THE WILD LIFE (PROTECTION) ACT, 1972
CONTENTS
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
AUTHORITIES TO BE APPOINTED OR
CONSTITUTED UNDER THE ACT
3. Appointment of Director and other officers
4. Appointment of Life Warden and other officers
6. Constitution of Wild Life Advisory Board
7. Procedure to be followed by the Board
8. Duties of Wild Life Advisory Board
HUNTING OF WILD ANIMALS
10. [Omitted.]
11. Hunting of wild animals to be permitted in
certain cases
12. Grant of permit for special purposes
13. [Omitted.]
14. [Omitted.]
15. [Omitted. I
16. [Omitted.]
17. [Omitted]
PROTECTION OF SPECIFIED PLANTS
17A. Prohibition of picking, uprooting, etc. of
specified plant
17B. Grants of permit for special purposes.
17C. Cultivation of specified plants without licence
prohibited
17D. Dealing in specified plants without licence
prohibited
17E. Declaration of stock
17F. Possession, etc., of plants by licensee
17G. Purchase, etc., of specified plants
17H. Plants to be Government property
SANCTUARIES, NATIONAL PARKS AND CLOSED AREAS
SANCTUARIES
19. Collector to determine rights
26. Delegation of Collector's powers
26A. Declaration of area as sanctuary
27. Restriction on entry in sanctuary
28. Grant of permit
29. Destruction, etc., in a sanctuary prohibited
without permit
31. Prohibition of entry into sanctuary with weapon
32. Ban on use of injurious substances
33A. Immunisation of live-stock.
34. Registration of certain persons in possession of
arms
NATIONAL PARKS
35. Declaration of National Parks
36. [Omitted.]
CLOSED, AREA
37. Declaration of closed area
38.
Power of Central Government to declare areas as
sanctuaries or National Parks
CENTRAT, ZOO AUTHORITY AND RECOGNITION OF ZOOS
38A. Constitution of Central Zoo Authority
38B. Term of office and conditions of service of
Chairperson and members, etc
38C. Functions of the Authority
38D. Procedure to be regulated by the Authority
38E. Grants and loans to Authority and Constitution of
Fund
38F. Annual report
38G. Annual report and audit report to be laid before
Parliament
38H. Recognition of zoos
38I. Acquisition of animals by a zoo
38J. Prohibition of teasing, etc., in a zoo
TRADE OR COMMERCE IN WILD ANIMALS,
ANIMAL ARTICLES AND TROPHIES
39. Wild animals, etc. to be Government property
40. Declarations
41. Inquiry and preparation of inventories
43. Regulation of transfer of animal, etc.
44. Dealings in trophy and animal articles without
licence prohibited
45. Suspension or cancellation of licences
46. Appeal
48. Purchase of animal, etc., by licensee
48A. Restriction on transportation of wild life
49. Purchase of captive animal, etc., by a person
other than a licensee
PROHIBITION OF TRADE OR COMMERCE IN TROPHIES,
ANIMAL ARTICLES, ETC.
DERIVED FROM CERTAIN ANIMALS
49A. Definitions
49B. Prohibition of dealings in trophies, animal
articles, etc., derived from scheduled animals
PREVENTION AND DETECTION OF OFFENCES
50. Power of entry, search, arrest and detention
51. Penalties
53. Punishment for wrongful seizure
56. Operation of other laws not barred
57. Presumption to be made in certain cases
MISCELLANEOUS
59. Officers to be public servants
60. Protection of action taken in good faith
60A. Reward to persons
61. Power to alter entries in Schedules
62. Declaration of certain wild animals to be vermin
63. Power of Central Government to make rules
64. Power of State Government to make rules
65. Rights or Scheduled Tribes to be protected
THE WILD LIFE
(PROTECTION) ACT, 1972
(53 OF 1972)
[9th September
1972]
An Act to provide for the protection of l [wild animals, birds and plants] and for
matters connected there with or ancillary or incidental thereto.
2[* * *]
1. Subs. by Act 44 of 1991, sec. 2 (w.e.f.
2-10-1991).
2. Preamble omitted by Act 44 of 1991, sec.
3 (w.e.f 2-10-1991).
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement. –
(1) This Act may be called the Wild Life (Protection) Act, 1972.
1[(2) It extends to the whole of India except the
State of Jammu and Kashmir.]
(3) It shall come into force in a State or Union Territory to
which it extends, 2[* * *] 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.
1. Subs. by Act 44 of 1991, sec. 4 (w.e.f.
2-10-1991).
2. Omitted by Act 44 of
1991, sec. 4 (w.e.f. 2-10-1991).
2. Definitions. -In this Act, unless the context otherwise
requires, -
(1) “Animal” includes amphibians, birds, animals and reptiles and
their young, and also includes, in the cases of birds and reptiles, their 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 1[has been used, and ivory imported into India and an
article made therefrom];
2[* * *]
(4) “Board”
means the Wild Life Advisory Board 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;
2[* * *]
(7) “Chief Wild Life Warden” means the person appointed as such
under clause (a) of sub-section (1) of section 4;
3[(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) “Closed area,” means the area, which is declared under
sub-section (1) of section 37 to be closed to hunting;
(9) “Collector”
means the chief officer in charge of the revenue administration of a district;
(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) “Dealer”
means any person who carries on the business of buying and selling any captive
animal, animal article, trophy, uncured trophy 1[meat or specified plant];
(12) “Director”
means the person appointed as Director of Wild Life Preservation under clause
(a) of sub-section (1) of section 3;
3[(12A) “Forest Officer” means the Forest
Officer appointed under clause (2) of section 2 of the Indian Forest Act,
1927;]
4[* * *]
(14) “Government property” means any property
referred to in section 39; 5[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) Capturing,
killing, poisoning, snaring and trapping of any wild animal and every attempt
to do so,
(b) Driving
any wild animal for any of the purposes specified in sub-clause (a),
(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, 1[marshes and wetlands and also includes
boulders and rocks];
(18)
“Licence” means a licence granted under this Act;
3[(18A) “live stock” includes buffaloes, bulls,
bullocks, camels, cows, donkeys, goats, horses, mules, pigs, sheeps, yaks and
also includes their young;]
(19) “Manufacturer”
means a manufacturer of animal articles;
(20) “Meat’
includes blood, bones, sinew, eggs, fat and flesh, whether raw or cooked, of
any wild animal, other than vermin;
(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;
(25) “Prescribed”
means prescribed by rules made under this Act;
3[(25A) “Recognised zoo” means a zoo recognised
under section 38H;
(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);]
(26) “Sanctuary” means an area declared, whether
under section 1 [26A] or section 38,
or deemed, under sub-section (3) of section 66, to be declared, as a wild life
santuary;
1[(27) “Specified
plant” means any plant specified in Schedule VI;]
(28) “Special
game” means any animal specified in Schedule II;
(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) “Taxidenny”, with its grammatical variations and cognate
expressions, means the curing, preparation or preservation of trophies;
3[(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) Antler, hom, rhinoceros hom,
hair, feather, nail, tooth, musk, eggs and nests;
(32) “Uncuredtrophy” 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 1[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) “Vertnin” 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) “Wild animal” means any animal found wild in nature and includes
any animal specified in Schedule I, Schedule II, Schedule III, Schedule IV or
Schedule V, wherever found;
(37) “Wild life” includes any animal, bees, butterflies, crustacean
fish and moths; and aquatic or land vegetation which form part of any habitat;
(38) “Wild Life Warden” means the person appointed as such under
clause (b) of subsection (1) of section 4;
3[(39) “Zoo” means an establishment,
whether stationary or mobile, where captive animals are kept for exhibition to
the public but does not include a circus and an establishment of a licensed
dealer in captive animals.]
1. Subs. by Act 44 of 1991, sec. 5 (w.e.f.
2-10-1991).
2. Sub-sections (3) and (6) omitted by Act
44 of 1991, sec. 5 (w.e.f. 2-10-1991).
3. Ins. by Act 44 of 1991, sec. 5 (w.e.f.
2-10-1991).
4. Sub-section (13) omitted by Act 44 of
l991, sec.5 (w.e.f. 2-10-1991).
CHAPTER-II
AUTHORITIES TO
BE APPOINTED OR CONSTITUTED UNDER THE ACT
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) Assistant
Directors of Wild Life Preservation; and
(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) The Assistant Directors of Wild Life
Preservation and other officers and employees appointed under this section
shall be subordinate to the Director.
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; 1[* * *]
2[(bb) One
Honorary Wild Life Warden in each district; and]
(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) 3[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.
1. Omitted by Act 44 of 1991, sec. 6
(w.e.f. 2-10-1991).
2. Ins. by Act 44 of 1991, sec. 6 (w.e.f.
2-10-1991).
3. Subs, by Act 44 of 1991, sec. 6 (w.e.f.
2-10-1991).
(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, authorised 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.
6. Constitution of Wild Life Advisory
Board. –
(1) The
State Government, or, in the case of a union territory, the administrator,
shall, as soon as may be after the commencement of this Act, constitute a Wild
Life Advisory Board consisting of the following members, namely: --
(a) The Minister in charge of forests in the State or Union
territory, or, if there is no such Minister, the Chief Secretary to the State
Government, or, as the case may be, the Chief Secretary to the Government of
the Union territory, who shall be the Chairman;
(b) Two members of the State Legislature or, in the case of a
Union territory having a Legislature, two members of the Legislature of the
Union territory, as the case may be;
(c) Secretary to the State Government, or the Government of the
Union territory, in charge of forests;
1[(d) The Forest officer in charge of the State
Forest Department by whatever designation called, ex officio;]
(e) An
officer to be nominated by the Director;
(f) Chief
Wild Life Warden, ex officio;
1[(g) Officers of the State Government not
exceeding five;
(h) Such other persons, not exceeding ten,
who, in the opinion of the State Government, are interested in the protection
of wild life, including the representatives of tribals not exceeding three.]
2[(1A)
The State Government may appoint a Vice-Chairman of the Board from amongst the
members referred to in clauses (b) and (h) of sub-section (1)]
(2) The
State Government shall appoint 1[the Forest Officer in charge of the
State Forest Department].
(3) The
term of office of the members of the Board referred to in clause (g)
ofsub-section (1) and the manner of filling vacancies among them shall be such
as may be prescribed.
(4) The
members shall be entitled to receive such allowances in respect of expenses
incurred in the performance of their duties as the State Government may
rescribe.
1. Subs.by Act 44 of l991, sec.7 (w.e.f
2-10-1991).
2. Ins. by Act 44 of 1991, sec. 7 (w.e.f.
2-10-1991).
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.
8. Duties of Wild Life Advisory Board. -It
shall be the duty of the Wild Life Advisory Board to advise the State
Government, -
(a) In
the selection of areas to be declared as sanctuaries, National Parks 1[* * *] and closed areas and the administration
thereof;
2[(b) 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; 1[* * *]
3[(cc) In relation to the measures to be taken for
harinonising 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.
1. Omitted by Act 44 of l991, sec.8
(w.e.f.2-10-1991).
2. Subs. by Act 44 of 1991, sec. 8 (w.e.f
2-10-1991).
3. Ins. by Act 44 of 1991, sec. 8 (w.e.f.
2-10-1991).
CHAPTER-III
HUNTING OF WILD ANIMALS
1[9. Prohibition of hunting: -No person shall hunt any wild animal specified in
Schedules I, II, III and IV except as provided under section II and section
12.]
2[* * *]
1. Subs. by Act 44 of 1991, sec. 9 (w.e.f.
2-10-1991).
2. Section 10 omitted by Act 44 of 1991,
sec. 10 (w.e.f. 2-10-1991).
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 therefor, permit any person to hunt such animal or cause such
animal to be hunted;
(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 therefor, permit any
person to hunt such animal or cause such animal 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.
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 1[* * *] a permit, by an
order in writing stating the reasons therefor, 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;
2[(b) Scientific
research;
(bb) Scientific
Management.
Explanation. -For the purposes of clause (bb), the expression,
“Scientific Management means-
(i) Translocation of any wild animal to an alternative suitable
habitat; or
(ii) Population management of wildlife without killing or poisoning
or destroying any wild animals;]
3[(c) Collection of specimens-
(i) For
recognised zoos subject to the permission under section 381; or
(ii) For
museums and similar institutions;
(d) Derivation, collection or preparation of snake-venom for the
manufacture of life-saving drugs:]
4[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.]
5[* * *]
1. Omitted by Act 23 of 1982, sec. 2 (w.e.f.
21-5-1982).
2. Subs.by Act 23 of 1982, sec. 2 (w.e.f.
21-5-1982).
3. Subs. by Act 44 of l991, sec.11
(w.e.f.2-10-1991).
4. Ins. by Act 23 of 1982, sec. 2 (w.e.f.
21-5-1982).
