The Wild Life (Protection) Act, 1972
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 38A Constitution of Central Zoo Authority
1[38A. Constitution of Central Zoo Authority.-- (1) The Central Government shall constitute a body to be known as the Central Zoo Authority (hereinafter in this Chapter referred to as the Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
(2) The Authority shall consist of--
(a) chairperson;
(b) such number of members not exceeding ten; and
(c) Member-Secretary,
to be appointed by the Central Government.
(2) The Authority shall consist of--
(a) chairperson;
(b) such number of members not exceeding ten; and
(c) Member-Secretary,
to be appointed by the Central Government.
1. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).
Section 38B Term of office and conditions of service of Chairperson and members, etc.
1[8B. Term of office and conditions of service of Chairperson and members, etc.-- (1) The chairperson and every member 2other than the Member-Secretary] 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 persons continuance in office detrimental to the public interest
Provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment.
(5) The salaries and allowances and other conditions of appointment of chairperson, members and Member-Secretary of the Authority shall be such as may be prescribed.
(6) The Authority shall, with the previous sanction of the Central Government, employ such officers and other employees as it deems necessary to carry out the purposes of the Authority.
(7) The terms and conditions of service of the officers and other employees of the Authority shall be such as may be prescribed.
(8) No act or proceeding of the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the Authority.]
(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 persons continuance in office detrimental to the public interest
Provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment.
(5) The salaries and allowances and other conditions of appointment of chairperson, members and Member-Secretary of the Authority shall be such as may be prescribed.
(6) The Authority shall, with the previous sanction of the Central Government, employ such officers and other employees as it deems necessary to carry out the purposes of the Authority.
(7) The terms and conditions of service of the officers and other employees of the Authority shall be such as may be prescribed.
(8) No act or proceeding of the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the Authority.]
1. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).
2. Ins. by Act 16 of 2003, s. 22 (w.e.f.1-4-2003).
2. Ins. by Act 16 of 2003, s. 22 (w.e.f.1-4-2003).
Section 38C Functions of the Authority
1[38C. Functions of the Authority.-- The Authority shall perform the following functions, namely:--
(a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo;
(b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed;
(c) recognise or derecognise zoos;
(d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo;
(e) co-ordinate the acquisition, exchange and loaning of animals for breeding purposes;
(f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity;
(g) identify priorities and themes with regard to display of captive animals in a zoo;
(h) co-ordinate training of zoo personnel in India and outside India;
(i) co-ordinate research in captive breeding and educational programmes for the purposes of zoos;
(j) provide technical and other assistance to zoos for their proper management and development on scientific lines;
(k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos.]
(a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo;
(b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed;
(c) recognise or derecognise zoos;
(d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo;
(e) co-ordinate the acquisition, exchange and loaning of animals for breeding purposes;
(f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity;
(g) identify priorities and themes with regard to display of captive animals in a zoo;
(h) co-ordinate training of zoo personnel in India and outside India;
(i) co-ordinate research in captive breeding and educational programmes for the purposes of zoos;
(j) provide technical and other assistance to zoos for their proper management and development on scientific lines;
(k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos.]
1. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).
Section 38D Procedure to be regulated by the Authority.
1[38D. Procedure to be regulated by the Authority.-- (1) The Authority shall meet as and when necessary and shall meet at such time and place as the chairperson may think fit.
(2) The Authority shall regulate its own procedure.
(3) All orders and decisions of the Authority shall be authenticated by the Member-Secretary or any other officer of the Authority duly authorised by the Member-Secretary in this behalf.]
(2) The Authority shall regulate its own procedure.
(3) All orders and decisions of the Authority shall be authenticated by the Member-Secretary or any other officer of the Authority duly authorised by the Member-Secretary in this behalf.]
1. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).
Section 38E Grants and loans to Authority and Constitution of Fund.
1[38E.Grants and loans to Authority and Constitution of Fund.-- (1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary.
(2) There shall be constituted a Fund to be called the Central Zoo Authority Fund and there shall be credited thereto any grants and loans made to the Authority by the Central Government, all fees and charges received by the Authority under this Act and all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Authority and the expenses of the Authority in the discharge of its functions under this Chapter and expenses on objects and for purposes authorised by this Act.
(4) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(5) The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General.
(6) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority.
(7) The accounts of the Authority, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority.]
