REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 61] NEW DELHI, MONDAY, SEPTEMBER 11, 1972/BHADRA 20, 1894

Separate paging is given to this Part in order that it may be filedas a separate compilation.

MINISTRY OF LAW AND JUSTICE(Legislative Department)

New Delhi, the 11th September, 1972/Bhadra 20, 1894 (Saka)The following Act of Parliament received the assent of the President

on the 9th September, 1972, and Is hereby published for general informa-tion:—

THE WILD LIFE (PROTECTION) ACT, 1972No. 53 OF 1972

[9th. September, 1972]An Act to provide for the protection of wild animals and birds and

for matters connected therewith or ancillary or incidental thereto.WHEREAS it is expedient to provide for the protection of wild animals

and birds and for matters connected therewith or ancillary or incidentalthereto;

AND WHEREAS Parliament has no power to make laws for the Stateswith respect to any of the matters aforesaid except as provided Inarticles 249 and 250 of the Constitution;

AND WHEREAS in pursuance of clause (1) of article 252 of theConstitution resolutions have been passed by all the Houses of theLegislatures of the States of Andhra Pradesh, Bihar, Gujarat, Haryana,Himachal Pradesh, Madhya Pradesh, Manipur, Punjab, Rajasthan, UttarPradesh and West Bengal to the effect that the matters aforesaid shouldbe regulated in those States by Parliament by law;

BE it enacted by Parliament in the Twenty-third Year of theRepublic of India as follows: —

CHAPTER IPRELIMINARY

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

(2) It extends, in the first instance, to the whole of the Slates ofAndhra Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya

( 765 )

Short title,extentandcommence-ment.

766 THE GAZETTE Of INDIA EXTRAORDINARY [PA«T K—

Pradesh, Manipur, Punjab, Rajasthan, Uttai Pradesh and West Bengaland to all the Union territories; and it shall also extend to such otherState as may adopt this Act by resolution passed in that behalf in pur-suance of clause (1) of article 252 of the Constitution.

(3) It shall come into force in a State or Union territory to whichit extends, or may become extended in future, on such date as the CentralGovernment may, by notification, appoint, and different dates may beappointed for different provisions of this Act or for different States orUnion territories.

2. In this Act, unless the context otherwise requires,—

(1) "animal" includes amphibians, birds, mammals and reptilesand their young, and also includes, in the cases of birds and reptiles,their eggs;

(2) "animal article" means an article made from any captiv*animal or wild animal, other than vermin, and includes an article orobject in which the whole or any part of such animal has been used;

(3) "big game" means any animal specified in Schedule HI;

(4) "Board" means the Wild Life Advisory Board constitutedunder sub-section (I) of section 6;

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

(6) "cattle" includes buffaloes, bulls, bullocks, camels, cows,domestic elephants, donkeys, goats, horses, mules, pigs and sheep, andalso includes their young;

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

(8) "closed area" means the area which is declared under sub-section (I) of section 37 to be closed to hunting;

(9) "Collector" moans the chief officer in charge of the revenueadministration 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 ofthat provision in the concerned State;

(11) "dealer" means any person who carries on the business ofbuying and selling any captive animal, animal article, trophy, uncur-ed trophy or meat;

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

(IS) "game reserve" means an area declared under section 36 tobe a game reserve;

(14) "Government property" means any property referred to *«section 39;

Defini-tions.

SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 767

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

(16) "hunting", with its grammatical variations and cognate ex*pressions, includes,

(a) capturing, killing, poisoning, snaring and trapping ofany wild animal and every attempt to do so,

(b) driving any wild animal for any of the purposes speci-fied in sub-clause (a),

(c) injuring or destroying or taking any part of the body ofany such animal or, in the case of wild birds or reptiles, damag-ing the eggs of such birds or reptiles, or disturbing the eggs ornests of such birds or reptiles;

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

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

(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 sec-tion 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 OfficialGazette;

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

(24) "person" includes a firm;

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

(26) "sanctuary" means an area declared, whether under section.18 or section 38, or deemed, under sub-section (3) of section 66, to bedeclared, as a wild life sanctuary;

(27) "small game" means any animal specified.in Schedule IV;

(28) "special game" means any animal specified in Schedule II;

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

(30) "taxidermy", with its grammatical variations and cognatsexpressions, means the curing, preparation or preservation oftrophies;

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

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

768 THE GAZETTE OF INOIA EXTRAORDINARY [pAttr tt—

{uj aii.ii.ci, uuiu, niuiuteiua IIVLU, ii.au. t icauuei, iiaii, IUUUJ,

musk, eggs and nests;

(32) "uncured trophy" means the whole or any part of any cap-tive animal or wild animal, other than vermin, which has not under-gone a process of taxidermy, and includes a freshly killed wild ani-mal;

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

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

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

(36) "wild animal" means any animal found wild in nature andincludes 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, Crustacea,fish and moths; and aquatic or land vegetation which forms part ofany habitat;

(38) "Wild Life Warden" means the person appointed as suchunder clause (b) of sub-section (1) of section 4.

CHAPTER XL

AUTHORITIES TO BE APPOINTED OR CONSTITUTED UNDER THE ACT

3. (1) The Central Government may, for the nurposes 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 orunder this Act, the Director shall be subject to such general or specialdirections, as the Central Government may, from time to time, give.

(3) The Assistant Directors of Wild Life Preservation and other officersand employees appointed under this section shall be subordinate to theDirector.

4. (1) The State Government may, for the purposes of this Act,appoint,—

(a) a Chief Wild Life Warden;

(b) Wild Life Wardens; and

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

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

(3) The Wild Life Warden and other officers and employees appointedunder this section shall be subordinate to the Chief Wild Life Warden.

Appoint-ment ofPirectorand otherofficers.

Appoint-ment ofChief WilLife Warden andotherc\f\\cer*.

SEC. 1} Ttffi GAZETTE OF INDIA EXTRAOkblNAR^ 769

5. (1) The Director may, with the previous approval of the CentralGovernment, by order in writing, delegate ail or afty of his powers andduties under tnis Act to any omcer subordinate to him subject to suchconditions, if any, as may be specified in the order.

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

(3) Subject to any general or special direction given or condition im-posed by the Director or the Chief Wild Life Warden, any person, autho-rised by the Director or the Chief Wild Life Warden to exercise anypowers, may exercise those powers in the same manner and to the sameeffect as if they had been conferred on that person directly by this Actand not by way of delegation.

6. (1) The State Government, or, in the case of a Union territory,the Administrator, shall, as eoon as may be after the commencement ofthis Act, constitute a Wild Life Advisory Board consisting of the followingmembers, namely:—

(a) the Minister in charge of forests in the State or Union terri-tory, or, if there is no such Minister, the Chief Secretary to theState Government, or, as the case may be, the Chief Secretary to theGovernment of the Union territory, who shall be the Chairman;

(b) two members of the State Legislature or, in the case of aUnion territory having a Legislature, two members of the Legislatureof the Union territory, as the ease may be;

(c) Secretary to the State Government, or the Government ofthe Union territory, in charge of forests;

(d) Chief Conservator of Forests, ex officio;

(e) an officer to be nominated by the Director;

(f) Chief Wild Life Warden, ex officio;

(g) such other officers and non-officials, not exceeding fifteen,who, in the opinion of the State Government, are interested in theprotection of wild life.

(2) The State Government shall appoint Chief Conservator of Forestsor Chief Wild Life Warden as the Secretary of the Board.

(3) The term of office of the members of the Board referred to inclause (g) of sub-section (1) and the manner of filling vacancies amongthem shall be such as may be prescribed-

(4) The members shall be entitled to receive such allowances in res-pect of expenses incurred in the performance of their duties as the StateGovernment may prescribe.

