The Wildlife Protection Act of 1972 refers to a sweeping package of legislation enacted in 1972 by the Government of India. Before 1972, India only had five designated national parks. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed.

The Act provides for the protection of wild animals, birds and plants; and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. It has six schedules which give varying degrees of protection. Schedule I and part II of Schedule II provide absolute protection - offences under these are prescribed the highest penalties. Species listed in Schedule III and Schedule IV are also protected, but the penalties are much lower. Schedule V includes the animals which may be hunted. The plants in Schedule VI are prohibited from cultivation and planting. The hunting to the Enforcement authorities have the power to compound offences under this Schedule (i.e. they impose fines on the offenders). Up to April 2010 there have been 16 convictions under this act relating to the death of tigers.

CHAPTER 1

 

Preliminary

1. Short title, extent, and commencement,
- (1) This Act may be called the Wildlife

(Protection) Act, 1972.

3[(2) It extends to the whole of India, except the State of Jammu and Kashmir.*]

4(3) It shall come into force in a State or Union Territory to which it extends, on such date

as the Central Government may, by notification, appoint, and different dates may be appointed

for different provision 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,

5(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 [has

been used and ivory imported into India and an article made therefrom].

6(3) [Omitted 1991.1

(4) "Board means the Wildlife Advisory Board constituted under subsection (1) of Sec.

6;

(5) "captive animal" means any animal, specified in Schedule 1, Schedule II, Schedule

III or Schedule IV, which is captured or kept or bred in captivity;

7(6) [Omitted 1991.1

(7) "Chief Wildlife Warden" means the person appointed as such under C1. (a) of

sub-section (1) of Sec.4;

8[(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 manoeuvers;]

(8) "closed area" means the area which is declared under sub-section (1) of Sec.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 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, uncurled trophy, [9meat or specified plant];

(12) "Director" means the person appointed as Director of Wildlife Preservation under Cl

(a). of sub-section (1) of Sec. 3;

[(12A) "Forest Officer" means the Forest Officer appointed under clause (2) of Sec.2

of the Indian Forest Act, 1927 (1016 of 1927);]

(13) [Omitted 1991. 11]

(14) "Government property" means property, referred to in sec.39; [or sec. 17H12]

(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 or any wild animal and every

attempt to do so,

(b) driving any wild animal for any of purposes specified in sub clause

(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;

7) "land" includes canals, creeks, and other water channels, reservoirs, rivers, streams

and lakes, whether artificial or natural, [marshes and wetlands and also includes boulders and

rocks; 13]

(18) "licence" means a licence granted under this Act;

14[(18A) "Live-stock" includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats,

horses, mules, pigs, sheep, yak 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 sec.35. or sec.38 or deemed,

under sub-section (3) of sec.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;

15[(25A)"recognised zoo" means a zoo recognised under section 38H;

(25B) "reserve forest" means the forest declared to be reserved by the State Government

under sec.20. of the Indian Forest Act, 1927 (16 of 1927);* ]

(26)16 "sanctuary" means an area declared, whether under sec. [26(A)5] or sec 38, or

deemed, under sub section (3) of Sec.66 to be declared, as a wildlife sanctuary;

17[(27) "specified plant "means any plant specified in Schedule VI;*]

(28) "special game" means any animal specified in Sec.II;

(29) "State Government", in relation to a Union Territory, means the Administrator of that

Union Territory appointed by the President under Art 239 of the Constitutions ;

(30) "taxidermy", with its grammatical variations and cognate expressions, means the

curing, preparation or preservation of trophies;

[(30A) "territorial waters" shall have the same meaning as in Sec.3. of Territorial

waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of

1976); 18]

(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 animals mounted in whole or in part through a

process of taxidermy, and

(b) antler, horn, rhinoceros horn, feather, nail, tooth, musk, eggs, and nests;

(32) "uncured trophy" means the whole or any part of any captive animal, other than

vermin, which has not undergone a process of taxidermy, and includes a [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, house, and mule;

(34) "vermin" means any wild animal specified in Sch.V;

(35) "weapon" includes ammunition, bows and arrows, explosives, firearms, hooks,

knives, nets, poison, snares, traps, and any instrument or apparatus capable of anaesthetizing,

decoying, 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, IV or Schedule V, wherever found;

(37) "wildlife" includes any animal, bees butterflies, crustacean, fish and moths; and

aquatic or land vegetation which forms part of any habitat;

(38) "Wildlife Warden" means the person appointed as such under C1. (b) of sub-section

(1) of Sec.4;

[(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

licenced dealer in captive animals. 19]

The Act has been made applicable in various States and Union Territories as under:

1. Andaman and Nicobar, w.e.f. Ist July 1973, vide G.S.R.332 (E), dated Ist July, 1973.

2. Andhra Pradesh, w.e.f. Ist July 1973, vide G.S.R.371 (E), dated Ist August, 1973.

3. Arunachal Pradesh, w.e.f. 15th May 1973.

4. Assam, w.e.f. 25th January 1977, vide G.S.R.33 (E), dated 25th January, 1977.

5. Bihar, w.e.f. Ist February 1973, vide G.S.R.40 (E), dated Ist February, 1973.

6. Dadra and Nagar Haveli, w.e.f. Ist September 1973, vide G.S.R.441(E), dated Ist

September, 1973.