(2) There shall be constituted a Fund to be called the Central Zoo Authority Fund and there shall be credited thereto any grants and loans made to the Authority by the Central Government, all fees and charges received by the Authority under this Act and all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Authority and the expenses of the Authority in the discharge of its functions under this Chapter and expenses on objects and for purposes authorised by this Act.
(4) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(5) The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General.
(6) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority.
(7) The accounts of the Authority, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority.]
1. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).
Section 38F Annual report.
1[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.]
1. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).
Section 38G Annual report and audit report to be laid before Parliament.
1[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 nonacceptance, 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.]
1. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).
Section 38H Recognition of zoos.
1[38H. Recognition of zoos.--(1) No zoo shall be operated without being recognised by the Authority:
Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991(44 of 1991) may continue to operate without being recognised for a period of2[eighteen months from the date of such commencement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal.
3[(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) a zoo shall not be established without obtaining the prior approval of the Authority.]
(2) Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed.
(3) Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo.
(4) No recognition to a zoo shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted.
(5) No application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard.
(6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section (4):
Provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard.
(7) An appeal from an order refusing to recognise a zoo under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall lie to the Central Government.
(8) An appeal under sub-section (7) shall be preferred within thirty days from the date of communication to the applicant of the order appealed against:
Provided that the Central Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991(44 of 1991) may continue to operate without being recognised for a period of2[eighteen months from the date of such commencement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal.
3[(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) a zoo shall not be established without obtaining the prior approval of the Authority.]
(2) Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed.
(3) Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo.
(4) No recognition to a zoo shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted.
(5) No application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard.
(6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section (4):
Provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard.
(7) An appeal from an order refusing to recognise a zoo under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall lie to the Central Government.
(8) An appeal under sub-section (7) shall be preferred within thirty days from the date of communication to the applicant of the order appealed against:
Provided that the Central Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
1. Ins. by s. 26, ibid. (w.e.f. 2-10-1991).
2. Subs. by Act 26 of 1993, s. 2, for "six months from the date of such commencement " (w.e.f. 4-8-1992).
3. Ins. by Act 16 of 2003, s. 23 (w.e.f. 1-4-2003).
2. Subs. by Act 26 of 1993, s. 2, for "six months from the date of such commencement " (w.e.f. 4-8-1992).
3. Ins. by Act 16 of 2003, s. 23 (w.e.f. 1-4-2003).
Section 38I Acquisition of animals by a zoo.
1[38-I. Acquisition of animals by a zoo.-- (1) Subject to the other provisions of this Act, no zoo shall acquire, sell or transfer any wild animal or captive animal specified in S Schedules I 2*** except with the previous permission of the Authority.
(2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.]
3Provided that nothing in this sub-section shall apply to a conservation breeding centre.]
(2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.]
3Provided that nothing in this sub-section shall apply to a conservation breeding centre.]
1. Subs. by Act 16 of 2003, s. 24, for section 38-I (w.e.f. 1-4-2003).
2. The word and figures "and II" omitted by Act 18 of 2022, s. 17 (w.e.f. 1-4-2023).
3. Ins. by s. 17, ibid, (w.e.f. 1-4-2023).
2. The word and figures "and II" omitted by Act 18 of 2022, s. 17 (w.e.f. 1-4-2023).
3. Ins. by s. 17, ibid, (w.e.f. 1-4-2023).
Section 38J Prohibition of teasing, etc., in a zoo.
1[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.]
1. Subs. by Act 16 of 2003, s. 24, for section 38-I (w.e.f. 1-4-2003).
Section 38K Definitions
138K. Definitions.-- In this Chapter,--
(a) "National Tiger Conservation Authority" means the Tiger Conservation Authority constituted under section 38L;
(b) "Steering Committee" means the Committee constituted under section 38U;
(c) "Tiger Conservation Foundation" means the foundation established under section 38X;
(d) "tiger reserve State" means a State having tiger reserve;
(e) "tiger reserve" means the areas notified as such under section 38V.
(a) "National Tiger Conservation Authority" means the Tiger Conservation Authority constituted under section 38L;
(b) "Steering Committee" means the Committee constituted under section 38U;
(c) "Tiger Conservation Foundation" means the foundation established under section 38X;
(d) "tiger reserve State" means a State having tiger reserve;
(e) "tiger reserve" means the areas notified as such under section 38V.
