The Wild Life (Protection) Act, 1972
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 17 Omitted..
.[Restrictions on hunting].--- Omitted by, s. 12, ibid. (w.e.f. 2-10-1991).
Section 17A Prohibition of picking, uprooting, etc. of specified plant.
1[17A. Prohibition of picking, uprooting, etc. of specified plant.--Save as otherwise provided in this Chapter, no person shall--
(a) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government;
(b) posses, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof:
Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the provisions of Chapter IV, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bona fide personal use.]
(a) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government;
(b) posses, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof:
Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the provisions of Chapter IV, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bona fide personal use.]
1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).
Section 17B Grants of permit for special purposes.
1[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 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 institution; or
(d) propagation by a person or an institution approved by the Central Government in this regard.]
(a) education;
(b) scientific research;
(c) collection, preservation and display in a herbarium of any scientific institution; or
(d) propagation by a person or an institution approved by the Central Government in this regard.]
1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).
Section 17C Cultivation of specified plants without licence prohibited.
1[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 (44 of 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 (44 of 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.]
1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).
Section 17D Dealing in specified plants without licence prohibited.
1[17D. Dealing in specified plants without licence prohibited.-- (1) No person shall, except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivate thereof:
Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 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.]
Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 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.]
1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).
Section 17E Declaration of stock. 2 docs
1[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 (44 of 1991) declare to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, his stocks of such plants and part or derivative thereof, as the case may be, on the date of such commencement.
(2) The provisions of sub-sections (3) to (8) (both inclusive) of section 44, section 45, section 46 and section 47 shall, as far as may be, apply in relation to an application and a licence referred to in section 17C and section 17D as they apply in relation to the licence or business in animals or animal articles.]
(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.]
1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).
Section 17F Possession, etc., of plants by licensee
1[17F. Possession, etc., of plants by licensee.-- No licensee under this Chapter shall--
(a) keep in his control, custody or possession--
(i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made;
(ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;
(b) (i) pick, uproot, collect or acquire any specified plant, or
(ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof,
except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act.]
(a) keep in his control, custody or possession--
(i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made;
(ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;
(b) (i) pick, uproot, collect or acquire any specified plant, or
(ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof,
except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act.]
1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).
Section 17G Purchase, etc., of specified plants.
1[17G. Purchase, etc., of specified plants.--No person shall purchase, receive or acquire any specified plant or part or derivative thereof otherwise than from a licensed dealer:
Provided that nothing in this section shall apply to any person referred to in section 17B.]
Provided that nothing in this section shall apply to any person referred to in section 17B.]
1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).
Section 17H Plants to be Government property.
1[17H. Plants to be Government property.--(1) Every specified plant or part or derivative thereof, in respect of which any offence against this Act or any rule or order made thereunder has been committed, shall be the property of the State Government, and, where such plant or part or derivative thereof has been collected or acquired from a sanctuary or National Park declared by the Central Government, such plant or part or derivative thereof shall be the property of the Central Government.
(2) The provisions of sub-sections (2) and (3) of section 39 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof or they apply in relation to wild animals and articles referred to in sub-section (1) of that section.]
(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.]
1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).
Section 18 Declaration of sanctuary.
1[18. Declaration of sanctuary.-- 2[(1) The State Government may, by notification, declare its intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.]
(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 this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.]
(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 this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.]
1. Subs. by Act 16 of 2003, s. 10 for the heading (w.e.f. 1-4-2003).
2. Subs. by Act 44 of 1991, s. 15, for sub-section (1) (w.e.f. 2-10-1991).
2. Subs. by Act 44 of 1991, s. 15, for sub-section (1) (w.e.f. 2-10-1991).
Section 18A Protection to sanctuaries
1[18A. Protection to sanctuaries.--(1) When the State Government declares its intention under sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith.
(2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.]
(2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.]
1. Ins. by Act 16 of 2003, s. 11 (w.e.f. 1-4-2003).
Section 18B Appointment of Collectors.