7. (1) The Board shall meet at least twice a year at such place as theState Government may 'direct.

(2) The Board shall regulate its nwn procedure (including the quo- ,rum).

Power todelegate.

Constitu-;ion ofWild LifeAdvisoryBoard.

Proce-dure tobe follow-ed by theBoard.

?70 Thfe GAZETTE OF INDIA EiiTRAOkDifcTAkY fPtMX tt—

(3) No act or proceeding of the Board shall be invalid merely by reasonof the existence of any vacancy therein or any defect in the constitutionthereof or any irregularity in the procedure of the Board not affecting themerits of the case.

8. It shall be the duty of the Wild Life Advisory Board to advise theState Government,—

(a) in the selection of areas to be declared as sanctuaries, Natio-nal Parks, game reserves and closed areas and the administrationthereof;

(b) in formulation of the policy in granting licences and permitsunder this Act;

(c) in any matter relating to the amendment of any Schedule; and(d) in any other matter connected with the protection of wild life,

which may be referred to it by the State Government.

CHAPTER IIIHUNTING OF WILD ANIMALS

9. (1) No person shall hunt any wild animal specified in Schedule I.

(2) No person shall hunt any wild animal specified in Schedule II,Schedule III, or Schedule IV, except under, and in accordance with, theconditions specified in a licence granted under sub-section (5).

(3) Any person desiring to obtain a licence referred to in sub-section(2) shall apply, in such form, and on payment of such fee, as may be pres-cribed, to the Chief Wild Life Warden or any other officer authorised bythe State Government in this behalf (hereinafter referred to as the autho-rised officer).

{4) An application under sub-section (3) may be made for all or anyof the following kinds of licences, namely: —

(a) Special game hunting licence-

(b) Big game hunting licence.

(c) Small game hunting licence.

(d) Wild animal trapping licence:Provided that any such licence may be restricted to the hunting or

trapping of such animal as may be specified therein.

(5) On receipt of an application under sub-section (3), the Chief Wild.Life Warden or the authorised officer may, after making such inquiry ashe may think fit with regard to the fitness or otherwise of the applicant toreceive the licence, grant or refuse to grant such licence after recordingin writing his reasons for such grant or refusal; and when the grant of alicence is refused, the fee paid therefor shall be refunded to the applicant.

(6) A licence granted under this section shall—(a) be in such form as may be prescribed;(b) be valid for such period as may be specified therein;te) be subject to such terms, conditions and restrictions as may

be prescribed;

(d) not be transferable.

Duties atWild LifeAdvisoryBoard.

Huntingof wildanimals.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 771

10. (1) The holder of every licence shall maintain a record, containingsuch particulars as may be prescribed, of the wild animals, other thanvermin, killed or captured by him during the currency of the licence.

(2) When any animal specified in Schedule II or Schedule III is killed,wounded, or captured by the holder of a licence, he shall, not later thanfifteen days from the date of such killing, wounding or capture, or beforeleaving the area specified in the licence, whichever is earlier, intimate inwriting to the Chief Wild Life Warden or the authorised officer, the pres-cribed particulars of such animal killed, wounded or captured by him.

(3) The holder of every licence shall, not later than fifteen days fromthe date of expiry of such licence, surrender the records maintained byhim under sub-section (2) and the licence to the Chief Wild Life Wardenor the authorised officer, and shall sign a declaration, in the prescribedform certifying the accuracy of the records maintained by him undersub-section (1).

11. (2) Notwithstanding anything contained in any other law for thetime being in force and subject to the provisions of Chapter IV,—

(a) the Chief Wild Life Warden may, if he is satisfied that anywild animal specified in Schedule I has become dangerous to humanlife or is so disabled or diseased as to be beyond recovery, by orderin writing and stating the reasons therefor, permit any person tohunt 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, Sche-dule III, or Schedule IV, has become dangerous to human life or toproperty (including standing crops on any land) or is so disabled ordiseased as to be beyond recovery, by order in writing and statingthe reasons therefor, permit any person to hunt such animal orcause such animal to be hunted.

