The Wild Life (Protection) Act, 1972
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 38U Constitution of Steering Committee.
1[38U. Constitution of Steering Committee.--(1) The State Government may constitute a Steering Committee for ensuring co-ordination, monitoring, protection and conservation of tiger, co-predators and prey animals within the tiger range States.
(2) The Steering Committee shall consists of--
(a) the Chief Minister ---Chairperson;
(b) the Minister in-charge of Wild Life ---Vice-Chairperson;
(c) such number of official members not exceeding five including at least two Field Directors of tiger reserve or Director of National Park and one from the State Government's Departments dealing with tribal affairs;
(d) three experts or professionals having qualifications and experience in conservation of wild life of which at least one shall be from the field of tribal development,
(e) two members from the State's Tribal Advisory Council;
(f) one representative each from State Government's Departments dealing with Panchayati Raj and Social Justice and Empowerment;
(g) Chief Wild Life Warden of the State shall be the Member-Secretary, ex officio,
to be notified by the State Government, in the Official Gazette.
(2) The Steering Committee shall consists of--
(a) the Chief Minister ---Chairperson;
(b) the Minister in-charge of Wild Life ---Vice-Chairperson;
(c) such number of official members not exceeding five including at least two Field Directors of tiger reserve or Director of National Park and one from the State Government's Departments dealing with tribal affairs;
(d) three experts or professionals having qualifications and experience in conservation of wild life of which at least one shall be from the field of tribal development,
(e) two members from the State's Tribal Advisory Council;
(f) one representative each from State Government's Departments dealing with Panchayati Raj and Social Justice and Empowerment;
(g) Chief Wild Life Warden of the State shall be the Member-Secretary, ex officio,
to be notified by the State Government, in the Official Gazette.
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38V Tiger Conservation Plan.
1[38V. Tiger Conservation Plan.-- (1) The State Government shall, on the recommendation of the Tiger Conservation Authority, notify an area as a tiger reserve.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30,32 and clauses (b) and (c) of section 33 of this Act shall, as far as may be, apply in relation to a tiger reserve as they apply in relation to a sanctuary.
(3) The State Government shall prepare a Tiger Conservation Plan including staff development and deployment plan for the proper management of each area referred to in sub-section (1), so as to ensure--
(a) protection of tiger reserve and providing site specific habitat inputs for a viable population of tigers, co-predators and prey animals without distorting the natural prey-predator ecological cycle in the habitat;
(b) ecologically compatible land uses in the tiger reserves and areas linking one protected area or tiger reserve with another for addressing the livelihood concerns of local people, so as to provide dispersal habitats and corridor for spill over population of wild animals from the designated core areas of tiger reserves or from tiger breeding habitats within other protected areas;
(c) the forestry operations of regular forest divisions and those adjoining tiger reserves are not incompatible with the needs of tiger conservation.
(4) Subject to the provisions contained in this Act, the State Government shall, while preparing a Tiger Conservation Plan, ensure the agricultural, livelihood, developmental and other interests of the people living in tiger bearing forests or a tiger reserve,
Explanation.-- For the purposes of this section, the expression "tiger reserve" includes--
(i) core or critical tiger habitat areas of National Parks and sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers, and. notified as such by the State Government in consultation with an Expert Committee constituted for the purpose;
(ii) buffer or peripheral area consisting of the area peripheral to critical tiger habitat or core area, identified and established in accordance with the provisions contained in Explanation (i) above, where a lesser degree of habitat protection is required to ensure the integrity of the critical tiger habitat with adequate dispersal for tiger species, and which aim at promoting co-existence between wildlife and human activity with due recognition of the livelihood, developmental, social and cultural rights of the local people, wherein the limits of such areas are determined on the basis of scientific and objective criteria in consultation with the concerned Gram Sabha and an Expert Committee constituted for the purpose.