5. Sections 13 to 17 (both inclusive)
omitted by Act 44 of 1991, sec. 12 (w.e.f. 2-10-1991).
1[CHAPTER IIIA
PROTECTION OF SPECIFIED PLANTS
1. Ins. by Act 44 of 1991, sec. 13 (w.e.f
2-10-1991).
17A. Prohibition
of picking, uprooting, etc. of specified plant. -Save as otherwise provided in this Chapter, no
person shall-
(a) Wilfully 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 bonafide personal use.
17B. Grants of permit forspecial 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.
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.
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.
(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.
17F. Possession,
etc., of plants by licensee. -No licensee under this Chapter shall-
(a) Keep
in his control, custody or possession-
(i) Any specified plant, or part or derivative thereof in respect
of which a declaration under he provisions of section l7E 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;
(b) (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.
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.
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 IV
SANCTUARIES, NATIONAL PARKS 1[* * *] AND CLOSED AREAS
Sanctuaries
1. Omitted by Act 44 of 1991, sec. 14
(w.e.f. 2-10-1991).
18. Declaration of sanctuary. –
1[(1)
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.
1. Subs. by Act 44 of 1991, sec. 15 (w.e.f.
2-10-1991).
19. Collector to determine
rights. -1[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.
1. Subs. by Act 44 of 1991, sec. 16 (w.e.f.
2-10-1991).
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.
21. Proclamation by Collector. -When
a notification has been issued under section 18, the Collector shall 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.
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.
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.
(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 his
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[(c) 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.]
1. Ins. by Act 44 of 1991, sec. 17 (w.e.f.
2-10-1991).
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.
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.
1[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) No
alteration of the boundaries of a sanctuary shall be made except on a
resolution passed by the Legislature of the State.]
1. Ins. by Act 44 of 1991, sec. 18 (w.e.f.
2-10-1991).
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
dependents 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.
1[(3) 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.]
1. Ins. by Act 44 of 1991, sec. 19 (w.e.f.
2-10-1991).
(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) Photography;
(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.
1[29. Destruction, etc., in a sanctuary prohibited
without permit: -No person shall destroy, exploit or remove any
wild life from a sanctuary or destroy or damage the habitat of any wild animal
or deprive any wild animal of its habitat within such 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 that such
destruction, exploitation or removal of wild life from the sanctuary is
necessary for the improvement and better management of wild life therein,
authorises the issue of such permit.
Explanation. -For the purposes of this section, grazing or
movement of live-stock permitted under clause (d) of section 33 shall not be
deemed to be an act prohibited under this section.]
1. Subs.by Act 44 of l991,
sec.20 (w.e.f. 2-10-1991).
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.
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.
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.
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 carryout such other works as he may consider necessary for
the purposes of such sanctuary;
(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 1[live-stock].
2[***]
1. Subs. by Act 44 of 1991, sec. 21 (w.e.f
2-10-1991).
2. Clause (e) omitted by Act 44 of 1991,
sec. 21 (w.e.f. 2-10-1991).
1[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.]
1. Ins. by Act 44 of 1991, sec. 22 (w.e.f.
2-10-1991).
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.
1[(3)
No new licences under the Arms Act, 1959
(54 of 1959) shall be granted within aradius of ten kilometres of a sanctuary
without the prior concurrence of the Chief Wild Life Warden.]
1. Ins.by Act 44 of l991, sec.22A
(w.e.f.2-10-1991).
NATIONAL PARKS
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:
1[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 2[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) No alteration of the boundaries of a National Park shall be
made except on a resolution passed by the Legislature of the State.
(6) No person shall destroy, exploit or remove any wild life from
a National Park or destroy or damage the habitat of any wild animal or deprive
any wild animal of its habitat within such 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 that such
destruction, exploitation or removal of wild life from the National Park is
necessary for the improvement and better management of wild life therein,
authorises the issue of such permit.
(7) No grazing of any 3[live-stock]
shall be permitted in a National Park and no 3[lives-tock] shall be allowed to enter therein
except where such 3[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 3[section 33, section 33A] and section 34 shall, as
far as may be apply in relation to a National Park as they apply in relation to
a sanctuary.
4[* * *]
1. Added
by Act 44 of 1991, sec. 23 (w.e.f. 2-10-1991).
2. Subs.by
Act 44 of l991, see.23 (w.e.f.2-10-1991).
3. Subs. by Act 44 of 1991, sec. 23 (w.e.f
2-10-1991).
4. The sub-heading “Game Reserve” and
section 36 omitted by Act 44 of l991, sec.24 (w.e.f.2-10-1991).
CLOSED AREA
37. Declaration of closed area. –
(1) The
State Government may, by notification, declare any area closed to hunting for
such period as may be specified in the notification.
(2) No
hunting of any wild animal shall be permitted in a closed area during the
period specified in the notification referred to in sub-section (1).
SANCTUARIES OR
NATIONAL PARKS DECLARED BY CENTRAL GOVERNMENT
38. Power of Central Government to declare areas as sanctuaries or
National Parks. –
(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
1[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.
1. Subs. by Act 44 of 1991, sec. 25 (w.e.f.
2-10-1991).
1[CHAPTER IV-A
CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS
1. Ins. by Act 44 of 1991, sec. 26 (w.e.f.
2-10-1991).
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.
38B. Term of office and conditions of service of Chairperson and
members, etc.-
(1) The
chairperson and every member 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 detrimental to the public interest:
Provided that no person
shall be removed under this clause unless that person has been given a
reasonable opportunity of being heard in the matter.
(4) A
vacancy caused under sub-section (2) or otherwise shall be filled by fresh
appointment.
(5) The
salaries and allowances and other conditions of appointment of Chairperson,
members and member-secretary of the Authority shall be such as may be
prescribed.
(6) The
Authority shall, with the previous sanction of the Central Government, employ
such officers and other employees, as it deems necessary to carry out the
purposes of the Authority.
(7) The terms and conditions of service of the officers and other
employees of the Authority shall be such as may be prescribed.
(8) No
act or proceeding of the Authority shall be questioned or shall be invalid on
the ground merely of the existence of any vacancies or defect in the
constitution of the Authority.
38C.
Functions of the Authority: -The
Authority shall perform the following finnations, 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 forms 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.
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.
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.
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.
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.
(1) No
zoo shall be operated without being recognized 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 1[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 reftisal.
(2) Every
application of 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-se6tion (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 recognition under sub-section (6) shall lie to
the Central Government.
(8) An appeal under sub-section (7) shall be preferred within
thirty days from the date of communication to the applicant of the order
appealed against:
Provided that the Central Government may admit
any appeal preferred after the expiry of the period aforesaid if it is
satisfied that the appellant had sufficient cause for not preferring the appeal
in time.
1. Subs. by Act 26 of 1993, sec. 2 (w.e.f.
4-8-1992).
38I. Acquisition of animals by
a zoo: -Subject to the other provisions of this act no
zoo shall acquire or transfer any wild animal specified in Schedule I and
Schedule II except with the previous permission of the Authority.
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 V
TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL
ARTICLES AND TROPHIES
39. Wild animals, etc., to be Government property. –
(1) Every-
(a) Wild animal, other than vermin, which is hunted under section
11 or sub-section (1) of section 29 or sub-section (6) of section 35 or kept or
1[bred in captivity or
hunted] in contravention of any provision of this Act or any rule or order made
thereunder or found dead, or killed by 2[***] mistake; and
(b) Animal article, trophy or uncured trophy or meat derived from
any wild animal referred to in clause (a) in respect of which any offence
against this Act or any rule or order made thereunder has been committed;
3[(c) Ivory imported into lndia and an article made
from such ivory in respect of which any offence against this Act or any rule or
order made thereunder has been committed;
(d) Vehicle, vessel, weapon, trap or tool
that has been used for committing an offence and has been seized under the
provisions of this Act,]
Shall be the property of the State Government,
and, where such animal is hunted in a sanctuary or National Park declared by
the Central Government, such animal or any animal article, trophy, uncured
trophy or meat 1[derived from such
animal, or any vehicle, vessel, weapon, trap or tool used in such hunting]
shall be the property of the Central Government.
(2) Any
person who obtains, by any means, the possession of Government property, shall,
within forty-eight hours from obtaining such possession, make a report as to
the obtaining of such possession to the nearest police station or the
authorised officer and shall, if so required, hand over such property to the
officer-in-charge of such police station or such authorised officer, as the
case may be.
(3) No
person shall, without the previous permission in writing of the Chief Wild Life
Warden or the authorised officer-
(a) Acquire or keep in his possession, custody or control, or
(b) Transfer to any person, whether by way of gift, sale or
otherwise, or
(c) Destroy or damage,
Such Government property:
1. Subs.by Act 44 of l991, sec.27
(w.e.f.2-10-1991).
2. Omitted by Act 44 of l991, sec.27
(w.e.f.2-10-1991).
3. Ins. by Act 44 of 1991, sec. 27 (w.e.f.
2-10-1991).
(1) Every
person having at the commencement of this Act the control, custody or
possession of any captive animal specified in Schedule I or Part II of Schedule
II, or any uncured trophy derived from such animal or salted or dried skins of
such animal or the musk of a musk deer or the hom of a rhinoceros, shall,
within thirty days from the commencement of this Act, declare to the Chief Wild
Life Warden or the authorised officer the number and description of the animal,
or article of the foregoing description under his control, custody or
possession and the place where such animal or article is kept.
(2) No person shall, after the commencement of this Act, acquire,
receive, keep in his control, custody or possession, sell, offer for sale or
otherwise transfer or transport any animal specified in Schedule I or Part II
of Schedule II or any uncured trophy or meat derived from such animal, or the
salted or dried skins of such animal or the musk of a musk deer or the hom of a
rhinoceros, except with the previous permission in writing of the Chief Wild
Life Warden or the authorised officer.
1[(3) Nothing in sub-section (1) or sub-section (2)
shall apply to a recognised zoo subject to the provisions of section 381 or to a
public museum.]
(4)
The
State Government may, by notification, require any person to declare to the
Chief Wild Life Warden or the authorised officer any animal article or trophy
(other than a musk of a musk deer or hom of a rhinoceros) or salted or dried skins
derived from an animal specified in Schedule I or Part II of Schedule
II in his control, custody or possession in such form, in such manner, and
within such time, as may be prescribed.
1. Subs. by Act 44 of 1991, sec. 28 (w.e.f.
2-10-1991).
41. Inquiry and preparation of inventories. –
(1) On
receipt of a declaration made under section 40, the Chief Wild Life Warden or
the authorised officer may, after such notice, in such manner and at such time,
as may be prescribed, -
(a) Enter upon the premises of a person referred to in section 40;
(b) Make inquiries and prepare inventories of animal articles,
trophies, uncured trophies, salted and dried skins and captive animals
specified in Schedule I and Part II of Schedule II and found thereon; and
(c) Affix upon the animals, animal articles, trophies or uncured
trophies identification marks in such manner as may be prescribed.
(2) No
person shall obliterate or counterfeit any identification mark referred to in
this Chapter.
42. Certificate of ownership. -The
Chief Wild Life Warden may, for the purposes of section 40, issue a certificate
of ownership in such form, as may be prescribed, to any person who, in his
opinion, is in lawful possession of any wild animal or any animal article,
trophy, uncured trophy and may, where possible, mark, in the prescribed manner,
such animal article, trophy or uncured trophy for purposes of identification.
43. Regulation of transfer of animal, etc.-
(1) Subject
to the provisions of sub-section (2), sub-section (3) and sub-section (4), a
person (other than a dealer) who does not possess a certificate of ownership
shall not-
(a) Sell or offer for sale or transfer whether by way of sale,
gift or otherwise, any wild animal specified in Schedule I or Part II of
Schedule II or any captive animal belonging to that category or any animal
article, trophy, uncured trophy or meat derived therefrom;
(b) Make animal articles containing part or whole of such animal;
(c) Put under a process of taxidermy an uncured trophy of such
animal,
Except with the previous permission in writing
of the Chief Wild Life Warden or the authorised officer.
(2) Where
a person transfers or transports from the State in which he resides to another
State or acquires by transfer from outside the State any such animal, animal
article, trophy or uncured trophy as is referred to in sub-section (1) in
respect of which he has a certificate of ownership, he shall, within thirty
days of the transfer or transport, report the transfer or transport to the
Chief Wild Life Warden or the authorised officer within whose jurisdiction the
transfer or transport is effected.
(3) No
person who does not possess a certificate of ownership shall transfer or
transport from one State to another State or acquire by transfer from outside
the State any such animal, animal article, trophy or uncured trophy as is
referred to in sub-section (1) except with the previous permission in writing
of the Chief Wild Life Warden or the authorised officer within whose jurisdiction
the transfer or transport is to be effected.
