Wildlife Protection Act
Wildlife Protection Act
Wildlife Protection Act
INTRODUCTION
The wild life laws have a long history and is the culminative result of an increasing
awareness of the compelling need to restore the catastrophic ecological imbalances
introduced by the depridations inflicted on nature by human being. The earliest
codified law can be traced to 3rd Centuary B.C. when Ashoka, the King of Maghadha,
enacted a law in the matter of preservation of wild life and environment. But, the
first codified law in India which heralded the era of laws for the wild life and
protection was enacted in the year 1887 by the British and was titled as the Wild
Birds Protection Act, 1887 (10 of 1887). This Act enabled the then Government to
frame rules prohibiting the possession or sale of any kinds of specified wild birds,
which have been killed or taken during the breeding season. Again the British
Government in the year 1912 passed the Wild Birds and Animals Protection Act,
1912 (8 of 1912) as the Act of 1887 proved to be inadequate for the protection of
wild birds and animals. The Act of 1912 was amended in the year 1935 by the Wild
Birds and Animals Protection (Amendment) Act, 1935 (27 of 1935).
After the Second World War the freedom struggle for India started taking its shape
and wild life was relagated to the background. But after independence, the
Constituent Assembly in the Draft Constitution placed "Protection of Wild Birds and
Wild Animals" at entry No.20 in the State List and the State Legislature has been
given power to legislate.
It was not till late 1960's that the concern for the depleting wild finally aroused.
ACT 53 OF 1972
The first comprehensive legislation relating to protection of wild life was passed by
the Parliament and it was assented by the President on 9th September, 1972 and
came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972).
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. (1) This Act may be called 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.
(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 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 Sechedule I, Schedule II,
Schedule III 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 4.
(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;
(11) "dealer" means any person who carries on the business of buying and selling
any captive animal article, trophy, uncured trophy 1[meat or specified plant];
(12) "Director" means the person appointed as Director of Wild Life Preservation
under clause (a) sub-section (1) of section 3;
2[(12A) "Forest Officer" means the Forest Officer appointed under clause (2) of
section 2 of the indian Forest Act, 1927;]
3[* * *]
(14) "Government property" means any property referred to in section 39; 2[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,-
(17) "land" includes canals, creeks and other water chanels, reservoirs, rivers,
steamsand lakes, whether artificial or natural, 1[marshes and wetlands and also
includes boulders and rocks];
2[(18A)] "lives stock" includes buffaloes, bulls, bullocks, camels, cows, donkeys
goats, horses, mules, pigs, sheeps, yaks and also their young;]
(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 setion 35 of section 38,
or deemed, under sub-section (3) of section 66, to be declared, as a National Park;
(25B) "reserve forest" means the forest declared to reserved by the State
Governement under section 20 of the Indian Forest Act,1927 (16 of 1927);]
(26) "sanctuary" means an area declared, whether under section 2[26A] or section
66, to be declared as wild life sanctuary;
(30) "taxidermy", with its grammatical variations and cognate expressions, means
the curing, preparation or preservation of trophies;
1[(30A) "territorial waters" shall have the same meaning as in section 3 of the
Territorial Waters, Continental Shelf, Exclusive Economic Zoo 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-
(32) "uncured trophy" means the whole or any captive animal or wild animal, 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;
(35) "weapon" includes ammunition, bows and arrows, explosives, firearms, hooks,
knives, nets, poison, snares and 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 III, Schedule IV, Schedule V, wherever
found;
(37) "wild life" includes any animal, bees, butterflies, crustacea, fish and moths; and
aquatic 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;
CHAPTER II
(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 oficers 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,-
(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) 3[The Wild Life Warden, the Honorary Wild Life Warden] and other officers and
employees appointment under this section shall be subordinate to the Chief Wild
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 of 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.
COMMENTS
Sub-section (2) of section 5 of the Wild Life (Protection) Act, 1972 gives power to the
concerned authority to delegate his powers to any of his subordinate officers.
Therefore, it could not be be said that another person except the Chief Wild Life
Warden or such other officer who has been authorised by the State Government can
file a complaint upon which cognizance can be taken; Jagdish Singh v.State of Bihar,
(1985) Cri LJ 1314 (Pat).
(a) the Minister in charge of forests in the State or Union territory, or,
if there is no such Minister, the Chief Secretary to the Government, or,
as the case may be, the Chief Secretary to the Government of the
Union territory, who shall be the Chairman;
(b) 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;
(c) Secretary to the State Government, or the Government of the
Union territory, in charge of forests;
1[(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;
'[(g) officers of the State Government not exceeding five;
(h) such other persons, not exceeding ten, who, in the opinion of the
State Government, are interested in the protection of wild life,
including the representatives of tribals not exceeding three.]
2[(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 1[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 (1) 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,-
CHAPTER III
5[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.]
COMMENTS
Section 9 of the Act says that no person shall "hunt' any wild animal specified in
Schedule I, Elephant is inluded in Schedule I; State of Bihar v.Murad Ali Baig, AIR
1989 SC 1.
6[* * *]
(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
therefore, 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
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
provisions 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.
COMMENTS
To decide whether in killing an animal the accused acted in self defence or not, the
nature and ferocity of the animal will be relevant. On the basis of the facts and
circumstances of the case there can be no doubt that the accused acted in defence of
his life and his act did commensurate with defence.Thus in this case of killing the
tiger in good faith in defence of oneself it can not be said that the accused was
committing any offence prior to shooting the tiger that charged at him. Therefore,
the impugned order of conviction and sentence is contrary to the provisions of
section 11 of the Act and as such it is liable to be set aside; Tilak Bahadur Rai
v.State of Arunachal Pradesh, 1979 Cri LJ 1404.