7. Delhi, w.e.f. Ist June 1973,

8. Gao Daman and Diu, w.e.f. 16 July 1973, vide G.S.R.629 (E), dated 16th July, 1973.

9. Gujarat, w.e.f. Ist February 1973, vide G.S.R.62 (E), dated Ist February, 1973.

10. Haryana, w.e.f. 12th March July 1973, vide G.S.R.63 (E), dated 12 March, 1973.

11. Himachal Pradesh, w.e.f. 2nd April ly 1973, vide G.S.R.190 (E), dated 2nd April, 1973.

12. Kerala, w.e.f. Ist June 1973, vide G.S.R.293 (E), dated Ist June, 1973.

13. Lakshdweep, w.e.f. Ist November 1973, vide G.S.R.481(E), dated Ist November, 1973.

14. Madhya Pradesh, w.e.f. 25 January 1973, vide G.S.R.28 (E), dated 25 January, 1973.

15. Maharashtra, w.e.f. Ist June 1973, vide G.S.R.296 (E), dated Ist June, 1973.

16. Manipur, w.e.f. 15th May 1973, vide G.S.R.269 (E), dated 15th May, 1973.

17. Meghalaya, w.e.f. Ist April 1977

18. Mizoram, w.e.f. Ist October 1974, vide G.S.R.407 (E), dated Ist October, 1974.

19. Mysore, w.e.f. Ist July 1973, vide G.S.R.355 (E), dated Ist July, 1973.

20. Nagaland, w.e.f. 18th December 1981, vide G.S.R.668 (E), dated 18thDecember

21. Orissa, w.e.f. 14th August 1974, vide G.S.R.364 (E), dated 14th August, 1974.

22. Punjab, w.e.f. Ist April 1975.

23. Rajasthan, w.e.f. Ist September 1973, vide G.S.R.410 (E), dated Ist September, 1973.

24. Sikkim, w.e.f. Ist May 1976, vide G.S.R.311 (E), dated Ist May, 1976.

25. Tamil Nadu, w.e.f. Ist January, 1974.

26. Tripura, w.e.f. 2nd October 1973, vide GS.R.465 (E), dated 2nd October, 1973.

27. Union Territory of Chandigarh, w.e.f. 2nd December 1974, vide G.S.R.674 (E), dated 2nd

December, 1974.

28. Union Territory of Pondicherry, w.e.f. Ist March 1975, vide G.S.R.62 (E), dated Ist March,

1975

29. Uttar Pradesh, w.e.f. Ist February 1973.

30. West Bengal, w.e.f. Ist May 1973, vide G.S.R.224 (E), dated Ist May, 1973.

--------------------------------------------------------------------------

1 Substituted by Act 44 of 1991, sec. 2(w.e.f. 2.10.1991)

2 Preamble omitted by Act 44 of 1991, sec. 3.

3 Sec. 1(2) It extends, in the first instance, , to the whole of the State of Andhra Pradesh, Bihar,

Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Manipur, Punjab, Rajasthan,

Uttar Pradesh, and West Berigal, and to all the Union Territories, and it shall also extend

to such other State as may adopt this Act by 44 of 1991, sec 4.

4 (3) "or may become extended in future", after "to which it extends" omitted by Act 44 of 1991, sec 4

5 Sec. 2(2) "and Ivory imported into India and an article made therefrom;" appended by Act. 44 of

1991, sec 5.

6 Sec. 2 (3) "big game" means any animal specified in Schedule III;" omitted by Act 44 of 1991, sec

5.

7 Sec. 2 (6) "Cattle" includes buffaloes, bulls, bullocks, camels cows domestic, elephants, donkeys,

goats, horses, mules, pigs and sheep, and also includes their young," omitted by Act 44 of

1991, sec 5.

8 Sec.2 (7A) inserted by Act 44 of 1991, sec. 5.

9 Sec.2 (11) "meat or specified plant, "appended by Act 44 of 1991, sec.5.

10 Sec.2 (12A) "Inserted by Act 44 of 1991 sec. 5.

11 Sec.2 (13) "game reserve" means an area declared under sec. 36 to be a game reserved;" omitted by Act

44 of 1991. sec. 5.

12 Sec.2 (14) "or sec. 17H;" appended by Act 44 of 1991, sec.5.

13 Sec.2 (17) "marshes and wetlands" inserted after "whether artificial of natural," by Act 44 of 1991,

sec.5.

14 Sec.2 (18A) "inserted by Act 44 of 1991 sec. 5.

15 Sec.2 (25A) inserted by Act 44 of 1991 sec. 5.

16 Sec. 2 (26) "26(A)" substituted after "whether under sec. " by Act 44 of 199 1, sec 5.

17 Sec.2 (26A) inserted by Act 44 of 1991 sec. 5.

18 Sec.2 (27) "small game" means any animal specified in sch. IV "substituted by Act 44 of 1991, sec.5.

Sec 2 (30A) inserted by Act 44 of 199 1, sec 5.

19 Sec.2 (39) inserted by Act 44 of 1991, sec 5.

 

CHAPTER II

Authorities to be appointed or constituted under this Act

3. Appointment of Director another officers.– (1) The Central Government may, for

the purposes of this Act appoint

(a) a Director of Wildlife Preservation;

(b) Assistant Directors of Wildlife 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 Wildlife Preservation and other officers and employees

appointed under this section shall be subordinate to the Director.

4. Appointment of Chief Wildlife Warden and other officers – (1) The Rate

Government may, for the purposes of this Act, appoint –

(a) a Chief Wildlife Warden; [***1 ]

(b) Wildlife Wardens;

[(bb) One Honorary Wildlife Ward in each district; and2]

(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 Wildlife Warden shall be subject to such general or special directions, as the State

Government may, from time to time, give.

(3) 3 [The Wildlife Warden, the Honorary Wildlife Warden] and other officers and

employees appointed under this section shall be subordinate to the Chief Wildlife Warden.

5. Power of 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 Wildlife 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

Cl.(a) of sub-section (1) of Sec.11, to any officer subordinate to him subject to such conditions, if

any, be specified in the order.

(3) Subject to any general or special, direction given or condition imposed by the

Director or the Chief Wildlife Warden, any person, authorised by the Director or the Chief

Wildlife Warden to exercise any, powers, may exercise those powers in the same manner and to

the same effect as if they had been conferred on that person directly by this Act and not by way of

delegation.