(5) Save as for voluntary relocation on mutually agreed terms and conditions, provided that such terms and conditions satisfy the requirements laid down in this sub-section, no Scheduled Tribes or other forest dwellers shall be resettled or have their rights adversely affected for the purpose of creating inviolate areas for tiger conservation unless--
(i) the process of recognition and determination of rights and acquisition of land or forest rights of the Scheduled Tribes and such other forest dwelling persons is complete;
(ii) the concerned agencies of the State Government, in exercise of their powers under this Act, establishes with the consent of the Scheduled Tribes and such other forest dwellers in the area, and in consultation with an ecological and social scientist familiar with the area, that the activities of the Scheduled Tribes and other forest dwellers or the impact of their presence upon wild animals is sufficient to cause irreversible damage and shall threaten the existence of tigers and their habitat;
(iii) the State Government, after obtaining the consent of the Scheduled Tribes and other forest dwellers inhabiting the area, and in consultation with an independent ecological and social scientist familiar with the area, has come to a conclusion that other reasonable options of co-existence, are not available;
(iv) resettlement or alternative package has been prepared providing for livelihood for the affected individuals and communities and fulfils the requirements given in the National Relief and Rehabilitation Policy;
(v) the informed consent of the Gram Sabha concerned, and of the persons affected, to the resettlement programme has been obtained; and
(vi) the facilities and land allocation at the resettlement location are provided under the said programme, otherwise their existing rights shall not be interfered with.]
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30,32 and clauses (b) and (c) of section 33 of this Act shall, as far as may be, apply in relation to a tiger reserve as they apply in relation to a sanctuary.
(3) The State Government shall prepare a Tiger Conservation Plan including staff development and deployment plan for the proper management of each area referred to in sub-section (1), so as to ensure--
(a) protection of tiger reserve and providing site specific habitat inputs for a viable population of tigers, co-predators and prey animals without distorting the natural prey-predator ecological cycle in the habitat;
(b) ecologically compatible land uses in the tiger reserves and areas linking one protected area or tiger reserve with another for addressing the livelihood concerns of local people, so as to provide dispersal habitats and corridor for spill over population of wild animals from the designated core areas of tiger reserves or from tiger breeding habitats within other protected areas;
(c) the forestry operations of regular forest divisions and those adjoining tiger reserves are not incompatible with the needs of tiger conservation.
(4) Subject to the provisions contained in this Act, the State Government shall, while preparing a Tiger Conservation Plan, ensure the agricultural, livelihood, developmental and other interests of the people living in tiger bearing forests or a tiger reserve,
Explanation.-- For the purposes of this section, the expression "tiger reserve" includes--
(i) core or critical tiger habitat areas of National Parks and sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers, and. notified as such by the State Government in consultation with an Expert Committee constituted for the purpose;
(ii) buffer or peripheral area consisting of the area peripheral to critical tiger habitat or core area, identified and established in accordance with the provisions contained in Explanation (i) above, where a lesser degree of habitat protection is required to ensure the integrity of the critical tiger habitat with adequate dispersal for tiger species, and which aim at promoting co-existence between wildlife and human activity with due recognition of the livelihood, developmental, social and cultural rights of the local people, wherein the limits of such areas are determined on the basis of scientific and objective criteria in consultation with the concerned Gram Sabha and an Expert Committee constituted for the purpose.
(5) Save as for voluntary relocation on mutually agreed terms and conditions, provided that such terms and conditions satisfy the requirements laid down in this sub-section, no Scheduled Tribes or other forest dwellers shall be resettled or have their rights adversely affected for the purpose of creating inviolate areas for tiger conservation unless--
(i) the process of recognition and determination of rights and acquisition of land or forest rights of the Scheduled Tribes and such other forest dwelling persons is complete;
(ii) the concerned agencies of the State Government, in exercise of their powers under this Act, establishes with the consent of the Scheduled Tribes and such other forest dwellers in the area, and in consultation with an ecological and social scientist familiar with the area, that the activities of the Scheduled Tribes and other forest dwellers or the impact of their presence upon wild animals is sufficient to cause irreversible damage and shall threaten the existence of tigers and their habitat;
(iii) the State Government, after obtaining the consent of the Scheduled Tribes and other forest dwellers inhabiting the area, and in consultation with an independent ecological and social scientist familiar with the area, has come to a conclusion that other reasonable options of co-existence, are not available;
(iv) resettlement or alternative package has been prepared providing for livelihood for the affected individuals and communities and fulfils the requirements given in the National Relief and Rehabilitation Policy;
(v) the informed consent of the Gram Sabha concerned, and of the persons affected, to the resettlement programme has been obtained; and
(vi) the facilities and land allocation at the resettlement location are provided under the said programme, otherwise their existing rights shall not be interfered with.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38W Alteration and de-notification of tiger reserves.
38W. Alteration and de-notification of tiger reserves.--(1) No alteration in the boundaries of a tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the National Board for Wild Life.