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38L Constitution of National Tiger Conservation Authority.
1[38L.Constitution of National Tiger Conservation Authority.-- (1) The Central Government shall constitute a body to be known as the National Tiger Conservation Authority (hereinafter in this Chapter referred to as the Tiger Conservation Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
(2) The Tiger Conservation Authority shall consist of the following members, namely:--
(a) the Minister in charge of the Ministry of Environment and Forests---Chairperson;
(b) the Minister of State in the Ministry of Environment and Forests---Vice-Chairperson;
(c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States;
(d) eight experts or professionals having prescribed qualifications and experience in conservation of wild life and welfare of people living in tiger reserve out of which at least two shall be from the field of tribal development;
(e) Secretary, Ministry of Environment and Forests;
(f) Director General of Forests and Special Secretary, Ministry of Environment and Forests;
(g) Director, Wild Life Preservation, Ministry of Environment and Forests;
(h) six Chief Wild Life Wardens from the tiger reserve States in rotation for three years;
(i) an officer not below the rank of Joint Secretary and Legislative Counsel from the Ministry of Law and Justice;
(j) Secretary, Ministry of Tribal Affairs;
(k) Secretary, Ministry of Social Justice and Empowerment;
(l) Chairperson, National Commission for the Scheduled Tribes;
(m) Chairperson, National Commission for the Scheduled Castes;
(n) Secretary, Ministry of Panchayati Raj;
(o) 2[an officer not below the rank of Inspector General of Forests] having at least ten years experience in a tiger reserve or wildlife management, who shall be the Member-Secretary,,
to be notified by the Central Government, in the Official Gazette.
(3) It is hereby declared that the office of member of the Tiger Conservation Authority shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.]
(2) The Tiger Conservation Authority shall consist of the following members, namely:--
(a) the Minister in charge of the Ministry of Environment and Forests---Chairperson;
(b) the Minister of State in the Ministry of Environment and Forests---Vice-Chairperson;
(c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States;
(d) eight experts or professionals having prescribed qualifications and experience in conservation of wild life and welfare of people living in tiger reserve out of which at least two shall be from the field of tribal development;
(e) Secretary, Ministry of Environment and Forests;
(f) Director General of Forests and Special Secretary, Ministry of Environment and Forests;
(g) Director, Wild Life Preservation, Ministry of Environment and Forests;
(h) six Chief Wild Life Wardens from the tiger reserve States in rotation for three years;
(i) an officer not below the rank of Joint Secretary and Legislative Counsel from the Ministry of Law and Justice;
(j) Secretary, Ministry of Tribal Affairs;
(k) Secretary, Ministry of Social Justice and Empowerment;
(l) Chairperson, National Commission for the Scheduled Tribes;
(m) Chairperson, National Commission for the Scheduled Castes;
(n) Secretary, Ministry of Panchayati Raj;
(o) 2[an officer not below the rank of Inspector General of Forests] having at least ten years experience in a tiger reserve or wildlife management, who shall be the Member-Secretary,,
to be notified by the Central Government, in the Official Gazette.
(3) It is hereby declared that the office of member of the Tiger Conservation Authority shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
2. Subs. by Act 18 of 2022, s. 18, for "Inspector General of Forests or an officer of the equivalent rank" (w.e.f. 1-4-2023).
2. Subs. by Act 18 of 2022, s. 18, for "Inspector General of Forests or an officer of the equivalent rank" (w.e.f. 1-4-2023).
Section 38M Term of office and conditions of service of members.
1[38M. Term of office and conditions of service of members.-- (1) A member nominated under clause (d) of sub-section (2) of section 38L shall hold office for such period not exceeding three years:
Provided that a member may, by writing under his hand addressed to the Central Government, resign from his office.
(2) The Central Government shall remove a member referred to in clause (d) of sub-section (2) of section 38L, from office if he--
(a) is, or at any time has been, adjudicated as insolvent;
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
(c) is 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 Tiger Conservation Authority, absent from three consecutive meetings of the said Authority; or
(f) has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest:
Provided that no member shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter.
(3) Any vacancy in the office of a member shall be filled by fresh appointment and such member shall continue for the remainder of the term of the member in whose place he is appointed.
(4) The salaries and allowances and other conditions of appointment of the members of the Tiger Conservation Authority shall be such as may be prescribed.
(5) No act or proceeding of the Tiger Conservation Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Tiger Conservation Authority.]
