(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 5[sections 18 of 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 Parks 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 sanctions 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) 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 consists of-

(a) chairperson;
(b) such number of members not exceeding ten; and
(c) member-secretary, to be appointed by the Central Government.

(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 existance of any vacancies or defect in the constitution of the Authority.

(a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo;
(b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed;
(c) recognise or derecognise zoos;
(d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to zoo;
(e) co-operate 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.

(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 in this behalf.

(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 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 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 privilege and the authority in connection with such audit as the Comptroller ad Audit-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 Authoriy, as a certified by the Comptroller and Auditor-General or any other persaon appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority.

(1) No zoo shall be operated without being recognised by the Authority : Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendation) Act, 1991 may continue to operate without being recognised for a period of 1[eighteen months from the date of such commensement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal.
(2) Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed.
(3) Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo.
(4) No recognition to a zoo shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted.
(5) No application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard.
(6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section(4):
(7) An appeal from an order refusing to recognise a zoo under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall 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 satisfied that the appellant had sufficient cause for not preferring the appeal in time.

(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 drived 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;
1[(c) ivory imported into India 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 provision of this Act,]

(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 Governement property.

(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 horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept.
(2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or 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 of animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
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 horn of a rhinoceros) or salted or dried skins derived from an animal specified in Schedule I or Schedule II in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed.

(1) On receipt of a declaration made under section 40, the Chief Wild Life Warden or the authorised officers 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.

(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 offer for sale or trasfer 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, uncured trophy or meat derived thereform;
(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 aticle, 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 peocock and the animal articles or trophies made therefrom;]
2[(b) to any transaction entered into by a recognised zoo subject to the provisions of section 38I or by a public museum with any other recognised zoo or public museum.]

(1) 3[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 4[ * * *]
(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;5[(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 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:
1[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.]
Explaination.-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 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 2[* * *] make an application to the Cheif Wild Life Warden or the authorised officer.
(4) (a) Every application referred to in sub-section (3) shall be made in such form and on payment of such fee as may be prescribed to the Chief Wild Life Warden or the authorised officer.
3[(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 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 licence 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) As appeal from an order refusing to grant a 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 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 appeallate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the order appellant had sufficient cause for not preferring the appeal in time.

(a) keep records and submit such returns of his dealings, as may be prescribed,-

(i) to the Director or any other officer authorised by him in this behalf, and
(ii) to the Chief Wild Life Warden or the authorised officer; and

(b) make such records available on demand for inspection by such officers.

(a) keep in this control, custody or possession,-

(i) any animal, animal articles, trophy or uncured trophy in respect of which a decision under the provisions of sub-section (2) of section 44 has to be made but has not been made;
(ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;

(b) (i) capture any wild animal, or
(ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport, any captive animal specified in Schedule I or Part II of Schedule II or any animal article, trophy, uncured trophy or meat derived therfrom 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:

(b) "scheduled animal article" means an article made from any scheduled animal and includes an article or object in which the wholeor 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 adding 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) 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
4[(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 serve meat derived from any schedule animal animal in eating-house.

(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 occupation referred to in clause (b) of the sub-section 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 offiial 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 (1 to 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 taxidermist 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) Every person carrying on the business or occupation referred to in sub-section (1) of section 49B shall,within thirty days from the specified date, declare to the Chief Wild Life Warden or 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 bona fide personal use.

(2) On receipt of a declaration under sub-section (1), the person making the 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 41and 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 bona fide 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 bona fide 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 isued 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 reside 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 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 1[any scheduled animal or a scheduled animal article or ivory imported into India or any article made therefrom].]

CHAPTERVI

PREVENTION AND DETECTION OF OFFENCE

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, 2[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 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;
2[(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 trap, tool, vehicle, vessel or weapon used for commiting 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.]

1[* * *]

(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 permit 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 otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him.

2[(3A) Any officer of rank not inferior to that of an Assistant Director of Wild Life Preservation or Wild Life Warden, who, or whose subordinate, 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 Megistrate 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 Megistrate to be delt 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 3[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 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 sale in such manner as may be prescribed.
(b) Where it is proved that the 3[meat, uncured trophy, specified plant, or part of 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 person 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.
2[(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.]

51. Penalties.-

(1) Any person who 1[contravences any provision of this Act 2[(except Chapter VA and section 38J)] or any rule order and made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this Act, shall be guilty of an offence against this Act, and shall, on conviction, be punishable with imprisonment for a term which may extend to 3[three years] or with fine which may extend to 4[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 or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence 5[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 6[one year] but may extend to six years and also with fine which shall not be less than 7[five thousand rupees:]

8[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.]

9[(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.]

10[(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 convited 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 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.

1[(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.]

COMMENTS

(i) The accused was convicted for possession of lion shaped trophies of Chinkara skins meant for sale without licence. But there was no evidence whatsoever as to when the accused came into possession of these trophies. The proviso to section 51 of the Act providing minimum sentence of 6 months is not attracted; Pyarelal v.State (Delhi Administration), AIR 1995 SC 1159.

(ii) To convict a person under the Act, it is necessary to prove that he had either killed or attempted to kill one of the animals or birds mentioned in the Schedules. It is no offence for a person holding a licence to go about with a gun in his possession; Batan Singh v. Emperor, 29 Cri LJ 238 (Lah).

52. Attempted 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, excersing 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) 2[The Central Government may, by notification, empower the Director of Wild Life Preservation or any other officer and the State Governmental] may, by notification, empower the Chief Wild Life Warden or any officer of a rank not inferior to that of 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 wich a minimum period of imprisonment has been prescribed in sub-section (1) of section 51, shall be compounded.

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 Gvernment; 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 aforsaid.]

56. Operataion of other laws not barred.- Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other lawfor 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, 2[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 2[trophy, uncured trophy, specified plant, or part or derivative thereof].

58. Offences by companies.-

(1) Where an offence against this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as 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 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.

Expalnation.- 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).

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 of 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.

2[(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IV A 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.]

3[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 judgement, order that the reward be paid 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 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 ofenders out of the sum of money accepted by way of composition not exceeding twenty percent. of such money.

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, "[add or delete any entry to or from any Schedule] or transfer any entry from one part of Schedule to another Part of the same Schedule or from one Schedule to another.

5[* * *]

(3) On the issue of a notification under sub-section (1) 6[* * *] the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or ommitted to be done before such alteration.

1[* * *]

62. Declaration of certain wild animals to be vermin.- 2[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.

63. Power of Central Government to make rules.-3[(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, norms 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 govern 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;

(l) the manner 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, aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should be made, the rule shall be 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.

64. Power of State Government to make rules.-

(1) 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 rule 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 sub-section (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.

 

 

NEXT — PREV

| | Indian Forest Act | Wildlife Protection Act | Environment Protection Act |
| Forest Conservation Act | Forest Code | Forest Rules | |