(4) Before granting any permission under sub-section (1) or
sub-section (3), the Chief Wild Life Warden or the authorised officer shall
satisfy himself that the animal or article referred to therein has been
lawfully acquired,
(5) While
permitting the transfer or transport of any animal, animal article, trophy or
uncured trophy, as is referred to in sub-section (1), the Chief Wild Life
Warden or the authorised officer-
(a) Shall
issue a certificate of ownership after such inquiry as he may deem fit;
(b) Shall, where the certificate of ownership existed in the name
of the previous owner, issue a fresh certificate of ownership in the name of
the person to whom the transfer has been effected;
(c) May affix an identification mark on any such animal, animal
article, trophy or uncured trophy.
(6) Nothing in this section shall apply-
1[(a) To tail feather of peacock and the animal
articles or trophies made there from;]
1[(b)
To any transaction entered into by are
cognized zoo subject to the provisions of section 38I or by a public museum
with any other recognised zoo or public museum.]
1. Subs. by Act 44 of 1991, sec. 29 (w.e.f
2-10-1991).
44. Dealings in trophy and
animal articles without licence prohibited. -
(1) 1[Subject to the provisions of Chapter VA, no
person shall, except under, and in accordance with, a licence granted under
sub-section (4)]-
(a) Commence
or carry on the business as-
(i) A
manufacturer of or dealer in, any animal article; or
2[* * *]
(ii) A
taxidermist; or
(iii) A
dealer in trophy or uncured trophy; or
(iv) A
dealer in captive animals; or
(v) A
dealer in meat; or
(b) Cook
or serve meat in any eating-house;
3[(c) Derive,
collect or prepare, or deal in, snake venom:]
Provided that nothing in this sub-section
shall prevent a person, who immediately before the commencement of this Act was
carrying on the business or occupation specified in this sub-section, from
carrying on such business or occupation for a period of thirty days from such
commencement, or where he has made an application within that period for the
grant of a licence to him, until the licence is granted to him or he is
informed in writing that a licence cannot be granted to him:
4[Provided further that nothing in this
sub-section shall apply to the dealers in tail feathers of peacock and articles
made therefrom and the manufacturers of such articles.]
Explanation. -For the purposes of this section,
“eating-house” includes a hotel, restaurant or any other place where any
eatable is served on payment, whether or not such payment is separately made
for such eatable or is included in the amount charged for board and lodging.
(2) Every
manufacturer of, or dealer in, animal article, or every dealer in captive
animals, trophies or uncured trophies, or every taxidermist shall, within
fifteen days from the commencement of this Act, declare to the Chief Wild Life
Warden his stocks of animals articles captive animals, trophies and uncured
trophies as the case may be as on the date of such declaration and the Chief
Wild Life Warden or the authorised officer may place an identification mark on
every animal article, captive animal trophy or uncured trophy as the case may
be.
(3) Every person referred to in sub-section (1) who intends to
obtain a licence, shall 5[* * *] make an application
to the Chief Wild Life Warden or the authorised officer for the grant of a
licence.
(4) (a)
Every application referred to in
sub-section (3) shall be made in such form and on payment of such fee as may be
prescribedto the Chief Wild Life Warden orthe authorised officer.
6[(b) No licence referred to in sub-section (1) shall
be granted unless the Chief Wild Life Warden, or the authorised officer having
regard to antecedents and previous experience of the applicant, the implication
which the grant of such licence would have in the status of wildlife to such
other matters as may be prescribed in this behalf and after making such inquiry
in respect of those, matters as he may think fit, is satisfied that the licence
should be granted.]
(5) Every
licence granted under this section shall specify the premises in which and the conditions,
if any subject to which the licensee shall carry on his business.
(6) Every
licence granted under this section shall-
(a) Be
valid for one year from the date of its grant;
(b) Not
be transferable; and
(c) Be
renewable for a period not exceeding one year at a time.
(7) No
application for the renewal of a licence shall be rejected unless the holder of
such licence has been given a reasonable opportunity of presenting his case and
unless the Chief Wild Life Warden or the authorised officer is satisfied that-
(i) The application for such renewal has been made after the
expiry of the period specified therefor, or
(ii) Any statement made by the applicant at the time of the grant
or renewal of the licence was incorrect or false in material particulars, or
(iii) The applicant has contravened any term or condition of the
licence or any provision of this Act or any rule made thereunder, or
(iv) The applicant does not fulfil the prescribed conditions.
(8) Every
order granting or rejecting an application for the grant or renewal of a
licence shall be made in writing.
(9) Nothing
in the foregoing sub-sections shall apply in relation to vermin.
1. Subs. by Act 28 of 1986, sec. 2 (w.e.f.
25-11-1986).
2. Clause (ia) omitted by Act 44 of 1991,
sec. 30 (w.e.f. 2-10-1991).
3. Ins. by Act 44 of 1991, sec. 30 (w.e.f.
2-10-1991).
4. Subs. by Act 44 of 1991, sec. 30 (w.e.f.
2-10-1991).
5. Omitted by Act 23 of 1982, sec. 3
(w.e.f. 21-5-1982).
6. Subs. by Act 23 of 1982, sec. 3 (w.e.f.
21-5-1982).
45. Suspension or cancellation of licences. -Subject
to any general or special order of the State Government, the Chief Wild Life
Warden or the authorised officer may, for reasons to be recorded by him in
writing, suspend or cancel any licence granted or renewed under section 44:
Provided that no such suspension or
cancellation shall be made except after giving the holder of the licence a
reasonable opportunity of being heard.
(1) An
appeal from an order refusing to grant or renew a licence under section 44 or
an order suspending or cancelling a licence under section 45 shall lie-
(a) If the order is made by the authorised officer, to the Chief
Wild Life Warden; or
(b) If the order is made by the Chief Wild Life Warden, to the
State Government.
(2) In
the case of an order passed in appeal by the Chief Wild Life Warden under
clause (a) of sub-section (1), a second appeal shall lie to the State
Government.
(3) Subject
as aforesaid, every order passed in appeal under this section shall be final.
(4) An
appeal under this section shall be preferred within thirty days from the date
of communication, to the applicant, of the order appealed against:
Provided that the appellate authority may
admit any appeal preferred after the expiry of the period aforesaid if it is
satisfied that the appellant had sufficient cause for not preferring the appeal
in time.
47. Maintenance of records. -A licensee under this
Chapter shall-
(a) Keep
records, and submit such returns of his dealings, as may be prescribed, -
(i) To
the Director or any other officer authorised by him in this behalf, and
(ii) To
the Chief Wild Life Warden or the authorised officer; and
(b) Make
such records available on demand for inspection by such officers.
48. Purchase of animal, etc., by licensee. -No
licensee under this Chapter shall-
(a) Keep
in his control, custody or possession, -
(i) Any animal, animal articles, trophy or uncured trophy in
respect of which a declaration under the provisions of sub-section (2) of
section 44 has to be made but has not been made;
(ii) Any animal or animal article, trophy, uncured trophy ormeat
which has not been law fully acquired under the provisions of this Act or any
rule or order made there under;
(b) (i) Capture
any wild animal, or
(ii)
Acquire, receive,
keep in his control, custody or possession, or sell, offer for sale or
transport, any captive animal specified in Schedule I or Part II of Schedule II
or any animal article, trophy, uncured trophy or meat derived therefrom or
serve such meat, or put under a process of taxidermy or make animal article
containing part or whole of such animal,
Except in accordance with such rules as may be
made under this Act:
Provided that where the acquisition or
possession, control or custody of such animal or animal article, trophy or
uncured trophy entails the transfer or transport from one State to another, no
such transfer or transport shall be effected except with the previous
permission in writing of the Director or any other officer authorised by him in
this behalf-
Provided further that no such permission under
the foregoing proviso shall be granted unless the Director or the officer authorised
by him is satisfied that the animal or article aforesaid has been lawfully
acquired.
1[48A. Restriction on transportation of wild life: -No
person shall accept any wild animal (other than vermin), or any animal article,
or any specified plant or part or derivative thereof, for transportation except
after exercising due care to ascertain that permission from the Chief Wild Life
Warden or any other officer authorised by the State Government in this behalf
has been obtained for such transportation.]
1. Ins. by Act 44 of 1991, sec. 31 (w.e.f
2-10-1991).
49. Purchase of captive animal, etc., by a
person other than a licensee. -No person shall purchase, receive or acquire
any captive animal, wild animal, other than vermin, or any animal article,
trophy, uncured trophy or meat derived therefrom otherwise than from a dealer
or from a person authorised to sell or otherwise transfer the same under this
Act:
1[Provided that nothing in this section shall
apply to a recognised zoo subject to the provisions of section 38I or to public
museum.]
1. Subs.
by Act 44 of 1991, sec. 32 (w.e.f. 2-10-1991).
1[CHAPTER V-A
PROHIBITION OF
TRADE OR COMMERCE IN TROPHIES, ANIMAL
ARTICLES,
ETC. DERIVED FROM CERTAIN
ANIMALS
1. Ins. by Act 28 of 1986, sec. 3 (w.e.f.
25-11-1986).
49A. Definitions.
-In this Chapter, -
(a) “Scheduled animal” means an animal specified for the time
being in Schedule I or Part II of Schedule II;
(b) “Scheduled animal article” means an article made from any
scheduled animal and includes an article or object in which the whole or any
part of such animal 1[has
been used but does not include tail feather of peacock, an article or trophy
made therefrom and snake venom or its derivative;]
(c) “Specified
date” means-
(i) In relation to a scheduled animal on the commencement of the
Wild Life (Protection) (Amendment) Act, 1986, the date of expiry of two months
from such commencement; 2[* * *]
(ii) In relation to any
animal added or transferred to Schedule I or Part II of Schedule II at any time
after such commencement, the date of expiry of two months from such addition or
transfer;
3[(iii) In relation to ivory imported into India or an
article made from such ivory, the date of expiry of six months from the
commencement of the Wild Life (Protection) (Amendment) Act, 1991.]
1. Subs. by Act 44 of 1991, sec. 33 (w.e.f.
2-10-1991).
2. Omitted by Act 44 of 1991, sec. 33
(w.e.f. 2-10-1991).
3. Ins. by Act 44 of 1991, sec. 33 (w.e.f
2-10-1991).
49B.
Prohibition of dealings in trophies,
animal articles, etc., derived from scheduled animals: -
(1) Subject to the other provisions of this section, on and after
the specified date, no person shall, -
(a) Commence
or carry on the business as-
(i) A
manufacturer of, or dealer in scheduled animal articles; or
1 [(ia) A
dealer in ivory imported into India or articles made therefrom or a
manufacturer of such articles; or]
(ii) A taxidermist with respect to any scheduled animals or any
parts of such animals; or
(iii) A
dealer in trophy or uncured trophy derived from any scheduled animal; or
(iv) A
dealer in any captive animals being scheduled animals; or
(v) A
dealer in meat derived from any scheduled animal; or
(b) Cook
or serve meat derived from any scheduled animal in eating-house.
Explanation. -For the purposes of this sub-section,
“eating-house” has the same meaning as the Explanation below sub-section (1) of
section 44.
(2) Subject
to the other provisions of this section, no licence granted or renewed under
section 44 before the specified date shall entitle the holder thereof or any
other person to commence or carry on the business referred to in clause (a) of
sub-section (1) of this section or the occupation referred to in clause (b) of
that sub-section after such date.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (2) where the Central
Government is satisfied that it is necessary or expedient so to do in the
public interest, it may, by general or special order published in the Official
Gazette, exempt, for purposes of export, any corporation owned or controlled by
the Central Government (including a Government company within the meaning of
section 617 of the Companies Act, 1956 (I of 1956)) or any society registered
under the Societies Registration Act, 1860 (21 of 1860) or any
other law for the time being in force, wholly or substantially financed by the
Central Government from the provisions of sub-sections (1) and (2).
(4) Notwithstanding anything contained in
sub-section (1) or sub-section (2), but subject to any rules which may be made
in this behalf, a person holding a licence under section 44 to carry on the
business as a taxi derrnist may put under a process of taxidermy any scheduled
animal or any part thereof, -
(a) For or on behalf of the Government or any corporation or
society exempted under sub-section (3), or
(b) With the previous authorisation in writing of the Chief Wild
Life Warden, for and on behalf of any person for educational or scientific
purposes.
1. Ins. by Act 44 of 1991,
sec. 34 (w.e.f. 2-10-1991).
49C. Declaration by dealers: –
(1) Every
person carrying on the business or occupation referred to in sub-section (1)
49B, within, thirty days from the specified date, declare to the Chief Wild
Life Warden of the authorised officer, --
(a) His stocks, if any, as at the end of the specified date of-
(i) Scheduled animal articles;
(ii) Scheduled animals and parts thereof;
(iii) Trophies and uncured trophies derived from scheduled animals;
(iv) Captive animals, being scheduled animals;
1[(v) Ivory imported into India or articles made
therefrom;]
(b) The place or places at which the stocks mentioned in the
declaration are kept; and
(c) The description of such items, if any, of the stocks mentioned
in the declaration which he desires to retain with himself for his bonafide
personal use.