(2) No State Government shall de-notify a tiger reserve, except in public interest with the approval of the Tiger Conservation Authority and the National Board for Wild Life.]
(2) No State Government shall de-notify a tiger reserve, except in public interest with the approval of the Tiger Conservation Authority and the National Board for Wild Life.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38X Establishment of Tiger Conservation Foundation.
1[38X. Establishment of Tiger Conservation Foundation.--(1) The State Government shall establish a Tiger Conservation Foundation for tiger reserves within the State in order to facilitate and support their management for conservation of tiger and biodiversity and, to take initiatives in eco-development by involvement of people in such development process.
(2) The Tiger Conservation Foundation shall, inter alia, have the following objectives:--
(a) to facilitate ecological, economic, social and cultural development in the tiger reserves;
(b) to promote eco-tourism with the involvement of local stake-holder communities and provide support to safeguard the natural environment in the tiger reserves;
(c) to facilitate the creation of, and or maintenance of, such assets as may be necessary for fulfilling the above said objectives;
(d) to solicit technical, financial, social, legal and other support required for the activities of the Foundation for achieving the above said objectives;
(e) to augment and mobilise financial resources including recycling of entry and such other fees received in a tiger reserve, to foster stake-holder development and eco-tourism;
(f) to support research, environmental education and training in the above related fields.]
(2) The Tiger Conservation Foundation shall, inter alia, have the following objectives:--
(a) to facilitate ecological, economic, social and cultural development in the tiger reserves;
(b) to promote eco-tourism with the involvement of local stake-holder communities and provide support to safeguard the natural environment in the tiger reserves;
(c) to facilitate the creation of, and or maintenance of, such assets as may be necessary for fulfilling the above said objectives;
(d) to solicit technical, financial, social, legal and other support required for the activities of the Foundation for achieving the above said objectives;
(e) to augment and mobilise financial resources including recycling of entry and such other fees received in a tiger reserve, to foster stake-holder development and eco-tourism;
(f) to support research, environmental education and training in the above related fields.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 38XA Provisions of Chapter to be in addition to provisions relating to sanctuaries and National Park.
1[38XA. Provisions of Chapter to be in addition to provisions relating to sanctuaries and National Park.-- The provisions contained in this Chapter shall be in addition to, and not in derogation of, the provisions relating to sanctuaries and National Parks (whether included and declared, or are in the process of being so declared) included in a tiger reserve under this Act.]
1. Ins. by Act 18 of 2022, s. 19 (w.e.f. 1-4-2023).
Section 38Y Constitution of Wild Life Crime Control Bureau.
1[38Y. Constitution of 2[Wild Life] Crime Control Bureau.--The Central Government may, for the purposes of this Act, by order published in the Official Gazette, constitute a 3*** Wildlife Crime Control Bureau consisting of--
(a) the Director of Wildlife Preservation---Director ex officio;
(b) the Inspector-General of Police---Additional Director;
(c) the Deputy Inspector-General of Police---Joint Director;
(d) the Deputy Inspector-General of Forests---Joint Director;
(e) the Additional Commissioner (Customs and 4[Central Goods and Services Tax]---Joint Director; and
(f) such other officers as may be appointed from amongst the officers covered under sections 3 and 4 of this Act.]
(a) the Director of Wildlife Preservation---Director ex officio;
(b) the Inspector-General of Police---Additional Director;
(c) the Deputy Inspector-General of Police---Joint Director;
(d) the Deputy Inspector-General of Forests---Joint Director;
(e) the Additional Commissioner (Customs and 4[Central Goods and Services Tax]---Joint Director; and
(f) such other officers as may be appointed from amongst the officers covered under sections 3 and 4 of this Act.]
1. Subs. by s. 20, ibid., for "TIGER AND OTHER ENDANGERED SPECIES" (w.e.f. 1-4-2023).
2. Subs. by s. 21, ibid., for "Tiger and other Endangered Species" (w.e.f. 1-4-2023).
3. The words "Tiger and other Endangered Species Crime Control Bureau to be known as the" omitted by s. 21, ibid. (w.e.f. 1-4- 2023).
4. Subs. by s. 21, ibid., for "Central Excise" (w.e.f. 1-4-2023).
2. Subs. by s. 21, ibid., for "Tiger and other Endangered Species" (w.e.f. 1-4-2023).
3. The words "Tiger and other Endangered Species Crime Control Bureau to be known as the" omitted by s. 21, ibid. (w.e.f. 1-4- 2023).
