence or anyprovision of this Act or any rule made thereunder, or
(iv)the applicant does not fulfil the prescribed conditions.
(8)Every order granting or rejecting an application for the grant or renewal of alicence shall be made in writing.
(9)Nothing in the foregoing sub–sections shall apply in relation to vermin.
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1.Substituted for the words, figure, and brackets "Except under, and inaccordance with, a licence granted under sub–section (4), no personshall" by the Wild Life (Protection) Amendment Act, 1986 (28 of 1986)Section 2 (a) (i) (w. e. f. 25-11-1986).
2.Subsequent-clause (i a) omitted by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 30 (i), which was inserted by the Wild Life (Protection)Amendment Act, 1986 (28 of 1986) Section 2 (a) (ii) (w. e. f. 25-11-1986).
3.Sub-clause (c) inserted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 30 (iii).
4.Substituted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991)Section 30 (iii), which substituted original proviso by the Wild Life(Protection) Amendment Act, 1986 (28 of 1986) Section 2 (b) (w. e. f.25-11-1986).
5. Thewords "within fifteen days from the commencement of this Act" omittedby the Wild Life (Protection) Amendment Act, 1982 (23 of 1982), Section 3 (a).
6.Substituted for the original clause (b) by the Wild Life (Protection) AmendmentAct, 1982 (23 of 1982), Section 3 (b).
45.Suspensionor cancellation of licences: Subject to any general or special order ofthe 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 licencegranted or renewed under section 44:
Providedthat no such suspension or cancellation shall be made except after giving theholder of the licence a reasonable opportunity of being heard.
46.Purchase:(1) Anappeal from an order refusing to grant or renew a licence under section 44 oran order suspending or cancelling a licence under section 45 shall lie –
(a) ifthe order is made by the authorised officer, to the Chief Wild Life Warden; or
(b) ifthe order is made by the Chief Wild Life Warden, to the State Government.
(2) Inthe case of an order passed in appeal by the Chief Wild Life Warden underclause (a) of sub–section (1), a second appeal shall lie to the StateGovernment.
(3)Subject as aforesaid, every order passed in appeal under this section shall befinal.
(4) Anappeal under this section shall be preferred within thirty days from the dateof the communication, to the applicant, of the order appealed against:
Providedthat the appellate authority may admit any appeal preferred after the expiry ofthe period aforesaid if it is satisfied that the appellant had sufficient causefor not preferring the appeal in time.
47.Maintenanceof records: A licensee under this Chapter shall–
(a)keep records, and submit such returns of his dealings, as may be prescribed, –
(i) tothe Director or any other officer authorised by him in this behalf, and
(ii) tothe Chief Wild Life Warden or the authorised officer; and
(b)make such records available on demand for inspection by such officers.
48.Purchaseof animal, etc., by licensee: No licensee under this Chapter shall –
(a)keep in his control, custody or possession, –
(i) anyanimal, animal article, trophy or uncured trophy in respect of which adeclaration under the provisions of sub–section (2) of section 44 has tobe made but has not been made;
(ii)any animal or animal article, trophy, uncured trophy or meat which has not beenlawfully acquired under the provisions of this Act or any rule or order madethereunder;
(b) (i) capture any wild animal, or
(ii)acquire, receive, keep in his control, custody or possession, or sell, offerfor sale or transport, any captive animal specified in Schedule I or Part II ofSchedule II or any animal article, trophy, unsecured trophy or meat derivedtherefrom or serve such meat, or put under a process of taxidermy or makeanimal article containing part or whole of such animal,
exceptin accordance with such rules as may be made under this Act.
Providedthat where the acquisition or, possession, control or custody of such animal oranimal article, trophy or uncured trophy entails the transfer or transport fromone State to another, no such transfer or transport shall be effected exceptwith the previous permission in writing of the Director or any other officerauthorised by him in this behalf;
Providedfurther that no such permission under the foregoing proviso shall be grantedunless the Director or the officer authorised by him is satisfied that theanimal or article aforesaid has been lawfully acquired.
1 [48A.Restrictionon transportation of wild life: No person shall accept any wild animal(other than vermin), or any animal article, or any specified plant or part orderivative thereof, for transportation except after exercising due care toascertain that permission from the Chief Wild Life Warden or any other officerauthorised by the State Government in this behalf has been obtained for suchtransportation.]
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1.Section 48A inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 31.
49.Purchaseof captive animal, etc., by a person other than a licensee: Noperson shall purchase, receive or acquire any captive animal, wild animal,other than vermin, or any animal article, trophy, uncured trophy or meatderived therefrom otherwise than from a dealer or from a person authorised tosell or otherwise transfer the same under this Act:
1[Provided that nothing in this section shall apply to a recognised zoo subjectto the provisions of section 38–I or to a public museum.]
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1.Substituted for the original proviso by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 32.
1 [CHAPTER V A
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1.Chapter V A containing Sections 49A, 49B, 49C and 49D inserted by the Wild Life(Protection) Amendment Act, 1986 (28 of 1986) Section 2 (a) (ii) (w. e. f.25-11-1986).