(2) On
receipt of a declaration under sub-section (1), the Chief Wild Life Warden or
the authorised officer may take all or any of the measures specified in section
41 and for this purpose the provisions of section 41 shall so far as may be,
apply.
(3) Where,
in a declaration made under sub-section (1), the person making the declaration
expresses his desire to retain with himself any of the items of the stocks
specified in the declaration for his bonafide use, the Chief Wild Life Warden,
with the prior approval of the Director, may, if he is satisfied that the
person is in lawful possession of such items, issue certificates of ownership
in favour of such person with respect to all or as the case may be, such of the
items as in the opinion of the Chief Wild Life Warden, are required for the
bonafide personal use of such person and affix upon such items identification marks
in such manner as may be prescribed:
Provided that no such item shall be kept in
any commercial premises.
(4) No
person shall obliterate or counterfeit any identification mark referred to in
sub-section (3).
(5) An
appeal shall lie against any refusal to grant certificate of ownership under
sub-section (3) and the provisions of sub-sections (2), (3) and (4) of section
46 shall, so far as may be, apply in relation to appeals under this
sub-section.
(6) Where
a person who has been issued a certificate of ownership under sub-section (3)
In respect of any item, -
(a) Transfers such item of any person, whether by way of gift,
sale or otherwise, or
(b) Transfers or transports from the State in which he resides to
another State any such item,
He shall, within thirty days of such transfer
or transport, report the transfer or transport to the Chief Wild Life Warden or
the authorised officer within whose jurisdiction the transfer or transport is
effected.
(7) No person, other than a person who has been issued a
certificate of ownership under sub-section (3) shall, on and after the
specified date, keep under his control, sell or offer for sale or transfer to
any person 2[any scheduled animal
or a scheduled animal article or ivory imported into India or any article made
therefrom].]
1. Ins. by Act 44 of 1991,
sec. 35 (w.e.f 2-10-1991).
2. Subs. by Act 44 of l991, sec.35
(w.e.f.2-10-1991).
CHAPTER -VI
PREVENTION AND DETECTION OF OFFENCES
50. Power of entry, search, arrest and detention. –
(1) Notwithstanding anything contained in any other law for the
time being in force, the Director or any other officer authorised by him in
this behalf or the Chief Wild Life Warden or the authorised officer or any
forest officer or any police officer not below the rank of a sub-inspector,
may, if he has reasonable grounds for believing that any person has committed
an offence against this Act, -
(a) Require any such person to produce for inspection any captive
animal, wild animal, animal article, meat, 1[trophy, uncured trophy-specified plant or part or
derivative thereof] in his control, custody or possession, or any licence,
permit or other document granted to him or required to be kept by him under the
provisions of this Act;
(b) Stop any vehicle or vessel in order to conduct search or
inquiry or enter upon and search any premises, land, vehicle or vessel, in the
occupation of such person, and open and search any baggage or other things in
his possession;
1[(c) Seize any captive animal, wild animal, animal
article, meat, trophy or uncured trophy, or any specified plant or part or
derivative thereof, in respect of which an offence against this Act appears to
have been committed, in the possession of any person together with any trap,
tool, vehicle, vessel or weapon used for committing any such offence and,
unless he is satisfied that such person will appear and answer any charge which
may be preferred against him, arrest him without warrant, and detain him:
Provided that where a fisherman residing
within ten kilometres of a sanctuary or National Park, inadvertently enters on
a boat, not used for commercial fishing, in the territorial waters in that
sanctuary or National Park, a fishing tackle or net on such boat shall not be
seized.]
2[* * *]
(3) It
shall be lawful for any of the officers referred to in sub-section (1) to stop
and detain any person, whom he sees doing any act for which a licence or penn
it is required under the provisions of this Act, for the purposes of requiring
such person to produce the licence or permit and if such person fails to
produce the licence or permit, as the case may be, he may be arrested without
warrant, unless he furnishes his name and address, and other wise satisfies the
officer arresting him that he will duly answer any summons or other proceedings
which may be taken against him.
3[(3A) Any officer of
a rank not inferior to that of an Assistant Director of Wild Life Preservation
or wild Life Warden, who, or whose sub ordinate, has seized any captive animal
or wild animal under clause (c) of sub-section (1) may give the same for
custody on the execution by any person of a bond for the production of such
animal if and when so required, before the Magistrate having jurisdiction to
try the offence on account of which the seizure has been made.]
(4) Any
person detained, or things seized under the foregoing power, shall forthwith be
taken before a Magistrate to be dealt with according to law.
(5) Any
person who, without reasonable cause, fails to produce anything, which he is
required to produce under this section, shall be guilty of an offence against
this Act.
(6) (a) Where any 1
[meat, uncured trophy, specified plant, or part or derivative thereof] is
seized under the provisions of this section, the Assistant Director of Wild
Life Preservation or any other officer of a gazetted rank authorised by him in
this behalf or the Chief Wild Life Warden or the authorised officer may arrange
for the sale of the same and deal with the proceeds of such sale in such manner
as may be prescribed.
(b) Where it is proved that the 1[meat, uncured trophy, specified plant, or part or
derivative thereof] seized under the provisions of this section is not Government
property, the proceeds of the sale shall be returned to the owner.
(7) Whenever
any person is approached by any of the officers referred to in sub-section (1)
for assistance in the prevention or detection of an offence against this Act,
or in apprehending persons charged with the violation of this Act, or for
seizure in accordance with clause (c) of sub-section (1), it shall be the duty
of such person or persons to render such assistance.
3[(8) Notwithstanding anything contained in any other
law for the time being in force, any officer not below the rank of an Assistant
Director of wild Life Preservation or Wild Life Warden shall have the powers,
for purposes of making investigation into any offence against any provision of
this Act, -
(a) To
issue a search warrant;
(b) To
enforce the attendance of witnesses;
(c) To compel the discovery and production of documents and
material objects; and
(d) To
receive and record evidence.
(9) Any evidence recorded under clause (d) of sub-section (8) shall
be admissible in any subsequent trial before a Magistrate provided that it has
been taken in the presence of the accused person.]
1. Subs. by Act 44 of 1991, sec.36
(w.e.f.2-10-1991).
2. Sub-section (2) omitted by Act 44 of
1991, sec. 36 (w.e.f. 2-10-1991).
3. Ins. by Act 44 of 1991, sec. 36 (w.e.f.
2-10-1991).
51. Penalties. –
(1) Any person who 1[contravenes
any provision of this Act 2[(except
Chapter VA and section 38J)]] or any rule or order made thereunder or who
commits a breach of any of the conditions of any licence or permit granted
under this Act, shall be guilty of an offence against this Act, and shall, on
conviction, be punishable with imprisonment for a term which may extend to 2[three years] or with fine which may extend to
2 [twenty-five thousand
rupees] or with both:
Provided that where the offence committed is
in relation to any animal specified in Schedule I or Part II of Schedule II or
meat of any such animal or animal article, trophy or uncured trophy derived
from such animal or where the offence 2[relates to hunting in, or altering the boundaries
of a sanctuary or a National Park, such offence shall be punishable with
imprisonment for a term which shall not be less than 2[one year] but may extend to six years and
also with fine which shall not be less than 2[five thousand rupees:]
2[Provided further that in the case of a second
or subsequent offence of the nature mentioned in this sub-section, the term of
imprisonment may extend to six years and shall not be less than two years and
the amount of fine shall not be less than ten thousand rupees.]
3[(1A) Any person who
contravenes any provisions of Chapter VA, shall be punishable with imprisonment
for a term which shall not be less than one year but which may extend to seven
years and also with fine which shall not be less than five thousand rupees.]
4[(1B) Any person who
contravenes the provisions of section 38J shall be punishable with imprisonment
for a term which may extend to six months, or with fine which may extend to two
thousand rupees, or with both:
Provided that in the case of a second or
subsequent offence the term of imprisonment may extend to one year, or with
fine which may extend to five thousand rupees.]
(2) When any person is convicted of an offence against this Act,
the court trying the offence may order that any captive animal, wild animal,
animal article, trophy, 2[uncured
trophy, meat, ivory imported into India or an article made from such ivory, any
specified plant, or part or derivative thereof] in respect of which the offence
has been committed, and any trap, tool, vehicle, vessel or weapon, used in the
commission of the said offence be forfeited to the State Government and that
any licence or permit, held by such person under the provisions of this Act, be
cancelled.
(3) Such
cancellation of licence or permit or such forfeiture shall be in addition to
any other punishment that may be awarded for such offence.
(4) Where
any person is convicted of an offence against this Act, the court may direct
that the licence, if any, granted to such person under the Arms Act, 1959 (54
of 1954), for possession of any arm with which an offence against this Act has
been committed, shall be cancelled and that such person shall not be eligible
for a licence under the Arms Act, 1959 (54 of 1954), for a period of five years
from the date of conviction.
4[(5) Nothing contained in section 360 of the Code
of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act,
1958 (20 of 1958) shall apply to a person convicted of an offence with respect
to hunting in a sanctuary or a National Park or of an offence against any
provision of Chapter VA unless such person is under eighteen years of age.]
1. Subs. by Act 28 of 1986, sec. 4 (w.e.f.
25-11-1986).
2. Subs. by Act 44 of 1991, sec. 37 (w.e.f.
2-10-1991).
3. Ins. by Act 28 of 1986, sec. 4 (w.e.f.
25-11-1986).
4. Ins. by Act 44 of 1991, sec. 37 (w.e.f.
2-10-1991).
52. Attempts and abetment. -Whoever
attempts to contravene, or abets the contravention of, any of the provisions of
this Act or of any rule or order made thereunder shall be deemed to have
contravened that provision or rule or order, as the case may be.
53. Punishment for wrongful seizure.
-If any person, exercising powers under this Act,
vexatiously and unnecessarily seizes the property of any other person on the
pretence of seizing it for the reasons mentioned in section 50, he shall, on
conviction, be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to five hundred rupees, or with both.
54. Power to compound offence. –
(1) 1[The Central Government may, by notification,
empower the Director of Wild Life Preservation or any other officer and the
State Government] may, by notification, empower the Chief Wild Life Warden or
any officer of a rank not inferior to that of a Deputy Conservator of Forests,
-
(a) To accept, from any person against whom a
reasonable suspicion exists that he has committed an offence against this Act,
payment of a sum of money by way of composition of the offence which such
person is suspected to have committed; and
(b) When any property has been seized is
liable to be forfeited, to release the same on payment of the value thereof as
estimated by such officer.
(2) On payment of such sum of money or such
value, or both, as the case may be, to such officer, the suspected person, if
in custody, shall be discharged, and the property, other than Government property,
if any, seized, shall be released and no further proceedings in respect of the
offence shall be taken against such person.
(3) The officer compounding any offence may
order the cancellation of any licence or permit granted under this Act to the offender,
or if not empowered to do so, may approach an officer so empowered, for the
cancellation of such licence or permit.
(4) The
sum of money accepted or agreed to be accepted, as composition under clause (b)
of sub-section (1) shall, in no case, exceed the sum of two thousand rupees:
Provided that no offence, for which a minimum
period of imprisonment has been prescribed in sub-section (I) of section 51,
shall be compounded.
1. Subs. by Act 44 of 1991,
sec. 38 (w.e.f. 2-10-1991).
1[55. Cognizance
of offences: -No court shall take cognizance of any offence
against this Act except on the complaint of any person other than-
(a) The Director of Wild Life Preservation or any other officer
authorised in this behalf by the Central Government; or
(b) The Chief Wild Life Warden, or any other officer authorised in
this behalf by the State Government; or
(c) Any person who has given notice of not less than sixty days,
in the manner prescribed, of the alleged offence and of his intention to make a
complaint to the Central Government or the State Government or the officer
authorised as aforesaid.]
1. Subs. by Act 44 of 1991,
sec. 39 (w.e.f 2-10-1991).
56. Operation of other laws not barred. -Nothing
in this Act shall be deemed to prevent any person from being prosecuted under
any other law for the time being in force, for any act or omission which
constitutes an offence against this Act or from being liable under such other
law to any higher punishment or penalty than that provided by this Act:
Provided that no person shall be
punished twice for the same offence.
57. Presumption
to be made in certain cases. -Where, in any prosecution for an offence
against this Act, it is established that a person is in possession, custody or
control of any captive animal, animal article, meat, 1[trophy, uncured trophy, specified plant, or
part or derivative thereof] it shall be presumed, until the contrary is proved,
the burden of proving which shall lie on the accused, that such person is in
unlawful possession, custody or control of such captive animal, animal article,
meat 1[trophy, uncured
trophy, specified plant, or part or derivative thereof].