4. Subs. by s. 21, ibid., for "Central Excise" (w.e.f. 1-4-2023).
Section 38Z Powers and functions of the Wildlife Crime Control Bureau.
1[38Z. Powers and functions of the Wildlife Crime Control Bureau.-- (1) Subject to the provisions of this Act, the Wildlife Crime Control Bureau shall take measures with respect to--
(i) collect and collate intelligence related to organized wildlife crime activities and to disseminate the same to State and other enforcement agencies for immediate action, so as to apprehend the criminals and to establish a centralised wildlife crime data bank;
(ii) co-ordination of actions by various officers, State Governments and other authorities in connection with the enforcement of the provisions of this Act, either directly or through regional and border units set up by the Bureau;
(iii) implementation of obligations under the various international Conventions and protocols that are in force at present or which may be ratified or acceded to by India in future;
(iv) assistance to concerned authorities in foreign countries and concerned international organisations to facilitate co-ordination and universal action for wildlife crime control;
(v) develop infrastructure and capacity building for scientific and professional investigation into wildlife crimes and assist State Governments to ensure success in prosecutions related to wildlife crimes;
(vi) advice the Government of India on issues relating to wildlife crimes having national and international ramifications, and suggest changes required in relevant policy and laws from time to time.
(2) The Wildlife Crime Control Bureau shall exercise--
(i) such powers as may be delegated to it under sub-section (1) of section 5, sub-sections (1) and (8) of section 50 and section 55 of this Act; and
(ii) such other powers as may be prescribed.]
(i) collect and collate intelligence related to organized wildlife crime activities and to disseminate the same to State and other enforcement agencies for immediate action, so as to apprehend the criminals and to establish a centralised wildlife crime data bank;
(ii) co-ordination of actions by various officers, State Governments and other authorities in connection with the enforcement of the provisions of this Act, either directly or through regional and border units set up by the Bureau;
(iii) implementation of obligations under the various international Conventions and protocols that are in force at present or which may be ratified or acceded to by India in future;
(iv) assistance to concerned authorities in foreign countries and concerned international organisations to facilitate co-ordination and universal action for wildlife crime control;
(v) develop infrastructure and capacity building for scientific and professional investigation into wildlife crimes and assist State Governments to ensure success in prosecutions related to wildlife crimes;
(vi) advice the Government of India on issues relating to wildlife crimes having national and international ramifications, and suggest changes required in relevant policy and laws from time to time.
(2) The Wildlife Crime Control Bureau shall exercise--
(i) such powers as may be delegated to it under sub-section (1) of section 5, sub-sections (1) and (8) of section 50 and section 55 of this Act; and
(ii) such other powers as may be prescribed.]
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).
Section 39 Wild animals, etc., to be Government property. 1 docs
(1) Every--
(a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section 29 or sub-section (6) of section 35 or kept or 1[bred in captivity or hunted] in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed 2*** or by mistake; and
(b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed,
3[(c) ivory imported into India and an article made from such ivory in respect of which any offence against this Act or any rule or order made thereunder has been committed;
(d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act.]
shall be the property of the State Government, and, wheresuch 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 4[derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting] shall be the property of the Central Government.
(2) Amy person who obtains, by any means, the possession of Government property, shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be.
(3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer--
(a) acquire or keep in his possession, custody or control, or
(b) transfer to any person, whether by way of gift, sale or otherwise, or
(c) destroy or damage, such Government property.
5[(4) Where any such Government property is a live animal, the State Government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural habitat.
(5) Any such animal article, trophy or uncured trophy or meat derived from any wild animal, as referred to in sub-sections (1) and (2) may be disposed of by the State Government or the Central Government, as the case may be, in such manner as may be prescribed by the Central Government:
Provided that such disposal shall not include any commercial sale or auction and no certificate of ownership shall be issued for such disposal.]
(a) wild animal, other than vermin, which is hunted under section 11 or sub-section (1) of section 29 or sub-section (6) of section 35 or kept or 1[bred in captivity or hunted] in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed 2*** or by mistake; and
(b) animal article, trophy or uncured trophy or meat derived from any wild animal referred to in clause (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed,
3[(c) ivory imported into India and an article made from such ivory in respect of which any offence against this Act or any rule or order made thereunder has been committed;
(d) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act.]
shall be the property of the State Government, and, wheresuch 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 4[derived from such animal or any vehicle, vessel, weapon, trap or tool used in such hunting] shall be the property of the Central Government.