6. Constitution of the Wildlife 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 Wildlife Advisory Board consisting of the following member, namely:

(a) the Minister in charge of Forest 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 or the Union Territory, who shall be the

Chairman;

(b) two members of the State Legislature or, in the case of a Union Territory havinga

Legislature, two members of the legislature of the Union Territory, as the case may

be;

(c Secretary to the State Government, or the Government of the Union Territory, in

charges of Forests;

[(d) The Forest Officer in charge of the State Forest Department, by whatever designation

called, ex-officio; 4]

(e) an officer to be nominated by the Director;

(f) Chief Wildlife Warden, ex-officio;

[(g) Officers of the State Forest Government not exceeding five5];

(h) such other person, not exceeding ten, who, in the opinion of the State Government,

are interested in the protection of Wildlife, including the representatives of tribals not

exceeding three.]

[(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). 6]

(2) The State Government shall appoint [the forest Officer incharge of the Forest

Department 7] or Chief Wildlife Warden as the Secretary to the Board.

(3) The term of office of the members of the Board referred to in C1.(g) of sub-section

(1) and the manner of filling the vacancies among them shall be such as may be prescribed. 8

(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 prescribed.

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 affecting the merits of the case.

8. Duties of the Wildlife Advisory Board. – It shall be the duty of the Wildlife

Advisory Board to advise the State Government,–

(a) In the selection of areas to be declared as Sanctuaries, National Parks, and Closed

Areas and the administration thereof ;

[9(b) in formulation of the policy of protection and conservation of Wildlife and specified

plants;]

(c) in any matter relating to any schedule;

(cc) in relation to the measures to be taken for harmonizing the needs of the tribals and

other dwellers of the forest with the protection and conservation of wildlife; and 10]

(d) in any matter that may be referred to it by the State Government.

----------------------------------------------------------------------

1 Sec.4(1)(a) "and "omitted by Act 44 of 1991, sec6.

2 Sec.4(1)(bb) "inserted by Act 44 of 1991, sec.6.

3 Sec.4(3) "the Honorary Wildlife Warden" after "The Wildlife Warden" substituted by Act 44 of 1991,

Sec. 6

4 Sec.6(1)(d) "Chief Conservator of Forests, ex officio;" substituted by Act of 44 of 1991, sec.7.

5 Sec.6(1)(g) "such other officers and non-officials, not exceeding fifteen, who, in the opinion of the State

Government, are interested in the protection of Wildlife, " substituted by Act 44 of 1991, sec.7. and

original sub-section renumbered as 'h'.

6 Sec.6(IA) inserted by Act 44 of 199 1, sec.7.

7 Sec.6(2) "The State Government shall appoint the Chief Wildlife or the Chief Conservator of Forest as

the Secretary to the Board, "substituted by Act 44 of 199 1, sec.7.

8 Sec.6 (3) "in CL(g)" should have been substituted by C1 (h)" under the amended verdict.

9 Sec. 8(b) "in the formulation of the policy in granting licences and permits under this Act;" substituted

by Act 44 of 199 1, sec. 8.

10 Sec. 8(cc) inserted by Act of 199 1, see. 8.

 

CHAPTER III

Hunting of Wild Animals

[(9 Prohibition of Hunting.
– No person shall hunt any wild animal specified in Schedule,

I, II, III and IV except as provided under section 11 and section 12. 1]

10. [2(Omitted 199)

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 Wildlife Warden may, if he is satisfied that any wild animal specified in

Sch. 1 has become dangerous to human life or is so disabled or diseased as to be

beyond recovery, by order in writing and stating the reasons therefor, permit any

person to hunt such animal or cause animal to be hunted;

(b) the Chief Wildlife Warden or the authorised officer may, if he is satisfied that any

wild animal specified in Sch. II Sch, III or Sch. 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 Wildlife Warden, to grant [***3] 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;

[4(b) scientific research;

(bb) scientific management;

Explanation:- for the purposes of Cl. (bb), the expression, "scientific management" means

–

(i) translocation of any wild animal to an alternative suitable habitat; or

(ii) population management of wildlife, without killing or poisoning or destroying

any wild animals].

[5(c) Collection of specimens

(i) for recognised zoos subject to the permission under section 38-1 or

(ii) for museums and similar institutions;

(d) derivation, collection or preparation of snake-venom for the manufacture of life

saving drugs.]

6[Provided that no such permit shall be granted:

(a) in respect of any wild animal specified in Sch.L except with the previous permission

of the Central Government, and

(b) in respect of any other wild animal, except with the previous permission of the State

Government.]

[(13) "Suspension or cancellation of licence. - The Chief Wildlife Warden or the

authorised officer may, subject to any general or special order of this State Government, for good

and sufficient reasons, to be recorded in writing, suspend or cancel any licence granted under this

Chapter. (OMITTED 1991)

Provided that no such suspensions or cancellation shall be made except after giving the

holder of the licence a reasonable opportunity of being heard".]

[7(14) Omitted 1991]

[8(15) Omitted 1991]

[9(16) Omitted 1991]*

[10(17) Omitted 1991]

--------------------------------------------------------------------------

1 Sec.9. "Hunting of Wild animals"...

Sec.9(1)"No person shall hunt any wild animal specified in Sch. I" Substituted.

(2) "No person shall hunt any wild animal specified in Sch. II, Sch. III, or Sch. IV, except

under, and in accordance with, the conditions specified in a licence granted under sub-section (5)."

substituted.

(3) "Any person distilling to obtain a licence referred to in sub-section (2) shall apply, in such from

and on payment of such fee, as may be prescribed, to the Chief Wildlife Warden or any other officer

authorised by the State Government in this behalf (hereinafter referred to as the aufluirised officer)."

(4) "An application under sub-section (3) may be made for all or any of the following kinds of

licences, namely

(a) Special game hunting licence.