(a) education;
2[(b) scientific research;
(bb) scientific Management.
1[* * *]
CHAPTER IIIA
Provided that nothing in this section prevent a member of a Scheduled tribe, subject
to the provisions of Chapter IV, from picking, collecting or possesing 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 plant for purpose of-
(a) education;
(b) scientific research;
(c) collection, preservation and display in a herbarium of any scientific
institution; or
(d) propogation 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, who immediaely 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.
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
his 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.
Provided that nothing in this section shall apply to any person referred to in section
17B.
(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
(2) The notification referred to in sub-section (1) shall specify, as nearly as possible,
the situation and limits of such area.
(i) The purpose of the notification declaring the area as Game Reserve under the
Rajasthan Wild Animal and Birds Protection Act, 1951; or the declaration of the area
as a sanctuary under the notification dated 1.1.1975 declaring the area as protected
forest under the Rajasthan Forest Act, 1953 is to protect the Forest Wealth and Wild
Life of the areas; Tarun Bharat Sangh, Alwar v. Union of India, AIR 1992 SC 514.
(ii) The respondents are entitled to declare any area other than area comprised with
any reserve forest or territorial waters as a sanctuary as per the provisions of section
18 of the Act, but that can be done only after following the provisions contained in
the Act. The respondents can take follow up action for evicting persons from the area
falling within the declared sanctuary in accordance with the provisions as contained
in CHAPTER IV of the Act. None of this things has been found to be followed by the
respondents in passing the orders prejudicially affecting the petitioners. Therefore,
the impugned orders are not sustainable in law and accordingly they deserve to be
quashed; Jaladhar Chakma v. Deputy Commisioner, Aizwal, Mizoram, AIR1983 Gau
18.
19. Collector to determine rights.- 3[When a notification has been issued under
section 18] the controller shall inquire into, and determine, the existance, 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 tastamentary 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-
(a) specifying, as nearly as possible, the situation and the limits of the
sanctuary; and
(b) requiring any person, claiming any right mentioned in section 19,
to prepare 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 compensation, if any, claimed the 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 clause (b) of section 21, and
(b) the existence of any right mentioned in section 19 and not claimed
under clause (b) of section 21, so far as the same may be
ascertainable from the records of the State Government 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 cilvil 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 section 19, the Collector shall pass an order admitting and rejecting
the same in whole or in part,
(2) The acquisition under this Act of any land or interest therein shall be deemed to
be acquisition for a public purpose.
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 interest of the local fishermen.
(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 :-
30. Causing fire prohibited.-No person shall set fire to a sanctuary, or kindle any
fire, or leave any fire buring, 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.
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,-
1[(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
2[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 3[19 of 26A (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 occured, 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 National Park on and from such
date as may be specified in the notification.
Closed Area
1[CHAPTER IV]
(a) chairperson;
(b) such number of members not exceeding ten; and
(c) member-secretary, to be appointed by the Central
Government.
(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.
(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 in this behalf.
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, of 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.
38I. 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
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 2[derived from such animal, or
any vehicle, vessel, weapon, trap or tool used in such hunting] shall be the property
of the Central Government.
COMMENTS
The wild animals which are dead in a private land, the owner of the land is entitled to
claim ownership of the dead animal. The body of a wild animal which is found on a
particular land becomes the absolute property of the owner of the soil even if killed
by a trespasser, unless, the trespasser chased the animal on the land of one person
and killed it on the land of another. The dead elephant in question had not been
chased or persued by the forest authorities, but it had been shot by some unknown
persons and it voluntarily quit the reserve forest and entered the private land where
it died. In this view, the order of the lower Appellate Court can not be sustained;
B.Natwall Valid v. State of Tamil Nadu, AIR 1979 Mad 218.
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 of 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.
1[(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 Schedule II in his control, custody or possession in
such form, in such manner, and within such time, as may be
prescribed.
(1) On receipt of a declaration made under section 40, the Chief Wild
Life Warden or the authorised officers may, after such notice, in such
manner and at such time, as may be prescribed,-
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.
(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.
COMMENTS
Section 44 prohibit any dealing in trophies without a licence; Pyarelal v. State (Delhi
Administration), AIR 1995 SC 1159.
Provided that no such suspension or cancellation shall be made except after giving
the holder of the licence a reasonable apportunity of being heard.
46. Appeal.-
(2) In the case of an order passed 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 appeallate authority may admit any appeal preferred
after the expiry of the period aforesaid if it is satisfied that the order
appellant had sufficient cause for not preferring the appeal in time.
48. Purchase of animal, etc., by licensee.- No licensee under this Chapter shall -
Provided that where the acquisition or possession, 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.
2[Provided that nothing in this section shall apply to a recognised zoo subject to the
provisions of section 38I or to public museum.]
3[CHAPTER VA
(1) Subject to the other provisions of this section, on and after the
specified date, no person shall,-
CHAPTERVI
(1) Notwithstanding anything contained in any other law for the time
being in force, the Director or any other officer authorised by him in
this behalf or the Chief Wild Life Warden or the authorised officer or
any forest officer or any police officer not below the rank of a sub-
inspector, may, if he has reasonable grounds for believing that any
person has committed an offence against this Act,-
(9) Any evidence recorded under clause (d) of sub-section (8) shall be
admissible in any subsequent trial before a Magistrate provided that it
has been taken in the presence of the accused person.]
