I.
The Wild Life (Protection) Act, 1972
| Chapter
I |
Preliminary |
| Chapter
II |
Authroities to be Appointed or Constituted Under the Act |
| Chapter
III |
Hunting of Wild Animals |
| Chapter
III A |
Protection
of Specified Plants |
| Chapter
IV |
Sanctuaries,
National Parks and Closed Areas
I
Sancturies
II National Parks
III Closed Areas
|
| Chapter
IV A |
Central
Zoo Authority and Recognition of Zoos |
| Chapter
V |
Trade
or Commerce in Wild Animals, Animal Articles and Trophies |
| Chapter
V A |
Prohibition
of Trade or Commerce in Trophies, Animal Articles, etc., derived
from certain Animals |
| Chapter
VI |
Prevention
and Detection of Occences |
| Chapter
VII |
Miscellaneous
|
| Parts |
|
THE
WILD LIFE (PROTECTION) ACT, 1972
(53
OF 1972)90[9th September, 1972]
An
Act to provide for the protection of (1)[wild
animals, birds and plants] and for matters connected there with or axillary
or incidental thereto(2)[***]
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement. - (1) This Act
may be called the Wild Life (Protection) Act, 1972.(3)[(2) It extends to the whole of India except
the State of Jammu and Kashmir.
(3)
It shall come into force in a State or Union Territory to which it extends,
(4)[***] on such date as the Central
Government may, by notification, appoint, and different dates may be
appointed for different provisions of this Act or for different States
or Union territories.
2.
Definitions. In this Act, unless the context otherwise
requires,-
(1)
"animal" includes amphibians, birds, mammals and reptiles
and their young, and also includes, in the cases of birds and reptiles,
their eggs;
(2)
"animal article" means an article made from any captive animal
or wild animal, other than vermin, and includes an article or object
in which the whole or any part of such animal (5)[has
been used, and ivory imported into India and an article made therefrom];(6)[***]
(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,
Schedule II, Schedule II or Schedule IV, which is captured or kept or
bred in captivity;
6[***]
(7)
"Chief Wild Life Warden" means the person appointed as such
under clause (a) of sub-section (1) of section 4;
(7)[7A)
"circus" means an establishment, whether stationary or mobile,
where animals are kept or used wholly or mainly for the purpose of performing
tricks or manoeuvres;]
(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 revenue
administration of a district;
(10)
"commencement of this Act", in relation to -
a)a
State, means commencement of this Act in that State,
b)any
provision of this Act, means the commencement of that provision in the
concerned State;
(11)"dealer'
means any person who carries on the business of buying and selling any
captive animal, animal article, trophy, uncured trophy (8)[meat
or specified plant];
(12)"Director"
means the person appointed as Director of Wild Life Preservation under
clause (a) of sub-section (1) of section 3;(9)[(12
A) "Forest Officer" means the Forest Officer appointed under
clause (2) of section 2 of the Indian Forest Act, 1927;] (10)[***]
(14)"Government
property" means any property referred to in section 39 9[or section
17H;]
(15)"habitat"
includes land, water or vegetation which is the natural home 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 and every
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,
in the case of wild birds or reptiles, damaging the eggs of such birds
or reptiles 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, 8[marshes and wetlands
and also includes boulders and rocks];
18."licence"
means a licence granted under this Act;
9[(18A)
"live stock" includes buffaloes, bulls, bullocks, camels,
cows, donkeys, goats, horses, mules, pigs, sheeps, yaks and also includes
their young;)
(19)"manufacturer"
means a manufacturer of animal articles;
(20)"meat"
includes blood, bones, sinew, eggs, fat and flesh, whether raw or cooked,
of any wild animal, other than vermin;
(21)"National
Park" means an area declared, whether under section 35 or section
38, or deemed, under sub-section (3) of section 66, to be declared,
as a National Park;
(22)"notification"
means a notification published in the Official Gazette;
(23)"permit"
means a permit granted under this Act or any rule made thereunder;
(24)"person"
includes a firm;
(25)"prescribed'
means prescribed by rules made under this Act;(11)[(25A "recognised zoo" means a zoo
recognised under section 38H;
(25
B) "reserve forest" means the forest declared to be reserved
by the State 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,
deemed, under sub-section (3) of section 66, to be declared, as a wild
life sanctuary;(12)[(27 "specified plant" means
any 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 the Administrator
of that Union territory appointed by the President under article 239
of the Constitution;
(30)"taxidermy",
with its grammatical variations and cognate expressions, means the preparation
or preservation of trophies;
11(30
A) "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 wild animal, 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 a process of taxidermy, and
(b)
antler, horn, rhinoceros horn, hair, feather, nail, tooth, musk, eggs
and nests;
(32)"uncured
trophy" means the whole or any part of any captive animal or wild
animal, other than vermin, which has not undergone a process of taxidermy,
and includes a 12[freshly killed wild animal, ambergris, musk and other
animal products];
(33)"vehicle"
means any conveyance used for movement on land, water or air and includes
buffalo, bull, bullock, camel, donkey, elephant, horse and mule;
(34)"vermin"
means any wild animal specified in Schedule V;
(35)"weapon"
includes ammunition, bows and arrows, explosives, firearms, hooks, knives,
nets, poison, snares and traps and any instrument or apparatus capable
of anaesthetizing, deoying, destroying, injuring or killing an animal;
(36)"wild
animal" means any animal found wild in nature and includes any
animal specified in Schedule I, Schedule II, Schedule III, Schedule
IV or Schedule V, wherever found;
(37)"wild
life" includes any animal, bees, butterflies, crustacea, fish and
moths; and aquaire or land vegetation which form part of any habitat;
(38)"Wild
Life Warden" means the person appointed as such under clause (b)
of sub-section (1) of section 4;
11[(39)
"zoo" means an establishment, whether stationary or mobile,
where captive animals are kept for exhibition to the public but does
not include a circus and an establishment of a licensed dealer in captive
animals]
CHAPTER
II
AUTHORITIES
TO BE APPOINTED OR CONSTITUTED UNDER THE ACT
3.
Appointment of Director and other officers. - (1) The
Central Government may, for the purpose of this Act, appoint, _
(a)
A Director of Wild Life Preservation;
(b)
Assistant Directors of Wild Life Preservation; and
(c)
such other officers and employees as may be necessary.
(2)
In the performance of his duties and exercise of his powers by or under
this Act, the Director shall be subject to such general or special directions,
as the Central Government may, from time to time, give.
(3)
The Assistant Directors of Wild Life Preservation and other officers
and employees appointed under this section shall be subordinate to the
Director.
4.