(2) Amy person who obtains, by any means, the possession of Government property, shall, within forty-eight hours from obtaining such possession, make a report as to the obtaining of such possession to the, nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-in-charge of such police station or such authorised officer, as the case may be.
(3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer--
(a) acquire or keep in his possession, custody or control, or
(b) transfer to any person, whether by way of gift, sale or otherwise, or
(c) destroy or damage, such Government property.
5[(4) Where any such Government property is a live animal, the State Government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural habitat.
(5) Any such animal article, trophy or uncured trophy or meat derived from any wild animal, as referred to in sub-sections (1) and (2) may be disposed of by the State Government or the Central Government, as the case may be, in such manner as may be prescribed by the Central Government:
Provided that such disposal shall not include any commercial sale or auction and no certificate of ownership shall be issued for such disposal.]
1. Subs. by Act 44 of 1991, s. 27, for "bred in captivity" (w.e.f. 2-10-1991).
2. The words "without a licence or" omitted by s. 27, ibid. (w.e.f. 2-10-1991).
3. Ins. by s. 27, ibid. (w.e.f. 2-10-1991).
4. Subs. by Act 44 of 1991, s. 27, for "derived from such animal" (w.e.f. 2-10-1991).
2. The words "without a licence or" omitted by s. 27, ibid. (w.e.f. 2-10-1991).
3. Ins. by s. 27, ibid. (w.e.f. 2-10-1991).
4. Subs. by Act 44 of 1991, s. 27, for "derived from such animal" (w.e.f. 2-10-1991).
Section 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 1***, 2[or animal article, trophy or 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 420 otherwise transfer or transport any animal specified in Schedule I 3*** or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
4[(2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I 3***, except by way of inheritance.
(2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40:
Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.].
(2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40:
Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.]
5[(3) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of section 38-I 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 6[any animal or animal article] or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I or Part II of Schedule II in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed.
(2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or 420 otherwise transfer or transport any animal specified in Schedule I 3*** or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
4[(2A) No person other than a person having a certificate of ownership, shall, after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Schedule I 3***, except by way of inheritance.
(2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40:
Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.].
(2B) Every person inheriting any captive animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life Warden or the authorised officer and the provisions of sections 41 and 42 shall apply as if the declaration had been made under sub-section (1) of section 40:
Provided that nothing in sub-sections (2A) and (2B) shall apply to the live elephant.]
5[(3) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo subject to the provisions of section 38-I 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 6[any animal or animal article] or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I or Part II of Schedule II in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed.
1. The words and figures "or Part II of Schedule II" omitted by s. 23, ibid. (w.e.f. 1-4-2023).
2. Subs. by Act 16 of 2003, s. 25, for "or any uncured trophy" (w.e.f. 1-4-2003).
3. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 23 (w.e.f. 1-4-2023).
4. Ins. by Act 16 of 2003, s. 25, (w.e.f. 1-4-2003).
5. Subs. by Act 44 of 1991, s. 28, for sub-section (3) (w.e.f. 2-10-1991).
6. Subs. by Act 16 of 2003, s. 25, for "any animal article" (w.e.f. 1-4-2003).
2. Subs. by Act 16 of 2003, s. 25, for "or any uncured trophy" (w.e.f. 1-4-2003).
3. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 23 (w.e.f. 1-4-2023).
4. Ins. by Act 16 of 2003, s. 25, (w.e.f. 1-4-2003).
5. Subs. by Act 44 of 1991, s. 28, for sub-section (3) (w.e.f. 2-10-1991).
6. Subs. by Act 16 of 2003, s. 25, for "any animal article" (w.e.f. 1-4-2003).
Section 40A Immunity in certain cases. 2 docs
1[40A. Immunity in certain cases.-- (1) Notwithstanding anything contained in sub-sections (2) and (4) of section 40 of this Act, the Central Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer, any captive animal, animal article, trophy or uncured trophy derived from animals specified in Schedule I 2*** in his control, custody or possession, in respect of which no declaration had been made under sub-section (1) or sub-section (4) of section 40, in such form, in such manner and within such time as may be prescribed.
(2) Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) shall not be proceeded with and all pending proceedings shall stand abated.
(3) Any captive animal, animal article, trophy or uncured trophy declared under sub-section (1), shall be dealt with in such manner and subject to such conditions as may be prescribed.]