PROHIBITION OF TRADE OR COMMERCE INTROPHIES, ANIMAL ARTICLES, ETC. DERIVED FROM CERTAIN ANIMALS
49A.Definitions: Inthis Chapter, –
(a)"scheduled animal" means an animal specified for the time being inSchedule I or Part II or Schedule II;
(b)"scheduled animal article" means an article made from any scheduledanimal and includes an article or object in which the whole or any part of suchanimal 1 [hasbeen used but does not include tail feather of peacock, and article or trophymade there from and snake venom or its derivative;];
(c)"specified date" means–
(i) inrelation to a scheduled animal on the commencement of the Wild Life(Protection) Amendment Act, 1986, the date of expiry of two months from suchcommencement; 2 [*]
(ii) inrelation to any animal added or transferred to Schedule I or Part II ofSchedule II at any time after such commencement, the date of expiry of twomonths from such addition or transfer.
3 [(iii) in relation to ivory imported intoIndia or an article made from such ivory, the date of expiry of six months fromthe commencement of the Wild Life (Protection) Amendment Act, 1991]
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1.Substituted for the words "has been used" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 33 (a).
2. Theword "and" omitted by the Wild Life (Protection) Amendment Act, 1991(44 of 1991) Section 33 (b) (i).
3.Clause (iii) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 33 (b) (ii).
49B.Prohibitionof dealings in trophies, animal articles, etc., derived from Scheduled animals: (1)Subject to the other provisions of this section, on and after the specifieddate, no person shall, –
(a)commence or carry on the business as–
(i) amanufacturer of, of dealer in, scheduled animal articles; or
1 [(ia) a dealer in ivory imported intoIndia or articles made therefrom or a manufacturer of such articles; or]
(ii) ataxidermist with respect to any scheduled animals or any parts of such animals;or
(iii) adealer in trophy of uncured trophy derived from any scheduled animal; or
(iv) adealer in any captive animals being scheduled animals; or
(v) adealer in meat derived from any scheduled animal; or
(b)cook or serve meat derived from any scheduled animal in any eating–house.
Explanation:For the purposes of this sub–section, "eating–house"has the same meaning as in the Explanation below sub–section (1) ofsection 44.
(2)Subject to the other provisions of this section, no licence granted or renewedunder section 44 before the specified date shall entitle the holder thereof orany other person to commence or carry on the business referred to in clause (a)of sub–section (1) of this section or the occupation referred to inclause (b) of that sub–section after such date.
(3)Notwithstanding anything contained in sub–section (1) or sub–section(2), where the Central Government is satisfied that it is necessary orexpedient so to do in the public interest, it may, by general or special orderpublished in the Official Gazette, exempt for purposes of export, anycorporation owned or controlled by the Central Government (including aGovernment company within the meaning of section 617 of the Companies Act, 1956(1 of 1956), or any society registered under the Societies Registration Act,1860 (21 of 1860) or any other law for the time being in force, wholly orsubstantially financed by the Central Government, from the provisions of sub–section(1) and (2).
(4)Notwithstanding anything contained in sub–section (1) or sub–section(2), but subject to any rules which may be made in this behalf, a personholding a licence under section 44 to carry on the business as a taxidermistmay put under a process of taxidermy any scheduled animal or any part thereof,–
(a) foror on behalf of the Government or any corporation or society exempted underthis sub–section (3), or
(b)with the previous authorisation in Writing of the Chief Wild Life Warden, forand on behalf of any person for educational or scientific purposes.
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1.Clause (ia) inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 34.
49C.Declarationby dealers:(1) Every person carrying on the business oroccupation referred to in sub–section (1) of section 49B shall, withinthirty days from the specified date, declare to the Chief Wild Life Warden orthe authorised officer, –
(a) hisstocks, 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 orarticles made therefrom;]
(b) theplace or places at which the stocks mentioned in the declaration are kept; and
(c) thedescription of such items, if any, of the stocks mentioned in the declarationwhich he desires to retain with himself for his bona fide personal use.
(2) Onreceipt of a declaration under sub–section (1), the Chief Wild LifeWarden or the authorised officer may take all or any of the measures specified41 and for this purpose the provisions of section 41 shall, so far as may be,apply.
(3)Where, in a declaration made under sub–section (1), the person makingthe declaration expresses his desire to retain with himself any of the items ofthe stocks specified in the declaration for his bona fide personal use, theChief Wild Life Warden, with the prior approval of the Director, may, if he issatisfied that the person is in lawful possession of such items, issuecertificates of ownership in favour of such person with respect to all, or asthe case may be, such of the items as in the opinion of the Chief Wild LifeWarden, are required for the bona fide personal use of such person and affixupon such items identification marks in such manner as may be prescribed:
Providedthat no such item shall be kept in any commercial premises.
(4) Noperson shall obliterate or counterfeit any identification mark referred to insub–section (3).
(5) Anappeal shall lie against any refusal to grant certificate of ownership undersub–section (3) and the provisions of sub–sections (2), (3) and(4) of section 46 shall, so far as may be, apply in relation to appeals underthis sub–section.
(6)Where a person who has been issued a certificate of ownership under sub–section(3) in respect of any item, –
(a)transfers such item to any person, whether by way of gift, sale or otherwise,or
(b)transfers or transports from the State in which he resides to another State anysuch items.
heshall, within thirty days of such transfer or transport, report the transfer ortransport to the Chief Wild Life Warden or the authorised officer within whosejurisdiction the transfer or transport is effected.