1[18B. Appointment of Collectors.-- The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under sub-section (1) of section 18.]
1. Ins. by Act 16 of 2003, s. 11 (w.e.f. 1-4-2003).
Section 19 Collector to determine rights.
1[When a notification has been issued under section 18,] the Collector shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary.
1. Subs. by Act 44 of 1991, s. 16, for "Whenever any area is declared to be a sanctuary" (w.e.f. 2-10-1991).
Section 20 Bar of accrual of rights.
After the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.
Section 21 Proclamation by Collector.
When a notification has been issued under section 18, the Collector shall1[within a period of sixty days] 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 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 compensation, if any, claimed in respect thereof.
(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 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 compensation, if any, claimed in respect thereof.
1. Ins. by Act 16 of 2003, s. 12 (w.e.f. 1-4-2003).
Section 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.
(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.
Section 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.
(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.
Section 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 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 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 on payment of such compensation, as is provided in the 1[Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).]
2[(c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.]
(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 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 on payment of such compensation, as is provided in the 1[Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).]
2[(c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.]
1. Sub. by Act 18 of 2022, s. 8, for "Land Acquisition Act, 1894 (1 of 1894)" (w.e.f. 1-4-2023).
2. Ins. by Act 44 of 1991, s. 17 (w.e.f. 2-10-1991).
2. Ins. by Act 44 of 1991, s. 17 (w.e.f. 2-10-1991).
Section 25 Acquisition 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 1[Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013);]
(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under 2[section 21ic] of that Act;
(c) the provisions of the sections, preceding 2[section 21] of that Act, shall be deemed to have been complied with;
(d) where the claimant does not accept the award made in his favour ha the matter of compensation, he shall be deemed, within the meaning of 3[section 64] 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 provisions of 3[Chapter VIII] of that Act;
(e) the Collector, with the consent of the claimant, or 4[the Authority], 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.
5[Explanation.--The expression "Authority" referred to in clause (e), shall mean the Land Acquisition, Rehabilitation and Resettlement Authority established under section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).]
(2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose.
(a) the Collector shall be deemed to be a Collector, proceeding under the 1[Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013);]
(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under 2[section 21ic] of that Act;
(c) the provisions of the sections, preceding 2[section 21] of that Act, shall be deemed to have been complied with;
(d) where the claimant does not accept the award made in his favour ha the matter of compensation, he shall be deemed, within the meaning of 3[section 64] 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 provisions of 3[Chapter VIII] of that Act;
(e) the Collector, with the consent of the claimant, or 4[the Authority], 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.
5[Explanation.--The expression "Authority" referred to in clause (e), shall mean the Land Acquisition, Rehabilitation and Resettlement Authority established under section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).]
(2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose.
1. Subs. by Act 18 of 2022, s. 9, for "Land Acquisition Act, 1894 (1 of 1894)" (w.e.f. 1-4-2023).
2. Subs. by s. 9, ibid., for "ection 9" (w.e.f. 1-4-2023).
3. Subs. by s. 9, ibid., for "section 18" and "Part III" (w.e.f. 1-4-2023).
4. Subs. by s. 9, ibid., for "the Court" (w.e.f. 1-4-2023).
5. Ins. by s. 9, ibid, (w.e.f. 1-4-2023).
2. Subs. by s. 9, ibid., for "ection 9" (w.e.f. 1-4-2023).
3. Subs. by s. 9, ibid., for "section 18" and "Part III" (w.e.f. 1-4-2023).
4. Subs. by s. 9, ibid., for "the Court" (w.e.f. 1-4-2023).
5. Ins. by s. 9, ibid, (w.e.f. 1-4-2023).
Section 25A Time-limit for completion of acquisition proceedings.
1[25A. Time-limit for completion of acquisition proceedings.--(1) The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18.
(2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.]
(2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.]
1. Ins. by Act 16 of 2003, s. 13 (w.e.f. 1-4-2003).