WILD LIFE (PROTECTION) ACT, 1972

[Act No. 53 of 1972]

[09th September, 1972]

PREAMBLE

[1][An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.]

[2][***]

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Wild Life (Protection) Act, 1972.

(2)     [3][It extends to the whole of India [4][***].

(3)     It shall come into force in a State or Union Territory to which it extends, [5][***] on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act or for different States or Union territories.

Section 2 - Definitions

In this Act, unless the context otherwise requires,-

(1)     [6]["animal" includes mammals, birds, reptiles, amphibians, fish, other chordates and invertebrates and also includes their young and eggs;]

(2)     "animal article" means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal [7][has been used, and ivory imported into India and an article made therefrom];

(3)     [8][***]

(4)     [9]["Board" means a State Board for Wild Life constituted under sub?section (1) of section 6;]

(5)     "captive animal" means any animal, specified in Schedule I, Schedule II, Schedule III or Schedule IV, which is captured or kept or bred in captivity;

(6)     [10][***]

(7)     "Chief Wild Life Warden" means the person appointed as such under clause (a) of sub-section (1) of section 4;

[11][(7A) "circus" means an establishment, whether stationary or mobile, where animals are kept or used wholly or mainly for the purpose of performing tricks or manoeuvres;]

(8)     [12][***]

(9)     [13]["Collector" means the chief officer-in-charge of the revenue administration of a district or any other officer not below the rank of a Deputy Collector as may be appointed by the State Government under section 18B in this behalf;]

(10)   "commencement of this Act", in relation to-

(a)      a State, means commencement of this Act in that State,

(b)      any provision of this Act, means the commencement of that provision in the concerned State;

(11)   [14]["dealer" in relation to any captive animal, animal article, trophy, uncured trophy, meat or specified plant, means a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes business in any single transaction;]

(12)   "Director" means the person appointed as Director of Wild Life Preservation under clause (a) of sub-section (1) of section 3;

[15][(12A) "Forest officer" means the Forest officer appointed under clause (2) of section 2 of the Indian Forest Act, 1927 (16 of 1927) or under any other Act for the time being in force in a State;]

[16](12B) "forest produce" shall have the same meaning as in sub-clause (b) of clause (4) of section 2 of the Indian Forest Act, 1927 (16 of 1927);]

(13)   [17][***]

(14)   "Government property" means any property referred to in section 39;6[or section 17H;]

(15)   "habitat" includes land, water or vegetation which is the natural home of any wild animal;

(16)   "hunting", with its grammatical variations and cognate expressions, includes,-

(a)      [18][killing or poisoning of any wild animal or captive animal and every attempt to do so;

(b)      capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;]

(c)      injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles or disturbing the eggs or nests of such birds or reptiles;

(17)   "land" includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, [19][marshes and wetlands and also includes boulders and rocks];

(18)   "licence" means a licence granted under this Act;

[20][(18A) "livestock" means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in Schedules I to V;]

(19)   [21]["manufacturer" means a person who manufactures articles from any animal or plant specified in Schedules I to V and VI, as the case may be;

(20)   "meat" includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked, of any wild animal or captive animal, other than a vermin;

(20A) "National Board" means the National Board for Wild Life constituted under section 5A;]

(21)   "National Park" means an area declared, whether under section 35 or section 38, or deemed, under sub-section (3) of section 66, to be declared, as a National Park;

(22)   "notification" means a notification published in the Official Gazette;

(23)   "permit" means a permit granted under this Act or any rule made thereunder;

(24)   "person" includes a firm;

[22][(24A) "protected area means a National Park, a sanctuary, a conservation reserve or a community reserve notified under sections 18, 35, 36A and 36C of the Act;]

(25)   "prescribed" means prescribed by rules made under this Act;

[23][(25A) "recognised zoo" means a zoo recognised under section 38H;]

[24][(25B) "reserve forest" means the forest declared to be reserved by the State Government under section 20 of the Indian Forest Act, 1927 (16 of 1927), or declared as such under any other State Act;

(26)   [25]["sanctuary" means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and shall also include a deemed sanctuary under sub-section (4) of section 66;]

(27)   [26]["specified plant" means any plant specified in Schedule VI;]

(28)   [27][***]

(29)   "State Government", in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution;

(30)   [28]["taxidermy", with its grammatical variations and cognate expressions, means the curing, preparation or preservation or mounting of trophies;]

[29][(30A) "territorial waters" shall have the same meaning as in section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);]

(31)   "trophy" means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes-

(a)      rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and

(b)      [30][antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb;]

(32)   "uncured trophy" means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone a process of taxidermy, and includes a [31][freshly killed wild animal, ambergris, musk and other animal products];

(33)   "vehicle" means any conveyance used for movement on land, water or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and mule;

(34)   "vermin" means any wild animal specified in Schedule V;

(35)   "weapon" includes ammunition, bows and arrows, explosives, firearms, hooks, knives, nets, poison, snares and traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal;

(36)   [32]["wild animal" means any animal specified in Schedules I to IV and found wild in nature;]

(37)   [33]["wild life" includes any animal, aquatic or land vegetation which forms part of any habitat;]

(38)   "Wild Life Warden" means the person appointed as such under clause (b) of sub?section (1) of section 4;

(39)   [34]["zoo" means an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public [35][and includes a circus and rescue centers but does not include an establishment].]

Section 3 - Appointment of Director and other officers

(1)     The Central Government may, for the purposes of this Act, appoint,-

(a)      A Director of Wild Life Preservation;

(b)      [36][***]

(c)      such other officers and employees as may be necessary.