1. Subs. by Act 44 of 1991, sec. 40 (w.e.f.
2-10-1991).
(1) Where
an offence against this Act has been committed by a company, every person who,
at the time the offence was committed, was in charge of, and was responsible
to, the company for the conduct of the business of the company as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this
sub-section shall render any such person liable to any punishment, if he proves
that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding
anything contained in sub-section (1), where an offence against this Act has
been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect
on the part of, any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation. -For the purposes of this section, -
(a) “Company” means any body corporate and includes a firm or
other association of individuals; and
(b) “Director”,
in relation to a firm, means a partner in the firm.
CHAPTER - VII
MISCELLANEOUS
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]
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, 1860 (45 of 1860).
1. Subs. by Act 44 of 1991, sec. 41 (w.e.f.
2-10-1991).
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 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, sec. 42 (w.e.f.
2-10-1991).
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 twenty percent of such
fine.
(2) When
a case is compounded under section 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 twenty percent of such money.]
1. Ins. by Act 44 of 199 1, sec. 43 (w.e.f.
2-10-1991).
61. Power to alter entries in
Schedules. –
(1) The Central Government may, if it is of
opinion that it is expedient so to do, by notification, 1[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.
2[* * *]
(3) On the issue of a notification under
sub-section (1) 3[* * *] 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.
4[***]
1. Subs. by Act 44 of 1991, sec. 44 (w.e.f
2-10-1991).
2. Sub-section (2) omitted by Act 44 of
1991, sec. 44 (w.e.f. 2-10-1991).
3. Omitted by Act 44 of 1991, sec. 44
(w.e.f. 2-10-1991).
4. Sub-section (4) omitted by Act 44 of
1991, sec. 44 (w.e.f. 2-10-1991).
62. Declaration of certain wild animals to be
vermin. -1[The
Central Government] may, by notification, declare any wild animal other than
those specified in Schedule I and Part II of 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 deemed to have been
included in Schedule V.
1. Subs.by Act 44 of l991, sec.45
(w.e.f.2-10-1991).
63. Power of
Central Government to make rules. –
1[(1) The Central Government may, by notification,
make rules for all or any of the following matters, namely: -
(a) Conditions and other matters subject to which a licensee may
keep any specified plant in his custody or possession under section 17F;
(b) The salaries and allowances and other conditions of
appointment of chairperson, members and member-secretary under sub-section (5)
of section 38B;
(c) The terms and conditions of service of the officers and other
employees of the Central Zoo Authority under sub-section (7) of section 38B;
(d) The form in which the annual statement of accounts of the
Central Zoo Authority shall be prepared under sub-section (4) of section 38E;
(e) The form in which and the time at which the annual reports of
the Central Zoo Authority shall be prepared under section 38F;
(f) The form in which and the ice required to be paid with the
application for recognition of a zoo under sub-section (2) of section 38H;
(g) The standards, forms and other matters to be considered for
granting recognition under sub-section (4) of section 38H;
(h) The form in which declaration shall be made under sub-section
(2) of section 44;
(i) The matters to be prescribed under clause (b) of sub-section
(4) of section 44;
(j) The terms and
conditions which shall governer
transactions referred to in clause (b) of section 48;
(k) The manner in which notice may be given
by a person under clause (c) of section
55;
(1) The matters specified in sub-section (2)
of section 64 in so far as they relate to sanctuaries and National Parks
declared by the Central Government.]
(2) Every
rule made under this section shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
1. Subs.
by Act 44 of 1991, sec. 46 (w.e.f. 2-10-1991).
64. Power of State Government to make rules. –
(l) The
State Government may, by notification, make rules for carrying out the
provisions of this Act in respect of matters, which do not fall within the
purview of section 63.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely: -
(a) The term of office of the members of the Board referred to in
clause (g) of subsection (1) of section 6 and the manner of filling vacancies
among them;
(b) Allowances
referred to in sub-section (4) of section 6;
(c) The forms to be used for any application, certificate, claim,
declaration, licence, permit, registration, return or other document, made,
granted, or submitted under the provisions of this Act and the fees, if any,
therefor;
(d) The conditions subject to which any licence or permit may be
granted under this Act;
(e) The particulars of the record of wild animals (captured or
killed) to be kept and submitted by the licensee;
1[(ee) The manner in
which measures for immunisation of live-stock shall be taken;]
(f) Regulation of the possession, transfer and the sale of captive
animals, meat, animal articles, trophies and uncured trophies;
(g) Regulation
of taxidermy;
(h) Any other matter which has to be, or may be, prescribed under
this Act.
1. Ins. by Act 44 of 1991,
sec. 47 (w.e.f 2-10-1991).
65. Rights of Scheduled Tribes to be protected.
-Nothing in this Act shall affect the hunting rights
conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory
of Andaman and Nicobar Islands by notification of the Andwnan and Nicobar
Administration, No.40/67/F, No.G635, Vol. III, dated the 28th April 1967.
(1) As
from the commencement of this Act, every other Act relating to any matter
contained in this Act and in force in a State shall, to the extent to which
that Act or any provision contained therein corresponds, or is repugnant, to
this Act or any provision contained in this Act, stand repealed:
Provided that such repeal shall not, -
(i) Affect the previous operation of the Act so repealed, or
anything duly done or suffered thereunder;
(ii) Affect any right, privilege, obligation or liability acquired,
accrued or incurred under the Act so repealed;
(iii) Affect
any penalty, forfeiture or punishment incurred in respect of any offence
committed against the Act so repealed; or
(iv) Affect any investigation, legal proceeding or remedy in respect
of any such right, privilege, obligation, liability, penalty, forfeiture, or
punishment as aforesaid;
And any such investigation, legal proceeding
or remedy may be instituted, continued or enforced, and any such penalty,
forfeiture and punishment may be imposed, as if the aforesaid Act had not been
repealed.
(2) Notwithstanding
such repeal, -
(a) Anything done or any action taken under the Act so repealed
(including any notification, order, certificate, notice or receipt issued,
application made, or permit granted) which is not inconsistent with the
provisions of this Act, be deemed to have been done or taken under the
corresponding provisions of this Act as if this Act were in force at the time
such thing was done or action was taken, and shall continue to be in force,
unless and until superseded by anything done or any action taken under this
Act;
(b) Every licence granted under any Act so repealed and in force
immediately before the commencement of this Act shall be deemed to have been
granted under the corresponding provisions of this Act and shall, subject to
the provisions of this Act, continue to be in force for the unexpired portion
of the period for which such licence had been granted.
(3) For
the removal of doubts, it is hereby declared that any sanctuary or National
Park declared by a State Government under any Act repealed under sub-section
(1) shall be deemed to be a sanctuary or National Park, as the case may be,
declared by the State Government under this Act and where any right in or over
any land in any such National Park which had not been extinguished under the
said Act, at or before the commencement of this Act, the extinguishment of such
rights shall be made in accordance with the provisions of this Act.
1[(4) For the removal of doubts, it is hereby
further declared that where any proceeding under any provision of sections 19
to 25 (both inclusive) is pending on the date of commencement of the Wild Life
(Protection) (Amendment) Act, 1991 any reserve forest or a part of territorial
waters comprised within a sanctuary declared under section 18 to be a sanctuary
before the date of such commencement shall be deemed to be a sanctuary declared
under section 26A.]
1. Ins. by Act 44 of 1991,
sec. 48 (w.e.f. 2-10-1991).
SCHEDULE I
(See sees. 2, 8, 9, 11, 40, 41, 43, 48, 51, 61 and 62)
PART I
Mammals
1[1.
Andaman Wild pig (Sus sorofa andamanensis)]
2[1-A. Bharal
(Ovisnahura)]
2[1-B. Binturong
(Arctictis binturong)]
2. Black
Buck (Antelope cervicapra)
2[2-A.
* * *]
3. Brow-antlered
Deer or Thamin (Cervus eldi)
3[3-A. Himalayan Brown bear (Ursus Arclos)]
3[3-B. Capped Langur (Presbytispileatus)]
4. Caracal
(Felis caracal)
2[4-A. Catecean specils]
5. Cheetah
(Acinonyxjubatus)
4[5-A. Chinese
Pangolin (Mainispentadactyla)]
1[5-B.
Chinkara or Indian Gazelle (Gazella gazelle bennetti)]
6. Clouded
Leopard (Neofelis nebulosa)
2[6-A. Crab-eating
Macaque (Alacaca irus umbrosa)]
2[6-B. Desert
Cat (Felis libyca)]
3 [6-C. Desert
fox (Vulpes bucapus)]
7. Dugong
(Dugong dugon)
2[7-A. Ermine
(Aiustele erminea)]
8. Fishing
Cat (Felis viverrina)
1[8-A. Four-horned
antelope (Tetraceros quadricornis)]
2 [8-B. *
* *]
3 [8-C. *
* *]
3[8-D. Gangetic
dolphin (Platanista gangetica)]
3[8-E. Gaur
or Indian bison (Bos gaurus)]
9. Golden
Cat (Felis temmincki)
10. Golden
Langur (Presbytis geei)
3[10-A.Giant squirrel (Ratufa macroura)]
3[10-B.Himalayan Ibex (Capra ibex)]
3[10-C. Himalayan Tahr (Hemitragus jemlahicus)]
11. Hispid Hare (Caprolagus hispidus)
3[11-A. Hog badger (Arconyx collaris)]
12. Hoolock (Hylobates hoolock)
2[12-A.
* * *]
3[12-B. Indian Elephant (Elephas maximus)]
13. Indian
Lion (Panthera leopersica)
14. Indian Wild Ass (Equus hemionus khur)
4[15. Indian
Wolf (Canis lupas pallipes)]
16. Kashmir Stag (Cervus elaphus hanglu)
2[16-A.
Leaf Monkey (Presbytis phayrei)]
2[16-B.
Leopard or Panther (Panthera pardus)]
17. Leopard Cat (Felis bengalensis)
18. Lesser or Red Panda (Ailurusfulgens)
19. Lion-tailed Macaque (Macaca silenus)
20. Loris (Loris tardigradus)
3[20-A.
Little Indian Porpoise (Neomeris phocenoides)]
21. Lynx (Felix lynx isabellinus)
22. Malabar Civet (Viverra megaspila)
2[22-A.
Malay or Sun Bear (Helarctos malayanus)]
23. Marbled Cat (Felis marmorata)
24. Markhor (Caprafalconeri)
1[24-A.
Mouse Deer (Tragulus meminna)]
25 Musk Deer (Moschus
moschiferus)
3[25-A. Nilgiri Lungur (Presbytisjohni)]
3[25-B. Nilgiri Tahr (Hemitragus hylocrius)]
26.
Nyan or Great Tibetan Sheep (Ovis ammon bodgsoni)
27.
Pallas’s Cat (Felis manul]
28.
Pangolin (Manis crassicaudata)
29.
Pygmy Hog (Sus salvanius)
2[29-A.
Ratel (Mellivora capensis)]
30. Rhinoceros (Rhinoceros unicornis)
31. Rusty spotted Cat (Felis rubiginosa)
1[31 -A. Serow (Capricornis sumatraensis)]
3[10-C. Himalayan Tahr (Hemitragus jemlahicus)]
3[31 -B.
Clawless Otter (Aonyx cinerea)]
3[31 -C.
Sloth Bear (Melursus ursinus)]
32.
Slow Loris (Nycticebus couceang)
3[32-A.
Small Travencore Flying Squirrel (Petinomys fuscocapillus)]
33. Snow Leopard (Panthera
uncia)
3[33-A.
Snubfin Dolphin (Oreaella brevezastris)]
34. Spotted Linsang (Prionodon
pardicolor)
35. Swamp Deer (All sub-species of Cervus duvauceli)
36. Takin or Mishmi Takin (Budorcas tricolor)
1[36-A.
Tibetan Antelope or Chiru (Panthelops hodgsoni)]
3[36-B.
Tibetan Fox (Vulpesferrilatus)]
37. Tibetan Gazelle (Procapra picticaudata)
38. Tibetan Wild Ass
(Equus hemionus kiang)
39. Tiger (Panthera tigris)
40. Urial or Shapu (Ovis vignei)
41. Wild Buffalo (Bubalus bubalis)
1[41 -A.
Wild Yak (Bos grunniens)]
3[41 -B.
Tibetan Wolf (Canis lupus chanco)]
1. Vide
Notification No. FJ I 10 12/31/76 FRY (WL), dated 5th October, 1977, published
in the Gazette of India, Extra., Pt. II, Sec.3(i), p. 385, dated 5th October,
1977.