(2) Any action taken or purported to be taken for violation of section 40 of this Act at any time before the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) shall not be proceeded with and all pending proceedings shall stand abated.
(3) Any captive animal, animal article, trophy or uncured trophy declared under sub-section (1), shall be dealt with in such manner and subject to such conditions as may be prescribed.]
1. Ins. by Act 16 of 2003, s. 26 (w.e.f. 1-4-2003).
2. The words and figures "or Part II of Schedule II" omitted by s. 24, ibid. (w.e.f. 1-4-2023).
2. The words and figures "or Part II of Schedule II" omitted by s. 24, ibid. (w.e.f. 1-4-2023).
Section 41 Inquiry and preparation of inventories.
(1) On receipt of a declaration made under section 40, the Chief Wild Life Warden or the authorised officer may, after such notice, in such manner and at such time, as may be prescribed,--
(a) enter upon the premises of a person referred to in section 40;
(b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I 1*** and found thereon; and
(c) affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed.
(2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter.
(a) enter upon the premises of a person referred to in section 40;
(b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I 1*** and found thereon; and
(c) affix upon the animals, animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed.
(2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter.
1. The words and figures "and Part II of Schedule II" omitted by s. 25, ibid, (w.e.f. 1-4-2023).
Section 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.
1[Provided that before issuing the certificate of ownership in respect of any captive animal, the Chief Wild Life Warden shall ensure that the applicant has adequate facilities for housing, maintenance and upkeep of the animal.]
1[Provided that before issuing the certificate of ownership in respect of any captive animal, the Chief Wild Life Warden shall ensure that the applicant has adequate facilities for housing, maintenance and upkeep of the animal.]
1. Added by s. 27, ibid. (w.e.f. 1-4-2003).
Section 42A Surrender of captive animals, animal article, etc
1[42A. Surrender of captive animals, animal article, etc.-- (1) Any person having a certificate of ownership in respect of any captive animal, animal article, trophy or uncured trophy, meat or ivory imported into India or an article made from such ivory, and who is not desirous of keeping it in his control, custody or possession may, after giving notice of seven working days to the Chief Wild Life Warden, surrender the same to him and any such certificate of ownership shall stand cancelled from the date of such surrender.
(2) No compensation shall be payable to any person for surrender of any such animal, article, trophy, meat or ivory to the Chief Wild Life Warden under sub-section (1).
(3) Any such animal, article, trophy, meat or ivory surrendered under this section shall become the property of the State Government and the provisions of section 39 shall apply.]
(2) No compensation shall be payable to any person for surrender of any such animal, article, trophy, meat or ivory to the Chief Wild Life Warden under sub-section (1).
(3) Any such animal, article, trophy, meat or ivory surrendered under this section shall become the property of the State Government and the provisions of section 39 shall apply.]
1. Ins. by Act 18 of 2022, s. 26 (w.e.f. 1-4-2023).
Section 43 Regulation of transfer of animal, etc. 1 docs
1[43. Regulation of transfer of animal, etc.--(1) No person having in his possession captive animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership shall transfer by way of sale or offer for sale or by any other mode of consideration of commercial nature, such animal or article or trophy or uncured trophy.
(2) Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from outside the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected.
2[Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.]
(3) Nothing in this section shall apply--
(a) to tail feather of peacock and the animal article or trophies made therefrom;
(b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-I, and transfer amongst zoos and public museums.]
(2) Where a person transfers or transports from the State in which he resides to another State or acquires by transfer from outside the State, any such animal, animal article, trophy or uncured trophy in respect of which he has a certificate of ownership, he shall, within thirty days of the transfer or transport, report the transfer or transport to the Chief Wild Life Warden or the authorised officer within whose jurisdiction the transfer or transport is effected.
2[Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.]
(3) Nothing in this section shall apply--
(a) to tail feather of peacock and the animal article or trophies made therefrom;
(b) to transfer of captive animals between recognised zoos subject to the provisions of section 38-I, and transfer amongst zoos and public museums.]