(2)     In the performance of his duties and exercise of his powers by or under this Act, the Director shall be subject to such general or special directions, as the Central Government may, from time to time, give.

(3)     [37][The officers and other employees appointed under this section shall be required to assist the Director.]

Section 4 - Appointment of Life Warden and other officers

(1)     The State Government may, for the purposes of this Act, appoint,-

(a)      a Chief Wild Life Warden;

(b)      Wild Life Wardens;

[38][***]

[39][(bb) Honorary Wild Life Wardens;]

(c)      such other officers and employees as may be necessary.

(2)     In the performance of his duties and exercise of his powers by or under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the State Government may, from time to time, give.

(3)     [40][The Wild Life Warden, the Honorary Wild Life Warden] and other officers and employees appointed under this section shall be subordinate to the Chief  Wild Life Warden.

Section 5 - Power to delegate

(1)     The Director may, with the previous approval of the Central Government, by order in writing, delegate all or any of his powers and duties under this Act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order.

(2)     The Chief Wild Life Warden may, with the previous approval of the State Government by order in writing, delegate all or any of his powers and duties under this Act, except those under clause (a) of sub-section (1) of section 11, to any officer subordinate to him subject to such conditions, if any, as may be specified in the order.

(3)     Subject to any general or special direction given or condition imposed by the Director or the Chief Wild Life Warden, any person, authorized by the Director or the Chief Wild Life Warden to exercise any powers, may exercise those powers in the same manner and to the same effect as if they had conferred on that person directly by this Act and not by way of delegation.

Section 5A - Constitution of the National Board for Wild Life

[41][5A. Constitution of the National Board for Wild Life

(1)     The Central Government shall, within three months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002, constitute the National Board for Wild Life[42] consisting of the following members, namely:-

(a)      the Prime Minister as Chairperson;

(b)      the Minister in-charge of Forests and Wild Life as Vice-Chairperson;

(c)      three members of Parliament of whom two shall be from the House of the People and one from the Council of States;

(d)      Member, Planning Commission in-charge of Forests and Wild Life;

(e)      five persons to represent non-governmental organizations to be nominated by the Central Government;

(f)       ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and environmentalists;

(g)      the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Forests and Wild Life;

(h)     the Chief of the Army Staff;

(i)       the Secretary to the Government of India in-charge of the Ministry of Defence;

(j)       the Secretary to the Government of India in-charge of the Ministry of Information and Broadcasting;

(k)      the Secretary to the Government of India in-charge of the Department of Expenditure, Ministry of Finance;

(l)       the Secretary to the Government of India, Ministry of Tribal Welfare;

(m)    the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild Life;

(n)     the Director-General of Tourism, Government of India;

(o)      the Director-General, Indian Council for Forestry Research and Education, Dehradun;

(p)      the Director, Wild Life Institute of India, Dehradun;

(q)      the Director, Zoological Survey of India;

(r)      the Director, Botanical Survey of India;

(s)      the Director, Indian Veterinary Research Institute;

(t)       the Member-Secretary, Central Zoo Authority;

(u)     the Director, National Institute of Oceanography;

(v)      one representative each from ten States and Union territories by rotation, to be nominated by the Central Government;

(w)     the Director of Wild Life Preservation who shall be the Member-Secretary of the National Board.

(2)     The term of office of the members other than those who are members ex officio, the manner of filling vacancies referred to in clauses (e), (f) and (v) of sub-section (1), and the procedure to be followed in the discharge of their functions by the members of the National Board shall be such, as may be prescribed.

(3)     The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.

(4)     Notwithstanding anything contained in any other law for the time being in force, the office of a member of the National Board shall not be deemed to be an office of profit.]

Section 5B - Standing Committee of the National Board

[43][5B. Standing Committee of the National Board

(1)     The National Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board.

(2)     The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be nominated by the Vice-Chairperson from amongst the members of the National Board.

(3)     The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it.]

Section 5C - Functions of the National Board

[44][5C. Functions of the National Board

(1)     It shall be the duty of the National Board to promote the conservation and development of wild life and forests by such measures as it thinks fit.

(2)     Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for-

(a)      framing policies and advising the Central Government and the State Governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products;

(b)      making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas;

(c)      carrying out or causing to be carried out impact assessment of various projects and activities on wild life or its habitat;

(d)      reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures for improvement thereto; and

(e)      preparing and publishing a status report at least once in two years on wild life in the country.]

Section 6 - Constitution of State Board for Wild Life

[45][6. Constitution of State Board for Wild Life

(1)     The State Government shall, within a period of six months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 constitute a State Board for Wild Life consisting of the following members, namely:-

(a)      the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may be - Chairperson;

(b)      the Minister in-charge of Forests and Wild Life - Vice-Chairperson;

(c)      three members of the State Legislature or in the case of a Union territory with Legislature, two members of the Legislative Assembly of that Union territory;

(d)      three persons to represent non-governmental organizations dealing with wild life to be nominated by the State Government;

(e)      ten persons to be nominated by the State Government from amongst eminent conservationists, ecologists and environmentalists including at least two representatives of the Scheduled Tribes;

(f)       the Secretary to the State Government or the Government of the Union territory, as the case may be, in-charge of Forests and Wild Life;

(g)      the Officer in-charge of the State Forest Department;

(h)     the Secretary to the State Government, Department of Tribal Welfare;

(i)       the Managing Director, State Tourism Development Corporation;

(j)       an officer of the State Police Department not below the rank of Inspector-General;

(k)      a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government;

(l)       the Director, Department of Animal Husbandry of the State;

(m)    the Director, Department of Fisheries of the State;

(n)     an officer to be nominated by the Director, Wild Life Preservation;

(o)      a representative of the Wild Life Institute of India, Dehradun;

(p)      a representative of the Botanical Survey of India;

(q)      a representative of the Zoological Survey of India;

(r)      the Chief Wild Life Warden, who shall be the Member-Secretary.