2. Vide
Notification No. FI-28/78 FRY (WL), dated 9th September, 1980, published in the
Gazette of India, Extra, Pt. II, Sec.3 (i), p. 43 1, dated 2nd October, 1980.
3. Vide
Notification No. S.O. 859(E), dated 24th November, 1986, published in the
Gazette of India, Extra, Pt.II, Sec.3 (i) dated 24th November, 1986.
4. Vide
Notification No. FJ I 10 12/31/76 FRY (WL), dated 29th August 1977, published
in the Gazette of India, Extra, Pt. II, Sec.3 (i), p. 333, dated 3rd September
1977.
PART-II
AMPHIBIANS AND REPTILES
4[1 Agra
Monitor Lizard [Varanus griseus (Daudin)]]
2 [1-A. * * *]
1[1-B. Audithia
Turtle (Pelochelys bibroni)]
1[1-C. Barred,
Oval, or Yellow Monitor Lizard (Varanusflavescens)]
1[1-D. Crocodiles (Including the
Estuarine or salt water crocodile) (Crocodilus porosus and Crocodilus
palustris)]
1[1-E. Terrapin
(Batagur basika)]
1-F. Eastern Hill Terrapin (.kfelanochelys
tricarinata)
2. Gharial
(Gravialis gangeticus)
3[3. Ganges Soft-shelled Turtle
(Trionyx gangeticus)
1[3-A. Golden
Gecko (Caloductyloides aureus)]
4. Green Sea Turtle (Chelonia
Mydas)
5· Hawksbill Turtle
(Eretmochelys imbricate inlscata)
1[6. * *
*]
7. Indian Egg-eating Snake
(Elachistodon westermanni)
8. Indian Soft-shelled Turtle
(Lissemys punctata punctata)
9. Indian
Tent Turtle (Kachuga tecta tecta)
9-A. Kerala Forest Terrapin (Hoesemys sciatica)
10. Large Bengal Monitor
Lizard (Varanus bengalensis)
11. Leathery Turtle
(Dermochelys coriacea)
12. Logger Head Turtle (Caretia
caretta)
13. Olive Back Logger Head
Turtle (Lepidochelys olivacea)
14. Peacock-marked
Soft-shelled Turtle (Trionyx hurum)
1[14-A.Pythons (Genus Python)]
1[14-B.Sail terrapin (Kachuga Kachuga)]
14-C. Spotted black Terrapin (Geoclemys hamiltoni)
2[15. * * *]
2[16. *
* *]
2[17. *
* *]
3[17-A.Water Lizard (Varanus salvator)]
1. Vide Notification
No.S.0.859 (E), dated 24th November, 1986, published in the Gazette
of lndia, Extra, Pt.II, Sec.3 (i), dated 24th November, 1986.
2. Vide NotificationNo. Fl -28/78 FRY (WL), dated 9th September,
1980, published in the Gazette oflndia, Extra., Pt. II, Sec.3(i), p. 431, dated
2nd October, 1980.
3. Vide Notification No. FJ
11012/31/76 FRY (WL), dated 29th August, 1977, published in the Gazette of
India, Extra., Pt. II, Sec.3(i), p. 333, dated 3rd September, 1977.
4. Vide Notification No. FJ
11012/31/76 FRY (WL), dated 5th October, 1977, published in the Gazette of
India, Extra., Pt. II, Sec.3 (i), p. 385, dated 5th October, 1977.
PART III
Birds
4[.1 Andaman
Teal (Anas gibberifrons allagularis)]
1-A. Asswn
Bamboo Partridge (Bambusicola fytchii)
3[l -B. Bazas (Avicedajeordone and Aviceda
leuphotes)]
2[1-C. Bengal
Florican (Eupodotis bengalensis)]
1 -D. Black-necked Crane (Grus nigricollis)
1 -E. Blood
Pheasants (Ithaginis cruentus tibetanus, lthagins Cruentus kuseri)
2[1 -F. * * *1
2. Cheer
Pheasant (Catreus wallichii)
2[2-A.
Eastern White Stork (Ciconia ciconia boyciana)]
3[2-B.
Forest-spotted Owlet (Athene blewitti)]
3[2-C.
Frogmouths (Genus batrachostomus)]
3. Great
Indian Bustard (Choriotis nigriceps)
4. Great
Indian Hombill (Buceros bicornis)
2[4-A. Hawks (Accipitridao)]
3 [4-B. Hooded Crane (Grus monacha)]
3[4-C. Hombills (Ptilolaemus tickelli austeni, Aceros
nipalensis, Rhyticeros undulatus ticehursti)]
3[4-D. Houbara
Bustard (Chlamydotis undulata)]
3[4-E. Humes
Bar-backed Pheasant (Syrmaticus humiae)]
3[4-F. Indian
Pied Hombill (Anthracoceros malabaricus)]
5. Jerdon’s Courser
(Cursorius bitorquatus)
6. Lainmergeier (Gypaetus
barbatus)
7. Large Falcons (Falco
peregrinus, Falco biarmicus and Falco chicuera)
3[7-A. Large
Whistling Teal (Anatidae)]
1 [7-B. Lesser
Florican (Sypheotides indica)]
1[7-C. Monal
Pheasants (Lophophorus impeyanus, Lophophorus Sclateri)]
8. Mountain Quail (Ophrysia
superciliosa)
9. Narcondarn Hombill
[Rhyticeros (undulatus) narcondami)]
1[9-A. *
* *]
10. Nicobar Megapode
(Megapodiusfreycinet)
3[10-A. Nicobar Pigeon (Caloenas nicobarica
pelewensis)]
3[10-B. Osprey or Fish-eating Eagle (Pandion
haliatetus)]
3[10-C.Peacock Pheasants (Polypiectron
bicalcaratum)]
11. Peafowl (Pavo cristatus)
12. Pink-headed Duck
(Rhodonessa caryophyllacea)
13. Scalater’s Monal
(Lophophorus sclateri)
14. Siberian White Crane (Grus
leucogeranus)
2[14-A. * * *]
3[14-B.Tibetan Snow-Cock (Tetraogallus
tibetanus)]
15. Tragopan Pheasants
(Tragopan melanocephalus, Tragopan blythii, Tragopan satyra, Tragopan
temminckii)
16. White-bellied Sea Eagle
(Haliaetus leucogaster)
17. White-eared Pheasant
(Crossoptilon crossoptilon)
1[17-A.White Spoonbill (Platalea leucorodia)]
18. White-winged Wood Duck
(Cairina scutulata)
1. Vide Notification
No.S.0.859 (E), dated 24th November, 1986, published in the Gazette
of lndia, Extra, Pt.II, Sec.3 (i), dated 24th November, 1986.
2. Vide NotificationNo. Fl -28/78 FRY (WL), dated 9th September,
1980, published in the Gazette oflndia, Extra., Pt. II, Sec.3(i), p. 431, dated
2nd October, 1980.
3. Vide Notification No. FJ
11012/31/76 FRY (WL), dated 29th August, 1977, published in the Gazette of
India, Extra., Pt. II, Sec.3(i), p. 333, dated 3rd September, 1977.
4. Vide Notification No. FJ
11012/31/76 FRY (WL), dated 5th October, 1977, published in the Gazette of
India, Extra., Pt. II, Sec.3 (i), p. 385, dated 5th October, 1977.
PART-IV
Crustacea and Insects
1[1.] Butterflies and
Moths
1. Vide
Notification No.S.0.859 (E), dated 24th November, 1986, published in
the Gazette of lndia, Extra, Pt.II, Sec.3 (i), dated 24th November, 1986.
|
Family Amathusildae |
Common English name |
|
Discophora deo deo Discophora sondaica muscina Faunis faunula faunuloides Family Danaidne Danaus gautwna gautainoides Euploea craineri nicevillei Euploea midamus roepstorfti Family Lycaenidoe Allotinus drumila Allotinus fabius penormis Amblopala avidiena Amblypodia ace arata Amblypodia alea constanceae Amblypodia ammonariel Amblypodia arvina ardea Amblypodia asopia Amblypodia comica Amblypodia opalima Amblypodia zeta Biduanda Melisa Cyana Biduanda melisa cyana Callophyrs leechii Castalius rosimon alarbus Charana cepheis Chlioria othona Deudoryx epijarbas arnatius Everes moorei Gerydus biggsii Gerydus symethus diopeithes Heliophorus hybrida Horaga albimacula Jainides ferrari Liphyra brassolis Listeria dudgenni Logania Watsoniana subfasciati Lycaenopsis binghmni Lycaenopsis haraldus ananga Lycaenopsis puspa prominens Lycaenopsis quadriplaga dohertyi Nacaduba noreia hampsoni Polyommatus oritutus leela Pratapa Icetas mishmia Simiskina phatena harterti Sinthusa Virgo Spindasis elwesi Spindasis rukmini Strymoni mackwoodi Tajuria ister Tajuria lucutentus nela Tajuria yajna yajna Thecla ataxus zutia Thecia bleti mendera Thecia letha Thecla paona Thecla pavo Virachola smilis Family Nymphalidae Apatura utupi utupi Argynnis hegemone Catinaga buddha Charases dumfordi nicholi Ciffochroa fasciata Diagom nicevillei Dillpa morgiana Doleschattia bisaltide andamana Eriboea moorel sandakanas Eriboea schreiberi Eulaceura manipurensis Euthalia durga splendens Euthatia iva Euthatia Khama Curvifascia Euthalia tellehinia Helcyra hemina Hypolimnas missipus Limenitis austenia purpurascens Limenitis zulema Melitaea shandura Neptis antilope Neptis aspasia Neptis columelia kankena Neptis cydippe kirbariensis Neptis ebusa ebusa Neptis jumbah binghaini Neptis manasa Neptis nycteus Neptis poona Neptis sankara nar Panthoporia jina jina Panthoporia reta moorei Prothoc franckii regalis Sasakia funebris. Sophisa chandra Symbrenthia silana Vanessa antiopa yedunula Family Papilionidae Chilasa clytea clytea of commixtus Papilio elephenor Papitio tiomedon Pamassiusaeco geminifer Parnassius delphius Pamassius hannyngtoni Pamassius imperator augustus Pamassius stoliezkanus Polydorus coon swnbilanga Polydorus cerassipes Polydor.us hector Polydorus nevilli Polydorus plutonium pembertoni Polydorus polla Family Pleridne Aporia harrietae harrietae Baltia butieri sikkima Colias colias thrasibulus Colias dubi Delias swnaca Pieris krueperi devta Family Satyriidae Coelitis mothis adarnsoni Cyllogenesjanetae Elymnias peali Elymnias penanga chilensis Erebia annada annada Erebia nara singha nara singha Lethe, distans Lethe dura gammiel Lethe europa tamuna Lethe gemina gafuri Lethe guluihal guluihal Lethe margaritae Lethe ocellata lyncus Lethe ramadeva Lethe satyabati Mycalesis orseis nautilus Pararge menava maeroides Ypthima dohertyi persimilis |
Duffer, banded Duffer, common Pallid fauna Tigers Crow, spotted Black Crow, Blue-spotted Darkie, crenulate/Great Angled darkie Hairstreak, Chinese Leaf Blue Rosy Oakblue Malayan Bush blue Purple Brown tailless Oakblue Plain tailless Oakblue Comic Oakblue Opal Oakblue Andaman tailless Oakblue Blue posy Hairstreak, Ferruginous Pierrot, common Mandar in Blue, Cachar Tit, orchid Comelian, scarce Cupid, Moore's Bigg's Brownie Great Brownie Sapphires Onyxes Caeruleans Butterfly, Moth Lister's hairstreak Mottle, Watsen's Hedge Blue Hedge Blue, Felder's Common hedge Blue Naga hedge Blue Lineblue, White-tipped Greenish mountain Blue Royal, dark Blue Brilliant, Broadianded Spark, Pate Silverline, Elwes's Silverline, Khaki Hairstreak, Mackwood's Royal, uncertain Royal, Chinese Royal, Chestnut and Black Wonderful hairstreak Indian Purple hairstreak Watson’s hairstreak Paona hairstreak Peacock hairstreak Guava Blues Emperor, Tawny Silver-washed fritillary Freak Rajah, chestnut Yeomen Siren, Scarce Emperor, Golden Autumn leaf Malayan Nawab Blue Nawab Emperor, Tytter's Barons/Connis/Duchesses Duke, Grand Duke, Naga Baron, Blue Emperor, White Eggfly, Danaid Commodore, Grey Admirals Fritillaries/Silverstripes Sailer, variegated Sailer, Great Hockeystick Sailer, Short-banded Sailer, Chinese yellow Sailer/ Lascar Sailer, chestnut-streaked Sailer, Pale Hockeystick Sailer, Hockeystick Lascar, tytler's Sailer, Broad-banded Bhutan sergeant Malay staff sergeant Begum, Blue Empress Courtier, Eastern Jester, Scarce Admirables Common mime Spangle, yellow-crested Swallowtail, Malabar Banded Apollo Banded apolto Hannyngton's apollo Imperial apollo Ladakh Banded apollo Common clubtail Black windmill Crimson rose Nevill's windmill Chinese windmill Deniceylle's windmill Black veins White butterfly Clouded yellows Dwarf clouded yellow Jezebel, pale Butterfly cabbage/White II Cat's eye” Scarce Evening Brown, Scarce Palmfly, Peal's Palmfly, Painted Argus, ringed Argus, Mottled Forester, Scarce Red Lilacfork, Scarce Bamboo tree brown Tayler's tree brown Forester, Dull Tree brown, Bhutan Mystic, dismal Silverstripe, Single Forester, pallid Bushbrown, Purple Wall dark Five ring, Great |
1[1 -A.