Appointment of Life Warden and other officers - (1)
The State Government may, for the purposes of this Act, appoint,_
(a)
a Chief Wild Life Warden;
(b)
Wild Life Wardens, (13)[***](14)[(bb)-
one Honorary Wild Warden in each district; and]
(c)
such other officers and employees as may be necessary.
(2)
In the performance of his duties and exercise of his powers by or under
this Act, the Chief Wild Life Warden shall be subject to such general
or special directions, as the State Government may, from time to time,
give.
(3)
(15)[The Wild Life Warden, the Honorary
Wild Life Warden] and other officers and employees appointed under this
section shall be subordinate to the Chief Wild Life Warden.
5.
Power to delegate - (1) The Director may, with the
previous approval of the Central Government, by order in writing, delegate
all or any of his powers and duties under this Act to any officer subordinate
to him subject to such conditions, if any, as may be specified in the
order.
(2)
The Chief Wild Life Warden may, with the previous approval of the State
Government by order in writing, delegate all or any of his powers and
duties under this Act, except those under clause (a) of sub-section
(1) of section 11, to any officer subordinate to him subject to such
conditions, if any, as may be specified in the order.
(3)
Subject to any general or special direction given or condition imposed
by the Director or the Chief Wild Life Warden, any person, authorised
by the Director or the Chief Wild Life Warden to exercise any powers,
may exercise those powers in the same manner and to the same effect
as if they had conferred on that person directly by this Act and not
by way of delegation.
6.
Constitution of Wild Life Advisory Board - (1) The
State Government, or, in the case of a Union territory, the Administrator,
shall, as soon as may be after the commencement of this Act, constitute
a Wild Life Advisory Board consisting of the following members,
namely:
- the
Minister in charge of forests in the State or Union territory, or,
if there is no such Minister, the Chief Secretary to the State Government,
or, as the case may be, the Chief Secretary to the Government of the
Union territory, who shall be the Chairman;
- two
members of the State Legislature or, in the case of a Union territory
having a Legislature, two members of the Legislature of the Union
territory, as the case may be;
- Secretary
to the State Government, or the Government of the Union territory,
in charge of forests;
(16)[(d)the
Forest Officer in charge of the State Forest Department by whatever
designation called, ex officio]
(e)
an officer to be nominated by the Director;
(f)
Chief Wild Life Warden, ex officio;
16[(g)officers
of the State Government not exceeding five;
- such
other persons, not exceeding ten, who, in the opinion of the State
Government, are interested in the protection of wild life, including
the representatives of tribals not exceeding three.]
(17)[(1A)
The State Government may appoint a Vice-Chairman of the Board from amongst
the members referred to in clauses (b) and (h) of sub-section (1).
(2)
The State Government shall appoint 16[the forest officer in charge of
the State Forest Department].
(3)
The term of office of the members of the Board referred to in clause
(g) of sub-section and the manner of filling vacancies among them shall
be such as may be prescribed.
(4)
The members shall be entitled to receive such allowances in respect
of expenses incurred in the performance of their duties as the State
Government may prescribe.
7.
Procedure to be followed by the Board - (1) The Board
shall meet at least twice a year at such place as the State Government
may direct.
(2)
The Board shall regulate its own procedure (including the quorum).
(3)
No act or proceeding of the Board shall be invalid merely by reason
of the existence of any vacancy therein or any defect in the constitution
thereof or any irregularity in the procedure of the Board not affecting
the merits of the case.
8.
Duties of Wild Life Advisory Board - It shall be the
duty of the Wild Life Advisory Board to advise the State Government,
-
(a)
in the selection of areas to be declared as sanctuaries, National Parks
(18)[***] and closed areas and the administration
thereof;(19)[(b)in formulation
of the policy for protection and conservation of the wild life and specified
plants;]
(c)
in any matter relating to the amendment of any Schedule;18[***](20)[(cc)
in relation to the measures to be taken for harmonising the needs of
the tribals and other dwellers of the forest with the protection and
conservation of wild life; and
(d)
in any other matter connected with the protection of wild life which
may be referred to it by the State Government.
CHAPTER
III
HUNTING
OF WILD ANIMALS
(21)[9. Prohibition of 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.] (22)[***]
11.
Hunting of wild animals to be permitted in certain cases.-
(1) Notwithstanding anything contained in any other law for the time
being in force and subject to the provisions of Chapter IV, _
a)
the Chief Wild Life Warden may, if he is satisfied that any wild animal
specified in Schedule I has become dangerous to human life or is so
disabled or diseased as to be beyond recovery, by order in writing and
stating the reasons therefore, permit any person to hunt such animal
or cause such animal to be hunted;
b)
the Chief Wild Life Warden or the authorised officer may, if he is satisfied
that any wild animal specified in Schedule II, Schedule III, or Schedule
IV has become dangerous to human life or to property (including standing
crops on any land) or is so disabled or diseased as to be beyond recovery,
by order in writing and stating the reasons therefor, permit any person
to hunt such animal or cause such animal to be hunted.
(2)
The killing or wounding in good faith of any wild animal in defence
of oneself or of any other person shall not be an offence;
Provided
that nothing in this sub-section shall exonerate any person who, when
such defence becomes necessary, was committing any act in contravention
of any provision of this Act or any rule or order made thereunder.
(3)
Any wild animal killed or wounded in defence of any person shall be
Government property.
12.
Grant of permit for special purposes. - Notwithstanding
anything contained elsewhere in this Act, it shall be lawful for the
Chief Wild Life Warden, to grant (23)[***]
a permit, by an order in writing stating the reasons therefor, to any
person, on payment of such fee as may be prescribed, which shall entitle
the holder of such permit to hunt subject to such conditions as may
be specified therein, any wild animal specified in such permit, for
the purpose of,_
(a)
education;(24)[(b) scientific
research;
(bb)
scientific Management.
Explanation
- For the purposes of clause (bb), the expression, "Scientific
Management" means -
- translocation
of any wild animal to an alternative suitable habitat; or
- population
management of wildlife without killing or poisoning or destroying
any wild animals;
(25)[(c)collection
of specimens -
(i)
for recognised zoos subject to the permission under section 381; or
(ii)
for museums and similar institutions;
(d)
derivation, collection or preparation of snake-venom for the manufacture
of life-saving drugs;(26)[(Provided
that no such permit shall be granted -
- in respect
of any wild animal specified in Schedule I, except with the prior
permission of the Central Government, and
- in respect
of any other wild animal, except with the previous permission of the
State Government.]
(27)[***]
(28)[CHAPTER III A
PROTECTION
OF SPECIFIED PLANTS
17A.