(2)     The term of office of the members other than those who are members ex officio and the manner of filling vacancies referred to in clauses (d) and (e) of sub-section (1) and procedure to be followed shall be such, as may be prescribed.

(3)     The member (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.]

Section 7 - Procedure to be followed by the Board

(1)     The Board shall meet at least twice a year at such place as the State Government may direct.

(2)     The Board shall regulate its own procedure (including the quorum).

(3)     No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the Board not affecting the merits of the case.

Section 8 - Duties of State Board for Wild Life

8. Duties of [46][State Board for Wild Life]

It shall be the duty of the [47][State Board for Wild Life] to advise the State Government,-

(a)      [48][in the selection and management of areas to be declared as protected areas;]

(b)      [49][in formulation of the policy for protection and conservation of the wild life and specified plants;]

(c)      in any matter relating to the amendment of any Schedule;

[50][***]

[51][(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life; and]

(d)      in any other matter connected with the protection of wild life which may be referred to it by the State Government.

Section 9 - Prohibition of hunting

[52][9. Prohibition of hunting

No person shall hunt any wild animal specified in Schedules I, II, III and IV except as provided under section 11 and section 12.]

Section 10 - Maintenance of record of wild animals killed or captured [Repealed]

10. Maintenance of records of wild animals killed or captured

[53][***]

Section 11 - Hunting of wild animals to be permitted in certain cases

(1)     Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of Chapter IV,-

(a)      the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefore, permit any person to hunt such animal or cause such animal to be hunted:

[54][Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, tranquilised or translocated:

Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing.

Explanation.-For the purposes of clause (a), the process of capture or translocation, as the case may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal]

(b)      the Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild animal specified in Schedule II, Schedule III, or Schedule IV has become dangerous to human life or to property (including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefore, permit any person to hunt [55][such animal or group of animals in a specified area or cause such animal or group of animals in that specified area to be hunted].

(2)     The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence:

Provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this Act or any rule or order made thereunder.

(3)     Any wild animal killed or wounded in defence of any person shall be Government property.

Section 12 - Grant of permit for special purposes

Notwithstanding anything contained elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden, to grant [56][***] a permit, by an order in writing stating the reasons therefore, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of,-

(a)      education;

(b)      [57][scientific research;

(bb) scientific management.

Explanation.-For the purposes of clause (bb), the expression, "Scientific Manage?ment" means-

(1)     translocation of any wild animal to an alternative suitable habitat; or

(2)     population management of wildlife without killing or poisoning or destroying any wild animals;]

(c)      [58][collection of specimens-

(i)       for recognised zoos subject to the permission under section 38I; or

(ii)      for museums and similar institutions;

(d)      derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:]

[59][Provided that no such permit shall be granted-

(a)      in respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and

(b)      in respect of any other wild animal, except with the previous permission of the State Government.]

Section 13 - Suspension or cancellation of licence [Repealed]

13. Suspension or cancellation of licence

[60][***]

Section 14 - Appeals [Repealed]

14. Appeals

[61][***]

Section 15 - Hunting of young and female of wild animals [Repealed]

15. Hunting of young and female of wild animals

[62][***]

Section 16 - Declaration of closed time [Repealed]

16. Declaration of closed time

[63][***]

Section 17 - Restrictions on hunting [Repealed]

 

17. Restrictions on hunting

[64][***]

Chapter 3A - PROTECTION OF SPECIFIED PLANTS

[65][CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS

Section 17A - Prohibition of picking, uprooting, etc. of specified plant

Save as otherwise provided in this Chapter, no person shall-

(a)      willfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government;

(b)      posses, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof:

Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the provisions of Chapter IV, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bona fide personal use.

Section 17B - Grants of permit for special purposes

The Chief Wild Life Warden may, with the previous permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section 17A or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of-

(a)      education;

(b)      scientific research;

(c)      collection, preservation and display in a herbarium of any scientific institution; or

(d)      propagation by a person or an institution approved by the Central Government in this regard.

Section 17C - Cultivation of specified plants without licence prohibited

(1)     No person shall cultivate a specified plant except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf:

Provided that nothing in this section shall prevent a person, who immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991, was cultivating a specified plant from carrying on such cultivation for a period of six months from such commencement or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him.

(2)     Every licence granted under this section shall specify the area in which and the conditions, if any, subject to which the licensee shall cultivate a specified plant.

Section 17D - Dealing in specified plants without licence prohibited

(1)     No person shall, except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivate thereof:

Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991, was carrying on such business or occupation, from carrying on such business or occupation for a period of sixty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him.

(2)     Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to which the licensee shall carry on his business.

Section 17E - Declaration of stock

(1)     Every person cultivating, or dealing in, a specified plant or part or derivative thereof shall, within thirty days from the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 declare to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, his stocks of such plants and part or derivative thereof, as the case may be, on the date of such commencement.