Provided that a member may, by writing under his hand addressed to the Central Government, resign from his office.
(2) The Central Government shall remove a member referred to in clause (d) of sub-section (2) of section 38L, from office if he--
(a) is, or at any time has been, adjudicated as insolvent;
(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
(c) is 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 Tiger Conservation Authority, absent from three consecutive meetings of the said Authority; or
(f) has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest:
Provided that no member shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter.
(3) Any vacancy in the office of a member shall be filled by fresh appointment and such member shall continue for the remainder of the term of the member in whose place he is appointed.
(4) The salaries and allowances and other conditions of appointment of the members of the Tiger Conservation Authority shall be such as may be prescribed.
(5) No act or proceeding of the Tiger Conservation Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Tiger Conservation Authority.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38N Officers and employees of Tiger Conservation Authority.
1[38N. Officers and employees of Tiger Conservation Authority.-- (1) The Tiger Conservation Authority may, with the previous sanction of the Central Government, appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act:
Provided that the officers and employees holding office under the Directorate of Project Tiger and dealing with Project Tiger immediately before the date of constitution of the Tiger Conservation Authority shall continue to hold office in the said Authority by the same tenure and upon the same terms and conditions of service or until the expiry of the period of six months from that date if such employee opts not to be' the employee of that Authority.
(2) The terms and conditions of service of the officers and other employees of the Tiger Conservation Authority shall be such as may be prescribed.]
Provided that the officers and employees holding office under the Directorate of Project Tiger and dealing with Project Tiger immediately before the date of constitution of the Tiger Conservation Authority shall continue to hold office in the said Authority by the same tenure and upon the same terms and conditions of service or until the expiry of the period of six months from that date if such employee opts not to be' the employee of that Authority.
(2) The terms and conditions of service of the officers and other employees of the Tiger Conservation Authority shall be such as may be prescribed.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38O Powers and functions of Tiger Conservation Authority.
1[38O. Powers and functions of Tiger Conservation Authority.-- (1) The Tiger Conservation Authority shall have the following powers and perform the following functions, namely:--
(a) to approve the Tiger Conservation Plan prepared by the State Government under sub-section (5) of section 38V of this Act;
(b) evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the tiger reserves;
(c) lay down normative standards for tourism activities and guidelines for project tiger from time to time for tiger conservation in the buffer and core area of tiger reserves and ensure their due compliance;
(d) provide for management focus and measures for addressing conflicts of men and wild animals and to emphasise on co-existence in forest areas outside the National Parks, sanctuaries or tiger reserve, in the working plan code;
(e) provide information on protection measures including future conservation plan, estimation of population of tiger and its natural prey species, status of habitats, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit including future plan conservation;
(f) approve, co-ordinate research and monitoring on tiger, co-predators, prey, habitat, related ecological and socio-economic parameters and their evaluation;
(g) ensure that the tiger reserves and areas linking one protected area or tiger reserve with another protected area or tiger reserve are not diverted for ecologically unsustainable uses, except in public interest and with the approval of the National Board for Wild Life and on the advice of the Tiger Conservation Authority;
(h) facilitate and support the tiger reserve management in the State for biodiversity conservation initiatives through eco-development and peoples participation as per approved management plans and to support similar initiatives in adjoining areas consistent with the Central and State laws;
(i) ensure critical support including scientific, information technology and legal support for better implementation of the tiger conservation plan;
(j) facilitate ongoing capacity building programme for skill development of officers and staff of tiger reserves; and
(k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to conservation of tigers and their habitat.
(2) The Tiger Conservation Authority may, in the exercise of its powers and performance of its functions under this Chapter, issue directions in writing to any person, officer or authority for the protection of tiger or tiger reserves and such person, officer or authority shall be bound to comply with the directions:
Provided that no such direction shall interfere with or affect the rights of local people particularly the Scheduled Tribes.]