(b) Big game hunting licence.

(c) Small game hunting licence.

(d) Wild animal trapping licence.

Provided that any such licence may be restricted to be hunting or trapping of such animal as may be

specified therein." omitted.

(5) "On receipt of an application under sub-section (3), the Chief Wildlife Wardenen or the

authorised officer may,, after making such inquiry as he may think fit with regard to the fitness or

other wise of the applicant to receive the licence, grant or refuse to grant such licence after recording

in writing his reason for such grant of refusal; and when the grant of a licence is refiised, the fee paid

therefor shall be refunded to the applicant. " omitted.

(6) "A Licence granted undefthis section shall

(a) be in such from as may be prescribed;

(b) be valid for such period as may be specified therein;

(c) be subject to such items, conditions, and restrictions as may be prescribed; (d) not be

transferable.

Omitted by Act 44 of 1991, sec.9.

2 Sec. 10. Maintenance of records of wild animals killed or captured. –(1) The holder of every licence

shall maintain a record, containing such particulars as may be prescribed, of the wild animals, other

than vermin, killed or captured by him during the currency of the licence.

(2) When any animal specified in Sch. III is killed, wounded, or captured by the holder of a licence,

he shall, not later than fifteen days from the date of such killing, wounding, or capture, or before

leaving the area specified in the licence, whichever is earlier, intimate in writing to the Chief

Wildlife Warden or the authorised officer, the prescribed particulars of such anima killed, wounded,

or captured by him"..

(3) The holder of any licence shall, not later than fifteen days from the date of expiry of such licence,

surrender the records maintained by him under sub-section (1) and the licence to the Chief Wildlife

Warden or the authorised officer, and shall sign a declaration, in the prescribed form, certifying the

accuracy of the records maintained by him under sub-section (a)."

omitted by Act of 199 1, sec. 10

3 Sec. 12. the words "with the previous permission of the State Government" omitted by Act 23 of

1982, sec.2.

4 Sec. 12(b) substituted by Act 23 of 1982, sec.2.

5 Sec. 12 (c) "collection of specimens for zoological gardens, museums, and similar institutions"

substituted by ibid.

6 Proviso inserted by Act 23 of 1982, sec.2

7 Sec 14. Omitted by Act 44 of 199 1. Sec. 12

"Appeals. - (1) An appeal from an order refusing to grant a licence under sec.9, or an order

suspending or cancelling a licence under sec. 13, shall lie

(a) if the order is made by the authorised officer, to the Chief Wildlife Warden, or

(b) If the order is made by the Chief Wildlife Warden, to the State Government.

(2) In the case of an order passed in appeal by the Chief Wildlife Warden under 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) No appeal shall be entertained unless it is preferred within fifteen days from the date of the

communication to the applicant of the order appealed against.

*Provided that the appellate authority may admit any appeal after the expiry of the period aforesaid,

if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time."

8 See 15 Omitted by Act 44 of 199 1. Sec. 12

"Hunting of young and female of wild animals. --No person shall, unless specially authorised by a

licence, hunt the young of any wild animal, other than vermin, or any female of such animal, or any

deer with antlers in velvet."

9 Sec 16. Omitted by Act 44 of 199 1. Sec. 12

Declaration of closed time.– (1) The State Government may, by notification, delcare the whole year

or any part thereof, to be a closed time throughout the State, or any part thereof, for such wild animal

as may be specified in the notification and no hunting of such animal shall be permitted, during the

said period, in the area specified in the notification.

(2) The provisons of sub-section (1) shall not apply to vermin unless otherwise specified by the State

Government in this behalf [omitted 1991]

5* Conviction, setting aside of. –On 5th February, 1954, at abut 10 a.m. a rhinoceros was shot dead

at village Hahpani. The petitioner along with a few others, who have since been acquitted or

discharged, were sent up for trial under sec. 429 of the Indian Penal Code and Sec. 25 (g) of the

Assam Forest Regulation. The charge under sec. 25 (g) of the Forest Regulation failed because the

occurrence was found to have taken place outside the game sanctuary. The petitioner was, however,

convicted by the learned Magistrate under sec.429 of the Indian Penal Code for having shot and

killed the rhinoceros with a gun, and that conviction was upheld by the learned Sessions Judge on

appeal. 'Me only evidence against the petitioner was that of one prosecution witness, who saw the

petitioner firing at the rhinoceros with a single - barreled nuzzle loading gun, and later the animal

was found dead. The evidence of this witness had been believed by the two Courts below who has,

therefore, convicted the petitioner. The argument for the defence was that in order for the conviction

to be correct, the destruction of property should be established. Where, therefore, no one has any

property or right in an animal, the killing of the animal does not come within that meaning of Sec.

425 of the Indian Penal Code. And thus the provision of Sec.429 of the Indian Penal Code will also

not be attracted. The learned Sessions Judge appears to have overlooked the effect of Sec. 425 on the

interpretation of Sec 429. It was submitted that at any rate an offence had been committed under

sec.3 of the Wild Birds and Animals Protection Act, 1912 (8 of 1912), and therefore, the conviction

of the petitioner should be altered to one under Sec.4 of the Act and an appropriate sentence imposed

on him. But this cannot be done for the obvious reason that there is nothing to show in this case that

there was any such notification by the Government declaring that the offence, if any, was committed

in a closed season, as prohibited by the law, 'Mat being so, the conviction and sentence of the

petitioner must be set aside. - Nabin Chandra Gogoi vs State of Assam, AIR 1961, pp. 18-19.

