The Wild Life (Protection) Act, 1972
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 58L Procedure in relation to certain trust properties.
1[58L. Procedure in relation to certain trust properties.-- In the case of any person referred to in sub-clause (vi) of clause (b) of section 58B, if the competent authority, on the basis of the information and materials available to it, for reasons to be recorded in writing believes that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust, or as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 58H and all the other provisions of this Chapter shall apply accordingly.
Explanation.--For the purposes of this section "illegally acquired property" in relation to any property held in trust, includes--
(i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor;
(ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions.]
Explanation.--For the purposes of this section "illegally acquired property" in relation to any property held in trust, includes--
(i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor;
(ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58M Certain transfer to be null and void.
1[58M. Certain transfers to be null and void.-- Where after the making of an order under sub-section (1) of section 58F or the issue of a notice under section 58H or under section 58L, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the State Government under section 58-I, then, the transfer of such property shall be deemed to be null and void.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58N Constitution of Applellate Tribunal.
1[58N. Constitution of Appellate Tribunal.-- (1) The State Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairman, and such number of other members (being officers of the State Government not below the rank of a Principal Secretary to the Government), as the State Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L.
(2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court.
(3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.]
(2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court.
(3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58O Appeals.
1[58-O. Appeals.-- (1) Any person aggrieved by an order of the competent authority made under section 58F, section 58-I, sub-section (1) of section 58K or section 58L may, within forty-five days from the date on which the order is served on him prefer an appeal to the Appellate Tribunal:
Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against.
(3) The Appellate Tribunal may regulate its own procedure.
(4) On application to the Appellate Tribunal and on payment of the prescribed fee, the Appellate Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Appellate Tribunal and obtain a certified copy or any part thereof.]
Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against.
(3) The Appellate Tribunal may regulate its own procedure.
(4) On application to the Appellate Tribunal and on payment of the prescribed fee, the Appellate Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Appellate Tribunal and obtain a certified copy or any part thereof.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58P Notice or order not to be invalid for error in description.
1[58P. Notice or order not to be invalid for error in description. -- No notice issued or served, no declaration made, and no order passed under this Chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58Q Bar of Jurisdiction.
1[58Q. Bar of jurisdiction.-- No order passed or declaration made under this Chapter shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58R Competent Authority and Appellate Tribunal to have powers of civil court.
1[58R. Competent Authority and Appellate Tribunal to have powers of civil court.--The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for examination of witnesses or documents;
(f) any other matter which may be prescribed.]
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for examination of witnesses or documents;
(f) any other matter which may be prescribed.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58S Information to competent authority.
1[58S. Information to competent authority.-- (1) Notwithstanding anything contained in any other law for the time being in force, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, on points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Chapter.
(2) Every officer referred to in section 58T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter.]
(2) Every officer referred to in section 58T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58T Certain officers to assist Administrator, competent authority and Appellate Tribunal.
1[58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal.-- For the purposes of any proceedings under this Chapter, the following officers shall render such assistance as may be necessary to the Administrator appointed under section 58G, competent authority and the Appellate Tribunal, namely:--
(a) officers of Police;
(b) officers of the State Forest Departments;
(c) officers of the Central Economic Intelligence Bureau;
(d) officers of the Directorate of Revenue Intelligence;
(e) such other officers as specified by the State Government in this behalf by notification in the Official Gazette.
(a) officers of Police;
(b) officers of the State Forest Departments;
(c) officers of the Central Economic Intelligence Bureau;
(d) officers of the Directorate of Revenue Intelligence;
(e) such other officers as specified by the State Government in this behalf by notification in the Official Gazette.
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58U Power to take possession.
1[58U. Power to take possession. -- (1) Where any property has been declared to be forfeited to the State Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 58K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 58G or to any person duly authorised by him in this behalf within thirty days of the service of the order.
(2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary.
(3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1) requisition the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.]
(2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary.
(3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1) requisition the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58V Rectification of mistakes.
1[58V. Rectification of mistakes.-- With a view to rectifying any mistake apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order:
Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not be made without giving to such person a reasonable opportunity of being heard.]
Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not be made without giving to such person a reasonable opportunity of being heard.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58W Findings under other laws not conclusive for proceedings under this Chapter.
1[58W. Findings under other laws not conclusive for proceedings under this Chapter. --No finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this Chapter.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58X Service of notices and orders.
1[58X. Service of notices and orders.-- Any notice or order issued or made under this Chapter shall be served,
(a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;
(b) if the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.]
(a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;
(b) if the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 58Y Punishment for acquiring property in relating to which proceeings have been taken under this Chapter.
1[58Y.Punishment for acquiring property in relation to which proceedings have been taken under this Chapter.-- Any person who knowingly acquires, by any mode whatsoever, any property in relation to which proceedings are pending under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.]
1. Ins. by Act 16 of 2003, s. 34 (w.e.f. 1-4-2003).
Section 59 Officers to be public servants.