(2)     The provisions of sub-sections (3) to (8) (both inclusive) of section 44, section 45, section 46 and section 47 shall, as far as may be, apply in relation to an application and a licence referred to in section 17C and section 17D as they apply in relation to the licence or business in animals or animal articles.

Section 17F - Possession, etc., of plants by licensee

No licensee under this Chapter shall-

(1)     keep in his control, custody or possession-

(i)       any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made;

(ii)      any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;

(2)     (i) pick, uproot, collect or acquire any specified plant, or

(ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof,

except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act.

Section 17G - Purchase, etc., of specified plants

No person shall purchase, receive or acquire any specified plant or part or derivative thereof otherwise than from a licensed dealer:

Provided that nothing in this section shall apply to any person referred to in section 17B.

Section 17H - Plants to be Government property

(1)     Every specified plant or part or derivative thereof, in respect of which any offence against this Act or any rule or order made thereunder has been committed, shall be the property of the State Government, and, where such plant or part or derivative thereof has been collected or acquired from a sanctuary or National Park declared by the Central Government, such plant or part or derivative thereof shall be the property of the Central Government.

(2)     The provisions of sub-sections (2) and (3) of section 39 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof or they apply in relation to wild animals and articles referred to in sub-section (1) of that section.]

Chapter 4 - PROTECTED AREAS

CHAPTER IV [66][PROTECTED AREAS]

Sanctuaries

Section 18 - Declaration of sanctuary

(1)     [67][The State Government may, by notification, declare its intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.]

(2)     The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area.

Explanation.-For the purposes of this section it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.

Section 18A - Protection to sanctuaries

[68][18A. Protection to sanctuaries

(1)     When the State Government declares its intention under sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith.

(2)     Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.

Section 18B - Appointment of Collectors

[69][18B. Appointment of Collectors

The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002, or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under sub?section (1) of section 18.]

Section 19 - Collector to determine rights

[70][When a notification has been issued under section 18] the controller shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary.

Section 20 - Bar of accrual of rights

After the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.

Section 21 - Proclamation by Collector

When a notification has been issued under section 18, the Collector shall1[within a period of sixty days,] publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation-

(a)      specifying, as nearly as possible, the situation and the limits of the sanctuary; and

(b)      requiring any person, claiming any right mentioned in section 19, to prepare before the Collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with necessary details and the amount and particulars of compensation, if any, claimed in respect thereof.

[71]Section 22 - Inquiry by Collector

The Collector shall, after service of the prescribed notice upon the claimant, expeditiously inquire into

(a)      the claim preferred before him under clause (b) of section 21, and

(b)      the existence of any right mentioned in section 19 and not claimed under clause (b) of section 21,

so far as the same may be ascertainable from the records of the State Government and the evidence of any person acquainted with the same.

Section 23 - Powers of Collector

For the purpose of such inquiry, the Collector may exercise the following powers, namely:-

(a)      the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so;

(b)      the same powers as are vested in a civil court for the trial of suits.

Section 24 - Acquisition of rights

(1)     In the case of a claim to a right in or over any land referred to in section 19, the Collector shall pass an order admitting or rejecting the same in whole or in part.

(2)     If such claim is admitted in whole or in part, the Collector may either-

(a)      exclude such land from the limits of the proposed sanctuary, or

(b)      proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender 1 is rights to the Government, in or over such land, and on payment of such compensation, as is provided in the Land Acquisition Act, 1894 (1 of 1894),

(c)      [72][allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.]

Section 25 - Acquisition proceedings

(1)     For the purpose of acquiring such land, or rights in or over such land,-

(a)      the Collector shall be deemed to be a Collector, proceeding under the Land Acquisition Act, 1894;

(b)      the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;

(c)      the provisions of the sections, preceding section 9 of that Act, shall be deemed to have been complied with;

(d)      where the claimant does not accept the award made in his favour in the matter of compensation, he shall be deemed, within the meaning of section 18 of the Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of Part III of that Act;

(e)      the Collector, with the consent of the claimant, or the court, with the consent of both the parties, may award compensation in land or money or partly in land and partly in money; and

(f)       in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the State Government, provide for an alternative public way or common pasture, as far as may be practicable or convenient.

(2)     The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose.

Section 25A - Time-limit for completion of acquisition proceedings

[73][25A. Time-limit for completion of acquisition proceedings

(1)     The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18.

(2)     The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.]

Section 26 - Delegation of Collector's powers

The State Government may, by general or special order, direct that the powers exercisable or the functions to be performed by the Collector under sections 19 to 25 (both inclusive) may be exercised and performed by such other officer as may be specified in the order.

Section 26A - Declaration of area as sanctuary

[74][26A. Declaration of area as sanctuary

(1)     When-

(a)      a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a sanctuary, have been disposed of by the State Government; or

(b)      any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological faunal floral geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary,

the State Government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be sanctuary on and from such date as may be specified in the notification:

Provided that where any part of the territorial waters is to be so included, prior concurrence of the Central Government shall be obtained by the State Government:

Provided further that the limits of the area of the territorial waters to be included in the sanctuary shall be determined in consultation with the Chief Naval Hydrographer of the Central Government and after taking adequate measures to protect the occupational interests of the local fishermen.

(2)     Notwithstanding anything contained in sub-section (1), the right of innocent passage of any vessel or boat through the territorial waters shall not be affected by the notification issued under sub-section (1).

(3)     [75][No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.]