Prohibition of picking, uprooting, etc. of specified plant. -
Save as otherwise provided in this Chapter, no person shall -
- wilfully
pick, uproot, damage, destroy, acquire or collect any specified plant
from any forest land and any area specified, by notification, by the
Central Government.
- possess,
sell, offer for sale, or transfer by way of gift or otherwise, or
transport any specified plant, whether alive or dead, or part or derivative
thereof:
Provided
that nothing in this section shall prevent a member of a scheduled tribe,
subject to the provisions of Chapter IV, from picking, collecting or
possessing in the district he resides any specified plant or part or
derivative thereof for his bona fide personal use.
17B.
Grants of permit for special purposes. - The Chief
Wild Life Warden may, with the previous permission of the State Government,
grant to any person a permit to pick, uproot, acquire or collect from
a forest land or the area specified under section 17 A or transport,
subject to such conditions as may be specified therein, any specified
plant for the purpose of -
a)
education;
b)
scientific research;
c)
collection, preservation and display in a herbarium of any scientific
institution; or
- propagation
by a person or an institution approved by the Central Government in
this regard.
17C.
Cultivation of specified plants without licence prohibited.
- (1) No person shall cultivate a specified plant except under
and in accordance with a licence granted by the Chief Wild Life Warden
or any other officer authorised by the State Government in this behalf;
Provided
that nothing in this section shall prevent a person, who immediately
before the commencement of the Wild Life (Protection) (Amendment) Act,
1991, was cultivating a specified plant from carrying on such cultivation
for a period of six months from such commencement or where he has made
an application within that period for the grant of a licence to him,
until the licence is granted to him or he is informed in writing that
a licence cannot be granted to him.
(2)
Every licence granted under this section shall specify the area in which
and the conditions, if any, subject to which the licensee shall cultivate
a specified plant.
17D.
Dealing in specified plants without licence prohibited.
- (1) No person shall, except under and in accordance with a licence
granted by the Chief Wild Life Warden or any other officer authorised
by the State Government in this behalf, commence or carry on business
or occupation as a dealer in a specified plant or part or derivate thereof:
Provided
that nothing in this section shall prevent a person, who, immediately
before the commencement of the Wild Life (Protection) (Amendment) Act,
1991, was carrying on such business or occupation, from carrying on
such business or occupation for a period of sixty days from such commencement,
or where he has made an application within that period for the grant
of a licence to him, until the licence is granted to him or he is informed
in writing that a licence cannot be granted to him.
(2)
Every licence granted under this section shall specify the premises
in which and the conditions, if any, subject to which the licensee shall
carry on his business.
17E.
Declaration of stock. - (1) Every person cultivating,
or dealing in, a specified plant or part or derivative thereof shall,
within thirty days from the date of commencement of the Wild Life (Protection)
(Amendment) Act, 1991 declare to the Chief Wild Life Warden or any other
officer authorised by the State Government in this behalf, his stocks
of such plants and part or derivative thereof, as the case may be, on
the date of such commencement.
(2)
The provisions of sub-sections (3) to (8) (both inclusive) of section
44, section 45, section 46 and section 47 shall, as far as may be, apply
in relation to an application and a licence referred to in section 17C
and section 17D as they apply in relation to the licence or business
in animals or animal articles.
17F.
Possession, etc., of plants by licensee. - No licensee
under this Chapter shall_
a)
keep in his control, custody or possession-
(i)
any specified plant, or part or derivative thereof in respect of which
a declaration under the provisions of section 17E has to be made but
has not been made;
(ii)
any specified plant, or part or derivative thereof which has not been
lawfully acquired under the provisions of this Act or any rule or order
made thereunder;
b)
(i) pick, uproot, collect or acquire any specified plant, or
(ii)
acquire, receive, keep in his control, custody or possession, or sell,
offer for sale or transport any specified plant or part or derivative
thereof,
except
in accordance with the conditions subject to which the licence has been
granted and such rules as may be made under this Act.
17G.
Purchase, etc., of specified plants. - No person shall
purchase, receive or acquire any
specified
plant or part or derivative thereof otherwise than from a licensed dealer:
Provided
that nothing in this section shall apply to any person referred to in
section 17B.
17H.
Plants to be Government property. - (1) Every specified
plant or part or derivative thereof, in respect of which any offence
against this Act or any rule or order made thereunder has been committed,
shall be the property of the State Government, and, where such plant
or part or derivative thereof has been collected or acquired from a
sanctuary or National Park declared by the Central Government, such
plant or part or derivative thereof shall be the property of the Central
Government.
(2)The
provisions of sub-sections (2) and (3) of section 39 shall, as far as
may be, apply in relation to the specified plant or part or derivative
thereof or they apply in relation to wild animals and articles referred
to in sub-section (1) of that section.]
CHAPTER
IV
SANCTUARIES,
NATIONAL PARKS (29)[***] AND CLOSED
AREAS
Sanctuaries
18.
Declaration of sanctuary. - (30)[(1)
The State Government may, by notification, declare its intention to
constitute any area other than an area comprised within any reserve
forest or the territorial waters as a sanctuary if it considers that
such area is of adequate ecological, faunal, floral, geomorphological,
natural or zoological significance, for the purpose of protecting, propagating
or developing wild life or its environment.]
- The
notification referred to in sub-section (1) shall specify, as nearly
as possible, the situation and limits of such area.
Explanation
- For the purposes of this section it shall be sufficient to describe
the area by roads, rivers, ridges or other well-known or readily intelligible
boundaries.
19.
Collector to determine rights. - (31)[When
a notification has been issued under section 18] the collector shall
inquire into, and determine, the existence, nature and extent of the
rights of any person in or over the land comprised within the limits
of the sanctuary.
20.
Bar of accrual of rights. - After the issue of a notification
under section 18, no right shall be acquired in, on or over the land
comprised within the limits of the area specified in such notification,
except by succession, testamentary or intestate.
21.
Proclamation by Collector. - When a notification has
been issued under section 18, the Collector shall publish in the regional
language in every town and village in or in the neighbourhood of the
area comprised therein, a proclamation _
(32)[c)
allow, in consultation with the Chief Wild Life Warden, the continuation
of any right of any person in or over any land within the limits of
the sanctuary.]
25.
