The Wild Life (Protection) Act, 1972
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 51 Penalties.
(1) Any person who 1[contravenes any provision of this Act 2[(except Chapter VA and section 38J)]]or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to 3[three years], or with fine which may extend to 4[one lakh rupees], or with both:
5[Provided that where the offence committed is in relation to any animal specified in Schedule I 6*** or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park 7[or where the offence relates to a specimen of a species listed on Appendix I of Schedule IV], such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than 8[twentyfive thousand rupees]:
Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than 9[one lakh rupees].]
10[(1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall not be less than 11[three years] but which may extend to seven years and also with fine which shall not be less than 12[twenty-five thousand rupees].]
13[(1B) Any person who contravenes the provisions of section 38J, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that in the case of a second or subsequent offence the term of imprisonment may extend to one year or the fine may extend to five thousand rupees.]
(2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any captive animal, wild animal, animal article, trophy,14[uncured trophy, meat, ivory imported into India or an article made from such ivory, any specified plant, or part or derivative thereof] in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled.
(3) Such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence.
(4) Where any person is convicted of an offence against this Act, the Court may direct that the licence, if any, granted to such person under the Arms Act, 1959 (54 of 1959), for possession of any arm with which an offence against this Act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the Arms Act, 1959, for a period of five years from the date of conviction.
15[(5) Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a National Park or of an offence against any provision of Chapter VA unless such person is under eighteen years of age.]
STATE AMENDMENT
Assam
Amendment of section 51.--In the principal Act, in section 51, in sub-section (1),
(i) in the first proviso,--
(a) in between the words "hunting in" and "a sanctuary" the words "or outside the boundary of" shall be inserted;
(b) for the words "three years", "seven years" and "ten thousand", the words" seven years", "ten years" and "fifty thousand" respectively shall be substituted.
(ii) in the second proviso, for the words "three years", "seven years" and "twenty five thousand", the words "ten years", "life imprisonment" and "seventy five thousand" respectively, shall be substituted.
[Vide Assam Act 31 of 2010, s. 2].
5[Provided that where the offence committed is in relation to any animal specified in Schedule I 6*** or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a National Park or altering the boundaries of a sanctuary or a National Park 7[or where the offence relates to a specimen of a species listed on Appendix I of Schedule IV], such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than 8[twentyfive thousand rupees]:
Provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of the imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than 9[one lakh rupees].]
10[(1A) Any person who contravenes any provisions of Chapter VA, shall be punishable with imprisonment for a term which shall not be less than 11[three years] but which may extend to seven years and also with fine which shall not be less than 12[twenty-five thousand rupees].]
13[(1B) Any person who contravenes the provisions of section 38J, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:
Provided that in the case of a second or subsequent offence the term of imprisonment may extend to one year or the fine may extend to five thousand rupees.]
(2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any captive animal, wild animal, animal article, trophy,14[uncured trophy, meat, ivory imported into India or an article made from such ivory, any specified plant, or part or derivative thereof] in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the State Government and that any licence or permit, held by such person under the provisions of this Act, be cancelled.
(3) Such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence.
(4) Where any person is convicted of an offence against this Act, the Court may direct that the licence, if any, granted to such person under the Arms Act, 1959 (54 of 1959), for possession of any arm with which an offence against this Act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the Arms Act, 1959, for a period of five years from the date of conviction.
15[(5) Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a National Park or of an offence against any provision of Chapter VA unless such person is under eighteen years of age.]
STATE AMENDMENT
Assam
Amendment of section 51.--In the principal Act, in section 51, in sub-section (1),
(i) in the first proviso,--
(a) in between the words "hunting in" and "a sanctuary" the words "or outside the boundary of" shall be inserted;
(b) for the words "three years", "seven years" and "ten thousand", the words" seven years", "ten years" and "fifty thousand" respectively shall be substituted.
(ii) in the second proviso, for the words "three years", "seven years" and "twenty five thousand", the words "ten years", "life imprisonment" and "seventy five thousand" respectively, shall be substituted.
[Vide Assam Act 31 of 2010, s. 2].
1. Subs. by Act 28 of 1986, s. 4, for "contravenes any provision of this Act" (w.e.f. 25-11-1986).
2. Subs. by Act 44 of 1991, s. 37, ibid., for "(except Chapter VA)" (w.e.f. 2-10-1991).
3. Subs. by s. 37, ibid., for "two years" (w.e.f. 2-10-1991).
4. Subs. by Act 18 of 2022, s. 32, for "twenty-five thousand rupees" (w.e.f. 1-4-2023), earlier subs. by s. 37, Act 44 of 1991, for "two thousand rupees" (w.e.f. 2-10-1991).