Section 27 - Restriction on entry in sanctuary

(1)     No person other than,-

(a)      a public servant on duty,

(b)      a person who has been permitted by the Chief Wild Life Warden or the authorised officer to reside within the limits of the sanctuary,

(c)      a person who has any right over immovable property within the limits of the sanctuary,

(d)      a person passing through the sanctuary along a public highway, and

(e)      the dependants of the person referred to in clause (a), clause (b) or clause (c), shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28.

(2)     Every person shall, so long as he resides in the sanctuary, be bound-

(a)      to prevent the commission, in the sanctuary, of an offence against this Act;

(b)      where there is reason to believe that any such offence against this Act has been committed in such sanctuary, to help in discovering and arresting the offender;

(c)      to report the death of any wild animal and to safeguard its remains until the Chief Wild Life Warden or the authorised officer takes charge thereof;

(d)      to extinguish any fire in such sanctuary of which he has knowledge or information and to prevent from spreading, by any lawful means in his power, any fire within the vicinity of such sanctuary of which he has knowledge or information; and

(e)      to assist any Forest Officer, Chief Wild Life Warden, Wild Life Warden or Police Officer demanding his aid for preventing the commission of any offence against this Act or in the investigation of any such offence.

(3)     [76][No person shall, with intent to cause damage to any boundary-mark of a sanctuary or to cause wrongful gain as defined in the Indian Penal Code, 1860 (45 of 1860), alter, destroy, move or deface such boundary-mark.

(4)     No person shall tease or molest any wild animal or litter the grounds of sanctuary.]

Section 28 - Grant of permit

(1)     The Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely:-

(a)      investigation or study of wild life and purposes ancillary or incidental thereto;

(b)      hotography;

(c)      scientific research;

(d)      tourism;

(e)      transaction of lawful business with any person residing in the sanctuary.

(2)     A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed.

Section 29 - Destruction, etc., in a sanctuary prohibited without permit

[77][29. Destruction, etc., in a sanctuary prohibited without a permit

No person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the Board that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit:

Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal bona fide needs of the people living in and around the sanctuary and shall not be used for any commercial purpose.

Explanation.-For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33 shall not be deemed to be an act prohibited under this section.]

Section 30 - Causing fire prohibited

No person shall set fire to a sanctuary, or kindle any fire, or leave any fire burning, in a sanctuary, in such manner as to endanger such sanctuary.

Section 31 - Prohibition of entry into sanctuary with weapon

No person shall enter a sanctuary with any weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.

Section 32 - Ban on use of injurious substances

No person shall use, in a sanctuary, chemicals, explosives or any other substances which may cause injury to or endanger, any wild life in such sanctuary.

Section 33 - Control of sanctuaries

The Chief Wild Life Warden shall be the authority who shall control, manage and maintain all sanctuaries and for that purpose, within the limits of any sanctuary,-

(a)      may construct such roads, bridges, buildings, fences or barrier gates, and carry-out such other works as he may consider necessary for the purposes of such sanctuary;

[78][Provided that no construction of commercial tourist lodges, hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.]

(b)      shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein;

(c)      may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat;

(d)      may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of [79][live-stock].

(e)      [80][***]

Section 33A - Immunisation of live-stock

[81][33A. Immunisation of live-stock

(1)     The Chief Wild Life Warden shall take such measures in such manner, as may be prescribed, for immunisation against communicable diseases of the live-stock kept in or within five kilometres of a sanctuary.

(2)     No person shall take, or cause, to be taken or grazed, any live-stock in a sanctuary without getting it immunised.]

Section 33B - Advisory Committee

[82][33B. Advisory Committee

(1)     The State Government shall constitute an Advisory Committee consisting of the Chief Wild Life Warden or his nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within whose constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of non-governmental organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with Home and Veterinary matters, Honorary Wild Life Warden, if any, and the officer-in-charge of the sanctuary as Member-Secretary.

(2)     The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary.

(3)     The Committee shall regulate its own procedure including quorum.]

Section 34 - Registration of certain persons in possession of arms

(1)     Within three months from the declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such sanctuary and holding a licence granted under the Arms Act, 1959 (54 of 1959), for the possession of arms or exempted from the provisions of that Act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief Wild Life Warden or the authorised officer, for the registration of his name.

(2)     On receipt of an application under sub-section (1), the Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed.

(3)     [83][No new licences under the Arms Act, 1959 (54 of 1959) shall be granted within a radius of ten kilometres of a sanctuary without the prior concurrence of the Chief Wild Life Warden.]

Section 34A - Power to remove encroachment

[84][34A. Power to remove encroachment

(1)     Notwithstanding anything contained in any other law for the time being in force, any officer not below the rank of an Assistant Conservator of Forests may,-

(a)      evict any person from a sanctuary or National Park, who unauthorisedly occupies Government land in contravention of the provisions of this Act;

(b)      remove any unauthorised structures, buildings, or constructions erected on any Government land within any sanctuary or National Park and all the things, tools and effects belonging to such person shall be confiscated, by an order of an officer not below the rank of the Deputy Conservator of Forests:

Provided that no such order shall be passed unless the affected person is given an opportunity of being heard.

(2)     The provisions of this section shall apply notwithstanding any other penalty which may be inflicted for violation of any other provision of this Act.]

Section 35 - Declaration of National Parks

(1)     Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park:

[85][Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.]

(2)     The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park.

(3)     Where any area is intended to be declared as a National Park, the provisions of sections [86][19 to 26A (both inclusive except clause (c) of sub-section (2) of section 24)] shall, as far as may be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary.