(7) Noperson, other than a person who has been issued a certificate of ownershipunder sub–section (3) shall, on and after the specified date, keep underhis control, sell or offer for sale or transfer to any person 2 [anyscheduled animal, a scheduled animal article or ivory imported into India orany article made therefrom]]
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1.Subsequent-clause (v) inserted by the Wild Life (Protection) Amendment Act,1991 (44 of 1991) Section 35 (a).
2.Substituted for the words "any scheduled animal or a scheduled animalarticle" by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991)Section 35 (b).
CHAPTER VI
PREVENTION AND DETECTION OF OFFENCES
50.Powerof entry, search, arrest and detention: (1) Notwithstandinganything contained in any other law for the time being in force, the Directoror any other officer authorised by him in this behalf or the Chief Wild LifeWarden or the authorised officer or any forest officer or any police officer notbelow the rank of a sub–inspector, may, if he has reasonable grounds forbelieving that any person has committed an offence against this Act, –
(a)require any such person to produce for inspection any captive animal, wildanimal, animal article, meat, 1 [trophy, uncured trophy,specified plant or part or derivative thereof] in his control, custody orpossession, or any licence, permit or other document granted to him or requiredto 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 uponand search any premises, land, vehicle or vessel, in the occupation of suchperson, and open and search any baggage or other things in his possession;
2 [(c) seize any captive animal, wild animal,animal article, meat, trophy or uncured trophy, or any specified plant or partor derivative thereof, in respect of which an offence against this Act appearsto 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 whichmay be preferred against him, arrest him without warrant, and detain him:
Providedthat where a fisherman residing within ten kilometres of a sanctuary orNational Park, inadvertently enters on a boat, not used for commercial fishing,in the territorial waters in that sanctuary or National Park, a fishing tackleor net on such boat shall not be seized.]
(2) 3[*]
(3) Itshall be lawful for any of the officers referred to in sub–section (1)to stop and detain any person, who he sees doing any act for which a licence orpermit is required under the provisions of this Act, for the purposes ofrequiring such person to produce the licence or permit and if such person failsto produce the licence or permit, as the case may be, he may be arrestedwithout warrant, unless he furnishes the name and address, and otherwisesatisfies the officer arresting him that he will duly answer any summons orother proceedings which may be taken against him.
4 [(3A)Any officer of a rank not inferior to that of an Assistant Director of WildLife Preservation or Wild Life Warden, who, or whose subordinate, has seizedany captive animal or wild animal under clause (c) of sub–section (1)may give the same for custody on the execution by any person of a bond for theproduction of such animal if and when so required, before the Magistrate havingjurisdiction to try the offence on account of which the seizure has been made.]
(4) Anyperson detained, or things seized under the foregoing power, shall forthwith betaken before a Magistrate to be dealt with according to law.
(5) Anyperson who, without reasonable cause, fails to produce anything, which he isrequired to produce under this section, shall be guilty of an offence againstthis Act.
(6) (a)Where any 5 [meat,uncured trophy, specified plant, or part or derivative thereof] is seized underthe provisions of this section, the Assistant Director of Wild LifePreservation or any other officer of a gazetted rank authorised by him in thisbehalf or the Chief Wild Life Warden or the authorised officer may arrange forthe sale of the same and deal with the proceeds of such sale in such manner asmay be prescribed.
(b)Where it is proved that the meat or uncured trophy seized under the provisionsof this section is not Government property, the proceeds of the sale shall bereturned to the owner.
(7)Whenever any person is approached by any of the officers referred to in sub–section(1) for assistance in the prevention or detection of an offence against thisAct, or in apprehending persons charged with the violation of this Act, or forseizure in accordance with clause (c) of sub–section (1), it shall bethe duty of such person or persons to render such assistance.
6 [(8)Notwithstanding anything contained in any other law for the time being inforce, any officer not below the rank of an Assistant Director of Wild LifePreservation or Wild Life Warden shall have the powers, for purposes of makinginvestigation into any offence against any provision of this Act, –
(a) toissue a search warrant;
(b) toenforce the attendance of witnesses;
(c) tocompel the discovery and production of documents and material objects; and
(d) toreceive and record evidence.
(9) Anyevidence recorded under clause (d), of sub–section (8) shall beadmissible in any subsequent trial before a Magistrate provided that it hasbeen taken in the presence of accused person.]
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1.Substituted for the words "trophy or uncured trophy" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 36 (a) (i).
2.Substituted for the original Clause (c) by the Wild Life (Protection) AmendmentAct, 1991 (44 of 1991) Section 36 (a) (ii).
3.Sub-section (2) omitted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 36 (b).
4.Sub-section (3A) omitted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 36 (c).
5. Substitutedfor the words "meat or uncured trophy" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 36 (d).
6.Sub-sections (8) and (9) inserted by the Wild Life (Protection) Amendment Act,1991 (44 of 1991) Section 36 (e).
51.Penalties:(1) Anyperson who 1 [contravenes any provision of this Act 2[(except Chapter V A and section 38-J)]] or any rule or order made thereunderor who commits a breach of any of the conditions of any licence or permitgranted under this Act, shall be guilty of an offence against this Act, andshall, on conviction, be punishable with imprisonment for a term which mayextend to 3 [threeyears], or with fine which may extend to 4 [twenty–fivethousand rupees], or with both:
Providedthat where the offence committed is in relation to any animal specified inSchedule I or Part II of Schedule II or meat of any such animal or animalarticle, trophy or uncured trophy derived from such animal or where the offence5[relates to hunting in, or altering the boundaries of] a sanctuary or aNational Park, such offence shall be punishable with imprisonment for a termwhich shall not be less than 6 [one year] but may extendto six years and also with fine which shall not be less than 7 [fivethousand rupees].