5. Subs. by Act 16 of 2003, s. 30, for the first and second provisos (w.e.f. 1-4-2003).
6. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 32 (w.e.f. 1-4-2023).
7. Ins. by Act 18 of 2022, s. 32, ibid. (w.e.f. 1-4-2023).
8. Subs. by s. 32, ibid., for "ten thousand rupees" (w.e.f. 1-4-2023).
9. Subs. by s. 32, ibid., for "twenty-five thousand rupees" (w.e.f. 1-4-2023).
10. Ins. by Act 28 of 1986, s. 4 (w.e.f. 25-11-1986).
11. Subs. by Act 16 of 2003, s. 30, for "one year" (w.e.f. 1-4-2003).
12. Subs. by s. 30, ibid., for "five thousand rupees" (w.e.f. 1-4-2003).
13. Ins. by Act 44 of 1991, s. 37 (w.e.f. 2-10-1991).
14. Subs. by s. 37,ibid., for "uncured trophy or meat" (w.e.f. 2-10-1991).
15. Ins. by Act 44 of 1991, s. 37. (w.e.f. 2-10-1991).
2. Subs. by Act 44 of 1991, s. 37, ibid., for "(except Chapter VA)" (w.e.f. 2-10-1991).
3. Subs. by s. 37, ibid., for "two years" (w.e.f. 2-10-1991).
4. Subs. by Act 18 of 2022, s. 32, for "twenty-five thousand rupees" (w.e.f. 1-4-2023), earlier subs. by s. 37, Act 44 of 1991, for "two thousand rupees" (w.e.f. 2-10-1991).
5. Subs. by Act 16 of 2003, s. 30, for the first and second provisos (w.e.f. 1-4-2003).
6. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 32 (w.e.f. 1-4-2023).
7. Ins. by Act 18 of 2022, s. 32, ibid. (w.e.f. 1-4-2023).
8. Subs. by s. 32, ibid., for "ten thousand rupees" (w.e.f. 1-4-2023).
9. Subs. by s. 32, ibid., for "twenty-five thousand rupees" (w.e.f. 1-4-2023).
10. Ins. by Act 28 of 1986, s. 4 (w.e.f. 25-11-1986).
11. Subs. by Act 16 of 2003, s. 30, for "one year" (w.e.f. 1-4-2003).
12. Subs. by s. 30, ibid., for "five thousand rupees" (w.e.f. 1-4-2003).
13. Ins. by Act 44 of 1991, s. 37 (w.e.f. 2-10-1991).
14. Subs. by s. 37,ibid., for "uncured trophy or meat" (w.e.f. 2-10-1991).
15. Ins. by Act 44 of 1991, s. 37. (w.e.f. 2-10-1991).
Section 51A Certain conditions to apply while granting bail.
1[51A. Certain conditions to apply while granting bail.--When any person accused of, the commission of any offence relating to Schedule I 2*** or offences relating to hunting inside the boundaries of National Park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the Act, then notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) no such person who had been previously convicted of an offence under this Act shall, be released on bail unless--
(a) the Public Prosecutor has been given an opportunity of opposing the release on bail; and
(b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.]
STATE AMENDMENT
Assam
Insertion of section 51B.--In the principal Act, after section 51A, the following new section 51B shall be inserted, namely:--
51B. Offences to be cognizable, non bailabale and triable by the Court of Sessions.--(1) Every offence punishable under this Act shall be congnizable and non-bailable within the meaning of the Code of Criminal Procedure, 1973.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable under this Act, shall be released on bail unless--
(a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and
(b) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail.
(3) The offences under this Act, shall be triable by the Court of Sessions of the respective jurisdiction.
[Vide Assam Act 31 of 2010, s. 3].
(a) the Public Prosecutor has been given an opportunity of opposing the release on bail; and
(b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.]
STATE AMENDMENT
Assam
Insertion of section 51B.--In the principal Act, after section 51A, the following new section 51B shall be inserted, namely:--
51B. Offences to be cognizable, non bailabale and triable by the Court of Sessions.--(1) Every offence punishable under this Act shall be congnizable and non-bailable within the meaning of the Code of Criminal Procedure, 1973.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no person accused of an offence punishable under this Act, shall be released on bail unless--
(a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and
(b) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that the accused is not likely to commit any offence while on bail.
(3) The offences under this Act, shall be triable by the Court of Sessions of the respective jurisdiction.
[Vide Assam Act 31 of 2010, s. 3].