(4)     When the following events have occurred, namely:-

(a)      the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and

(b)      all rights in respect of lands proposed to be included in the National Park have become vested in the State Government, the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification.

(5)     [87][No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board.

(6)     [88][No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the National Park, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the National Board that such removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit:

Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.]

(7)     No grazing of any [89][live-stock] shall be permitted in a National Park and no [90][live?stock] shall be allowed to enter therein except where such [91][live-stock] is used as a vehicle by a person authorised to enter such National Park.

(8)     The provisions of sections 27 and 28, sections 30 to 32 (both inclusive), and clauses (a), (b) and (c) of [92][section 33, section 33 A] and section 34 shall, as far as may be apply in relation to a National Park as they apply in relation to a sanctuary.

[93][Explanation. - For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply.]

(9)     [94][***]

Section 36 - Declaration of game reserve [Repealed]

36. Declaration of ?Game Reserve?

[95][***]

Section 36A - Declaration and management of a conservation reserve

[96][36A. Declaration and management of a conservation reserve

(1)     The State Government may, after having consultations with the local communities, declare any area owned by the Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat:

Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration.

(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 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary.

Section 36B - Conservation reserve management committee

[97][36B. Conservation reserve management committee

(1)     The State Government shall constitute a conservation reserve management committee to advise the Chief Wild Life Warden to conserve, manage and maintain the conservation reserve.

(2)     The committee shall consist of a representative of the forest or Wild Life Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the field of wild life conservation and one representative each from the Department of Agriculture and Animal Husbandry.

(3)     The Committee shall regulate its own procedure including the quorum.]

Section 36C - Declaration and management of community reserve

[98][36C. Declaration and management of community reserve

(1)     The State Government may, where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.

(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 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary.

(3)     After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the State Government.

Section 36D - Community reserve management committee

[99][36D. Community reserve management committee

(1)     The State Government shall constitute a Community Reserve management committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve.

(2)     The committee shall consist of five representatives nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located.

(3)     The committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve.

(4)     The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve.

(5)     The committee shall regulate its own procedure including the quorum.]

Section 37 - Declaration of closed area [Repealed]

Closed Area 

37. Declaration of closed area.

[100][***]

Section 38 - Power of Central Government to declare areas as sanctuaries or National Parks

Sanctuaries or National Parks declared by Central Government

(1)     Where the State Government leases or otherwise transfers any area under its control, not being an area within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the conditions specified in section 18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of [101][sections 18 to 35] (both inclusive), 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government.

(2)     The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in sub-section (1), whether or not such area has been declared, to be a sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the provisions of sections 35,54 and 55 shall apply in relation to such National Park as they apply in relation to a National Park declared by the State Government.

(3)     In relation to a sanctuary or National Park declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in sub-sections (1) and (2), shall be exercised and discharged by the Director or by such other officer as may be authorised by the Director in this behalf and references, in the sections aforesaid, to the State Government shall be construed as references to the Central Government and reference therein to the Legislature of the State shall be construed as a reference to Parliament.

Chapter 4A - CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS

[102][CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS

Section 38A - Constitution of Central Zoo Authority

(1)     The Central Government shall constitute a body to be known as the Central Zoo Authority (hereinafter in this Chapter referred to as the Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act.

(2)     The Authority shall consist of-

(a)      chairperson;

(b)      such number of members not exceeding ten; and

(c)      member-secretary, to be appointed by the Central Government.

Section 38B - Term of office and conditions of service of Chairperson and members, etc.

(1)     The chairperson and every member [103][other than the Member-Secretary] shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf.

(2)     The chairperson or a member may by writing under his hand addressed to the Central Government, resign from the office of chairperson or, as the case may be, of the member.

(3)     The Central Government shall remove a person from the office of chairperson or member referred to in sub-section (2) if that person-

(a)      becomes an undischarged insolvent;

(b)      gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;

(c)      becomes of unsound mind and stands so declared by a competent court;

(d)      refuses to act or becomes incapable of acting;

(e)      is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the Authority; or

(f)       in the opinion of the Central Government has so abused the position of chairperson or member as to render that person's continuance in office detri?mental to the public interest:

Provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter.

(4)     A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment.

(5)     The salaries and allowances and other conditions of appointment of chairperson, members and member-secretary of the Authority shall be such as may be prescribed.

(6)     The Authority shall, with the previous sanction of the Central Government, employ such officers and other employees as it deems necessary to carry out the purposes of the Authority.

(7)     The terms and conditions of service of the officers and other employees of the Authority shall be such as may be prescribed,

(8)     No act or proceeding of the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the Authority.

Section 38C - Functions of the Authority

The Authority shall perform the following functions, namely:-

(a)      specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo;

(b)      evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed;

(c)      recognise or derecognise zoos;

(d)      identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo;

(e)      co-ordinate the acquisition, exchange and loaning of animals for breeding purposes;

(f)       ensure maintenance of stud-books of endangered species of wild animals bred in captivity;

(g)      identify priorities and themes with regard to display of captive animals in a zoo;

(h)     co-ordinate training of zoo personnel in India and outside India;

(i)       co-ordinate research in captive breeding and educational programmes for the purposes of zoos;

(j)       provide technical and other assistance to zoos for their proper management and development on scientific lines;

(k)      perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos.

Section 38D - Procedure to be regulated by the Authority

(1)     The Authority shall meet as and when necessary and shall meet at such time and place as the chairperson may think fit.

(2)     The Authority shall regulate its own procedure.