8[Provided further that in the case of a second or subsequent offence of thenature mentioned in this sub–section, the term of imprisonment mayextend to six years and shall not be less than two years and the amount of fineshall not be less than ten thousand rupees.]
9 [(1A)Any person who contravenes any provisions of Chapter V A, shall be punishablewith imprisonment for a term which shall not be less than one year but whichmay extend to seven years and also with fine which shall not be less than fivethousand rupees.]
10 [(1B)Any person who contravenes the provisions of section 38-J shall be punishablewith imprisonment for a term which may extend to six months, or with fine whichmay extend to two thousand rupees, or with both:
Providedthat in the case of a second or subsequent offence the term of imprisonment mayextent to one year or the fine may extend to five thousand rupees.]
(2)When any person is convicted of an offence against this Act, the Court tryingthe offence may order that any captive animal, wild animal, animal article,trophy, 11[uncured trophy, meat, ivory imported into India or an article made from suchivory, any specified plant, or part or derivative thereof] or meat in respectof which the offence has been committed, and any trap, tool, vehicle, vessel orweapon, used in the commission of the said offence be forfeited to the StateGovernment and that any licence or permit, held by such person under theprovisions of this Act, be cancelled.
(3)Such cancellation of licence or permit or such forfeiture shall be in additionto any other punishment that may be awarded for such offence.
(4)Where any person is convicted of an offence against this Act, the Court maydirect that the licence, if any granted to such person under the Arms Act, 1959,(54 of 1959) for possession of any arm with which an offence against this Acthas been committed, shall be cancelled and that such person shall not beeligible for a licence under the Arms Act, 1959, for a period of five yearsfrom the date of conviction.
12 [(5)Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to aperson convicted of an offence with respect to hunting in a sanctuary or aNational Park or of an offence against any provision of Chapter V A unless suchperson is under eighteen years of age.]
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1.Substituted for the words "contravenes any provisions of this Act" bythe Wild Life (Protection) Amendment Act, 1986 (28 of 1986) Section 4 (a) (w.e. f. 25-11-1986).
2.Substituted for the words, letters, and brackets "(except Chapter VA)" by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991) Section37 (a) (i).
3.Substituted for the words "two years" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 37 (a) (i).
4.Substituted for the words "two thousand rupees" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 37 (a) (i).
5.substituted for the words "relates to hunting in" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 37 (a) (ii).
6.Substituted for the words "six months" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 37 (a) (ii).
7.Substituted for the words "five hundred rupees" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 37 (a) (ii).
8.Substituted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991)Section 37 (a) (iii).
9.Sub-section (1-A) inserted by the Wild Life (Protection) Amendment Act, 1986(28 of 1986) Section 4 (b) (w. e. f. 25-11-1986).
10.Sub-section (1-B) by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 37 (b).
11.Substituted for the words "uncured trophy" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 37 (c).
12.Sub-section (5) inserted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 37 (d).
52.Attemptsand abetment: Whoever attempts or contravene, or abets thecontravention of any of the provisions of this Act or of any rule or order madethereunder shall be deemed to have contravened that provision or rule or order,as the case may be.
53.Punishmentfor wrongful seizure: If any person, exercising powers underthis Act, vexatiously and unnecessarily seizes the property of any other personon the preference of seizing it for the reasons mentioned in section 50, heshall, on conviction be punishable with imprisonment for a term which mayextend to six months, or with fine which may extend to five hundred rupees, orwith both.
54.Powerto compound offences: (1) The 1 [TheCentral Government may, by notification, empower the Director of Wild LifePreservation or any other officer and the State Government] may, bynotification, empower the Chief Wild Life Warden or any officer of a rank notinferior to that of a Deputy Conservator of Forests, –
(a) toaccept, from any person against whom a reasonable suspicion exists that he hascommitted an offence against this Act, payment of a sum of money by way ofcomposition of the offence which such person is suspected to have committed;and
(b)when any property has been seized as liable to be forfeited, to release thesame on payment of the value thereof as estimated by such officer.
(2) Onpayment of such sum of money or such value, or both, as the case may be, tosuch officer, the suspected person, if in custody, shall be discharged, and theproperty, other than Government property, if any, seized, shall be released andno further proceedings in respect of the offence shall be taken against suchperson.
(3) Theofficer compounding any offence may order the cancellation of any licence orpermit granted under this Act to the offender, or if not empowered to do so,may approach an officer so empowered, for the cancellation of such licence orpermit.
(4) Thesum of money accepted or agreed to be accepted, as composition under clause (b)of sub–section (1) shall, in no case, exceed the sum of two thousandrupees:
Providedthat no offence, for which a minimum period of imprisonment has been prescribedin sub–section (1) of section 51, shall be compounded.
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1.Substituted for the words "State Government" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 38.
1 [55.Cognizanceof offences: No court shall take cognizance of any offence against this Acton the complaint of any person other than–
(a) theDirector of Wild Life Preservation or any other officer authorised in thisbehalf by the Central Government; or
(b) theChief Wild Life Warden, or any other officer authorised in this behalf by theState Government; or
(c) anyperson who has given notice of not less than sixty days , in the mannerprescribed, of the alleged offence and of his intention to make a complaint, tothe Central Government or the State Government or the officer authorised asaforesaid.]