1. Ins. by Act 16 of 2003, s. 31 (w.e.f. 1-4-2003).
2. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 33 (w.e.f. 1-4-2023).
2. The words and figures "or Part II of Schedule II" omitted by Act 18 of 2022, s. 33 (w.e.f. 1-4-2023).
Section 52 Attempts and abetment.
Whoever attempts to contravene, or abets the contravention of, any of the provisions of this Act or of any rule or order made thereunder shall be deemed to have contravened that provision or rule or order, as the case may be.
Section 53 Punishment for wrongful seizure.
If any person, exercising powers under this Act, vexatiously and unnecessarily seizes the property of any other person on the pretence of seizing it for the reasons mentioned in section 50 he shall, on conviction, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Section 54 Power to compound offences. 2 docs
1[54. Power to compound offence.-- (1) The Central Government may, by notification, empower the Director of Wild Life Preservation or any other officer not below the rank of Assistant Director of Wild Life Preservation and in the case of a State Government in the similar manner, empower the Chief Wild Life Warden or any officer of a rank not below the rank of a Deputy Conservator of Forests, to accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed.
(2) On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person.
(3) The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit.
(4) The sum of money accepted or agreed to be accepted as composition under sub-section (1) shall, in no case, exceed the sum of 2[five lakh rupees]:
Provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be compounded.]
(2) On payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person.
(3) The officer compounding any offence may order the cancellation of any licence or permit granted under this Act to the offender, or if not empowered to do so, may approach an officer so empowered, for the cancellation of such licence or permit.
(4) The sum of money accepted or agreed to be accepted as composition under sub-section (1) shall, in no case, exceed the sum of 2[five lakh rupees]:
Provided that no offence, for which a minimum period of imprisonment has been prescribed in section 51, shall be compounded.]
1. Subs. by s. 32, ibid., for section 54 (w.e.f. 1-4-2003).
2. Subs. by Act 18 of 2022, s. 34, for "twenty-five thousand rupees" (w.e.f. 1-4-2023).
2. Subs. by Act 18 of 2022, s. 34, for "twenty-five thousand rupees" (w.e.f. 1-4-2023).
Section 55 Cognizance of offences.
1[55. Cognizance of offences.-- No court shall take cognizance of any offence against this Act on the complaint of any person other than--
(a) the Director of Wild Life Preservation or any other officer authorised in this behalf by the Central Government; or
2[(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or]
3[(ab) Member-Secretary, Tiger Conservation Authority; or]
(ac) Director of the concerned tiger reserve; or
4[(ad) the Management Authority or any officer, including an officer of the Wild Life Crime Control Bureau, authorised in this behalf by the Central Government; or]
(b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government 5[subject to such conditions as may be specified by that Government]; or
5[(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38J; or]
(c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the State Government or the officer authorised as aforesaid.].
(b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government 6[subject to such conditions as may be specified by that Government]; or
7[(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38J; or]
(c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the State Government or the officer authorised as aforesaid.]
(a) the Director of Wild Life Preservation or any other officer authorised in this behalf by the Central Government; or
2[(aa) the Member-Secretary, Central Zoo Authority in matters relating to violation of the provisions of Chapter IVA; or]
3[(ab) Member-Secretary, Tiger Conservation Authority; or]
(ac) Director of the concerned tiger reserve; or
4[(ad) the Management Authority or any officer, including an officer of the Wild Life Crime Control Bureau, authorised in this behalf by the Central Government; or]
(b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government 5[subject to such conditions as may be specified by that Government]; or
5[(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38J; or]
(c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the State Government or the officer authorised as aforesaid.].
(b) the Chief Wild Life Warden, or any other officer authorised in this behalf by the State Government 6[subject to such conditions as may be specified by that Government]; or
7[(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38J; or]
(c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the State Government or the officer authorised as aforesaid.]
1. Subs. by Act 44 of 1991, s. 39, for section 55 (w.e.f. 2-10-1991).
2. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003).
3. Ins. by Act 39 of 2006, s. 4 (w.e.f. 4-9-2006).
4. Ins. by Act 18 of 2022, s. 35 (w.e.f. 1-4-2023).
5. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003).
7. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003).
2. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003).
3. Ins. by Act 39 of 2006, s. 4 (w.e.f. 4-9-2006).
4. Ins. by Act 18 of 2022, s. 35 (w.e.f. 1-4-2023).
5. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003).
7. Ins. by Act 16 of 2003, s. 33 (w.e.f. 1-4-2003).
Section 56 Operation of other laws not barred.
Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for the time being in force, for any act or omission which constitutes an offence against this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence.
Section 57 Presumption to be made in certain cases.
Where, in any prosecution for an offence against this Act, it is established that a person is in possession, custody or control of any 1[wild animal, captive animal], animal article, meat, 1[trophy, uncured trophy, specified plant, or part or derivative thereof 2[or scheduled specimen]] it shall be presumed, until the contrary is proved, the burden of proving which shall lie on the accused, that such person is in unlawful possession, custody or control of such 1[wild animal, captive animal], animal article, meat, 2[trophy, uncured trophy, specified plant, or part or derivative thereof 3[or scheduled specimen].]
1. Subs. by Act 18 of 2022, s. 36, for "captive animal" (w.e.f. 1-4-2023).
2. Subs. by Act 44 of 1991, s. 40, for "trophy or uncured trophy" (w.e.f. 2-10-1991).
3. Ins. by Act 18 of 2022, s. 36 (w.e.f. 1-4-2023).
2. Subs. by Act 44 of 1991, s. 40, for "trophy or uncured trophy" (w.e.f. 2-10-1991).
3. Ins. by Act 18 of 2022, s. 36 (w.e.f. 1-4-2023).
Section 58 Offences by Companies.
(1) Where an offence against this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence against this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence against this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 58A Application.
1[58A. Application.-- The provisions of this Chapter shall apply only to the following persons, namely:--
(a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three years or more;
(b) every associate of a person referred to in clause (a);
(c) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration.]
(a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three years or more;
(b) every associate of a person referred to in clause (a);
(c) any holder (hereafter in this clause referred to as the present holder) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58B Definitions.
1[58B. Definitions.-- In this Chapter, unless the context otherwise requires,--
(a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under section 58N;
(b) "associate" in relation to a person whose property is liable to be forfeited under this Chapter, includes--
(i) any individual who had been or is managing the affairs or keeping the accounts of such person;
(ii) any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act, 1956 (1 of 1956) of which such person had been or is a member, partner or director;
(iii) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in sub-clause (ii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company;
(iv) any person, who had been or is managing the affairs, or keeping the accounts of any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii);
(v) the trustee of any trust, where,--
(1) the trust has been created by such person; or
(2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts on the date on which contribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date;
(vi) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person;
(c) "competent authority" means an officer authorised under section 58D;
(d) "concealment" means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means;
(e) "freezing" means temporarily prohibiting the transfer, conversion, disposition or movement of property by an order issued under section 58F;
(f) "identifying" includes establishment of proof that the property was derived from, or used in, the illegal hunting and trade of wild life and its products;
(g) "illegally acquired property" in relation to any person to whom this Chapter applies, means,--
(i) any property acquired by such person, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives;
(ii) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from such property, and includes--
(A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration;
(B) any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom;
(h) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the illegal hunting and trade of wild life and its products;
(i) "relative" means--
(1) spouse of the person;
(2) brother or sister of the person;
(3) brother or sister of the spouse of the person;
(4) any lineal ascendant or descendant of the person;
(5) any lineal ascendant or descendant of the spouse of the person;
(6) spouse of a person referred to in sub-clause (2), sub-clause (3), sub-clause (4) or sub-clause (5);
(7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3);
(j) "tracing" means determining the nature, source, disposition, movement, title or ownership of property;
(k) "trust" includes any other legal obligation.]
(a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under section 58N;
(b) "associate" in relation to a person whose property is liable to be forfeited under this Chapter, includes--
(i) any individual who had been or is managing the affairs or keeping the accounts of such person;
(ii) any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act, 1956 (1 of 1956) of which such person had been or is a member, partner or director;
(iii) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in sub-clause (ii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company;
(iv) any person, who had been or is managing the affairs, or keeping the accounts of any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii);
(v) the trustee of any trust, where,--
(1) the trust has been created by such person; or
(2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts on the date on which contribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date;
(vi) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person;
(c) "competent authority" means an officer authorised under section 58D;
(d) "concealment" means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means;
(e) "freezing" means temporarily prohibiting the transfer, conversion, disposition or movement of property by an order issued under section 58F;
(f) "identifying" includes establishment of proof that the property was derived from, or used in, the illegal hunting and trade of wild life and its products;
(g) "illegally acquired property" in relation to any person to whom this Chapter applies, means,--
(i) any property acquired by such person, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to illegal hunting and trade of wild life and its products and derivatives;
(ii) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from such property, and includes--
(A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration;
(B) any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom;
(h) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the illegal hunting and trade of wild life and its products;
(i) "relative" means--
(1) spouse of the person;
(2) brother or sister of the person;
(3) brother or sister of the spouse of the person;
(4) any lineal ascendant or descendant of the person;
(5) any lineal ascendant or descendant of the spouse of the person;
(6) spouse of a person referred to in sub-clause (2), sub-clause (3), sub-clause (4) or sub-clause (5);
(7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3);
(j) "tracing" means determining the nature, source, disposition, movement, title or ownership of property;
(k) "trust" includes any other legal obligation.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58C Prohibition of holding illegally acquired property.