10 Sec. 17 Omitted by Act 44 of 199 1. Sec. 12

17. "Restrictions on hunting. -(I) No person shall

(a) hunt any wild animal, from or by means of, a wheeled or mechanically propelled vehicle on

water or land, or by aircraft;

(b) use an aircraft, motor vehicle or launch for the purpose of driving or stampeding any wild

animal;

(c) hunt any wild animal with chemicals, explosives, nets, pitfalls, poisonous, poisoned weapons,

snares or traps, except insofar as they relate to the capture or wild animals under a Wild Animal

Trapping Licence;

(d) hunt any special game or big game other than with a rifle unless specially authorised by the

licence to hunt with a shot gun using single-slug bullets;

(e) for the purpose of hunting, set fire to any vegetation;

(f) use any artificial light for the purpose of hunting except when specially authorised to do so under

licence in the case of carnivora over a kill;

(h) hunt any wild animal on a salt-lick or waterwheel or other drinking place or on path or approach

to the game, except sandgrouse and waterbirds;

(i) hunt any wild animal on any land not owned by Government, without the consent of that owner

or his agent or the lawful occupant of such land;

(j) notwithstanding that he holds a licence for the purpose, hunt any wild animal during the closed

time referred to in Sec. 16;

(k) hunt, with the help of dogs, any wild animal except waterbird, chakor, partridge, or quail;

(2) The provisions of sub-section (1) shall not apply to vermin. " [Omitted]

[1CHAPTER-IIIA]

PROTECTION OF SPECIFIED PLANTS

17A. Prohibition of picking, uprooting, etc., of specified plants. – Save, as otherwise provided

in this Chapter, no person shall –

(a) willfully pick, uproot, damage destroy, acquire or collect any specified plant from any forest

land and area specified, by notification, by the Central Government,

(b) possess, sell, other 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 bonafide personal use.

17B. Grant of permit for special purpose–. The Chief Wild Life Warden may with the previous

permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from

a forest land or the area specified under section 17A or transport, subject to such conditions as may be

specified therein, any specified plant for the purpose of

(a) education;

(b) scientific research.,

(c) collection, preservation and display in a herbarium of any scientific institutions; or

(d) 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 derivative thereof :

Provided that nothing in this section shall prevent a person, who, immediately before that

commencement of the Wild Life (Protection) Amendment Act, 1991, was 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 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-section (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 liecence 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 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 licenced deader:

Provided that nothing in this section shall apply to any person referred to in section of 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 as they apply in relation to wild animals and

articles referred to in sub-section (1) of that section.]

 

[1CHAPTER-IIIA]

PROTECTION OF SPECIFIED PLANTS

17A. Prohibition of picking, uprooting, etc., of specified plants. – Save, as otherwise provided

in this Chapter, no person shall –

(a) willfully pick, uproot, damage destroy, acquire or collect any specified plant from any forest

land and area specified, by notification, by the Central Government,

(b) possess, sell, other 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 bonafide personal use.

17B. Grant of permit for special purpose–. The Chief Wild Life Warden may with the previous

permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from

a forest land or the area specified under section 17A or transport, subject to such conditions as may be

specified therein, any specified plant for the purpose of

(a) education;

(b) scientific research.,

(c) collection, preservation and display in a herbarium of any scientific institutions; or

(d) 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 derivative thereof :

Provided that nothing in this section shall prevent a person, who, immediately before that

commencement of the Wild Life (Protection) Amendment Act, 1991, was 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 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-section (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 liecence 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 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 licenced deader:

Provided that nothing in this section shall apply to any person referred to in section of 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 as they apply in relation to wild animals and

articles referred to in sub-section (1) of that section.]

------------------------------------------------------------------------

1 Chapter IIIA inserted by Act 44 of 1991, sec. 13.

------------------------------------------------------------------------

1 Chapter IIIA inserted by Act 44 of 1991, sec. 13.

CHAPTER IV

Sanctuaries, National Park, 1[****] and Closed Areas

Sanctuaries

18. Declaration of Sanctuary.– [(l) The State Government may, by notification, declare

its intention to constitute any area other than area comprised with 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 wildlife or its environment. 2]

(2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the

situation and limits of such area.

Explanation. - For the purposes of the 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.– [3When a notification has been issued under Sec.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 Sec."18, no right shall

be acquired in, 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 Sec.18 the

Collector shall publish in the regional language in every town and village in or in the

neighborhood of the area comprised therein, a progamation:

(a) specifying, as nearly as possible, the situation and the limits of the sanctuary; and

(b) requiring any person, claiming any right mentioned in Sec. 19, to prefer before the

collector" within two months from the date of such proclamation, a written claim in

the prescribed form specifying the nature and extent of such right, with necessary

details and the amount and particulars of the compensation, if any, claimed in respect

thereof.

22. Inquiry by Collector. – The Collector shall, after service of the prescribed notice

upon the claimant, expeditiously inquire into

(a) the claim preferred before him under Cl. (b) of Sec.21, and

(b) the existence of any right mentioned in Sec.19 and not claimed under Cl.(b) of

Sec.21,

so far as the same may be ascertainable from the records of the State Goven-iments and the

evidence of any person acquainted with the same.

23. Powers of Collector. – For the purpose of such inquiry, the Collector may exercise

the following powers, namely

(a) the power to enter in or upon any land and to survey, demarcate, and make a map of

the same or to authorise any other officer to do so;

(b) the same powers as are vested in a civil court for the trial of suits.

24. Acquisition of rights. – (1) In the case of a claim to a right in or over any land

referred to in Sec.19, the Collector shall pass an order admitting or rejecting the same in whole or

in part.

(2) If such claim is admitted in whole or in part, the Collector may either

(a) exclude such land from the limits of the proposed sanctuary, or

(b) proceed to acquire such land or rights, except where by an agreement between the

owner of such land or the holder of rights and the Government the owner or holder of

such rights has agreed to surrender his rights to the Government, in or over such land,

and payment of such compensation, as is provided in the Land Acquisition Act, 1894

(1 of 1894)

[4(c) allow, in consultation with the Chief Wildlife Warden, the continuance of any right

of any person in, or over any land within the limits of the sanctuary.]