1. Subs. by Act 16 of 2003, s. 28, for section 43 (w.e.f. 1-4-2003).
2. Ins. by Act 18 of 2022, s. 27 (w.e.f. 1-4-2023).
2. Ins. by Act 18 of 2022, s. 27 (w.e.f. 1-4-2023).
Section 44 Dealings in trophy and animal articles without licence prohibited. 1 docs
1(1) Subject to the provisions of Chapter VA, no person shall, except under and in accordance with, a licence granted under sub-section (4)]--
(a) commence or carry on the business as--
2***
(i) a manufacturer of or dealer In, any animal article; or
(ii) a taxidermist; or
(iii) a dealer in trophy or uncured trophy; or
(iv) a dealer In captive animals; or
(v) a dealer In meat; or
(b) cook or serve meat In any eating-house:
3[(c) derive, collect or prepare or deal in snake venom;]
Provided that nothing in this sub-section shall prevent a person, who, immediately before the commencement of this Act was carrying on the business or occupation specified in this sub-section, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed In writing that a licence cannot be granted to him:
4[Provided further that nothing in this sub-section shall apply to the dealers in tail feathers of peacock and articles made therefrom and the manufactures of such articles.]
Explanation.--For the purposes of this section, "eating-house" includes a hotel, restaurant or any other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging.
(2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies, or every taxidermist shall, within fifteen days from the commencement of this Act, declare to the Chief Wild Life Warden his stocks of animals articles, captive animals, trophies and uncured trophies, as the case may be, as on the date of such declaration and the Chief Wild Life Warden or the Authorised officer may place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be.
(3) Every person referred to in sub-section (1) who intends to obtain a licence, shall make an application to the Chief Wild Life Warden or the authorised officer for the grant of a licence.
(4) (a) Every application referred to in sub-section (3) shall be made In such form and on payment of such fee as may be prescribed, to the Chief Wild Life Warden or the authorised officer.
5[(b) No licence referred to in sub-section (1) shall be granted unless the Chief Wild Life Warden or the authorised officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be granted.]
(5) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to, which the licensee shall carry on his business.
(6) Every licence granted under this section shall--
(a) be valid for one year from the date of its grant;
(b) not be transferable; and
(c) be renewable for a period not exceeding one year at a time.
(7) No application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life Warden or the authorised officer is satisfied that--
(i) the application for such renewal has been made after the expiry of the period specified therefor, or
(ii) any statement made by the applicant at the time of the grant or renewal of the licence was incorrect or false in material particulars, or
(iii) the applicant has contravened any term or condition of the licence or any provision of this Act or any rule made thereunder, or
(iv) the applicant does not fulfil the prescribed conditions.
(8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made in writing.
(9) Nothing in the foregoing sub-sections shall apply in relation to vermin.
(a) commence or carry on the business as--
2***
(i) a manufacturer of or dealer In, any animal article; or
(ii) a taxidermist; or
(iii) a dealer in trophy or uncured trophy; or
(iv) a dealer In captive animals; or
(v) a dealer In meat; or
(b) cook or serve meat In any eating-house:
3[(c) derive, collect or prepare or deal in snake venom;]
Provided that nothing in this sub-section shall prevent a person, who, immediately before the commencement of this Act was carrying on the business or occupation specified in this sub-section, from carrying on such business or occupation for a period of thirty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed In writing that a licence cannot be granted to him:
4[Provided further that nothing in this sub-section shall apply to the dealers in tail feathers of peacock and articles made therefrom and the manufactures of such articles.]
Explanation.--For the purposes of this section, "eating-house" includes a hotel, restaurant or any other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging.
(2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies, or every taxidermist shall, within fifteen days from the commencement of this Act, declare to the Chief Wild Life Warden his stocks of animals articles, captive animals, trophies and uncured trophies, as the case may be, as on the date of such declaration and the Chief Wild Life Warden or the Authorised officer may place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be.
(3) Every person referred to in sub-section (1) who intends to obtain a licence, shall make an application to the Chief Wild Life Warden or the authorised officer for the grant of a licence.
(4) (a) Every application referred to in sub-section (3) shall be made In such form and on payment of such fee as may be prescribed, to the Chief Wild Life Warden or the authorised officer.
5[(b) No licence referred to in sub-section (1) shall be granted unless the Chief Wild Life Warden or the authorised officer having regard to the antecedents and previous experience of the applicant, the implication which the grant of such licence would have on the status of wild life and to such other matters as may be prescribed in this behalf and after making such inquiry in respect of those matters as he may think fit, is satisfied that the licence should be granted.]
(5) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to, which the licensee shall carry on his business.
(6) Every licence granted under this section shall--
(a) be valid for one year from the date of its grant;
(b) not be transferable; and
(c) be renewable for a period not exceeding one year at a time.