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

Provided that nothing in this sub-section shall exonerate any personwho, when such defence becomes necessary, was committing any act incontravention of any provision of this Act or any rule or order made there-under.

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

12. Notwithstanding anvthing contained elsewhere in this Act, it shallbe lawful for the Chief Wild Life Warden, to grant, with the previouspermission of the State Government, a permit, by an order in writingstating the reasons therefor, to any person, on payment of such fee asmay be prescribed, which shall entitle the holder of such permit tn bunt,subject to such conditions as may be specified therein, any wild animalspecified in such permit, for the purpose of,—

(a) education;

(b) scientific research; or

(c) collection of specimens for zoological gardens, museums andsimilar institutions.

Mainte-nance ofrecords ofwild ani-malskilled 01captured.

Hunting ofwild ani-mals to b«jermittedn certain:ases.

Grantof permitfor spe-cial pur-posea.

772 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

1 13. The Chief Wild Life Warden or the authorised officer may, sub-ject to any general or special orders of the State Government, for goodand sufficient reason, to be recorded in writing, suspend or cancel anylicence granted under this Chapter:

Provided that no such suspension or cancellation shall be made exceptafter giving the holder of the licence a reasonable opportunity of beingheard.

14. (1) An appeal from an order refusing to grant a licence undersection 9, or an order suspending or cancelling a licence under section 13,shall lie,—

(a) if the order is made by the authorised officer, to the ChiefWild Life Warden, or

(b) if the order is made by the Chief Wild Life Warden, to theState Government.

(2) In the case of an order passed in appeal by the Chief Wild LifeWarden under sub-section (1), a second appeal shall lie to the StateGovernment.

(3) Subject as aforesaid, every order passed in appeal under thissection shall be final.

(4) No appeal shall be entertained unless it is preferred within fif-teen days from the date of the communication to the applicant of theorder appealed against:

Provided that the appellate authority may admit any appeal after theexpiry of the periqd aforesaid, if it is satisfied that the appellant hadsufficient cause for not preferring the appeal in time.

15. No person shall, unless specially authorised by a licence, huntthe young of any wild animal, other than vermin, or any female of suchanimal, or any deer with antlers in velvet.

16. (1) The State Government may, by notification, declare the wholeyear or any part thereof, to be a closed time throughout the State, or anypart thereof, for such wild animal as may be specified in the notificationand no hunting of such animal shall be permitted, during the said period,in the area specified in the notification.

(2) The provisions of sub-section (1) shall not apply to vermin unlessotherwise specified by the State Government in this behalf.

17. (1) No person shall—(a) hunt any wild animal, from or by means of, a wheeled or a

mechanically propelled vehicle on water or land, or by aircraft;(b) use an aircraft, motor vehicle or launch for the purpose of

driving or stampeding any wild animal;(c) hunt any wild animal with chemicals, explosives, nets, pit-

falls, poisons, poisoned-weapons, snares or traps, except In so far asthey relate to the capture of wild animals under a Wild AnimalTrapping Licence;

(d) hunt any special game or big game other than with a rifle,unless specially authorised by the licence to hunt with a shot-gunusing single-plug bullets;

Suspensioror cancel-lation oflicence.

Appe&li.

Huntingof youngand femaleof wildanimals.

Declara-tion ofclosedtime.

Restric-tions onhunting.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 773

(e) for the purpose of hunting, set fire to any vegetation;

(f) use any artificial light for the purpose of hunting, exceptwhen specially authorised to do so under a licence In the case ofcarnivora over a kill;

(0) hunt any wild animal during the hours of night, that is tosay, between sun-set and sun-rise, except when specially authorisedto do so under a licence in the case of carnivora over a kill;

(h) hunt any wild animal on a salt-lick or water hole or otherdrinking place or on path or approach to the same, except sand-grouse and water-birds;

(1) hunt any wild animal on any land not owned by Govern-ment, without the consent of the owner or his agent or the lawfuloccupier of such land;

(j) notwithstanding that he holds a licence for the purpose,hunt any wild animal during the closed time referred to in section 16;

(7c) hunt, with the help of dogs, any wild animal except water-bird, chakor, partridge or quail.