25. Acqitisition proceedings. – (1) For the purpose of acquiring such land, or rights in

or over such land,

(a) the Collector shall be deemed to be a Collector, proceeding under the Land

Acquisition Act, 1894 (1 to 1894):

(b) the claimant shall be deemed to be a person interested and appearing before him in

pursuance of a notice given under sec.9 of that Act.

(c) the provisions of the sections preceding Sec.9 of that Act shall be deemed to have

been complied with;

(d) where the claimant does not accept the award made in his favour in the matter of

compensation, he shall be deemed, within the meaning of Sec.18 of that 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 provision of Part III of that Act;

(e) 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

(f) 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.

(2) 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 Sec. 19 to 25 (both inclusive) may be'exercised and performed by such other officer as

may be specified in the order.

[5(26A) Declaration of area as Sanctuary. –(1) When –

(a) a notification has been issued under sec.18 and the period for preferring claim has

elapsed, and all claims, if any, made in relation to any land in an area intended to be

declared as a sanctuary, have been disposed of by the State Government; or

(b) any area comprised within any reserve forest or any part of the territorial waters,

which is considered by the State Government to be of adequate ecological, faunal,

geomorphological, natural or zoological significance for the purpose of protecting,

propagating or developing wildlife 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.

(2) Notwithstanding anything contained in sub-section (1), the right of innocent passage

of any vessel or boat through the territorial water shall not be affected by the notification issued

under sub-section (1).

(3) No alteration of the boundaries of a sanctuary shall be made except on a resolution

passed by the Legislation 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 Wildlife 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 dependents of the person referred to in CI. (a), (b) or (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, or 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

Wildlife 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 Wildlife Warden, Wildlife 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.

[6(3) No person shall, with intent to cause damage to any boundary-mark of a sanctuary or

to cause any wrongful gain as defined in the Indian Penal Code (45 of 1860), alter, destroy, move,

or deface such boundary-mark.]

[7(4) No person shall tease or molest any wild animal or litter the grounds or sanctuary.]

28. Grant of permit. – (1) The Chief Wildlife 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 wildlife 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.

[8(29) Destruction, etc., in a sanctuary prohibited without a permit. – No person shall

destroy, exploit or remove any wildlife from a sanctuary or destroy or damage the habitat of any

wild animal or deprive any wild animal or its habitat within such sanctuary except under and in

accordance with a permit granted by the Chief Wildlife Warden and no such permit shall be

granted unless the State Government being satisfied that such destruction, exploitation or removal

of wildlife from the sanctuary is necessary for the improvement and better management of

wildlife therein authorises the issue of such permit.

****

Explanation: For the purposes of this section, grazing or movement of livestock permitted

under clause (d) of Sec.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 Wildlife

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 wildlife in such

sanctuary.

33. Control of sanctuaries. – The Chief Wildlife 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 animals, therein;

(c) may take such measures, in the interests of wildlife, as he may consider necessary for

the improvement of any habitat.

(d) may regulate, control or prohibit, in keeping with the interests of wildlife, the grazing

or movement of [livestock].

(e) [omitted 19911

[933A. Immunisation of livestock. –(41) The Chief Wildlife Warden shall take such

measures in such manner as may be prescribed, for immunisation against communicable diseases

of the livestock kept in or within five kilometres of a sanctuary.

(2) No person shall take, or cause to be taken or graze, any livestock in a sanctuary

without getting it immunised.]

34. Registration of certain persons in possession of arms. – (41) 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 Wildlife Warden or the authorised officer, for the registration of his name.

(2) On receipt of an application under sub-section (1), the Chief Wildlife Warden or the

authorised officer shall register the name of the applicant in subject manner as may be prescribed.

[103) 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 Wildlife

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 protectin& propagating or developing wildlife therein or its environment,

it may, by notificLtion, declare its intention to constitute such area as a National Park.

[11(1) Provided that where any part of the territorial waters is proposed to be included in

such National Park, the provisions of Sec.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 Sec.

[1219 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 shall 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 a

resolution passed by the Legislature of the State.

(6) No person shall, destroy, exploit, or remove any wildlife from a National Park or

destroy or damage the habitat or any wild animal or deprive any wild animal or its habitat within

such National Park except under and in accordance with a permit granted by the Chief Wildlife

Warden and no such permit shall be granted unless the State Government, being satisfied that

such destruction, exploitation, or removal of wildlife from the National Park is necessary for the

improvement and better management of wildlife therein, authorises the issue of such permit.

(7) No grazing of any [livestock13] shall be permitted in a National Park and no livestock

shall be allowed to enter except where such [livestock] is used as a vehicle by a person authorised

to enter such National Park.

(8) The provisions of secs. 27 and 28, secs.30 to 32 (both inclusive), and CIS, (a), (b)

and (c) of [Sec.33, 33A14] and sec.34 shall, as far as may be, apply in realtion to a National Park

as they apply in relation to a sanctuary.

36. [15Omitted 1991]

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 Park declared by Central Govt.

38. Power of Central Government to declare areas as Sanctuaries or National Park,

- (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 sec.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 [sec 18 to 35 (both

inclusive) 16], 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 sec.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 secs.35. 54 and 55 shall

apply 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 Wildlife Warden under the section referred to in sub-section (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 to the State

Government, shall be construed as reference to the Central Government and reference therein to

the Legislation of the State shall be construed as a reference to Parliament.