(7) No application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life Warden or the authorised officer is satisfied that--
(i) the application for such renewal has been made after the expiry of the period specified therefor, or
(ii) any statement made by the applicant at the time of the grant or renewal of the licence was incorrect or false in material particulars, or
(iii) the applicant has contravened any term or condition of the licence or any provision of this Act or any rule made thereunder, or
(iv) the applicant does not fulfil the prescribed conditions.
(8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made in writing.
(9) Nothing in the foregoing sub-sections shall apply in relation to vermin.
1. Subs. by Act 28 of 1986, s. 2, for certain words (w.e.f. 25-11-1986).
2. Sub-clause (ia) omitted by Act 44 of 1991, s. 30 (w.e.f. 2-10-1991).
3. Ins. by s. 30, ibid. (w.e.f. 2-10-1991).
4. Subs. by s. 30, ibid., for the second proviso (w.e.f. 2-10-1991).
5. Subs. by s.3, ibid., for clause (b) (w.e.f. 21-5-1982).
2. Sub-clause (ia) omitted by Act 44 of 1991, s. 30 (w.e.f. 2-10-1991).
3. Ins. by s. 30, ibid. (w.e.f. 2-10-1991).
4. Subs. by s. 30, ibid., for the second proviso (w.e.f. 2-10-1991).
5. Subs. by s.3, ibid., for clause (b) (w.e.f. 21-5-1982).
Section 45 Suspension or cancellation of licences.
Subject to any general or special order of the State Government, the Chief Wild Life Warden or the authorised officer may, for reasons to be recorded by him in writing, suspend or cancel any licence granted or renewed under section 44:
Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.
Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.
Section 46 Purchase.
(1) An appeal from an order refusing to grant or renew a licence under section 44 or an order suspending or cancelling a licence under section 45 shall lie--
(a) if the order is made by the authorised officer, to the Chief Wild Life Warden; or
(b) if the order is made by the Chief Wild Life Warden, to the State Government.
(2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause (a) of sub-section (1), a second appeal shall lie to the State Government.
(3) Subject as aforesaid, every order passed in appeal under this section shall be final.
(4) An appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against:
Provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
(a) if the order is made by the authorised officer, to the Chief Wild Life Warden; or
(b) if the order is made by the Chief Wild Life Warden, to the State Government.
(2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause (a) of sub-section (1), a second appeal shall lie to the State Government.
(3) Subject as aforesaid, every order passed in appeal under this section shall be final.
(4) An appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against:
Provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
Section 47 Maintenance of records.
A licensee under this Chapter shall--
(a) keep records, and submit such returns of his dealings, as may be prescribed,--
(i) to the Director or any other officer authorised by him in this behalf, and
(ii) to the Chief Wild Life Warden or the authorised officer; and
(b) make such records available on demand for inspection by such officers.
(a) keep records, and submit such returns of his dealings, as may be prescribed,--
(i) to the Director or any other officer authorised by him in this behalf, and
(ii) to the Chief Wild Life Warden or the authorised officer; and
(b) make such records available on demand for inspection by such officers.
Section 48 Purchase of animals, etc., by licensee. 1 docs
No licensee under this Chapter shall--
(a) keep in his control, custody or possession,--
(i) any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of sub-section (2) of section 44 has to be made but has not been made;
(ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;
(b) (i) capture any wild animal, or
(ii) acquire, receive keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in Schedule I 1*** or any animal article trophy, uncured trophy or meat derived therefrom or serve such meat, or put under a process of taxidermy or make animal article containing part or whole of such animal,
except in accordance with such rules as may be made tinder this Act;
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.
(a) keep in his control, custody or possession,--
(i) any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of sub-section (2) of section 44 has to be made but has not been made;
(ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;
(b) (i) capture any wild animal, or
(ii) acquire, receive keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in Schedule I 1*** or any animal article trophy, uncured trophy or meat derived therefrom or serve such meat, or put under a process of taxidermy or make animal article containing part or whole of such animal,
except in accordance with such rules as may be made tinder this Act;
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.
1. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 28 (w.e.f. 1-4-2023).
Section 48A Restriction on transportation of wild life.
1[48A. Restriction on transportation of wild life.-- No person shall accept any wild animal (other than vermin), or any animal article, or any specified plant or part or derivative thereof, for transportation except after exercising due care to ascertain that permission from the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf has been obtained for such transportation.]
1. Ins. by Act 44 of 1991, s. 31 (w.e.f. 2-10-1991).