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1.Substituted for the words for the original Section 55 by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 39.
56.Operationof other laws not barred: Nothing in this Act shall be deemed toprevent any person from being prosecuted under any other law for the time beingin force, for any act or omission which constitutes an offence against this Actor from being liable under such other law to any higher punishment or penaltythan that provided by this Act:
Providedthat no person shall be punished twice for the same offence.
57.Presumptionto be made in certain cases: Where, in any prosecution for an offenceagainst this Act, it is established that a person is in possession, custody orcontrol of any captive animal, animal article, meat, 1[trophy, uncured trophy, specified plant, or part or derivative thereof], itshall be presumed, until the contrary is proved, the burden of proving whichshall lie on the accused, that such person is in unlawful possession, custodyor control of such captive animal, animal article, meat, trophy or uncuredtrophy.
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1.Substituted for the words "trophy or uncured trophy" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 40.
58.Offencesby companies: (1) Where an offence against this Act has beencommitted by a company, every person who, at the time the offence wascommitted, was in charge of, and was responsible to, the company for theconduct of the business of a company as well as the company, shall be deemed tobe guilty of the offence and shall be liable to be proceeded against andpunished accordingly:
Providedthat nothing contained in this sub–section shall render any such personliable to any punishment, if he proves that the offence was committed withouthis knowledge or that he exercised all due diligence to prevent the commissionof such offence.
(2)Notwithstanding anything contained in sub–section (1), where an offenceagainst this Act has been committed by a company and it is proved that theoffence has been committed with the consent or connivance of, or isattributable to any neglect on the part of, any director, manager, secretary orother officer of the company, such director, manager, secretary or otherofficer shall also be deemed to be guilty of that offence and shall be liableto be proceeded against and punished accordingly.
Explanation:For the purposes of this section, –
(a)"company" means any body corporate and includes a firm or otherassociation of individuals; and
(b)"director", in relation to a firm, means a partner in the firm.
CHAPTER VII
MISCELLANEOUS
59.Officersto be public servants: Every officer referred to in 1 [inChapter II and the chairperson, members, member–secretary and otherofficers and employees referred to in Chapter IV A] every other officerexercising any of the powers conferred by this Act shall be deemed to be apublic servant within the meaning of section 21 of the Indian Penal Code.
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1.Substituted for the words "Chapter II and" by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 41.
60.Protectionof action taken in good faith: (1) No suit, prosecution or other legalproceedings shall lie against any officer or other employee of the CentralGovernment or the State Government for anything which is in good faith done orintended to be done under this Act.
(2) Nosuit or legal proceeding shall lie against the Central Government or the StateGovernment or any of its officers or other employees for any damage caused orlikely to be caused by anything which is in good faith done or intended to bedone under this Act.
1 [(3)No suit or other legal proceeding shall lie against the Authority referred toin Chapter IV A and its chairperson, members, member–secretary, officersand other employees for anything which is in good faith done or intended to bedone under this Act.]
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1.Sub-section (3) inserted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 42.
1 [60A.Rewardto persons: (1) When a court imposes a sentence of fine or a sentence ofwhich fine forms a part, the court may, when passing judgement, order that thereward be paid to a person who renders assistance in the detection of theoffence or the apprehension of the offenders out of the proceeds of fine notexceeding twenty percent of such fine.
(2)When a case is compounded under section 54, the officer compounding may orderreward to be paid to a person who renders assistance in the detection of theoffence or the apprehension of the offenders out of the sum of money acceptedby way of composition not exceeding twenty percent of such money.]
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1.Section 60A inserted by the Wild Life (Protection) Amendment Act, 1991 (44 of1991) Section 43.
61.Powerto alter entries in Schedules: (1) The Central Government may, if it isof opinion that it is expedient so to do, by notification, 1 [addor delete any entry to or from any Schedule] or transfer any entry from onePart of a Schedule to another Part of the same Schedule or from one Schedule toanother.
(2) 2[*]
(3) Onthe issue of a notification under sub–section (1) or 3[*], the relevant Schedule shall be deemed to be altered accordingly,provided that every such alteration shall be without prejudice to anything doneor omitted to be done before such alteration.
(4) 4[*]
Providedthat any such alteration made by the State Government, if it has been made withthe previous consent of the Central Government, shall prevail in the State:
Providedfurther that nothing in the foregoing proviso shall prevent the CentralGovernment from modifying or cancelling, at any time, the alteration made bythe State Government.
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1.Substituted for the words "add any entry to any Schedule" by the WildLife (Protection) Amendment Act, 1991 (44 of 1991) Section 44 (a).
2.Sub-section (2) omitted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 44 (b).
3. Thewords, figures, and brackets "sub–section (2)" omitted WildLife (Protection) Amendment Act, 1991 (44 of 1991) Section 44 (c).
4.Sub-section (4) omitted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 44 (d).
62.Declarationof certain wild animals to be vermin: 1 [TheCentral Government], by notification, declare any wild animal other than thosespecified in Schedule I and Part II of Schedule II to be vermin for any areaand for such period as may be specified therein and so long as suchnotification is in force, such wild animal shall be deemed to have beenincluded in Schedule V.
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1.Substituted for the words and figures "Subject to the provisions ofsection 61, the State Government may" by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 45.