Coconut or Robber Crab (Bigrus latro)]
1[2. Dragon
Fly (Epioplebia laidlawi)]
(See secs. 2, 8, 9, 2[***], 11, 40,
41, 43, 48, 51, 61 and 62)
2[***]
PART I
1. * * *
3[1-A. Assamese
macaque (Macaca assamensis)]
4[2. Bengal
Porcupine (Atherurus mecrourus assamensis)]
3 * * *]
3[3-A. Bonnet
macaque (Macaca radiata)]
4[3-B. *
* *]
5[3-C. Cetatean
spp. (other than those listed in Sch. I and Sch.II, Part II)]
4[4. * * *]
3[4-A. Conunon
langur (Presbytis entellus)]
1[5. * *
*]
3[6. * * *]
7. Ferret Badgers (Melogale
moschata, Melogale personate)
3[8. * * *]
3[9. * * *]
3[10. * * *]
11. Himalayan Crestless
Porcupine (Hystrix hodgsoni)
5[11 -A.
Himalayan Newtor Salamander (Tyletotriton verrucosus)]
1[12. * *
*]
1[13. * *
*]
1[14. * *
*]
3[15. * *
*]
16. Pig-tailed macaque (Macaca
nemestrina)
3[17. * * *]
3[17-A.Rhesus macaque (Macaca mulatta)]
1[18. * * *]
19. Stump-tailed macaque
(Macaca speciosa)
1[20. * *
*]
21. * * *]
22. Wild dog or dhole (Cuon
alpinus)
1[23. * *
*]
3[24.
Chameleon (Chameleon calcaratus)]
25. Spiny-tailed Lizard or
Sanda (Uromastix hardwickii)
1. Vide Notification No.
FI-28/78 FRY (WL), dated 9th September, 1980, published in the Gazette of
India, Extra, Pt. II, Sec.3 (i), p. 431, dated 2nd October, 1980.
2. Omitted by Act 44 of 1991, sec. 49 (w.e.f
2-10-1991).
3. Vide Notification No. FJ
I 101 2/31/76 FRY (WL), dated 29th August, 1977, published in the Gazette of
India, Extra, Pt. II, Sec.3 (i), p. 333, dated 3rd September, 1977.
4. VideNotificationNo. FJ
11012/31/76 FRY (WL), dated 5fli October, 1977, published inthe Gazette, of,
India, Extra., Pt. II, Sec.3(i), p. 385, dated 5th October, 1977.
5. Vide Notification
No. S.O. 859 (E) dated 24th
November, 1986, published in the Gazette of India Extra., Pt. II, Sec.3 (i), dated 24th November,
1986.
PART II
1[1.] Beetles
1. Vide Notification No.
Fl-28/78 FRY (WL), dated 9th September, 1980, published in the
Gazette of India, Extra., Pt. II, Sec.3 (i), p. 431, dated 2nd October, 1980.
|
Family Carabidne Agonotrechus andrewesi Amara brucei Amara eleganfula Brachinus atripennis Broscosoma gracile Brosous bipillifer Broter ovicollis Calathus amaroides Callistominus belli Chlaenius championi Chlaenius kanarae Chiaenius masoni Chlaenius nilgiricus Family Chrysomelidae Acrocrypta rotundata Bimala indica Clitea indica Gopala pita Griva cyanipennis Nisotra cardoni Nisotra madurensis Nisotra nigripennis Nisotra semicocrulea Nisotra striatipennis Nonarthra patkaia Psylliodes plana Psylliodes shira Sebaethe cervina Sebaethe patkaia Sphaeroderina brevicome Family Cucujidse Carinophlocus raffrayi Cucujus bicolor Cucujus grouvelle Cucujus imperialis Heterojinus semilaetaneus Laemophloeus belli Laemophloeus incertus Pediacus rufipes Family Inopeplidae Inopeplus albonotalus Family Amathueidae Aemona amathusia amathusia Amathusia phildippus andamanicus Amathuxida arnythaon amythaon Discophora deo deodoides Discophora lepida lepida Discophora timora andamanensi Enispe cycnus Faunis sumeus assama Sticopthalma nourmahal Thauria aliris amplifascia Family Dansidae Euploea melanaleuca Euploea midainus rogenhofer Family Erycinidae Abisara kausarnbi Dodona adonira Dodona dipoea Dodona egeon Libythea lepita Family Hesperiidae Baoris phidippina Bebasa sena Halpe homolea Family Lycaenidae Allotinus subviolaceus manychus Amblypodia abetrrans Amblypodia aenea Amblypodia agaba aurelia Amblypodia agrata Amblypodia alesia Amblypodia apidanus ahainus Amblypodia areste areste Amblypodia bazaloides Amblypodia camdeo Amblypodia ellisi Amblypodia fulla ignara Amblypodia genesa watsoni Amblypodia paraganesa zephyreeta Amblypodia paralea Amblypodia silhetensis Amblypodia sufrusa suffusa Amblypodia yendava Apharitis lilacinus Araotes lapithis |
Artipe eryx
Bindahara phocides
Bothrinia chennellia
Castalius roxus manluena
Catapoecilma delicatum
Catapoecilma elegans myositina
Charanajalindra
Cheritrelia truncipennis
Chliaria kina
Deudoryx hypargyria gaetulia
Enchrysops cnejus
Everes diporoides
Everes kala
Helipphorus and rocles moorei
Horage onyx
Horage viola
Hypolycaena nilgirica
Hypolycaena thecloides nicobarica
Iraota rochana boswelliana
Jaimides alectokandulana
Jamides celeodus pura
Jamides coeruter
Jainides kankena
Lampides boeticus
Lilacea albocaerulea
Lilacea atroguttata
Lilacea lilacea
Lilacea melaena
Lilacea minima
Logania massalia
Lycaenesthes lycaenina
Mahathala ameria
Mahathala atkinsoni
Magisba Malaya presbyter
Nacaduba aluta coelestis
Nacaduba ancyra aberrans
Nacaduba dubiosa fulva
Nacaduba helicon
Naeaduba hermus major
Nacaduba pactolus
Neucheritra febronia
Niphanda cymbia
Orthomiella pontis
Pithecops fulgens
Polymmatus devanica devanica
Polymmatus metallica metallica
Polymmatus orbitulusialoka
Polymmatus yeonghusbandi
Poritia erycinoides elsiei
Poritia hewitsoni
Poritia plsurata geta
Pratapa bhetes
Pratapa blanka
Pratapa deva
Pratapa icetas
Rapala buxaria
Rapala chandrana chandrana
Rapala nasaka
Rapala refulgens
Rapala rubida
Rapala scintilla
Rapala sphinx sphinx
Rapala varuna
Spindasis elimaelima
Spindasis lohita
Spindasis nipalicus
Suasa lisides
Surendra todara
Tajuria albiplaga
TajuTia cippus cippus
Tajuria culta
Tajuria diaeus
Tajuria illurgioides
Tajuria illurgis
Tajuriajangala andamanica
Tajuria melastigma
Tajuria sebonga
Tajuria thyia
Tijuria yajna istroides
Tarucus callinara
Tarucus dharta
Thaduka malticaudata kanara
Thelca ataxus ataxus
Thecla bitel
Thecta icana
Thecla jakamensis
Thecla kabreea
Thecla khasia
Thecla kirbariensis
Thecla suroia
Thecla syla asswnica
Thecla vittata
Thecla ziba
Thecla zoa
Thecla zsta
Una usta
Yasoda tripunctata
Family Nymphalidae
Adolias cyanipardus
Adolias dirtea
Adolias khasiana
Apatura chevana
Apatura parvata
Apatura sordida
Apatura ulupi florenciae
Argynnis adippe pallida
Argynnis altissima
Argynnis claraclara
Argynnis pales horla
Atella alciope
Calinaga buddha brahaman
Charaxes aristogiton
Charaxes fabius sulphureus
Charaxes karruba
Charaxes marmax
Charaxes polyxena heman
Cheroonesia rahria rahrioides
Cyrestis cocies
Diagora persimilis
Doleschallia bisaitide malabarica
Eriboea athames andamanicus
Eriboea delphis
Eriboea dolen
Eriboea harcoea lissainei
Euripus consimilis
Euripus halitherses
Euthalia anosia
Euthalia cocytus
Euthalia duda
Euthalia durga durga
Euthalia evalina landabilis
Euthalia franciae
Euthalia garuda acontius
Euthalia lepidea
Euthalia merta eriphyle
Euthalia nara nara
Euthalia patala taooana
Euthalia teuta
Horona marathus andainana
Hypolimnas missipus
Hypolimnas polynice birmana
Kallima albofasciata
Kallima alompra
Kallima philarchus horsfieldii
Limenitis austenia austenia
Limenitis damava
Limenitis dudu
Melitaea robertsi lutko
Neptis aurelia
Neptis anjana nashona
Neptis aurelia
Neptis magadh khasiana
Neptis nandina hamsoni
Neptis narayana
Neptis radha radha
Neptis soma
Neptis zaida
Neurosigma doublodayi doubledayi
Pantoporia ksura ksura
Pantoporia kanwa phorkys
Pantoporia larymna siamensis
Pantoporia pravara acutipennis
Pantoporia ranga
Parthenos sylvia
Penthema lisarda
Symbrenthia niphanda
Vanesa egea agnicula
Vanesa latbum
Vanesa polychloros fervida
Vanesa prarsoides dohertyi
Vanesa urticoe rizama
Family Papilionidae
Bhutanitis liderdalei liderdalei
Chilasa epycides epycides
Chilasa paradoxa telearchus
Chilasa slateri slateri
Graphium aristeus anticrates
Graphium arycles aiycles
Graphium eurypylus macronius
Graphium evemon albociliates
Graphium gyas gyas
Graphium megarus megarus
Papilio bootes
Papilio buddha
Papilio fuscus andamanicus
Papilio machaon verityi
Papitio mayo
Pamassius charltonius charitonius
Pamassius epaphus hillensis
Pamassius jacquemonti jacquemonti
Polydorus latreillei kabrua
Polydorus plutonium tytleri
Teinopaipus imperialis imperialis
Family Pieridae
Aporia nabellica
Appias albina darada
Appias indra shiva
Appias lyncida latifasciata
Appias wardi
Baltia butieri butleri
Cepora nadian remba
Cepora nerissa dapha
Colias ecocandiea hinducucica
Colias eogene
Colias ladakensis
Colias stoliczkana miranda
Delias lativitta
Dercas lycorias
Euchloe charlonia lucilla
Eurema andersoni orinistoni
Metaporia agathon
Pieris deota
Pontia chloridice alipina
Saletara panda Chrysaea
Valeria avatar avatar
Family Satyridae
Anlocera brahminus
Cyllogenes suradeva
Elymnias malelas milamba
Elymnias vasudeva
Erebia annada suroia
Erebia hygriva
Erebia kalinda kalinda
Erebia mani mani
Erebia seanda opima
Erites falcipennis
Hipparchis hoydenreichi shandura
Lethe atkinsoni
Lethe baladeva
Lethe brisanda
Lethe goalpara goalpara
Lethe insana insana
Lethejalaurida
Lethe kaubra
Lethe latiaris latiaris
Lethe moelleri moelleri
Lethe naga naga
Lethe nicetella
Lethe pulaha
Lethe scanda
Lethe serbonis
Lethe sidcrca
Lethe sincrix
Lethe tristigmata
Lethe violaceopicta kanjupkula
Lethe visrava
Lethe yama
Maniola davendra davendra
Melanitis zitenius
Mycalesis adamsoni
Mycalesis anaxias
Mycalesis qotaina charnka
Mycalesis heri
Mycalesis lepcha bethami
Mycalesis inalsarida
Mycalesis mestra
Mycalesis misenus
Mycalesis mystes
Mycalesis suavolens
Neorina hilda
Neorina patria westwoodii
Oeneis buddha quaurhwalica
Parantirrhoea marshaii
Pararge eversmanni cash mirensis
Pararge maerula maefula
Ragadia crisida crito
Rhapicera sttriens kabrua
Ypthima bolanica
Ypthima lycus lycus
Ypthima mathora mathora
Ypthima similis affectata
Zipotis saitis
1[1-A. Civets
(all species of Viverridae except Malabar civet)]
1[1-B. Common
fox (Vulpes bengalensis)]
1[1-C. Flying
squirrels (all species of the genera Bulopetes, Petaurista, Pelomys and
Eupetaurus)]
1[1-D. Giant squirrels (Ratufa macroura Ratufa
indica, and Ratufa bicolor)]
1[2. Himalayan
brown bear (Ursus arctos)]
2[2-A. Himalayan
black bear (Selenarctos thibetanus)]
1[2-B. Jackal
(Canis aureus)]
1[2-C. Jungle
cat (Felis chaus)]
1[2-D. Marmots (Marmota bobak himalayana,
Marmota caudata)]
1[2-E. Martens
(Martesforia intermedia, AIartes flovigule, Martes gwatkinsii)]
1[3. *
* *]
4. Otters (Luthra, L. perspicillata)
1[4-A. Pole cats (Vormela peregusna, Mustila
poturius)
4-B.