(3)     All orders and decisions of the Authority shall be authenticated by the Member-Secretary or any other officer of the Authority duly authorised by the Member-Secretary in this behalf.

Section 38E - Grants and loans to Authority and Constitution of Fund

(1)     The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary.

(2)     There shall be constituted a Fund to be called the Central Zoo Authority Fund and there shall be credited thereto any grants and loans made to the Authority by the Central Government, all fees and charges received by the Authority under this Act and all sums received by the Authority from such other sources as may be decided upon by the Central Government.

(3)     The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Authority and the expenses of the Authority in the discharge of its functions under this Chapter and expenses on objects and for purposes authorised by this Act.

(4)     The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(5)     The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General.

(6)     The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority.

(7)     The accounts of the Authority, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority.

Section 38F - Annual report

 The Authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government.

Section 38G - Annual report and audit report to be laid before Parliament

The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the non-acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received before each House of Parliament.

Section 38H - Recognition of zoos

(1)     No zoo shall be operated without being recognised by the Authority:

Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 may continue to operate without being recognised for a period of [104][eighteen months from the date of such commencement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal.

[105][(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 a zoo shall not be established without obtaining the prior approval of the Authority.]

(2)     Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed.

(3)     Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo.

(4)     No recognition to a zoo shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted.

(5)     No application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard.

(6)     The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section (4):

Provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard.

(7)     An appeal from an order refusing to recognise a zoo under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall He to the Central Government.

(8)     An appeal under sub-section (7) shall be preferred within thirty days from the date of communication to the applicant of the order appealed against:

Provided that the Central Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not referring the appeal in time.

Section 38I - Acquisition of animals by a zoo

[106][38-I. Acquisition of animals by a zoo

(1)     Subject to the other provisions of this Act, no zoo shall acquire, sell or transfer any wild animal or captive animal specified in Schedules I and II except with the previous permission of the Authority.

(2)     No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.]

___________________________

Section 38J - Prohibition of teasing, etc., in a zoo

No person shall tease, molest, injure or feed any animal or cause disturbance to the animals by noise or otherwise or litter the grounds in a zoo.]

Chapter IVB - NATIONAL TIGER CONSERVATION AUTHORITY

[107][CHAPTER IV B NATIONAL TIGER CONSERVATION AUTHORITY]

Section 38K - Definitions

[108][38K. Definitions

In this Chapter,-

(a)      "National Tiger Conservation Authority" means the Tiger Conservation Authority constituted under section 38L;

(b)      "Steering Committee" means the Committee constituted under section 38U;

(c)      "Tiger Conservation Foundation" means the foundation established under section 38X;

(d)      "tiger reserve State" means a State having tiger reserve;

(e)      "tiger reserve" means the areas notified as such under section 38V.]

Section 38L - Constitution of National Tiger Conservation Authority

[109][38L. Constitution of National Tiger Conservation Authority

(1)     The Central Government shall constitute a body to be known as the National Tiger Conservation Authority (hereinafter in this Chapter referred to as the Tiger Conservation Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act.

(2)     The Tiger Conservation Authority shall consist of the following members, namely:-

(a)      the Minister in charge of the Ministry of Environment and Forests- Chairperson;

(b)      the Minister of State in the Ministry of Environment and Forests- Vice-Chairperson;

(c)      three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States;

(d)      eight experts or professionals having prescribed qualifications and experience in conservation of wild life and welfare of people living in tiger reserve out of which at least two shall be from the field of tribal development;

(e)      Secretary, Ministry of Environment and Forests;

(f)       Director General of Forests and Special Secretary, Ministry of Environment and Forests;

(g)      Director, Wild Life Preservation, Ministry of Environment and Forests;

(h)     six Chief Wild Life Wardens from the tiger reserve States in rotation for three years;

(i)       an officer not below the rank of Joint Secretary and Legislative Counsel from the Ministry of Law and Justice;

(j)       Secretary, Ministry of Tribal Affairs;

(k)      Secretary, Ministry of Social Justice and Empowerment;

(l)       Chairperson, National Commission for the Scheduled Tribes;

(m)    Chairperson, National Commission for the Scheduled Castes;

(n)     Secretary, Ministry of Panchayati Raj;

(o)      Inspector-General of Forests or an officer of the equivalent rank having at least ten years experience in a tiger reserve or wildlife management, who shall be the Member-Secretary, to be notified by the Central Government, in the Official Gazette.

(3)     It is hereby declared that the office of member of the Tiger Conservation Authority shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.]

Section 38M - Term of office and conditions of service of members

[110][38M. Term of office and conditions of service of members

(1)     A member nominated under clause (d) of sub-section (2) of section 38L shall hold office for such period not exceeding three years:

Provided that a member may, by writing under his hand addressed to the Central Government, resign from his office.

(2)     The Central Government shall remove a member referred to in clause (d) of sub-section (2) of section 3 8L, from office if he-

(a)      is, or at any time has been, adjudicated as insolvent;

(b)      has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;

(c)      is of unsound mind and stands so declared by a competent court;

(d)      refuses to act or becomes incapable of acting;

(e)      is, without obtaining leave of absence from the Tiger Conservation Authority, absent from three consecutive meetings of the said Authority; or

(f)       has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest:

Provided that no member shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter.

(3)     Any vacancy in the office of a member shall be filled by fresh appointment and such member shall continue for the remainder of the term of the member in whose place he is appointed.

(4)     The salaries and allowances and other conditions of appointment of the members of the Tiger Conservation Authority shall be such as may be prescribed.