63.Power of Central government to makerules: 1 [(1) The Central Government may, bynotification, make rules for all or any of the following matters, namely: –
(a)conditions and other matters subject to which a licensee may keep any specifiedplant in his custody or possession under section 17F;
(b) thesalaries and allowances and other conditions of appointment of chairperson,members and member–secretary under sub–section (5) of section38B;
(c) theterms and conditions of service of the officers and other employees of theCentral Zoo Authority under sub–section (7) of section 38B;
(d) theform in which the annual statement of accounts of the Central Zoo Authorityshall be prepared under sub–section (4) of section 38E;
(e) theform in which and the time at which the annual report of the Central ZooAuthority shall be prepared under sub–section (4) of section 38E;
(f) theform in which and the fee required to be paid with the application forrecognition of a zoo under sub–section (2) of section 38H;
(g) thestandards, norms and other matters to be considered for granting recognitionunder sub–section (4) of section 38H;
(h) theform in which declaration shall be made under sub–section (2) of section44;
(i) thematters to be prescribed under clause (b) of sub–section (4) of section44;
(j) theterms and conditions which shall govern transactions referred to in clause (b)of section 48;
(k) themanner in which notice may be given by a person under clause (c) of section 55;
(l) thematters specified in sub–section (2) of section 64 in so far as theyrelate to sanctuaries and National Parks declared by the Central Government.]
(2)Every rule made under this section shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session, for a totalperiod of thirty days which may be comprised in one session or in two or moresuccessive sessions, and if before the expiry of the session immediatelyfollowing the session or the successive sessions aforesaid, both Houses agreein making any modification in the rule or both Houses agree that the ruleshould not be made, the rule shall thereafter have effect only in such modifiedform or be of no effect, as the cast may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity ofanything previously done under that rule.
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1.Substituted for the original sub-section (1) by the Wild Life (Protection)Amendment Act, 1991 (44 of 1991) Section 46.
64.Powerof State Government to make rules: (1) The State Governmentmay, by notification, make rules for carrying out the provisions of this Act inrespect of matters which do not fall within the purview of section 63.
(2) Inparticular and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely: –
(a) theterm of office of the members of the Board referred to in clause (g) of sub–section(1) of section 6 and the manner of filling vacancies among them;
(b)allowances referred to in sub–section (4) of section 6;
(c) theforms to be used for any application, certificate, claim, declaration, licence,permit, registration, return or other document, made, granted, or submittedunder the provisions of this Act and the fees, if any, therefor;
(d) theconditions subject to which any licence or permit may be granted under thisAct;
(e) theparticulars of the record of wild animals (captured or killed) to be kept andsubmitted by the licensee;
1 [(ee) the manner in which measures forimmunisation of live–stock shall be taken;]
(f)regulation of the possession, transfer and the sale of captive animals, meat,animal articles, trophies and uncured trophies;
(g)regulation of taxidermy;
(h) anyother matter which has to be, or may be, prescribed under this Act.
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1.Sub-clause (ee) inserted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 47.
65.Rightsof Scheduled Tribes to be protected: Nothing in this Act shallaffect the hunting rights conferred on the Scheduled Tribes of the NicobarIslands in the Union territory of Andaman and Nicobar Islands by notificationof the Andaman and Nicobar, Administration, No.40/67/F, No.G635, Vol. III,dated the 28th April, 1967, published at pages 1 to 5 of the Extraordinaryissue of the Andaman and Nicobar Gazette, dated the 28th April, 1967.
66.Repealand Savings: (1) As from the commencement of this Act, every otherAct 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, standrepealed:
Providedthat such repeal shall not, –
(i)affect the previous operation of the Act so repealed, or anything duly done orsuffered thereunder;
(ii)affect any right, privilege, obligation or liability acquired, accrued orincurred under the Act so repealed;
(iii)affect any penalty, forfeiture or punishment incurred in respect of any offencecommitted against the Act so repealed; or
(iv)affect any investigation, legal proceeding or remedy in respect of any suchright, privilege, obligation, liability, penalty, forfeiture, or punishment asaforesaid;
and anysuch investigation, legal proceeding or remedy may be instituted, continued orenforced, and any such penalty, forfeiture and punishment may be imposed, as ifthe aforesaid Act had not been repealed.
(2)Notwithstanding such repeal, –
(a)anything done or any action taken under the Act so repealed (including anynotification, order, certificate, notice or receipt issued, application made,or permit granted) which is not inconsistent with the provisions of this Act,be deemed to have been done or taken under the corresponding provisions of thisAct as if this Act were in force at the time such thing was done or action wastaken, and shall continue to be in force, unless and still superseded byanything done or any action taken under this Act;
(b)every licence granted under any Act so repealed and in force immediately beforethe commencement of this Act shall be deemed to have been granted under thecorresponding provisions of this Act and shall, subject to the provisions ofthis Act, continue to be in force for the unexpired portion of the period forwhich sum licence had been granted.
(3) Forthe removal of doubts, it is hereby declared that any sanctuary or NationalPark declared by a State Government under any Act repealed under sub–section(1) shall be deemed to be a sanctuary or National Park, as the case may be,declared by the State Government under this Act and where any right in or overany land in any such National Park which had not been extinguished under thesaid Act, at or before the commencement of this Act, the extinguishment of suchrights shall be made in accordance with the provisions of this Act.