51. Penalties.-
(1) Any person who 1[contravences any provision of this Act 2[(except
Chapter VA and section 38J)] or any rule order and made thereunder
or who commits a breach of any of the conditions of any licence or
permit granted under this Act, shall be guilty of an offence against this
Act, and shall, on conviction, be punishable with imprisonment for a
term which may extend to 3[three years] or with fine which may
extend to 4[twenty-five thousand rupees] or with both:
(2) When any person is convited of an offence against this Act, the
court trying the offence may order that any captive animal, wild
animal, animal article, trophy, 2[uncured trophy, meat, ivory imported
into India or an article made from ivory, any specified plant, or part or
derivative thereof] in respect of which the offence has been
committed, and any trap, tool, vehicle, vessel or weapon, used in the
commission of the said offence be forfeited to the State Government
and that any licence or permit, held by such person under the
provisions of this Act, be cancelled.
(4) Where any person is convicted of an offence against this Act, the
court may direct that the licence, if any, granted to such person under
the Arms Act, 1959 (54 of 1954), for possession of any arm with which
an offence against this Act has been committed, shall be cancelled and
that such person shall not be eligible for a licence under the Arms Act,
1959 (54 of 1954), for a period of five years from the date of
conviction.
COMMENTS
(i) The accused was convicted for possession of lion shaped trophies of
Chinkara skins meant for sale without licence. But there was no
evidence whatsoever as to when the accused came into possession of
these trophies. The proviso to section 51 of the Act providing minimum
sentence of 6 months is not attracted; Pyarelal v.State (Delhi
Administration), AIR 1995 SC 1159.
(3) The officer compounding any offence may order the cancellation of
any licence or permit granted under this Act to the offender, or if not
empowered to do so, may approach an officer so empowered, for the
cancellation of such licence or permit.
56. Operataion of other laws not barred.- Nothing in this Act shall
be deemed to prevent any person from being prosecuted under any
other lawfor time being in force, for any act or omission which
constitutes an offence against this Act or from being liable under such
other law to any higher punishment or penalty than that provided by
this Act:
Provided that no person shall be punished twice for the same offence.
CHAPTER VII
MISCELLANEOUS
(1) No suit, prosecution or other legal proceeding shall lie against any
officer or other employee of the Central Government or the State
Government of anything which is in good faith done or intended to be
done under this Act.
(2) No suit or other legal proceeding shall lie against the Central
Government or the State Government or any of its officers or other
employees for any damage caused or likely to be caused by anything
which is in good faith done or intended to be done under this Act.
2[(3) No suit or other legal proceeding shall lie against the Authority
referred to in Chapter IV A and its chairperson, members,, member-
secretary, officers and other employees for anything which is in good
faith done or intended to be done under this Act.]
5[* * *]
1[* * *]
(e) the form in which and the time at which the annual
reports of the Central Zoo Authority shall be prepared
under section 38F;
(f) the form in which and the ice required to be paid with
the application for recognition of a zoo under sub-
section (2) of section 38H;
(2) Every rule made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule
should be made, the rule shall be thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
(1) State Government may, by notification, make rules for carrying out
the provisions of this Act in respect of matters which do not fall within
the purview of section 63.
(1) As from the commncement of this Act, every other Act relating to any matter
contained this Act and in force in a State shall, to the extent to which that Act or any
provision contained therein corresponds, or is repugnant, to this Act or any provision
contained in this Act, stand repealed:
(b) every licence granted under any Act so repealed and in force
immediately before the commencement of this Act shall be deemed to
have been granted under the corresponding provisions of this Act and
shall, subject to the provisions of this Act, continue to be in force for
the unexpired portion of the period for which such licence had been
granted.
(3) For the removal of doubts, it is hereby declared that any sanctuary or National
Park declared by a State Government under any Act repealed under sub-section (1)
shall be deemed to be a sanctuary or National Park, as the case may be, declared by
the State Government under this Act and where any right in or over any land in any
such National Park which had not been extinguished under the said Act, at or before
the commencement of this Act, the extinguishment of such rights shall be made in
accordance with the provisions of this Act.
1[(4) For the removal of doubts, it is hereby further declared that where any
proceeding under any provision of sections 19 to 25 (both inclusive) is pending on
the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 any
reserve forest or a part of territorial waters comprised within a sanctuary declared
under section 18 to be a sanctuary before the date of such commencement shall be
deemed to be a sanctuary declared under section 26A.]