(a) to approve the Tiger Conservation Plan prepared by the State Government under sub-section (5) of section 38V of this Act;
(b) evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the tiger reserves;
(c) lay down normative standards for tourism activities and guidelines for project tiger from time to time for tiger conservation in the buffer and core area of tiger reserves and ensure their due compliance;
(d) provide for management focus and measures for addressing conflicts of men and wild animals and to emphasise on co-existence in forest areas outside the National Parks, sanctuaries or tiger reserve, in the working plan code;
(e) provide information on protection measures including future conservation plan, estimation of population of tiger and its natural prey species, status of habitats, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit including future plan conservation;
(f) approve, co-ordinate research and monitoring on tiger, co-predators, prey, habitat, related ecological and socio-economic parameters and their evaluation;
(g) ensure that the tiger reserves and areas linking one protected area or tiger reserve with another protected area or tiger reserve are not diverted for ecologically unsustainable uses, except in public interest and with the approval of the National Board for Wild Life and on the advice of the Tiger Conservation Authority;
(h) facilitate and support the tiger reserve management in the State for biodiversity conservation initiatives through eco-development and peoples participation as per approved management plans and to support similar initiatives in adjoining areas consistent with the Central and State laws;
(i) ensure critical support including scientific, information technology and legal support for better implementation of the tiger conservation plan;
(j) facilitate ongoing capacity building programme for skill development of officers and staff of tiger reserves; and
(k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to conservation of tigers and their habitat.
(2) The Tiger Conservation Authority may, in the exercise of its powers and performance of its functions under this Chapter, issue directions in writing to any person, officer or authority for the protection of tiger or tiger reserves and such person, officer or authority shall be bound to comply with the directions:
Provided that no such direction shall interfere with or affect the rights of local people particularly the Scheduled Tribes.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38P Procedure to be regulated by Tiger Conservation Authority.
38P. Procedure to be regulated by Tiger Conservation Authority(1) The Tiger Conservation Authority shall meet at such time and at such place as the Chairperson may think fit.
(2) The Chairperson or in his absence the Vice-Chairperson shall preside over the meetings of the Tiger Conservation Authority.
(3) The Tiger Conservation Authority shall regulate its own procedure.
(4) All orders and decisions of the Tiger Conservation Authority shall be authenticated by the Member-Secretary or any other officer of the said Authority duly authorised by the Member-Secretary in this behalf.
(2) The Chairperson or in his absence the Vice-Chairperson shall preside over the meetings of the Tiger Conservation Authority.
(3) The Tiger Conservation Authority shall regulate its own procedure.
(4) All orders and decisions of the Tiger Conservation Authority shall be authenticated by the Member-Secretary or any other officer of the said Authority duly authorised by the Member-Secretary in this behalf.
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38Q Grants and loans to Tiger Conservation Authority and Constitution of Fund.
1[38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund.-- (1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Tiger Conservation Authority grants and loans of such sums of money as that Government may consider necessary.
(2) There shall be constituted a Fund to be called the Tiger Conservation Authority Fund and there shall be credited thereto--
(i) any grants and loans made to the Tiger Conservation Authority by the Central Government;
(ii) all fees and charges received by the Tiger Conservation Authority under this Act; and
(iii) all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Tiger Conservation Authority and the expenses of the Tiger Conservation Authority incurred in the discharge of its functions under this Chapter.]
(2) There shall be constituted a Fund to be called the Tiger Conservation Authority Fund and there shall be credited thereto--
(i) any grants and loans made to the Tiger Conservation Authority by the Central Government;
(ii) all fees and charges received by the Tiger Conservation Authority under this Act; and
(iii) all sums received by the Authority from such other sources as may be decided upon by the Central Government.
(3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Tiger Conservation Authority and the expenses of the Tiger Conservation Authority incurred in the discharge of its functions under this Chapter.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38R Accounts and audit of Tiger Conservation Authority.
1[38R. Accounts and audit of Tiger Conservation Authority. -- (1) The Tiger Conservation Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Tiger Conservation Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Tiger Conservation Authority to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Tiger Conservation Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Tiger Conservation Authority.
(4) The accounts of the Tiger Conservation Authority as certified by the Comptroller and AuditorGeneral of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the Tiger Conservation Authority.]
(2) The accounts of the Tiger Conservation Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Tiger Conservation Authority to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Tiger Conservation Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Tiger Conservation Authority.
(4) The accounts of the Tiger Conservation Authority as certified by the Comptroller and AuditorGeneral of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the Tiger Conservation Authority.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38S Annual report of Tiger Conservation Authority.
1[38S. Annual report of Tiger Conservation Authority.-- The Tiger Conservation 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.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38T Annual report and audit report to be laid before Parliament.
1[38T. 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, insofar as they relate to the Central Government, and the reasons for the nonacceptance, 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.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).