1 [(4)For the removal of doubts, it is hereby further declared that where anyproceeding under any provision of sections 19 to 25 (both inclusive) is pendingon the date of commencement of the Wild Life (Protection) Amendment Act, 1991,any reserve forest or a part of territorial waters comprised within a sanctuarydeclared under section 18 to be a sanctuary before the date of suchcommencement shall be deemed to be a sanctuary declared under section 26A.]
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1.Sub-section (4) inserted by the Wild Life (Protection) Amendment Act, 1991 (44of 1991) Section 48.
SCHEDULE I
(See sections 2, 8, 9, 11, 40, 41, 43, 48, 51, 61 and62)
Part I – Mammals
1. Binturong(Arctictis binturong).
2. Black Duck(Antelope cervicapra).
3. Brow–antlereddeer or Thamin (Cervus eldi).
4. Caracal(Felis caracal)
5. Cheetah(Acinonyx jubatus).
6. Cloudedleopard (Neofelis nebulosa)
7. Dugong(Dugong dugon)
8. FishingCat (Felis viverrina).
9. Golden Cat(Felis temmincki).
10. Goldenlangur (Presbytis geei).
11. Hispid hare(Caprolagus hispidus).
12. Hoolock (Hylobateshoolock)
13. Indian lion(Panthera leo persica).
14. Indian WildAss (Equus hemionus khur).
15. Indian Wolf(Canis lupus).
16. KashmirStage (Cervus elaphus hanglu).
17. Leopard cat(Felis bengalensis).
18. Lesser orRed panda (Ailurus fulgens).
19. Lion–tailedmacaque (Macaca silenus).
20. Loris (Loristardigradus).
21. Lynx (Felislynx isabellinus).
22. MalabarCivet (Viverra megaspila).
23. Marbled cat(Felis marmorata).
24. Markhor(Capra falconeri).
25. Musk deer(Moschus moschiferus).
26. Ovis Ammonor Nyan (Ovis ammon hodgsoni).
27. Pallas’s cat(Felis manul).
28. Pangolin(Manis crassicaudata).
29. Pygmy hog(Sus salvanius).
30. Rhinoceros(Rhinoceros unicornis).
31. Rustyspotted cat (Felis rubiginosa).
32. Slow Loris(Nycticebus coucang).
33. Snow leopard(Panthera uncia).
34. Spottedlinsang (Prionodon pardicolor).
35. Swamp deer(all sub–species of Cervus duvauceli).
36. Takin orMishmi Takin (Budorcas taxicolor)
37. TibetanGazelle (Procapra picticaudata).
38. Tibetan WildAss (Equus hemionus kiang).
39. Tiger(Panthera tigris).
40. Urial orShapu (Ovis vignei).
41. Wild buffalo(Bubalus bubalis).
Part II – Amphibians and reptiles
1. Crocodiles(including the Estuarne or salt water crocodile) (Crocodilus porosus andCrocodilus palustris).
2. Gharial(Gavialis gangeticus).
Part III – Birds
1. Bazas(Aviceda jeordoni and Aviceda leuphotes).
2. CheerPheasant (Catreus wallichii).
3. GreatIndian Bustard (Choriotis nigriceps).
4. GreatIndian Hornbill (Buceros bicornis).
5. Jerdon’sCourser (Cursorius bitorquatus).
6. Lammergeier(Gypaetus barbatus).
7. LargeFalcons (Falco peregrinus, Falco biarmicus and Falco chicquera).
8. MountainQuail (Ophrysia superciliosa).
9. NarcondomHornbill [Rhyticeros (undulatus) narcondami]
10. Nicobar Megapode(Megapodius freycinet).
11. Peafowl(Pavo cristatus).
12. Pinkheadedduck (Rhodonessa coryophyllacea).
13. Scalter’sMonal (Lophophorus sclateri).
14. SiberianWhite crane (Grus leucogeranus).
15. TragopanPheasants (Tragopan melanocephalus, Tragopan blythii, Tragopan satyra, Tragopantemmincki).
16. WhitebelliedSea Eagle (Haliaetus leucogaster).
17. White–earnedPheasant (Crossoptilon crossoption).
18. White–wingedWood Duck (Cairina Scutulata).
SCHEDULE II
(See sections 2, 8, 9, 1[*], 11,40, 41, 43, 48, 51, 61 and 62)
2 [*]
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1. Thefigures 10 and the words "Special Game" in the heading omitted by theWild Life (Protection) Amendment Act, 1991 (44 of 1991) Section 49.