PART I
Mammals
2[2-A. * * *]
2[8-B. * * *]
3[8-C. * * *]
2[12-A. * * *]
3[1-A. * * *]
1[6. * * *]
2[15. * * *]
2[16. * * *]
2[17. * * *]
3[17-A. Water Lizard (Varanus salvator)
PART IIA
Fishes
PART III
Birds
2[1-F. * * *]
2[9-A. * * *]
3[14-A. * * *]
PART IV
(Bigrus latro)]
SCHEDULE II
(See secs. 2, 8, 9, [* * *], 11, 40, 41, 48, 51, 61 and 62)
2[* * *]
PART I
1. * * *
3. * * *
4[3-B. * * *]
5[3-C. Catatean spp. (other than those listed in Sch. I and Sch. II,
part II)]
4[4. * * *]
1[5. * * *]
2[6. * * *]
2[8. * * *]
2[9. * * *]
2[10. * * *]
1[12. * * *]
1[13. * * *]
1[14. * * *]
2[15. * * *]
2[17. * * *]
1[18. * * *]
1[20. * * *]
21. * * *
1[23. * * *]
Family Carabidae
Agonotrechus andrewesi Calathus amaroides
Amara brucei Callistominus belli
Amara eleganfula Chlaenius championi
Brachius atripennis Chlaenius kanarae
Broscosoma gracile Chlaenius masoni
Brosous bipillifer Chlaenius nilgiricus
Broter ovicollis
Family Chrysomelidae
Acrocrypta rotundata
Bimala indica Thauria allris amplifascia
Clitea indica
Gopala pita Family Danaidae
Griva cyanipennis Euploea melanaleuca
Nisotra cardoni Euploea midamus rogenhofer
Nisotra madurensis
Nisotra nigripennis Family Erycinidae
Nisotra semicoerulea Abisara kausambi
Nisotra striatipennis Dodona adonira
Nonarthra patkaia Dodona dipoea
Psylliodes plana Dodona egeon
Psylliodes shira Libythea lepita
Sebaethe cervina
Sebaethe patkaia Family Hesperiidae
Sphaeroderma brevicorne Baoris phidippina
Bebasa sena
Family Cucujidae Halpe homolea
Carinophlocua raffrayi
Cucujus bicolor Family Lycaenidae
Cucujus grouvelle Allotinus subviolaceus manychus
Cucujus imperialis Amblypodia abetrrans
Heterojinus semilaetaneus Amblypodia aenea
Laemophloeus belli Amblypodia agaba aurelia
Laemophloeus incertus Amblypodia agrata
Pediacus rufipes Amblypodia alesia
Amblypodia apidanus ahamus
Family Inopeplidae Amblypodia areste areste
Inopephus albonotalus Amblypodia bazaloides
Amblypodia camdeo
Family Amathueidae Amblypodia ellisi
Aemona amathusia amathusia Amblypodia fulla ignara
Aemona phidippus andamanicus Amblypodia genesa watsoni
Amathuxida amythaon amythaon Amblypodia paraganesa zephyreeta
Discophora deo deodoides Amblypodia paralea
Discophora lepida lepida Amblypodia silhetensis
Discophora timora andamanensi Amblypodia suffusa suffusa
Enispe cycnus Amblypodia yendava
Faunis sumeus assama Apharitis lilacinus
Sticopthalma nourmahal Araotes lapithis
Artipe erynx Orthomiella pontis
Bindahara phocides Pithecops fulgens
Bothrinia chennellia Polymmatus devanica devanica
Castalius roxus manluena Polymmatus metallica metallica
Catapoecilma delicatum Polymmatus orbitulus jaloka
Catapoecilma elegans myositina Polymmatus yeonghusbandi
Charana jalindra Poritia erycinoides elsiei
Cheritrella truncipennis Poritia hewitsoni
Chiliaria kina Poritia plsurata geta
Deudoryx hypargyria gaetulia Pratapa bhetes
Enchrysops cnejus Pratapa blanka
Everes diporoides Pratapa deva
Everes kala Pratapa icetas
Helipphorus androcles moorei Rapala buxaria
Horage onyx Rapala chandrana chandrana
Horage viola Rapala nasaka
Hypolycaena nilgirica Rapala refulgens
Hypolycaena thecloides nicobarica Rapala rubida
Iraota rochana boswelliana Rapala scintilla
Jamides alectokandulana Rapala sphinx sphinx
Jamides celeodus pura Rapala varuna
Jamides coeruler Spindasis elima elima
Jamides kankena Spindasis lohita
Lampides boeticus Spindasis nipalicus
Lilacea albocaerulea
Lilacea atroguttata Suasa lisides
Lilacea lilacea Surendra todra
Lilacea melaena Tajuria albiplaga
Lilacea minima Tajuria cippus cippus
Logania massalia Tajuria culta
Lycaenesthes lycaenina Tajuria diaeus
Mahathala ameria Tajuria illurgiodes
Mahathala atkinsoni Tajuria illurgis
Magisba malaya presbyter Tajuria jangala andamanica
Nacaduba aluta coelestis Tajuria melastigma
Nacaduba ancrya aberrans Tajuria sebonga
Nacaduba dubiosa fulva Tajuria thyia
Nacaduba helicon Tajuria yajna istroides
Nacaduba hermus major Tarucus callinara
Neucheritra febronia Tarucus dharta
Niphanda cymbia Thaduka malticaudata kanara
Thecla ataxus ataxus Eriboea delphis
Thecla bitel Eriboea dolen
Thecla icana Eriboea harcoea lissainei
Thecla jakamensis Euripus consimillis
Thecla kabreea Euripus halitherses
Thecla khasia Euthalia anosia
Thecla kirbariensis Euthalia cocytus
Thecla suroia Euthalia duda
Thecla syla assamica Euthalia durga durga
Thecla vittata Euthalia evalina landabilis
Thecla ziba Euthalia franciae
Thecla zoa Euthalia garuda acontius
Thecla zsta Euthalia lepidea
Una usta Euthalia merta eriphyle
Yasoda tripunctata Euthalia nara nara
Euthalia patala taooana
Family Nymphalidae Euthalia teuta
Adolias cyanipardus Horona marathus andamana
Adolias dirtea Hypolimnas missipus
Adolias khasia Hypolmnas polynice birmana
Apartura chevana Kallima albofasciata
Apartura parvata Kallima alompra