Acquisition proceedings. - (1) For the purpose of acquiring
such land, or rights in or over such land, _
- the
Collector shall be deemed to be a Collector, proceeding under the
Land Acquisition Act, 1894;
- the
claimant shall be deemed to be a person interested and appearing before
him in pursuance of a notice given under section 9 of that Act;
- the
provisions of the sections, preceding section 9 of that Act, shall
be deemed to have been complied with;
- where
the claimant does not accept the award made in his favour in the matter
of compensation, he shall be deemed, within the meaning of section
18 of the Act, to be a person interested who has not accepted the
award, and shall be entitled to proceed to claim relief against the
award under the provisions of Part III of that Act;
- the
Collector, with the consent of the claimant, or the court, with the
consent of both the parties, may award compensation in land or money
or partly in land and partly in money; and
- in the
case of the stoppage of a public way or a common pasture, the Collector
may, with the previous sanction of the State Government, provide for
an alternative public way or common pasture, as far as may be practicable
or convenient.
- The
acquisition under this Act of any land or interest therein shall be
deemed to be acquisition for a public purpose.
26.
Delegation of Collector's powers. - The State Government
may, by general or special order, direct that the powers exercisable
or the functions to be performed by the Collector under sections 19
to 25 (both inclusive ) may be exercised and performed by such other
officer as may be specified in the order.
(33)[26A.
Declaration of area as sanctuary, - (1) When.
- a notification
has been issued under section 18 and the period for preferring claims
has elapsed, and all claims, if any, made in relation to any land
in an area intended to be declared as a sanctuary, have been disposed
of by the State Government; or
- any
area comprised within any reserve forest or any part of the territorial
waters, which is considered by the State Government to be of adequate
ecological, faunal, floral, geomorphological, natural or zoological
significance for the purpose of protecting, propagating or developing
wild life or its environment, is to be included in a sanctuary,
the
State Government shall issue a notification specifying the limits of
the area which shall be comprised within the sanctuary and declare that
the said area shall be sanctuary on and from such date as may be specified
in the notification;
Provided
that where any part of the territorial waters is to be so included,
prior concurrence of the Central Government shall be obtained by the
State Government:
Provided
further that the limits of the area of the territorial waters to be
included in the sanctuary shall be determined in consultation with the
Chief Naval Hydrographer of the Central Government and after taking
adequate measures to protect the occupational interests of the local
fishermen.
- Notwithstanding
anything contained in sub-section(1), the right of innocent passage
of any vessel or boat through the territorial waters shall not be
affected by the notification issued under sub-section(1).
- No alteration
of the boundaries of a sanctuary shall be made except on a resolution
passed by the Legislature of the State.]
27.
Restriction on entry in sanctuary, - (1) No person
other than,-
a)a
public servant on duty,
b)a
person who has been permitted by the Chief Wild Life Warden or the authorised
officer to reside within the limits of the sanctuary,
c)a
person who has any right over immovable property within the limits of
the sanctuary,
d)a
person passing through the sanctuary along a public highway, and
e)the
dependants of the person referred to in clause (a), clause (b) or clause
(c).
shall
enter or reside in the sanctuary, except under and in accordance with
the conditions of
a
permit granted under section 28.
(2)Every
person shall, so long as he resides in the sanctuary, be bound -
a)to
prevent 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 has
been committed in such sanctuary, to help in discovering and arresting
the offender;
c)to
report the death of any wild animal and to safeguard its remains until
the Chief Wild Life Warden or the authorised officer takes charge thereof;
d)to
extinguish any fire in such sanctuary of which he has knowledge or information
and to prevent from spreading, by any lawful means in his power, any
fire within the vicinity of such sanctuary of which he has knowledge
or information; and
e)to
assist any Forest Officer, Chief Wild Life Warden, Wild Life Warden
or Police Officer demanding his aid for preventing the commission of
any offence against this Act or in the investigation of any such offence.(34)[(3)No
person shall, with intent to cause damage to any boundary-mark of a
sanctuary or to cause wrongful gain as defined in the Indian Penal Code,
1860 (45 of 1860), alter, destroy, move or deface such boundary-mark.
(4)No
person shall tease or molest any wild animal or litter the grounds of
sanctuary.]
28.
Grant of 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 any of the following purposes, namely:-
a)investigation
or study of wild life and purposes ancillary or incidental thereto;
b)photography;
c)scientific
research;
d)tourism;
e)transaction
of lawful business with any person residing in the sanctuary.
(2)A
permit to enter or reside in a sanctuary shall be issued subject to
such conditions and on payment of such fee as may be prescribed.(35)[29.
Destruction, etc., in a sanctuary prohibited without permit. - No person
shall destroy, exploit or remove any wild life from a sanctuary or destroy
or damage the habitat of any wild animal or deprive any wild animal
of its habitat within such sanctuary except under and in accordance
with a permit granted by the Chief Wild Life Warden and no such permit
shall be granted unless the State Government, being satisfied that such
destruction, exploitation or removal of wild life from the sanctuary
is necessary for the improvement and better management of wild life
therein, authorises the issue of such permit.
Explanation
- For the purposes of this section, grazing or movement of live-stock
permitted under clause (d) of section 33 shall not be deemed to be an
act prohibited under this section.]
30.
Causing fire prohibited, - No person shall set fire
to a sanctuary, or kindle any fire, or leave any fire burning, in a
sanctuary, in such manner as to endanger such sanctuary.
31.
Prohibition of entry into sanctuary with weapon. -
No person shall enter a sanctuary with any weapon except with the previous
permission in writing of the Chief Wild Life Warden or the authorised
officer.
32.
Ban on use of injurious substances. - No person shall
use, in a sanctuary, chemicals, explosives or any other substances which
may cause injury to or endanger, any wild life in such sanctuary.
33.
Control of sanctuaries. - The Chief Wild Life Warden
shall be the authority who shall control, manage and maintain all sanctuaries
and for that purpose, within the limits of any sanctuary,_
a)may
construct such roads, bridges, buildings, fences or barrier gates, and
carry-out such other works as he may consider necessary for the purposes
of such sanctuary;
b)shall
take such steps as will ensure the security of wild animals in the sanctuary
and the preservation of the sanctuary and wild life, as he may consider
necessary for the improvement of any habitat;
c)may
take such measures, in the interests of wild life, as he may consider
necessary for the improvement of any habitat;
d)may
regulate, control or prohibit, in keeping with the interests of wild
life, the grazing or movement of (36)[live-stock.](37)[***]
(38)[33A. Immunisation of live-stock.
- (1) The Chief Wild Life Warden shall take such measures in such manner,
as may be prescribed, for immunisation against communicable diseases
of the live-stock kept in or within five kilometres of a sanctuary.
(2)No
person shall take, or cause, to be taken or grazed, any live-stock in
a sanctuary without getting it immunised.
34.
Registration of certain persons in possession of arms.
- (1) Within three months from the declaration of any area as a sanctuary,
every person residing in or within ten kilometres of any such sanctuary
and holding a licence granted under the Arms Act, 1959 (54 of 1959),
for the possession of arms or exempted from the provisions of that Act
and possessing arms, shall apply in such form, on payment of such fee
and within such time as may be prescribed, to the Chief Wild Life Warden
or the authorised officer, for the registration of his name.