1[58C. Prohibition of holding illegally acquired property. -- (1) From the date of commencement of this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf.
(2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the State Government concerned in accordance with the provisions of this Chapter:
Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act applies before a period of six years from the date on which he was charged for an offence relating to illegal hunting and trade of wild life and its products.]
(2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the State Government concerned in accordance with the provisions of this Chapter:
Provided that no property shall be forfeited under this Chapter if such property was acquired by a person to whom this Act applies before a period of six years from the date on which he was charged for an offence relating to illegal hunting and trade of wild life and its products.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58D Competent authority.
1[58D. Competent authority.-- The State Government may, by order published in the Official Gazette, authorise any officer not below the rank of Chief Conservator of Forests to perform the functions of the competent authority under this Chapter in respect of such persons or classes of persons as the State Government may, direct].
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58E Identifying illegally acquired property.
1[58E. Identifying illegally acquired property.-- (1) An officer not below the rank of Deputy Inspector General of Police duly authorised by the Central Government or as the case may be, the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person.
(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary.
(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf.]
(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial institution or any other relevant step as may be necessary.
(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58F Seizure or freezing of illegally acquired property.
1[58F. Seizure or freezing of illegally acquired property.-- (1) Where any officer conducting an inquiry or investigation under section 58E has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned:
Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made.
Explanation.-- For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes--
(a) the creation of a trust in property;
(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
(c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.]
Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made.
Explanation.-- For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes--
(a) the creation of a trust in property;
(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;
(c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58G Management of properties seized or forfeited under this Chapter.
1[58G. Management of properties seized or forfeited under this Chapter.-- (1) The State Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of Conservator of Forests) as it thinks fit, to perform the functions of an Administrator.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 58F or under section 58-I in such manner and subject to such conditions as may be prescribed.
(3) The Administrator shall also take such measures as the State Government may direct, to dispose of the property which is forfeited to the State Government.]
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 58F or under section 58-I in such manner and subject to such conditions as may be prescribed.
(3) The Administrator shall also take such measures as the State Government may direct, to dispose of the property which is forfeited to the State Government.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58H Notice of forfeiture of property.
1[58H. Notice of forfeiture of property.-- (1) If having regard to the value of the properties held by any person to whom this Chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under section 58E or otherwise, the competent authority for reasons to be recorded in writing believes that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the State Government under this Chapter and in support of his case indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars.
(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.]
(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58I Forfeiture of property in certain cases
1[58-I. Forfeiture of property in certain cases.-- (1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 58H, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person, also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties:
Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.
(2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1) within a period of ninety days.
(3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Chapter stand forfeited to the State Government free from all encumbrances.
(4) In case the person affected establishes that the property specified in the notice issued under section 58H is not an illegally acquired property and therefore not liable to be forfeited under the Act, the said notice shall be withdrawn and the property shall be released forthwith.
(5) Where any shares in a company stand forfeited to the State Government under this Chapter, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the article of association of the company, forthwith register the State Government as the transferee of such shares.]
Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.
(2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1) within a period of ninety days.
(3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Chapter stand forfeited to the State Government free from all encumbrances.
(4) In case the person affected establishes that the property specified in the notice issued under section 58H is not an illegally acquired property and therefore not liable to be forfeited under the Act, the said notice shall be withdrawn and the property shall be released forthwith.
(5) Where any shares in a company stand forfeited to the State Government under this Chapter, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the article of association of the company, forthwith register the State Government as the transferee of such shares.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58J Burden of proof.
1[58J. Burden of proof. -- In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under section 58H is not illegally acquired property shall be on the person affected.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58K Fine in lieu of forfeiture.
1[58K. Fine in lieu of forfeiture. -- (1) Where the competent authority makes a declaration that any property stands forfeited to the State Government under section 58-I and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.
(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.
(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order revoke the declaration of forfeiture under section 58-I and thereupon such property shall stand released.]
(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.
(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order revoke the declaration of forfeiture under section 58-I and thereupon such property shall stand released.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).