Apatura sordida Kallima philachus horsefieldii
Apartura ulupi florenciae Limenitis austenia austenia
Argynnis adippe pallida Limentis damava
Argynnis altissima Limentis dudu
Argynnis clara clara Melitaea robertsi lutko
Argynnis pales horia Neptis aurelia
Atella alciope Neptis ajana nashona
Callinaga buddha brahaman Neptis aureli
Charaxes aristogiton Neptis magadh khasiana
Charaxes fabius sulphureus Neptis nandina hamsoni
Charaxes karruba Neptis narayana
Charaxes marmax Neptis radha radha
Charaxes polyxena heman Neptis soma
Cheroonesia rahria rahriodes Neptis zaida
Cyrestis cocles Neurosigma doublodayi doublodayi
Diagora persimilis Pantoporia ksura ksura
Eriboea anthames andamanicus Pantoporia kanwa phorkys
Pantoporia laymna siamensis Appias lyncida latifasciata
Pantoporia pravara acutipennis Appias wardi
Pantoporia ranga Baltia butleri butleri
Parthenos sylvia Cepora nadian remba
Penthema lisarda Cepora nerissa dapha
Symbrenthia niphanda Colias ecocandiea hinducucica
Vanesa egea agnicula Colias eogene
Vanesa lalbum Colias ladaensis
Vanesa polychorous Colias stoliczkana miranda
Venesa prasoides dohertyi Delias lativitta
Venesa urtico rizama Dercas lycorias
Euchloe charlonia lucilla
Family Papilionide Eurema andersoni ormistoni
Bhutanis liderdalei liderdalei Metaporia agathon
Chilasa epycides epycides Pieris deota
Chilasa paradoxa telarchus Pontia chloridice alipina
Chilasa slateri slateri Saletara panda Chrysaea
Graphium aristeus anticrates Valeria avatar avatar
Graphium arycles arycles
Graphium eurypylus macronius Family Saryridae
Graphium evemon albociliates Anlocera brahminus
Graphium gyas gyas Cyllogenes suradeva
Graphium megarus megarus Elymnias malelas milamba
Papilio bootes Elymnias vasudeva
Papilio buddha Erebia annada suroia
Papilio fuscus andamanicus Erebia hygriva
Papilio machaon verityi Erebia kalinda kalinda
Papilio mayo Erebia mani mani
Parnassius charltonius charltonius Erebia seanda opima
Pernassius epaphus hillensis Erites falciennis
Pernassius jacquemonti jacquemonti Hipparchis hoydenreichi shandura
Polydorus laterillei kabrua Lethe atkinsoni
Polydorus plutonius tytleri Lethe baladeva
Teinopalpus imperialis imperialis Lethe brisanda
Lethe goalpara goalpara
Family pieridae Lethe insana insana
Aporia nabellica Lethe jalaurida
Appias albina darada Lethe kaubra
Appias indra shiva Lethe latiaris latiaris
Lethe moelleri moelleri Mycalesis lepcha bethami
Lethe naga naga Mycalesis malsarida
Lethe nicetella Mycalesis mestra
Lethe pulaha Mycalesis misenus
Lethe scanda Mycalesis mystes
Lethe serbonis Mycalesis suavolens
Lethe siderca Mycalesis hilda
Lethe sincex Neorina patria westwoodii
Lethe tristigmata Oeneis buddha quaurhwalica
Lethe violaceopicta kanjupkula Parantirrhoea marshali
Lethe visrava Parage eversmanni cash miensis
Lethe yama Parage maerula maefula
Maniola davendra davendra Ragadia crislda crito
Melanitis zitenius Rhapicera sttriens kabrua
Mycalesis adasoni Ypthima bolanica
Mycalesis anaxias Ypthima lycus lycus
Mycalesis quotama chamka Ypthima mathora mathora
Mycalesis heri Zipotis saitis
1[3. * * *]
4-B. Red fox (Vulpes vules, vules montana, vulpes griffithi, vulpes
pusilla)
1[6. * * *]
SCHEDULE III
2[1. * * *]
4[3. * * *]
1[4. * * *]
1[6. * * *]
1[8. * * *]
4[9. * * *]
1[10. * * *]
1[13. * * *]
1[15. * * *]
1[17. * * *]
1[18. * * *]
SCHEDULE IV
1[* * *]
2[1. * * *]
3[1-A. * * *]
2[2. * * *]
3. * * *
2[4-B. * * *]
2[4-C. * * *]
2[4-D. * * *]
2[5. * * *]
2[6. * * *]
5[7. * * *]
5[7-B. * * *]
8. * * *
5[8-A. * * *]
2[9-A. * * *]
10. * * *
1. Avadavat (Estrildinae)
2. Avocet (Recurvirostridae)
3. Babblers (Timaliinae)
4. Barbets (Capitonidae)
5. Barnowls (Tytonknae)
6. Bitterns (Ardeidae)
8. Bullbuls (Psycnonotidae)
9. Butings (Euberizidae)
54. Pigeons (Columbidae) except the Blue Rock Pigeon (Columba livia)
(i) Amblycaphalidae
(ii) Amilidae
(iii) Boidae
(iv) Colubridae
(vii) Glauconndae
(ix) Tlysiidae
(x) Letotyphlopidae
(xi) Typhlopidae
(xii) Uropeltidae
(xiii) Viperidae
(xiv) Xenopeltidae]
1[17. Voles]
Family Danaidae
Euploca crassa
Euploca muleiber
Family Hesperilidae
Baoris farri
Hasora vitta
Hyarotis adrastus
Oriens concinna
Pelopidas assamensis
Pelopidas sinensis
Polytrema discreta
Polytrema rubricans
Thoressa horiorei
Family Lycaenidae
Tarucus ananda
Family Nymphalidae
Euthalia lubenina
Family Pieridae
Appias libythea
Prioneris sita
SCHEDULE V
1. Common crow
1[2. * * *]
3. Fruit bats
1[4. * * *]
5. Mice
6. Rats
2[7. * * *]
3
[SCHEDULE VI
(See section 2)
In exercise of the powers conferred by clause (b) of sub-section 63 of the Wild Life
(Protection) Act, 1972 (53 of 1972), the Central Government hereby makes the
following rules:-
1. Short title, extent and commencement.- (1) These rules, may be called the
Wild Life (Transaction and Taxidermy) Rules, 1973.