Part I
1. AgraMonitor Lizard [Varanus griseus (Daudin)]
2. BengalPorcupine (Atherurus macrourus assamensis).
3. Bison orGaur (Bos gaurus).
4. CappedLangur (Presbytis pileatus).
5. Crab–eatingMacaque (Macaca irus umbrosa).
6. Dolphins(Dolphinus delphis, Platanista gangetica).
7. FerretBadgers (Melogale moschatta and Melogale personata).
8. Flyingsquirrels (All speices of the genus Hylopetes, Petaurista, Belomys andEupetaurus).
9. Giantsquirrels (Ratufa macroura, Rafuta indica and Ratufa bicolor).
10. HimalayanBrown bear (Ursus arctos).
11. Himalayancrestless Porcupine (Hystrix hodgsoni).
12. Hog badger(Arctonyx collaris).
13. Indianelephant (Elephas maximus).
14. Leaf Monkey(Presbytis phayrei).
15. Malay or Sunbear (Helarctos malayanus).
16. Pig–tailedMacaque (Macaca nemestrina).
17. Pythons(Genus Python).
18. Serow(Capricornis sumatraensis).
19. Stump–tailedMacaque (Macaca speciosa).
20. TibetanAntelope or Chiru (Panthelops hodgsoni).
21. Water Lizard(Varanus salvator).
22. Wild Dog orDhole (Cuon alpinus).
23. Wild yak(Bos grunniens).
Part II
1. Leopard orPanther (Panthera pardus).
2. Nilgirilangur (Presbytis johni).
3. NilgiriThar (Hemitragus hylocrius).
SCHEDULE III
(See sections 2, 8, 9, 1[*], 11 and 61)
1 [*]
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1. Thefigures 10 and the words "Big Game" in the heading omitted by theWild Life (Protection) Amendment Act, 1991 (44 of 1991) Section 50.
1. AndamanWild Pig (Sus andamanensis).
2. Barkingdeer or Muntjac (Muntiacus muntjak).
3. Bharal(Ovis nahura).
4. Chinkaraor Indian Gazelle (Gazella gazella bennetti.).
5. Chital(Axis axis).
6. Four–hornedantelope (tetraceros quadricornis).
7. Gorals(Nemorhaedus goral, Nemorhaedus hodgsoni).
8. Himalayanblack bear (Selenarctos thibetanus).
9. HimalayanIbex (Capra ibex).
10. Himalayanthar (Hemitragus jemlahicus).
11. Hog deer(Axis porcinus).
12. Hyaena(Hyaena hyaena).
13. Mouse deer(Tragulus meminna).
14. Nilgai(Boselaphus tragocamelus).
15. Ratel(Mellivora capensis).
16. Sambar(Cervus unicolor).
17. Sloth bear(melursus ursinus).
18. Tibetan wolf(Canis lupus).
19. Wild pig(Sus Scrofa).
SCHEDULE IV
(See sections 2, 8, 9 11 and 61)
1 [*]
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1. Thewords "Small Game" in the heading omitted by the Wild Life(Protection) Amendment Act, 1991 (44 of 1991) Section 51.
1. Desert cat(Felis libyca).
2. Desert fox(Vulpes bucopus).
3. Ermine(Mustela erminea).
4. Hares(Black naped, Common Indian, Desert, Himalayan Mousehare).
5. Marmots(Marmota bobak himalayana, Marmota Caudata).
6. Martens(Martns foina intermedia, Martes flavigula, Martes gwatkinsii).
7. Otters(Lutra lutra, Lutra perspicillata, Aonyx cinerea).
8. Red fox(Vulpes vulpes).
9. Tibetanfox (Vulpes ferrilatus).
10. Weasels(Mustela sibirica, Mustela kathiah and Mustela altaica).
11. Birds (otherthan those sub–species and species mentioned in Part III of Schedule Ior in Schedule V, and belonging to the families listed below: –
I. Barbets (Capitonidae).
II. Barn Owls (Tytoninae).
III. Blud–birds (Irenidae).
IV. Bustards (Otididae).
V. Bustard–QUail (Turnicidae).
VI. Chaffinches (Fringillinae).
VII. Cranes (Gruidae).
VIII. Ducks (Anatidae).
IX. Emerald Dove (Columbidae).
X. Falcons (Falconidae).
XI. Finches (Fringilladae).
XII. Flamingoes (Phoenicopteridae).
XIII. Flycatchers (Muscicapidae).
XIV. Geese (Anatidae).
XV. Goldfinches and allies (Carduelinae).
XVI. Grouse (Pteroclididae).
XVII. Hawks (Accipitridae).
XVIII. Hornbills (Bucerotidae).
XIX. Ioras (Irenidae).
XX. Jungle and Spur fowl (Phasianidae).
XXI. Megapodes (megapodiidae).
XXII. Minivets (Campephagidae).
XXIII. Orioles (Oriolidae).
XXIV. Owls (Strigidae).
XXV. Oystercatchers (Haematopodidae).
XXVI. Partridges (Phasianidae).
XXVII. Pelicans (Pelecanidae).
XXVIII. Pheasants (Phasianidae).
XXIX. Pigeons (except Blue Rock pigeon) (Columbidae).
XXX. Pittas (Pittidae).
XXXI. Quail (Phasianidae).
XXXII. Snipe (charadriidae).
XXXIII. Sunbirds (Nectariniidae).
XXXIV. Swans (Anatidae).
XXXV. Thrushes (Muscicapidae).
XXXVI. Trogans (Trogonidae).
SCHEDULE V
(See sections 2, 8, 61 and 62)
Vermin
1. Commoncrow.
2. Commonfox.
3. Fruitbats.
4. Jackal.
5. Mice.
6. Rats
7. Voles.
1 [SCHEDULE VI
(See section 2)
1.Beddomescycad (Cycas beddomei)
2.BlueVanda (Vanda coerulea)
3.Kuth(Saussurea lappa)
4.Ladiesslipper orchids (Paphiopedilum spp.)
5.PitcherPlant (Nepenthee Khasiana)
6.RedVanda (Rananthera imschootiana).]
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1. Schedule VI inserted by theWild Life (Protection) Amendment Act, 1991 (44 of 1991) Section 52.