(2)On
receipt of an application under sub-section (1), the Chief Wild Life
Warden or the authorised officer shall register the name of the applicant
in such manner as may be prescribed.
(39)[(3)No
new licences under the Arms Act, 1959 (54 of 1959) shall be granted
within a radius of ten kilometres of a sanctuary without the prior concurrence
of the Chief Wild Life Warden.]
NATIONAL
PARKS
35.
Declaration of National Parks. - (1) Whenever it appears
to the State Government that an area, whether within a sanctuary or
not, is, by reason of its ecological, faunal, floral, geomorphological
or zoological association or importance, needed to be constituted as
a National Park for the purpose of protecting, propagating or developing
wild life therein or its environment, it may, by notification, declare
its intention to constitute such area as a National Park
.(40)[Provided
that where any part of the territorial waters is proposed to be included
in such National Park, the provisions of section 26A shall, as far as
may be, apply in relation to the declaration of a National Park as they
apply in relation to the declaration of a sanctuary.]
(2)
The notification referred to in sub-section (1) shall define the limits
of the area which is intended to be declared as a National Park.
(3)
Where any area is intended to be declared as a National Park, the provisions
of sections (41)[(19 to 26 A (both inclusive
except clause (c) of sub-section (2) of section 24)] shall, as far as
may be, apply to the investigation and determination of claims, and
extinguishment of rights, in relation to any land in such area as they
apply to the said matters in relation to any land in a sanctuary.
(4)When
the following events have occurred, namely:-
(a)the
period for preferring claims has elapsed, and all claims, if any, made
in relation to any land in an area intended to be declared as a National
Park, have been disposed of by the State Government, and
(b)all
rights in respect of lands proposed to be included in the National Park
have become vested in the State Government,
the
State Government shall publish a notification specifying the limits
of the area which are to be comprised within the National Park and declare
that the said area shall be a National Park on and from such date as
may be specified in the notification.
(5)No
alteration of the boundaries of a National Park shall be made except
on the resolution passed by the Legislature of the State.
(6)No
person shall destroy, exploit or remove any wild life from a National
Park or destroy or damage the habitat of any wild animal or deprive
any wild animal of its habitat within such National Park except under
and in accordance with a permit granted by the Chief Wild Life Warden
and no such permit shall be granted unless the State Government, being
satisfied that such destruction, exploitation or removal of wild life
from the National Park is necessary for the improvement and better management
of wild life therein, authorises the issue of such permit.
(7)No
grazing of any (42)[live-stock] shall
be permitted in a National Park and no 42[live-stock] shall be allowed
to enter therein except where such 42[live-stock] is used as a vehicle
by a person authorised to enter such National Park.
(8)The
provisions of sections 27 and 28, sections 30 to 32 (both inclusive),
and clauses (a), (b) and (c) of 42[section 33, section 33A] and section
34 shall, as far as may be apply in relation to a National Park as they
apply in relation to a sanctuary.(43)[***]
Closed
Area
37.
Declaration of closed area. - (1) The State Government
may, by notification, declare any area closed to hunting for such period
as may be specified in the notification.
(2)
No hunting of any wild animal shall be permitted in a closed area during
the period specified in the notification referred to in sub-section
(1).
Sanctuaries
or National Parks declared by Central Government
38.
Power of Central Government to declare areas as sanctuaries
or National Parks. - (1) Where the State Government leases
or otherwise transfers any area under its control, not being an area
within a sanctuary, to the Central Government , the Central Government
may, if it is satisfied that the conditions specified in section 18
are fulfilled in relation to the area so transferred to it, declare
such area, by notification, to be a sanctuary and the provisions of
(44)[sections 18 to 35] (both inclusive),
54 and 55 shall apply in relation to such sanctuary as they apply in
relation to a sanctuary declared by the State Government.
(2)The
Central Government may, if it is satisfied that the conditions specified
in section 35 are fulfilled in relation to any area referred to in sub-section
(1), whether or not such area has been declared, to be a sanctuary by
the Central Government or the State Government, declare such area, by
notification, to be a National Park and the provisions of sections 35,
54 and 55 shall apply in relation to such National Park as they apply
in relation to a National Park declared by the State Government.
(3)
In relation to a sanctuary or National Park declared by the Central
Government, the powers and duties of the Chief Wild Life Warden under
the sections referred to in sub-sections (1) and (2), shall be exercised
and discharged by the Director or by such other officer as may be authorised
by the Director in this behalf and references, in the sections aforesaid,
in the State Government shall be construed as references to the Central
Government and reference therein to the Legislature of the State shall
be construed as a reference to Parliament.
(45)[CHAPTER
IV A
CENTRAL
ZOO AUTHORITY AND RECOGNITION OF ZOOS
38A.
Constitution of Central Zoo Authority. - (1) The Central
Government shall constitute a body to be known as the Central Zoo Authority
(hereinafter in this Chapter referred to as the Authority), to exercise
the powers conferred on, and to perform the functions assigned to it
under this Act.
(2)
The Authority shall consist of_
a)
chairperson;
b)
such number of members not exceeding ten; and
c)
member-secretary,
to
be appointed by the Central Government.
38B.
Term of office and conditions of service of Chairperson and
members, etc. - (1) The chairperson and every member shall
hold office for such period, not exceeding three years, as may be specified
by the Central Government in this behalf.
(2)
The chairperson or a member may by writing under his hand addressed
to the Central Government, resign from the office of chairperson, or,
as the case may be, of the member.
(3)
The Central Government shall remove a person from the office of chairperson
or member referred to in sub-section (2) if that person -
a)becomes
an undischarged insolvent;
b)gets
convicted and sentenced to imprisonment for an offence which in the
opinion of the Central Government involves moral turpitude;
c)becomes
of 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 three
consecutive meetings of the Authority; or
f)in
the opinion of the Central Government has so abused the position of
chairperson or member as to render that person's continuance in office
detrimental to the public interest:
Provided
that no person shall be removed under this clause unless that person
has been given a reasonable opportunity of being heard in the matter.
(4)A
vacancy caused under sub-section (2) or otherwise shall be filled by
fresh appointment.
(5)The
salaries and allowances and other conditions of appointment of chairperson,
members and member-secretary of the Authority shall be such as may be
prescribed.
(6)The
Authority shall, with the previous sanction of the Central Government,
employ such officers and other employees as it deems necessary to carry
out the purposes of the Authority.
(7)The
terms and conditions of service of the officers and other employees
of the Authority shall be such as may be prescribed.