---------------------------------------------------------------------

1 Chapter IV "Game Reserves" omitted by Act 44 of 1991, sec. 14.

2 Sec 18(l) substituted by Act 44 of 199 1, sec. 15.

3 Sec. 19 "Whenever any area is declared to be a sanctuary" Substituted by Act 44 of 1991, sec. 16.

4 Sec.24(2)(c) Inserted by Act 44 of 1991, sec. 17

5 Sec.26A inserted by Act 44 of 1991, sec. 18.

6 Sec.27(3) Inserted by Act 44 of 1991, sec. 19.

7 Sec.27(4) Inserted by Act 44 of 1991, sec. 19.

8 Sec.29. Hunting in sanctuary without permit phohibited. (1) Notwithstanding anything contained

elsewhere in this Act, no person shall hunt any wild animal in a sanctuary or remove therefrom any wild

animal, whether alive or dead, or any trophy, uncured trophy, or meat derived from such animal.

Provided that if the Chief Wildlife Warden is satisfied that it is necessary that any wild animal in a

sanctuary should be hunted or removed.

(a) for the better protection of wildlife, or

(b) for any other good and sufficient reason he may, with the previous approval of the State

Government, grant a permit authorising any person to hunt or remove such wild animal under the

direction of an office authorised by him or cause it to by hunted or removed.

(2) A permit granted under sub-section

(1) shall specify the kind and number of wild animal that may be hunted or removed by the holder of

such permit.

(3) The Chief Wildlfe Warden may, for good and sufficient reason, to be recorded in writing, cancel any

permit granted under sec.28 or under this section.

Provided that no such cancellation shall he made except after giving the holder of the permit a

reasonable opportunity of being heard.

(4) Any person aggrieved by the cancellation of a permit under sub-section (3) may, within 15 days

from the date of such cancellation, appeal to the State Government, whose decision shall be final.

Provided that the State Government may admit any appeal preferred after the expiry of the period

aforesaid if it is satisfied that the applicant had sufficient cause for not preferring the appeal in time."

Substituted by Act 44 of 1991, Sec. 20,

9 Sec.33A inserted by Act 44 of 1991, sec.22.

10 Sec.34(3) inserted by Act 44 of 1991, sec.22A.

11 Sec.35(l) Provision added by Act 44 of 199 1, sec.23

12 Sec. 35(3) " 19 to 26 (both inclusive)" between "the provisions of sections' and "shall, as far as"

substituted by Act 44 of 199 1, sec.23.

13 Sec.35(7) "cattle" substituted by "livestock" by Act 44 of 1991, sec.23.

14 Sec.35(8) "section 33" after "clause (a), (b) and (c) of "substituted by Act 44 of 1991, sec.23.

15 Sec.36 Declaration of "Game Reserve".–(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 such reserve except under and in accordance

with a licence, issued under this section by the Chief Wildlife Warden or the authorised officer."

omitted by Act 44 of 1991, sec. 24.

16 Sec38. "Section 19 to 35 after "provisions of' susbstituted by Act 44 of 1991, sec.25.

 

CHAPTER V

Trade or Commerce in Wild Animals,

Animal Articles and Trophies

39. Wild Animal, etc. to be Government property.
- (1) Every –

(a) wild animal, other than vermin, which is hunted under Sec. 11 or sec.29 or

sub-section (6) of sec 35 or kept or [bred in captivity or hunted1] in contravention of

any provisions of this Act or any rule or order made thereunder, or found dead, or

killed by [***] mistake;

(b) animal article, trophy or uncured trophy or meat derived from any wild animal

referred to in Cl.(a) in respect of which any offence against this Act or any rule or

order made thereunder has been committed;

[2(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 provision 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 article, trophy, uncured

trophy or meat [derived from such animal or any vehicle, vessel, weapon, trap, or tool used in

such hunting, 3] shall be the property of Central Government.

(2) Any person who obtains, by any means, the possession of Government property,

shall, within forty-eight hours of obtaining such possession, report it to the nearest police station

or authorised officer and shall, if so required, hand over such property to the officer in charge of

such police station or such authorised officer, as the case may be.

(3) No person shall, without the previous permission in writing of the Chief Wildlife

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. Declaration. – (1) Every person having at the commencement of this Act the control,

custody, or possession of any captive animal specified in Sch. I or Part 11 of Sch. 11, or any

uncured trophy derived from such animal or salted or dried skin 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 Wildlife-Warden or the authorised officer the number and description of

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 Sch. 1 or Part 11 of Sch. 11, any uncured trophy or meat derived from such animal,

or the salted or dried skin of such animal or the musk of a deer or the horn of a rhinoceros, except

with the previous permission in writing of the Chief Wildlife Warden or the authorised officer.

[4(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

Wildlife Warden or the authorised officer any animal, article or trophy (other than the musk of

musk deer or the horn of rhinoceros), or salted or dried skin derived from an animal specified in

Sch. I or Part 11 of Sch. H 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 sec.40, the Chief Wildlife Warden or the authorised officer may, after such notice, in such

manner and at such time as may be prescribed,

(a) enter upon the premises of a person referred to in Sec.40;

(b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies,

salted and dried skins, and captive animals specified in Sch. I and Part 11 of Sch. 11

and found thereon; and

(c) affix upon the animals, animal articles, trophies of uncured trophies, identification

marks in such manner as may be prescribed.

(2) No person shall obliterate or counterfeit any identification mark referred to in this

Chapter.

42. Certificate of ownership. - The Chief Wildlife Warden may, for the purposes of

Sec. 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, or uncured

trophy, and may, where possible, mark, in the prescribed manner, such animal article, trophy or

uncured trophy for the purposes of Identification.

43. Regulation of transfer of animal etc. - (1) Subject to the provisions of sub-section

(2), (3) and (4), a person (other than a dealer) who does not possess a certificate of ownership

shall not

(a) sell or offer for sale or transfer whether by way of sale, gift or otherwise, any wild

animal specified in Sch. I or Part II of Sch. 11 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 Wildlife Warden or the authorised

officer.

(2) Where a person transfers or transports from the State in which he resides to another

State or acquires by transfer from outside the State any such animal, animal article, trophy or

uncured trophy as 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 Wildlife Warden or the authorised officer within whose jurisdiction the transfer or

transport is effected.