(2) They extend to the Whole of the States of Bihar, Gujarat, Haryana, Himachal
Pradesh, Madhya Pradesh, and Uttar Pradesh.
(3) They shall come into force on the 9th April, 1973.
(a) "Act" means the Wild Life (Protection) Act, 1972 (53
of 1972);
(3) On receipt of an application made under sub-rule (2), the Officer may, after
making such injury as he may think fit and within the period of fifteen days from the
date of receipt of the application, either grant or refuse to grant the permission:
Provided that no such permission shall be granted unless the Officer is satisfied that
the specified animal or animal article, trophy, uncured trophy or meat, referred to in
sub-rule (1) has been lawfully acquired.
(4) Whether the Officer refuses to grant the permission, he shall record the reasons
for so doing and a copy of the reasons so recorded shall be communicated to the
licensee applying for the permission.
(5) Every permission granted under sub-rule (3) shall be in Form II.
(I) Every licensee to whom permission has been granted under sub-rule (3) of rule 3
shall submit, to the Officer who had granted the said permission, report regarding
the stocks of specified animal or animal article, trophy, uncured trophy or meat,
referred to in sub-rule (1) of rule 3, in Form III within a period of 1[thirty days] of
the acquisition, receipt, or keeping of the same in his control, custody or possession.
(2) The Officer, after receiving such report, may arrange to affix identification marks
on such stocks.
(1) No licensed dealer shall sell or offer for sale any specified animal or any animal
article, trophy, or uncured trophy derived therefrom, except to a person authorized
to purchase by a permission granted by the Officer and where the sale is effected the
purchaser shall surrender the permission to the licenced dealer.
(2) Every application for permission to purchase shall be made in From IV.
(3) On receipt of an application made under sub-rule (2), the Officer may, after
making such inquiry as he may think fit, and within a period of ten days from the
date of receipt of the application, either grant or refuse to grant the permission.
(4) Where the Officer refuses to grant the permission, he shall record the reasons for
so doing and copy of the reasons so recorded shall be communicated to the person
applying for the permission.
(6) Every permission granted unde sub-rule (3) shall be valid up to a period of one
month from the date of issue of the same.
(7) Every licensed dealer shall, at the time of each sale, issue a voucher in relation
to the specified animal or animal article, trophy or uncured trophy referred to sub-
rule (I), to the person authorized to purchase.
(c) name and address of the licensed dealer issuing the voucher;
(d) name and address of the person to whom the voucher is issued;
(d) name and address of the person to whom the voucher is issued;
(2) The duplicate and the triplicate copy of the voucher shall be retained by the
licensed taxidermist, or licensed manufacturer, and the original copy of the voucher
shall be given to the person referred to in sub-rule (7) of rule 5 or sub-rule (1) of
rule 6.
(3) Every book containing blank vouchers shall be presented to the Officer for
affixing his initials or stamps on such book before it is brought into use.
(1) No licensee shall transport from one place to another within the State any
specified animal, animal article, trophy or uncured trophy derived therefrom, except
with the previous permission of the officer.
(2) Every application for such permission shall be made in From VI.
(3) On receipt of an application made under sub-rule (2) the Officer may, after
making such inquiry as he may think fit, and within a period of seven days from the
date of receipt of the application, either grant or refuse to grant the permission:
Provided that no such permission shall be granted unless the Officer is satisfied that
the specified animal or animal or animal aticle, trophy or uncured trophy referred to
in sub-rule (1), has been lawfully acquired.
(4) Where the Officer refuses to grant the permission, he shall record the reason for
so doing and a copy of the reason so recorded shall be communicated to the licensee
applying for the permission.
(5) Every permission granted under sub-rule (3) shall be in Form VII.
9. Appeal.-
(1) Any licensee or a person aggrieved by an order made by the Chief Wild Warden
or any other officer granting the permission under sub-rule (3) of rule 3, sub-rule (3)
of rule 5 or sub-rule (3) of rule 8, may prefer an appeal,-
(2) In the case of an order passed in appeal by the Chief Wild Life Warden under
clause (i) of sub-rule (1), a second appeal shall lie to the State Government.
(3) 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 after the expiry of the period
aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring
the appeal time.
FORM I
[See sub-rule (2) of rule 3]
Application for permission to acquire, receive, keep specified animal, animal
article, etc. or put under process of taxidermy or make animal article
To
The............
.................
.................
Sir,
(2) Number.....................................
3. I hereby declare that to the best of my knowledge and belief the information
furnished herein is true and complete
..............
FORM II
[See sub-rule (5) of rule 5]
Permision to acquire, receive, keep in control, custody or possession
specified animal article, etc. or put under process of taxidermy or make
animal article
(3) Number.....................
(4) Source from which to be obtained................
Signature
Designation
Seal:
Place:
Date:
FORM III
[See sub-rule (1) of rule 4]
Report of Stocks
To
The..............
....................
......................
(b) Number...................
(b) Number..........................
(b) Number...................
(b) Number...................