Red fox (Vulpes vulpes, vulpes Montana vulpes griffithi, vulpes pusilia)
3 [5. Sloth
bear (Metursus ursinus)]
3 [5-A. Sperm whale (Physeter macrocephalus)]
3[6. * *
*]
3[7. Weasels
(Mustela Sibirica, Mustela Kathian, Mustela Altaica)]
3[8. Checkered
keelback snake (Xenochrophis piscatar)]
9. Dharnan or rat snake
(Plyas mucosus)
10. Dog-faced water snake
(Carbrus rhynchops)
11. Indian cobras (all
sub-species belonging to genus Naja)
12. King cobra (Ophiophagus
hannah)
13. Oliveceous keelback
(Artaetium schistosum)
14. Russel’s viper (Vipera
ruselli)
15. Varanus species (excluding
yellow monitor lizard)
1. Vide Notification
No.S.0.859 (E), dated 24th November, 1986, published in the Gazette
of India Extra., Pt. II, Sec.3 (i), dated 24th November, 1986.
2. VideNotificationNo. FI-28/78 FRY (WL), dated 9th September,
1980, published in the Gazette ofindia, Extra., Pt. II, Sec.3 (i), p. 431,
dated 2nd October, 1980.
3. Vide Notification No. FJ
11012/31/76 FRY (WL), dated 5th October, 1977, published in the Gazette of India,
Extra., Pt. II, Sec.3 (i), p. 385,
dated 5th October, 1977.
SCHEDULE-III
(See secs. 2, 8
3[***] 9, 11 and 61)
2[1. *
* *]
2. Barking deer or muntjac
(Muntiacus munyak)
4[3. * *
*]
1[4. * *
*]
5. Chital (Axix axis)
1[6. * * *]
7. Gorals (Nemorhaedus goral,
Nemorhaedus hodgsoni)
1[8. * *
*]
4[9. * *
*]
1[10. * * *]
11. Hogdeer
(Axis porcinus)
12. Hyaena
(Hyaena hyaena)
1[13.
* * *]
14. Nilgai
(Boselaphus tragocamelus)
1[15.
* * *]
16.
Sambar (Cervus unicolor)
1[17. * *
*]
1[18. * *
*]
19. Wild
pig (Sus scrofa)
1. Vide
Notification No. FJ 11012/31/76 FRY (WL), dated 5th October, 1977, published in
the Gazette of India, Extra, Pt. II, Sec.3 (i), p. 385, dated 5th October,
1977.
2. Vide
NotificationNo. S.O. 859(E), dated 24th
November, 1986 published in the Gazette of India, Extra, Pt.II, Sec.3 (i),
dated 24th November, 1986.
3. Omitted
by Act 44 of 1991, sec. 50 (w.e.f. 2-10-1991).
4. Vide
Notification No. FRY-28/78 FRY (WL), dated 9th September, 1980, published in
the Gazette of India, Extra., Pt. II,
Sec.3 (i), p. 431, dated 2nd October, 1980.
(See sees. 2, 8, 9, 11 and 6 1)
1[***]
2[1.
* * *]
3[l -A. * * *]
2[2.
* * *]
3.
* * *]
3[3-A. Five-striped
palm squirrel (Funambulus pennanti)]
4. Hares
(Black Naped, Common Indian, DeseM Himalayan mouse hare)
4[4-A. Hedge
hog (Hemiechinus auritus)]
2[4-B. * * *]
2[4-C. * * *]
2[4-D. * * *]
2[4-E. Indian
porcupine (Hystrix indica)]
2[5.
* * *]
2[6. * * *]
4[6-A. Mongooses
(All species of genus Herpestes)]
5[6-B. * * *]
5[7. *
* *]
4 [7-A. Pole
cats (Vormela peregusna, Mustela putorius)]
5[7-B. * * *]
8. *
* *]
5[8-A. * * *]
2[9. *
* *]
2 [9-A. * * *]
10. *
* *]
6[11. Birds 4[(other than those, which appear in other
Schedules)]]:
1. Avadavat (Estrildinae)
2. Avocet (Recurvirostridae)
3. Babblers (Timaliinae)
4. Barbets (Capitonidae)
5. Bamowls (Tytonknae)
6. Bitterns (Ardeidae)
7. Brown-headed gull (Larus
brunnicephalus)
8. Buibuls (Pycnonotidae)
9. Buntings
(Emberizidae)
10. Bustorda
(Otididae)
11. Bustard-Qualis
(Turnicidae)
12. Chloropsis
(Irenidae)
13. Comb
duck (Sarkidiornis melanotes)
14. Coots
(Rallidae)
15. Cormorants
(Phalacrocoracidie)
16. Cranes
(Gruidae)
17. Cuckoos (Cuculidae)
17-A.
Curlews (Seoalopacinae)
18. Darters
(Phalacrocoracidae)
19. Doves
including the Emerald Dove (Columbidae)
20. Drongos
(Dicruridae)
21. Ducks
(Anatidae)
22. Egrets
(Ardeidae)
23. Fairy
Blue Birds (Irenidae)
24. Falcons (Falconidae),
excepting the Shaheen and Peregrine falcons (Falco peregrinus), the shaker or
chorrug, shanghar and lagger falcons
(F. biarmicus), and the redheaded merlin (F. chicquera)
25. Finches
including the chaffinch (Fringillidae)
26. Falmingos
(Phoenicopteridae)
27. Flowerpeckers
(Dicaeidae)
28. Flycatchers
(Muscicapidae)
29. Geese
(Anatidae)
30. Goldfinch
and allies (Carduelinae)
31. Grebes
(Pooicipididae)
32.
Gerons (Ardeidae)
33.
Ibises (Thereskiornithidae)
34.
Lorars (Irenidae)
35. Jays
(Corvidae)
36. Jacanas (Jacanidae)
36-A.
Junglefowl (Phasianidae)
37. Kingfishers
(Alcedinidae)
38. Larks
(Alaudidae)
39. Lorikeets
(Psittacidae)
40. Magpies
including the Hunting magpie (Corvidae)
41. Mannikins
(Estrildinae)
42. Megapodes
(Megapodidae)
43. Minivets
(Campephagidae)
44. Munias (Estrildinae)
45. Mynas
(Sturnidae)
46. Nightjara
(Caprimalgidae)
47. Orioles
(Oriolidae)
48. Owls
(Strigidae)
49. Oystercatchers
(Haematopodidae)
50. Parakeets
(Psittacidae)
51. Partridges
(Phasianidae)
52. Pelicans
(Pelecanidae)
53. Pheasants
(Phasianidae)
54. Pigeons
(Columbidae) except the Blue Rock Pigeon (Columba livia)
55. Pipits (Motacillidae)
55-A. Pittas
(Pittidae)
56. Plovers
(Charadriinae)
57. Quails
(Rhasianidae)
58. Rails
(Rallidae)
59. Rollers
or Blue Jays (Coraciidae)
60. Sandgrouses (Pteroclididae)
61. Sandpipers
(Scolopacinae)
62. Snipes
(Scolopacinae)
63. Spurfowis
(Phasianidae)
64. Starlings
(Sturnidae)
65. Stone
Curlew (Burhinidae)
66. Storks,
(Ciconiidae)
67. Stilts
(Recurvirostridae)
68. Sunbirds
(Nectariniidae)
69. Swans
(Anatidae)
70. Teals
(Anatidae)
71. Thurushes
(Turadinae)
72. Tits
(Paridae)
73. Tree
pies (Corvidae)
74. Trogons
(Trogonidae)
75. Vultures
(Accipitridae)
76. Waxbilis
(Extrildinae)
77. Weaver
Birds or Bayas (Ploceidae)
78. White-eyes
(Zosteropidesa)
79. Woodpeckers
(Picidae)
80.
Wrens (Troglodytidae)
6[12.
Snakes 2[other than those
species listed in Sch.I, Pt.II; and Sch.II, Pt.III:
(i) Amblycaphatidae
(ii) Amilidae
(iii) Boidae
(iv) Colubridae
(v) Dasypeptidae
(Egg-eating snakes)
(vi) Elapidae
(Cobras, Kraits, and Coral Snakes)
(vii) Glauconndae
(viii) Hydrophidae
(Fresh water and sea snakes)
(ix) Tlysiidae
(x) Leptotyphlopidae
(xi) Typhlopidae
(xii) Uropeltidae
(xiii) Viperidae
(xiv) Xenopeltidae]
6[13. Fresh
Water Frogs (Rana spp.)]
6[14. Three-keeled
Turtle (Geoemydas tricarinata)]
6[15. Tortoise
(Testudinidae, Tryonychidae)]
6[16. Vivipaous toads (Nectophyrynoides sp.)]
6[17. Voles]
6[18. Butterflies
and Moths]
Family Danaidae
Euploca core simulatrix
Euploca crassa
Euploca dioclctianus ramsayi
Euploca muleiber
Family Hesperilidse
Baoris farri
Hasora vitta
Hyarotis adrastus
Oriens concinna
Pelopidas assamensis
Pelopidas sinensis
Polytrema discreta
Polytrema rubricans
Thoressa horiorei
Family Lyeaenidae
Tarucus ananda
Family Nymphalidae
Euthalia lubentina
Family Pieridae
Aporia agathon ariaca
Appias libythea
Appiad nero galba
Prioneris sita
1. Omitted by Act 44 of
1991, sec. 51 (w.e.f 2-10-1991).
2. Vide Notification
No. S.O. 859 (E), dated 24th
November, 1986, published in the Gazette of India, Extra, Pt. II, Sec.3 (i),
dated 24th November, 1986.
3. Vide Notification
No. F 1-28/78 FRY (WL), dated 9th
September, 1980, published in the Gazette of India, Extra., Pt. II, Sec.3(i),
p. 431, dated 2nd October, 1980.
4. Vide Notification dated
No. FJ 11012/31/76 FRY (WL), dated 29th
August, 1977, published in the Gazette of India, Extra., Pt. II, Sec.3(i), p.
333, dated 3rd September, 1977.
5. Vide Notification No. FJ
11 012/31/76 FRY (WL), dated 5th October, 1977, published in the Gazette of
India, Extra, Pt. II, Sec.3 (i), p. 385, dated 5th October, 1977.
6. Vide Notification
No. FI-28/78 FRY (WL), dated 9th
September, 1980, published inthe Gazette of India, Extra, Pt. II, Sec.3 (i), p.
431, dated 2nd October, 1980.
(See sees. 2, 8, 61 and 62)
1.
Common crow
1[2. *
* *]
3. Fruit bats
2[4. * * *]
5. Mice
6. Rats
3 [7. *
* *]
1. Vide Notification No. FJ IIOI2/31/76 FRY
(WL), dated 5th October,] 1977, published in the Gazette of India,
Extra, Pt. II, Sec.3 (i), p. 385, dated 5th October, 1977
2. Vide
Notification No. FI-28/78 FRY (WL), dated 9th September 1980, published in the
Gazette of India, Extra, Pt. II, Sec.3 (i), p. 431, dated 2nd October 1980.
3. Ins. by
Act 44 of 1991, sec.52 (w.e.f. 2-10-1991).
1[SCHEDULE VI
(See section 2)
1. Beddomes
cycad (Cycas heddomei)
2. Blue Vanda (Vanda soerulec)
3. Kuth
(Saussurea lappa)
4. Ladies
slipper orchids (Paphiopedilum spp.)
5. Pitcher
plant (Nepenthes khasiana)
6. Red Vanda (Rananthera imschootiana)]
1. Ins. by
Act 44 of 1991, sec.52 (w.e.f. 2-10-1991).