(5)     No act or proceeding of the Tiger Conservation Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Tiger Conservation Authority.]

Section 38N - Officers and employees of Tiger Conservation Authority

[111][38N. Officers and employees of Tiger Conservation Authority

(1)     The Tiger Conservation Authority may, with the previous sanction of the Central Government, appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act:

Provided that the officers and employees holding office under the Directorate of Project Tiger and dealing with Project Tiger immediately before the date of constitution of the Tiger Conservation Authority shall continue to hold office in the said Authority by the same tenure and upon the same terms and conditions of service or until the expiry of the period of six months from that date if such employee opts not to be' the employee of that Authority.

(2)     The terms and conditions of service of the officers and other employees of the Tiger Conservation Authority shall be such as may be prescribed.]

Section 38O - Powers and functions of Tiger Conservation Authority

[112][38O. Powers and functions of Tiger Conservation Authority

(1)     The Tiger Conservation Authority shall have the following powers and perform the following functions, namely:-

(a)      to approve the Tiger Conservation Plan prepared by the State Government under sub-section (5) of section 38V of this Act;

(b)      evaluate and assess various aspects of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other projects within the tiger reserves;

(c)      lay down normative standards for tourism activities and guidelines for project tiger from time to time for tiger conservation in the buffer and core area of tiger reserves and ensure their due compliance;

(d)      provide for management focus and measures for addressing conflicts of men and wild animals and to emphasise on co-existence in forest areas outside the National Parks, sanctuaries or tiger reserve, in the working plan code;

(e)      provide information on protection measures including future conservation plan, estimation of population of tiger and its natural prey species, status of habitats, disease surveillance, mortality survey, patrolling, reports on untoward happenings and such other management aspects as it may deem fit including future plan conservation;

(f)       approve, co-ordinate research and monitoring on tiger, co-predators, prey, habitat, related ecological and socio-economic parameters and their evaluation;

(g)      ensure that the tiger reserves and areas linking one protected area or tiger reserve with another protected area or tiger reserve are not diverted for ecologically unsustainable uses, except in public interest and with the approval of the National Board for Wild Life and on the advice of the Tiger Conservation Authority;

(h)     facilitate and support the tiger reserve management in the State for biodiversity conservation initiatives through eco-development and people's participation as per approved management plans and to support similar initiatives in adjoining areas consistent with the Central and State laws;

(i)       ensure critical support including scientific, information technology and legal support for better implementation of the tiger conservation plan;

(j)       facilitate ongoing capacity building programme for skill development of officers and staff of tiger reserves; and

(k)      perform such other functions as may be necessary to carry out the purposes of this Act with regard to conservation of tigers and their habitat.

(2)     The Tiger Conservation Authority may, in the exercise of its powers and performance of its functions under this Chapter, issue directions in writing to any person, officer or authority for the protection of tiger or tiger reserves and such person, officer or authority shall be bound to comply with the directions:

Provided that no such direction shall interfere with or affect the rights of local people particularly the Scheduled Tribes.]

Section 38P - Procedure to be regulated by Tiger Conservation Authority

[113][38P. Procedure to be regulated by Tiger Conservation Authority

(1)     The Tiger Conservation Authority shall meet at such time and at such place as the Chairperson may think fit.

(2)     The Chairperson or in his absence the Vice-Chairperson shall preside over the meetings of the Tiger Conservation Authority.

(3)     The Tiger Conservation Authority shall regulate its own procedure.

(4)     All orders and decisions of the Tiger Conservation Authority shall be authenticated by the Member-Secretary or any other officer of the said Authority duly authorised by the Member-Secretary in this behalf.]

Section 38Q - Grants and loans to Tiger Conservation Authority and Constitution of Fund

[114][38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund

(1)     The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Tiger Conservation Authority grants and loans of such sums of money as that Government may consider necessary.

(2)     There shall be constituted a Fund to be called the Tiger Conservation Authority Fund and there shall be credited thereto-

(i)       any grants and loans made to the Tiger Conservation Authority by the Central Government;

(ii)      all fees and charges received by the Tiger Conservation Authority under this Act; and

(iii)     all sums received by the Authority from such other sources as may be decided upon by the Central Government.

(3)     The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Tiger Conservation Authority and the expenses of the Tiger Conservation Authority incurred in the discharge of its functions under this Chapter.]

Section 38R - Accounts and audit of Tiger Conservation Authority

[115][38R. Accounts and audit of Tiger Conservation Authority

(1)     The Tiger Conservation Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2)     The accounts of the Tiger Conservation Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Tiger Conservation Authority to the Comptroller and Auditor-General of India.

(3)     The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the Tiger Conservation Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the office of the Tiger Conservation Authority.

(4)     The accounts of the Tiger Conservation Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the Tiger Conservation Authority.

Section 38S - Annual report of Tiger Conservation Authority

[116][38S. Annual report of Tiger Conservation Authority

The Tiger Conservation Authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government.]

Section 38T - Annual report and audit report to be laid before Parliament

[117][38T. Annual report and audit report to be laid before Parliament

The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, insofar as they relate to the Central Government, and the reasons for the non-acceptance, if any, of any of such recommendations, and the audit report to be laid, as soon as may be after the reports are received, before each House of Parliament.]

Section 38U - Constitution of Steering Committee

[118][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.]

Section 38V - Tiger Conservation Plan

[119][38V. Tiger Conservation Plan

(1)     The State Government shall, on the recommendation of the Tiger Conservation Authority, notify an area as a tiger reserve.