(3) 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 Wildlife Warden or the authorised officer within

whose jurisdiction the transfer is to be effected.

(4) Before granting any permission under sub-section (1) or sub-section (3), the Chief

Wildlife Warden or the authorised officer shall satisfy himself that the animal or article referred

to therein has been lawfully acquired.

(5) While permitting the transfer or transport or any animal, animal article, trophy or

uncured trophy, as is referred to in sub-section (1), the Chief Wildlife 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 –

[5(a) to tail feather of peacock and animal articles or trophies made therefrom],

[6(b) to any transaction entered into by a recognised zoo subject to the provisions of Sec

381 or by a public museum with any other recognised zoo or public museum]

44. Dealings in trophy and animal articles without licence prohibited. – (1) [7Subject to

the provisions of Chapter VA, no person shall, except under, and in accordance with, a 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

(ia) [8Omitted]

(ii) a taxidermist; or

(iii) a dealer in trophy or uncured trophy; or

(iv) a dealer in captive animal; or

(v) a dealer an meat; or

(b) cook or serve meat in any eating-house

[9(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.

[10Provided 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 article.]

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 in 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 Wildlife Warden his stocks of animal articles,

captive animals, trophies and uncured trophies, as the case may be, as on the date of such

declaration and the Chief Wildlife 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 shall11,

make an application to the Chief Wildlife 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 as fee as may be prescribed, to the Chief Wildlife Warden or the

authorised officer.

[12(b) No licence referred to in sub-section (1) shall be granted unless the Chief Wildlife

Warden or the authorised officer having regard to the antecedents and previous

experience of the applicant, the implications which the grant of such licence would

have on the status of wildlife and 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

Wildlife Warden or the authorised officer is satisfied that.

(i) the application for such renewal has been made after the expiry of the period

specified thereof, or

(ii) any statement made by the applicant at the time of the grant or renewal of the licence

was incorrect of false in material particulars, or

(iii) the applicant has contravened any term of condition of the licence, or any provision

of this Act, or any rule made thereunder, or

(iv) the applicant does not fulfill the prescribed conditions.

(8) Every order granting or rejecting in application for the grant or renewal of a licence

shall be made in writing.

(9) Nothing in the foregoing sub-section shall apply in relation to vermin.

45. Suspension or calculation of licence. - Subject to any general or special order of the

State Government the Chief Wildlife Warden or the authorised officer may, for reason to be

recorded by him in writing, suspend or cancel any licence granted or renewed under sec.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

sec.44 of an order suspending or canceling a licence under sec. 45 shall lie

(a) if the order is made by the aurhorised officer, to the Chief Wildlife Warden, or

(b) if the order is made by the Chief Wildlife Warden to the State Government.

(2) In the case of an order passed in appeal by the Chief Wildlife Warden' under C1. (a)

of sub-section (1), a second appeal shall lie to the State Government.

(3) Subject as a aforesaid, every order passed in appeal under this section shall be final.

(4) An appeal under this section shall be preferred within days from the date of the

communication, to be applicant, or the order appealed against.

Provided that the appellate authority may 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 Wildlife 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 possession

(i) any animal, animal article, trophy or uncured trophy in respect of which a declaration

under the provisions of sub-section (2) of sec.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 of 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 Sch. I or Part II of Sch. 11 or

any animal article, trophy or uncured trophy, or meat derived therefrom, or

serve such meat, or put under a process or taxidening 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 possession, or 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 lawfully acquired.

[1348A Restriction of transportation of wildlife. - No person shall accept ~kny 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 Wildlife Warden or any other officer authorised by the State Government in this behalf has

been obtained for such transportation.]

49. Purchase of captive animal, etc. 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.

[14Provided that nothing is this section shall apply to a recognised zoo subject to the

provision of section 38-1 or to a public museum.]

-------------------------------------------------------------------

1 Sec.39(l)(a) "or hunted" inserted in between "bred in captivity" and "in contravention" by Act 44 of

1991, sec.27. Sec.26(l)(a) The words "without a licence or" after "or killed" omitted by Act 44 of 1991,

sec.27.

2 Sec.39.(1)(c) Inserted by Act 44 of 1991, sec.27.

3 Sec.39(1) "derived from such animal" substituted by Act 44 of 1991, sec.27.

4 Sec.40(3) "Nothing in sub-section (1) or (2) shall apply to a public museum or zoo." susbtituted by Act

44 of 1991, sec.28.

5 Sec.43(6)(a) "to animal articles or trophies made out of feathers of peacocks;" substituted by Act 44 of

1991, sec,29.

6 Sec.43(6)(b) "to any transaction entered into by a public museum or zoo with any other public museum

or zoo." substituted by Act 44 of 199 1, sec.29.

7 Sec.44(l) Substituted by Act 28 of 1986, sec.2 for the words" Except under, and in accordance with, a

licence granted under sub-section (4), no person shall".

8 Sec.44(l)(a)(ia) 'a manufacturer of, or dealer in, any article made of ivory imported into India;' omitted

by Act 44 of 1991, sec.30.

9 Sec.44(l)(c) Inserted by Act 44 of 1991, sec.30.

10 Sec.44(l) Second provision substituted by Act 44 of 1991, sec.30.

11 Sec.44(3) The words "written fifteen days from the commencement of this Act." omotted by Ad 23 of

1992. sec.3.

12 Sec.44(4) (b) substituted by Act 23 of 1982, sec.3.

13 Sec.48A Inserted by Act 44 of 1991, sec.31.

14 Sec.49 "Provided that nothing in this section shall apply to any transaction entered into by a public

museum or zoo with any public museum or zoo." Substituted by Act 44 of 199 1, sec.32

"The Indian Wildlife (Protection) Act, 1972" from the Official website of: Government of India, Ministry of Environment & Forests

Continue Reading