Every officer referred to 1[in Chapter II and the chairperson, members, member-secretary and other officers and employees referred to in Chapter IVA], 2[Chapter IVB] and every other officer exercising any of the powers conferred by this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
1. Subs. by Act 44 of 1991, s. 41, for "in Chapter II and" (w.e.f. 2-10-1991).
2. Ins. by Act 39 of 2006, s. 5 (w.e.f. 4-9-2006).
2. Ins. by Act 39 of 2006, s. 5 (w.e.f. 4-9-2006).
Section 60 Protection of action taken in good faith.
(1) No-suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
1[(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IVA 2[Chapter IVB and its chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.]
(2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
1[(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IVA 2[Chapter IVB and its chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.]
1. Ins. by Act 44 of 1991, s. 42 (w.e.f. 2-10-1991).
2. Ins. by Act 39 of 2006, s. 6 (w.e.f. 4-9-2006).
2. Ins. by Act 39 of 2006, s. 6 (w.e.f. 4-9-2006).
Section 60A Reward to persons.
1[60A. Reward to persons.-- (1) When a court imposes a sentence of fine or a sentence of which fine forms a part, the Court may, when passing judgment, order that the reward be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the proceeds of fine not exceeding 2[fifty per cent. of such fine.]
(2) Where a case is compounded under Sec. 54, the officer compounding may order reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the sum of money accepted by way of composition not exceeding 3[fifty per cent. of such money].]
(2) Where a case is compounded under Sec. 54, the officer compounding may order reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the sum of money accepted by way of composition not exceeding 3[fifty per cent. of such money].]
1. Ins. by Act 44 of 1991, s. 43 (w.e.f. 2-10-1991).
2. Subs. by Act 16 of 2003, s. 35, for "twenty per cent. of such fine" (w.e.f. 1-4-2003).
3. Subs. by s. 35, ibid., for "twenty per cent. of such money" (w.e.f. 1-4-2003).
2. Subs. by Act 16 of 2003, s. 35, for "twenty per cent. of such fine" (w.e.f. 1-4-2003).
3. Subs. by s. 35, ibid., for "twenty per cent. of such money" (w.e.f. 1-4-2003).
Section 60B Reward by State Government.
1[60B. Reward by State Government. -- The State Government may empower the Chief Wild Life Warden to order payment of reward not exceeding ten thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed.]
1. Ins. by s. 36, ibid. (w.e.f. 1-4-2003).
Section 61 Power to alter entries in Schedules 9 docs
(1) The Central Government may, if it is of opinion that it is expedient so to do, by notification, 1[ 2[amend any Schedule or add] or delete any entry to or from any Schedule] or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another.
3 * * * *
(3) On the issue of a notification under sub-section (1), 4*** the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration.
5* * * * *
Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government, shall prevail in that State:
Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government.
3 * * * *
(3) On the issue of a notification under sub-section (1), 4*** the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration.
5* * * * *
Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government, shall prevail in that State:
Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government.
1. Subs. by Act 44 of 1991, s. 44, for "add any entry to any Schedule" (w.e.f. 2-10-1991).
2. Subs. by Act 18 of 2022, s. 37, for "add" (w.e.f. 1-4-2023).
3. Sub-section (2) omitted by s. 44, ibid. (w.e.f. 2-10-1991).
4. The words brackets and figure "or sub-section (2)" omitted by Act 44 of 1991, s. 44 (w.e.f. 2-10-1991).
5. Sub-section (4) omitted by s. 44, ibid. (w.e.f. 2-10-1991).
2. Subs. by Act 18 of 2022, s. 37, for "add" (w.e.f. 1-4-2023).
3. Sub-section (2) omitted by s. 44, ibid. (w.e.f. 2-10-1991).
4. The words brackets and figure "or sub-section (2)" omitted by Act 44 of 1991, s. 44 (w.e.f. 2-10-1991).
5. Sub-section (4) omitted by s. 44, ibid. (w.e.f. 2-10-1991).
Section 62 Declaration of certain wild animals to be vermin.
1[The Central Government] may, by notification, declare any wild animal 2[specified in Schedule II] to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be 3[deemed not to be included in Schedule II for such area and for such period as specified in the notification].
1. Subs. by Act 44 of 1991, s. 45, for certain words (w.e.f. 2-10-1991).
2. Subs. by Act 18 of 2022, s. 38, for "other than those specified in Schedule I and Part II of Schedule II" (w.e.f. 1-4-2023).
3. Subs. by s. 38, ibid., for "deemed to have been included in Schedule V" (w.e.f. 1-4-2023).
2. Subs. by Act 18 of 2022, s. 38, for "other than those specified in Schedule I and Part II of Schedule II" (w.e.f. 1-4-2023).
3. Subs. by s. 38, ibid., for "deemed to have been included in Schedule V" (w.e.f. 1-4-2023).