(8)No
act or proceeding of the Authority shall be questioned or shall be invalid
on the ground merely of the existence of any vacancies or defect in
the constitution of the Authority.
38C.
Functions of the Authority. - The Authority shall perform
the following functions, namely:
a)specify
the minimum standards for housing, upkeep and veterinary care of the
animals kept in a zoo.
b)evaluate
and assess the functioning of zoos with respect to the standards or
the norms as may be prescribed;
c)recognise
or derecognise zoos;
d)identify
endangered species of wild animals for purposese of captive breeding
and assigning responsibility in this regard to a zoo;
e)co-ordinate
the acquisition, exchange and loaning of animals for breeding purposes;
f)ensure
maintenance of study books of endangered species of wild animals bred
in captivity;
g)identify
priorities and themes with regard to display of captive animals in a
zoo;
h)co-ordinate
training of zoo personnel in India and outside India.
i)co-ordinate
research in captive breeding and educational programmes for the purpoes
of zoos;
j)provide
technical and other assistance to zoos for their proper management and
development on scientific lines;
k)perform
such other functions as may be necessary to carry out the purposes of
this Act with regard to zoos.
38D.
Procedure to be regulated by the Authority. - (1) The
Authority shall meet as and when necessary and shall meet at such time
and place as the chairperson may think fit.
(2)
The Authority shall regulate its own procedure.
(3)
All orders and decisions of the Authority shall be authenticated by
the Member-Secretary or any other officer of the Authority duly authorised
by the Member-Secretary in this behalf.
38E.
Grants and loans to Authority and Constitution of Fund.
- (1) The Central Government may, after due appropriation made by Parliament
by law in this behalf, make to the Authority grants and loans of such
sums of money as that Government may consider necessary.
(2)
There shall be constituted a Fund to be called the Central Zoo Authority
Fund and there shall be credited thereto any grants and loans made to
the Authority by the Central Government, all fees and charges received
by the Authority under this Act and all sums received by the Authority
from such other sources as may be decided upon by the Central Government.
(3)
The Fund referred to in sub-section (2) shall be applied for meeting
salary, allowances and other remuneration of the members, officers and
other employees of the Authority and the expenses of the Authority in
the discharge of its functions under this Chapter and expenses on objects
and for purposes authorised by this Act.
(4)
The Authority shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts in such form as may be prescribed
by the Central Government in consultation with the Comptroller and Auditor-General
of India.
(5)
The accounts of the Authority shall be audited by the Comptroller and
Auditor-General at such intervals as may be specified by him and any
expenditure incurred in connection with such audit shall be payable
by the Authority to the Comptroller and Auditor-General.
(6)
The Comptroller and Auditor-General and any person appointed by him
in connection with the audit of the accounts of the Authority under
this Act shall have the same rights and privileges and the authority
in connection with such audit as the Comptroller and Auditor-General
genrally has in connection with the audit of the Government accounts
and, in particular, shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers and
to inspect any of the offices of the Authority.
(7)
The accounts of the Authority, as certified by the Comptroller and Auditor-General
or any other person appointed by him in this behalf, together with the
audit report thereon, shall be forwarded annually to the Central Government
by the Authority.
38F.
Annual report. - The Authority shall prepare in such
form and at such time, for each financial year, as may be prescribed,
its annual report, giving a full account of its activities during the
previous financial year and forward a copy thereof to the Central Government.
38G.
Annual Report and audit report to be laid before Parliament.
- The Central Government shall cause the annual report together with
a memorandum of action taken on the recommendations contained therein,
in so far as they relate to the Central Government, and the reasons
for the non-acceptance, if any, or any of such recommendations and the
audit report to be laid as soon as may be after the reports are received
before each House of Parliament.
38H.
Recognition of zoos. - (1) No zoo shall be operated
without being recognised by the Authority:
Provided
that a zoo being operated immediately before the date of commencement
of the Wild Life (Protection) (Amendment) Act, 1991 may continue to
operate without being recognised for a period of (46)[eighteen
months from the date of such commencement] and if the application seeking
recognition is made within that period, the zoo may continue to be operated
until the said application is finally decided or withdrawn and in case
of refusal for a further period of six months from the date of such
refusal.
(2)
Every application for recognition of a zoo shall be made to the Authority
in such form and on payment of such fee as may be prescribed.
(3)
Every recognition shall specify the conditions, if any, subject to which
the applicant shall operate the zoo.
(4)
No recognition to a zoo shall be granted unless the Authority, having
due regard to the interests of protection and conservation of wild life,
and such standards, norms and other matters as may be prescribed, is
satisfied that recognition should be granted.
(5)
No application for recognition of a zoo shall be rejected unless the
applicant has been given a reasonable opportunity of being heard.
(6)
The Authority may, for reasons to be recorded by it, suspend or cancel
any recognition granted under sub-section (4):
Provided
that no such suspension or cancellation shall be made except after giving
the person operating the zoo a reasonable opportunity of being heard.
(7)
An appeal 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)
An appeal under sub-section (7) shall be preferred within thirty days
from the date of communication to the applicant of the order appealed
against:
Provided
that the Central Government may admit any appeal preferred after the
expiry of the period aforesaid if it is satisfied that the appellant
had sufficient cause for not preferring the appeal in time.
38
I. Acquisition of animals by a zoo. - Subject to the
other provisions of this Act no zoo shall acquire or transfer any wild
animal specified in Schedule I and Schedule II except with the previous
permission of the Authority.
38J.
Prohibition of teasing, etc., in a zoo. - No person
shall tease, molest, injure or feed any animal or cause disturbance
to the animals by noise or otherwise or litter the grounds in a zoo.]
CHAPTER
V
TRADE
OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES
39.
Wild animals, 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 (47)red
in captivity or hunted] in contravention of any provision of this Act
or any rule or order made thereunder or found dead, or killed by (48)[***]mistake;
and
- animal
article, trophy or uncured trophy or meat derived from any wild animal
referred to in clause (a) in respect of which any offence against
this Act or any rule or order made thereunder has been committed;
(49)[c)ivory
imported into India and an article made from such ivory in respect of
which any offence against this Act or any rule or order made thereunder
has been committed;
d)
vehicle, vessel, weapon, trap or tool that has been used for committing
an offence and has been seized under the provisions of this Act,]
shall
be the property of the State Government, and, where such animal is hunted
in a sanctuary or National Park declared by the Central Government,
such animal or any animal article, trophy, uncured trophy or meat (50)[derived
from such animal, or any vehicle, vessel, weapon, trap or tool used
in such hunting] shall be the property of the Central Government.