6. Remarks, if any.............................
I do hereby declare that the information given above is true to the best of my
knowledge and belief.
Signature of the person making declaration
Place:
Date:
FORM III
[See sub-rule (2) of rule 5]
Appication for permission to purchase specified animal, etc.
To
The...................
.........................
........................
Sir,
(c) trophy.......................
(3) I/We hereby declare that to the best of my/our knowledge and belief the
information furnished herein true and complete.
Place:
Date:
Strike out whichever is not applicable.
FORM V
[See sub-rule (5) of rule 5]
Permission to purchase specified animal, etc.
(c) trophy.........................
Signature
Designation
Seal:
Place:
Date:
Note: This permission shall be valid up to a period of one month from the date of
issue.
FORM VI
To
The.........................
...............................
.................................
Sir,
(1) Species of specified animal or from which the animal article/uncured trophy is
derived...............
(2) Number...................
(8) Route..................
(10) Designation.......................
I hereby declare that to the best of my knowledge and belief the information
furnished herein is true and complete.
Place:
Date:
FORM VII
(ii) Route.....................
(iv) Remarks..............
Signature
Designation
Seal:
Place:
Date:
In exercise of the powers conferred by clause (a) of sub-section (1) of section of the
Wild Life (Protection) Act, 1972), the Central Government hereby makes the
following rules, namely:-
1. Short title and commencement.-(1) These rules may be called the Wild Life
(Stock Declaration) Central Rules, 1973.
(2) They shall come into force in the State of Madhya Pradesh on the 25th January,
1973, and in other States2 and Union Territories on such date as the Central
Government may, by notification appoint, and different dates may be appointed for
different States and Union Territorities.
To
(ii) Number......................
(ii) Number..........................
(ii) Number................
6. Remarks, if any................
I do hereby declare that the information given above is true to the best of my
knowledge and belief.
Place:
Date:
In exercise of the powers conferred by clause (a) of sub-section (1) of section 63,
read with clause (b) of sub-section (4) of section 44 of Wild Life (Protection) Act,
1972 (53 of 1972), the Central Government hereby makes the followingrules,
namely:-
(1) These rules may be called the Wild Life (Protection) Licensing (Additional Matters
for Consideration) Rules, 1983.
(2) They shall extend to the whole of India except the State of Jammu and Kashmir.
(3) They shall come into force on the date of their publication in the Official Gazette.
2. Definition.- In these Rules, unless the context otherwise requires, "Act" means
the Wild Life (Protection) Act, 1972(53 of 1972).
(i) capacity of the applicant to handle the bussiness concerned with reference to
facilities, equipment and suitability of the premises for such business;
(ii) the source and the manner in which the supplies for the business concerned
would be obtained.
(iii) number of licences for the relevant business already in existence in the area
concerned;
(iv) implications which the grant of such licence would have on the hunting or trade
of the wild animals concerned:
Provided that no such licence shall be granted if the said implications relate to any
wild animal specified in Schedule I or Part II of Schedule II to the Act, except with
the previous consultation of the Central Government.
(2) They shall come into force from the date 2 of their publication in the Official
Gazette.
(1) The notice to the Central Government or the State Government or any authorised
officer, as the case may be, shall be given in Form "A" annexed to these rules.
(2) The person giving notice to the Central Government or the State Government or
any authorised officer shall send the notice by registered post to :
(a) The Director of Wild Life Preservation, Government of India in the Ministry of
Environment and Forests, New Delhi; and
(b) (i) The Secretary to the State Government/Union Territory incharge of Wildlife,or
(ii) The Chief Wild Life Warden of the concerned State Government/Union Territory,
or
From :
............
............
...........
To :
................
.................
................
Whereas an offence under the Wild Life (Protection0 Act, 1972 has been
committed/is being committed by [Full name(s) and complete address (es).............]
And whereas the brief facts of the offence(s) are enclosed;
I/We hereby give notice of 60 days under section 55 of the Wild Life (Protection) Act,
1972 my/our intention to file a complaint in the Court of...........for violation of
section(s)...........of the Wild Life (Protection) Act, 1972.
I am/We are enclosing the following documents as evidence of proof of the violation
of the said Act.(Documentary evidence may include photographs/reports/statements
of witness (es) for enabling enquiry into the alleged violation/offence).
(1) These rules may be called Wild Life (Specified Plants-Conditions for Possession by
Licensee) Rules, 1995.
(2) These rules shall come into force from the date2 of commencement of provisions
of Chapter III-A of the Wild Life (Protection) Act, 1972.
2. Definitions.-In these rules, unless the context otherwise requires, "Act" means
the Wild Life (Protection) Act, 1972 (53 of 1972).
3.Conditions and other matters subject to which the licensee may keep any
specified plants in his custody or possession.-
(1) No licensee shall acquire or receive or keep in his control, custody or possession
any specified plant or part or derivative thereof in respect of which a declaration
under section 17E of Act has not been made.
(2) No licensee shall acquire, purchase or receive any specified plant or part or
derivative thereof from any person other than a licensed dealer in specified plants or
cultivatior having a license for cultivation of specified plants under the Act.
(3) Licensee shall keep the stock of specified plants so purchased by him only in the
premises approved by the Chief Wildlife Warden of the State.
6. Sub-sections (3) and (6) omitted by Act 44 of 1991, sec. 5 (w.e.f. 2-10-1991).
2. Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt. II, Sec. 3(i), p. 431, dated 2nd October 1980.
3. Vide Notification No.S.O. 859 (E), dated 24th November, 1986, pubished in the
Gazatte of India, Extra., Pt. II, Sec(i), 24th November, 1986.