- Any
person who obtains, by any means, the possession of Government property,
shall, within forty-eight hours from obtaining such possession, make
a report as to the obtaining of such possession to the nearest police
station or the authorised officer and shall, if so requird, hand over
such property to the officer-in-charge of such police station or such
authorised officer, as the case may be.
- No person
shall, without the previous permission in writing of the Chief Wild
Life Warden 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,
such
Government property.
40.
Declarations. - (1) Every person having at the commencement
of this Act the control, custody or possession of any captive animal
specified in Schedule I or Part II of Schedule II, or any uncured trophy
derived from such animal or salted or dried skins of such animal or
the musk of a musk deer or the horn of a rhinoceros, shall, within thirty
days from the commencement of this Act, declare to the Chief Wild Life
Warden or the authorised officer the number and description of the animal,
or article of the foregoing description under his control, custody or
possession and the place where such animal or article is kept.
(2)
No person shall, after the commencement of this Act, acquire, receive,
keep in his control, custody or possession, sell, offer for sale or
otherwise transfer or transport any animal specified in Schedule I or
Part II of Schedule II or any uncured trophy or meat derived from such
animal, or the salted or dried skins of such animal or the musk of a
musk deer or the horn of a rhinoceros, except with the previous permission
in writing of the Chief Wild Life Warden or the authorised officer.
(51)[(3)Nothing
in sub-section (1) or sub-section (2) shall apply to a recognised zoo
subject to the provisions of section 381 or to a public museum.]
(4)
The State Government may, by notification, require any person to declare
to the Chief 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 dried skins derived from an animal specified in Schedule
I or Part II of Schedule II in his control, custody or possession in
such form, in such manner, and within such time, as may be prescribed.
41.
Inquiry and preparation of inventories. - (1) On receipt of
a declaration made under section 40, the Chief Wild Life Warden or the
authorised officer may, after such notice, in such manner and at such
time, as may be prescribed,
- enter
upon the premisese of a person referred to in section 40;
- make
inquiries and prepare inventories of animal articles, trophies, uncured
trophies, salted and dried skins and captive animals specified in
Schedule I and Part II of Schedule II and found thereon; and
- affix
upon the animals, animal articles, trophies or uncured trophies identification
marks in such manner as may be prescribed.
- No person
shall obliterate or counterfeit any identification mark referred to
in this Chapter.
42.
Certificate of ownership. - The Chief Wild Life Warden
may, for the purposes of section 40, issue a certificate of ownership
in such form, as may be prescribed, to any person who, in his opinion,
is in lawful possession of any wild animal or any animal article, trophy
uncured trophy and may, where possible, mark, in the prescribed manner,
such animal article, trophy or uncured trophy for purposes of identification.
43.
Regulation of transfer of animal, etc. - (1) Subject
to the provisions of sub-section (2), sub-section (3) and sub-section
(4), a person (other than a dealer) who does not possess a certificate
of ownership shall not-
- sell
or offer for sale or transfer whether by way of sale, gift or otherwise,
any wild animal specified in Schedule I or Part II of Schedule II
or any captive animal belonging to that category or any animal article,
trophy, uncured trophy or meat derived therefrom;
b)
make animal articles containing part or whole of such animal;
c)
put under a process of taxidermy an uncured trophy of such animal,
except
with the previous permission in writing of the Chief Wild Life Warden
or the authorised officer.
- Where
a person transfers or transports from the State in which he resides
to another State or acquires by transfer from outside the State any
such animal, animal article, trophy or uncured trophy as is referred
to in sub-section (1) in respect of which he has a certificate of
ownership, he shall, within thirty days of the transfer or transport,
report the transfer or transport to the Chief Wild Life Warden or
the authorised officer within whose jurisdiction the transfer or transport
is effected.
- No person
who does not possess a certificate of ownership shall transfer or
transport from one State to another State or acquire by transfer from
outside the State any such animal, animal article, trophy or uncured
trophy as is referred to in sub-section(1) except with the previous
permission in writing of the Chief Wild Life Warden or the authorised
officer within whose jurisdiction the transfer or transport is to
be effected.
- Before
granting any permission under sub-section (1) or sub-section (3),
the Chief Wild Life Warden or the authorised officer shall satisfy
himself that the animal or article referred to therein has been lawfully
acquired.
- While
permitting the transfer or transport of any animal, animal article,
trophy or uncured trophy, as is referred to in sub-section (1), the
Chief Wild Life Warden or the authorised officer -
a)shall
issue a certificate of ownership after such inquiry as he may deem fit;
b)shall,
where the certificate of ownership existed in the name of the previous
owner, issue a fresh certificate of ownership in the name of the person
to whom the transfer has been effected;
c)may
affix an identification mark on any such animal, animal article, trophy
or uncured trophy.
(6)Nothing
in this section shall apply -
(52)[(a)to
tail feather of peacock and the animal articles or trophies made therefrom;]
52[(b)to
any transaction entered into by a recognised zoo subject to the provisions
of section 38 I or by a public museum with any other recognised zoo
or public museum.
44.
Dealings in trophy and animal articles without licence prohibited.
- (1) (53)[Subject to the provisions
of Chapter VA, no person shall, except under, and in accordance with,
licence granted under sub-section (4)]-
(a)commence
or carry on the business as -
(i)a
manufacturer of or dealer in, any animal article; or(54)[***]
(ii)a
taxidermist; or
(iii)a
dealer in trophy or uncured trophy; or
(iv)a
dealer in captive animals; or
(v)a
dealer in meat; or
(b)cook
or serve meat in any eating-house;(55)[(c)derive,
collect or prepare, or deal in, snake venom:]
Provided
that nothing in this sub-section shall prevent a person, who immediately
before the commencement of this Act was carrying on the business or
occupation specified in this sub-section, from carrying on such business
or occupation for a period of thirty days from such commencement, or
where he has made an application within that period for the grant of
a licence to him, until the licence is granted to him or he is informed
in writing that a licence cannot be granted to him:(56)
[Provided
further that nothing in this sub-section shall apply to the dealers
in tail feathers of peacock and articles made therefrom and the manufacturers
of such articles.]
Explanation.
- For the purposes of this section, "eating -house" includes
a hotel, 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 included in the amount charged for board and lodging.
(2)Every
manufacturer of, or dealer in, animal article, or every dealer in captive
animals, trophies or uncured trophies, or every taxidermist shall, within
fifteen days from the commencement of this Act, declare to the Chief
Wild Life Warden his stocks of animals articles captive animals, trophies
and uncured trophies as the case may be as on the date of such declaration
and the Chief Wild Life Warden or the authorised officer may place an
identification mark on every animal article, captive animal trophy or
uncured trophy as the case may be.