1. Vide Notification No. S.O.859 (E), dated 24th November, 1986 published in the
Gazette of India, Extra., Pt. II. Sec.3(i), dated 24th November, 1986.
2. Vide Notification No. Fl-28/78 FRY (WL), dated 9th September, 1977, published in
the Gazette of India, Extra., Pt. II, Sec.3(i), p.431, dated 2nd October, 1980.
1. Vide Notification No. S.O. 859(E), dated 24th November , 1986, published in the
Gazette of India, Extra., Pt. II, Sec.3(i), dated 24th November, 1986.
3. Vide Notification No. Fl-28/78 FRY(WL), dated 19th September, 1980, published in
the Gazette of India, Extra., Pt. II, Sec. 3(i) p. 431, dated 2nd October, 1980.
1.Vide Notification No. S.O. 859(E), dated 24th November, published in the Gazette
of India, Extra, Pt.II, Sec.3(i), dated 24th November, 1986.
2. Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt. II, Sec.3(i), p.431, dated 2nd October, 1980.
3. Vide Notification No. FJ 11012/31/76 FRY(WL), dated 29th August, 1977,
published in the Gazette of India, Extra., Pt.II, Sec.3 (i), p.333, dated 3rd
September, 1977.
2. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the
Gazette of India, Extra., Pt. II, Sec.3(i), dated 24th November, 1986.
3. Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt.II, Sec.3(i), p.431, dated 2nd October, 1980.
1. Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt. II, Sec.3(i), p.431, dated 2nd October, 1980.
4. Vide Notification No. FJ 11012/31/76 FRY(WL), dated 5th October 1977, published
in the Gazette of India, Extra, Pt. II, Sec.3(i), p.385, dated 5th October, 1977.
5. Vide Notification No. S.O. 859(E) dated 24th November, 1986, published in the
Gazette of India, Extra, Pt. II, Sec. 3(i), dated 24th November, 1986.
1.Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt.II, Sec.3(i), p.431, dated 2nd October, 1980.
3. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the
Gazette of India, Extra., Pt. II, Sec.3(i), dated 24th November, 1986.
1. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the
Gazette of India, Extra., Pt.II, Sec.3(i), dated 24th November, 1986.
2. Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt.II, Sec.3(i), p.431, dated 2nd October, 1980.
3.Vide Notification No. FJ 11012/31/76 FRY(WL), dated 5th October, 1977, published
in the Gazette of India, Extra., Pt.II, Sec.3(i), p.385, dated 5th October, 1977.
1. Vide Notification No. FJ 11012/31/76 FRY(WL), dated 5th October, 1977,
published in the Gazette of India, Extra., Pt.II, Sec. 3(i), p.385,dated 5th October,
1977.
2. Vide Notification No. S.O. 859(E), dated 24th November, 1986 published in the
Gazette of India, Extra, Pt. II, Sec.3(i), dated 24th November, 1986.
4. Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt.II, Sec.3(i), p.431, dated 2nd October, 1980.
2. Vide Notification No. S.O. 859(E), dated 24th November, 1986, published in the
Gazette of India, Extra., Pt. II, Sec.3(i), dated 24th November, 1986.
3. Vide Notification No. Fl-28/78 FR(WL), dated 9th Semptember, 1980, published in
the Gazette of India, Extra., Pt.II, Sec.3(i), p.431, dated 2nd October, 1980.
4. Vide Notification dated No.FJ 11012/31/76 FRY(WL), dated 29th August, 1977,
published in the Gazette of India, Extra., Pt.II, Sec.3(i) dated 3rd September, 1977.
6. Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt. II, Sec.3(i), p.431, dated 2nd October, 1980.
2. Vide Notification No. Fl-28/78 FRY(WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt. II, Sec.3(i), p. 431, dated 2nd October, 1980.
1. Vide Notification No. G.S.R. 198(E), dated 9th April, 1973, published in the
Gazette of India, Extra, Pt. II, Sec.3(i), dated 9th April, 1973).
1.Subs. by Notification No. G.S.R. 712(E), dated 16th December, 1983, for "seven
days".
1. Vide Notification No. G.S.R. 29(E), published in the Gazette of India, Extra., Pt. II,
Sec.3(i), dated 25th January, 1973.
(i) Bihar, vide Notification No. G.S.R. 41(E), published in the Gazette of india, Extra,
Pt. II, Sec.3(i), dated 1st February, 1973.
(ii) Haryana, vide Notification No. G.S.R. 64(E), published in the Gazette of India,
Extra, Pt. II, Sec.3(i), dated 12th March, 1973.
(iii) Himachal Pradesh, vide Notification No. G.S.R. 191(E), published in the Gazette
of India, Extra, Pt. II, Sec.3(i), dated 2nd April, 1973.
(iv) Maharashtra, vide Notification No. G.S.R. 297(E), published in the Gazette of
India, Extra., Pt. II, Sec.3(i), dated 1st June, 1973.
(v) Pondicherry, vide Notification No. G.S.R. 63(E), published in the Gazette of India,
Extra., Pt. II, Sec.3(i), dated 1st March, 1975.
1. Vide Notification No. G.S.R. 328(E), dated 13th April, 1983, published in the
Gazette of India, Extra., Pt. II, Sec.3(i), dated 13th April, 1983.
2. 18-4-1995.
1. Vide G.S.R. 349 (E), dated 7th April, 1995. Published in the Gazette of India,
Extra., Part II, Sec.3(i), dated 18-4-1995).
2. 2-10-1991.