(3)Every
person referred to in sub-section (1) who intends to obtain a licence,
shall (57)[***]make an application to
the Chief Wild 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 such form
and on payment of such fee as may be prescribed to the Chief Wild Life
Warden or the authorised officer.
(58)[(b)No
licence referred to in sub-section (1) shall be granted unless the Chief
Wild Life Warden, or the authorised officer having regard to antecedents
and previous experience of the applicant, the implication which the
grant of such licence would have in the status of wildlife to such other
matters as may be prescribed in this behalf and after making such inquiry
in respect of those matters as he may think fit, is satisfied that the
licence should be granted.]
(5)Every
licence granted under this section shall specify the premises in which
and the conditions, if any subject to which the licensee shall carry
on his business.
(6)Every
licence granted under this section shall -
a)be
valid for one year from the date of its grant;
b)not
be transferable; and
c)be
renewable for a period not exceeding one year at a time.
(7)No
application for the renewal of a licence shall be rejected unless the
holder of such licence has been given a reasonable opportunity of presenting
his case and unless the Chief Wild Life Warden or the authorised officer
is satisfied that-
(i)the
application for such renewal has been made after the expiry of the period
specified therefor, or
(ii)any
statement made by the applicant at the time of the grant or renewal
of the licence was incorrect or false in material particulars, or
(iii)the
applicant has contravened any term or condition of the licence or any
provision 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 a licence shall be made in writing.
(9)Nothing
in the foregoing sub-sections shall apply in relation to vermin.
45.
Suspension or cancellation of licences. - Subject to
any general or special order of the State Government, the Chief Wild
Life Warden or the authorised officer may, for reasons to be recorded
by him in writing, suspend or cancel any licence granted or renewed
under section 44:
Provided
that no such suspension or cancellation shall be made except after giving
the holder of the licence a reasonable opportunity of being heard.
46.
Appeal. - (1) An appeal from an order refusing to grant
or renew a licence under section 44 or an order suspending or cancelling
a licence under section 45 shal lie_
(a)if
the order is made by the authorised officer, to the Chief Wild Life
Warden; or
(b)if
the order is made by the Chief Wild Life Warden, to the State Government.
(2)In
the case of an order passed in appeal by the Chief Wild Life Warden
under clause (a) of sub section (1), a second appeal shall lie to the
State Government.
(3)Subject
as aforesaid, every order passed in appeal under this section shall
be final.
(4)An
appeal under this section shall be preferred within thirty days from
the date of communication, to the applicant, of the order appealed against:
Provided
that the appellate authority may admit any appeal preferred after the
expiry of the period aforesaid if it is satisfied that the appellant
had sufficient cause for not preferring the appeal in time.
47.
Maintenance of records. - A licensee under this Chapter
shall -
(a)keep
records, and submit such returns of his dealings, as may be prescribed.
-
(i)to
the Director or any other officer authorised by him in this behalf,
and
(ii)
to the Chief Wild Life Warden or the authorised officer; and
(b)make
such records available on demand for inspection by such officers.
48.
Purchase of animal, etc., by licensee. - No licensee
under this Chapter shall-
(a)keep
in his control, custody or possesion, -
(i)any
animal, animal articles, trophy or uncured trophy in respect of which
a declaration under the provisions of sub-section (2) of section 44
has to be made but has not been made;
(ii)any
animal or animal article, trophy, uncured trophy or meat which has not
been lawfully acquired under the provisions of this Act or any rule
or order made thereunder;
(b)(i)capture
any wild animal, or
(ii)acquire,
receive, keep in his control, custody or possession, or sell, offer
for sale or transport, any captive animal specified in Schedule I or
Part II of Schedule II or any animal article, trophy, uncured trophy
or meat derived therefrom or serve such meat, or put under a process
of taxidermy or make animal article containing part or whole of such
animal,
except
in accordance with such rules as may be made under this Act:
Provided
that where the acquisition or possesion, control or custody of such
animal or animal article, trophy or uncured trophy entails the transfer
or transport from one State to another, no such transfer or transport
shall be effected except with the previous permission in writing of
the Director or any other officer authorised by him in this behalf:
Provided
further that no such permission under the foregoing proviso shall be
granted unless the Director or the officer authorised by him is satisfied
that the animal or article aforesaid has been lawfuly acquired.
(59)[48
A. Restriction on transportation of wild life. - No person shall accept
any wild animal (other than vermin), or any animal article, or any specified
plant or part or derivative thereof, for transportation except after
exercising due care to ascertain that permission from the Chief Wild
Life Warden or any other officer authrised by the State Government in
this behalf has been obtained for such transportation.]
49.
Purchase of captive animal, etc, by a person other than a licensee.
- No person shall purchase, receive or acquire any captive animal, wild
animal, other than vermin, or any animal article, trophy, uncured trophy
or meat derived therefrom otherwise than from a dealer or from a person
authorised to sell or otherwise transfer the same under this Act;
(60)[Provided
that nothing in this section shall apply to a recognised zoo subject
to the provisions of section 381 or to public museum.]
(61)[CHAPTER
V A
PROHIBITION
OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC. DERIVED FROM
CERTAIN ANIMALS
49
A. Definitions - In this Chapter, -
(a)"scheduled
animal" means an animal specified for the time being in Schedule
I or Part II of Schedule II;
(b)"scheduled
animal article" means an article made from any scheduled animal
and includes an article or object in which the whole or any part of
such animal (62)[has been used but does
not include tail feather of peacock, an article or trophy made therefrom
and snake venom or its derivative;]
(c)"specified
date" means -
(i)in
relation to a scheduled animal on the commencement of the Wild Life
(Protection) (Amendment) Act ,1986, the date of expiry of two months
from such commencement; (63)[***]
(ii)in
relation to any animal added or transferred to Schedule I or Part II
of Schedule II at any time after such commencement, the date of expiry
of two months from such addition or transfer;
(64)[(iii)
in relation to ivory imported into India or an article made from such
ivory, the date of expiry of six months from the commencement of the
Wild Life (Protection) (Amendment) Act, 1991.]
49B.
Prohibition of dealings in trophies, animal articles, etc., derived
from scheduled animals. - (1) Subject to the other provisions of this
section, on and after the specified date, no person shall, -
(a)commence
or carry on the business as -
(i)a
manufacturer of, or dealer in scheduled animal articles; or
(65)[(ia)
a dealer in ivory imported into India or articles made therefrom or
a manufacturer of such articles; or]
(ii)a
taxidermist with respect to any scheduled animals or any parts of such
animals; or
(iii)a
dealer in trophy or uncured trophy derived f