(2) The provisions of sub-section (1) shall not apply to vermin.

CHAPTER IV

SANCTUARIES, NATIONAL PARKS, GAME RESERVES AND CLOSED AREAS

Sanctuaries

18. (1) The State Government may, by notification, declare any area :to be a sanctuary if it considers that such area is of adequate ecological, :faunal, floral, geomorphological, natural or zoological significance, for thepurpose of protecting, propagating or developing wild life or its environ-ment.

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

Explanation.—For the purposes of this section, it shall be sufficient todescribe the area by roads, rivers, ridges or other well-known or readilyintelligible boundaries.

19. Whenever any area is declared to be a sanctuary, the Collectorshall inquire into, and determine, the existence, nature and extent of therights of any person in or over the land comprised within the limits ofthe sanctuary.

20. After the issue of a notification under section 18, no right shallbe acquired in, on or over the land comprised within the limits of thearea specified in such notification, except by succession, testamentary orintestate.

21. When a notification has been issued under section 18, the Collectorshall publish in the regional language In every town and village in or Inthe neighbourhood of the area comprised therein, a proclamation—

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

(b) requiring any person, claiming any right mentioned in sec-tion 19, to prefer before the Collector, within two months from the

Decla-ration ofsanctuary.

Collectorto deter-minerights.

Bar ofaccrualof rights.

Procla-mationbyCollector

774 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

date of such proclamation, a written claim in the prescribed form,specifying the nature and extent of suoh right with necessary de-tails and the amount and particulars of compensation, if any, claimedin respect thereof.

22. The Collector shall, after service of the prescribed notice upon theclaimant, expeditiously inquire into—

(n) the claim preferred before him under clause (b) of section21, and

(b) the existence of any right mentioned in section 19 and notclaimed under clause (b) of section 21,

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

23. For the purpose of such inquiry, the Collector may exercise thefollowing powers, namely: —

(a) the power to enter in or upon any land and to survey, de-marcate and make a map of the same or to authorise any otherofficer to do so;

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

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

(2) If such claim is admitted in whole or In part, the Collector mayeither—

(a) exclude such land from the limits of the proposed sanc-tuary, or

(b) proceed to acquire such land or rights, except where by anagreement between the owner of such land or holder of rights andthe Government, the owner or holder of such rights has agreed tosurrender his rights to the Government, In or over such land, and onpayment of such compensation, as Is provided In the Land Acquisi-tion Act, 1894.

25. (1) For the purpose of acquiring such land, or rights in or oversuch land,—

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

(b) the claimant shall be deemed to be a person Interested andappearing before him In pursuance of a notice given under sectionO of that Act;

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

(d) where the claimant does not accept the award made in hisfavour In the matter of compensation, he shall be deemed, withinthe meaning of section 18 of that Act, to be a person interested whohas not accepted the award, and shall be entitled to proceed to claimrelief against the award under the provisions of Part III of that Act;

InquirybyCollector.

PowersofCollector.

Acquisi-tion ofrights.

Acquisi-tionproceed-ings.

1 of 1894.

I of 1894.

Sue. lj TiiE GAZETTE OF INDIA EXTRAORDINARY 775

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

(/) in the case of the stoppage of a public way or a commonpasture, the Collector may, with the previous sanction of the StateGovernment, provide for an alternative public way or commonpasture, as far as may be practicable or convenient.

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

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

27. (2) No person other than,—

(a) a public servant on duty,

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

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

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

(e) the dependants of the person referred to in clause (a),clause (b) or clause (c),

shall enter or reside in the sanctuary, except under and in accordancewith the conditions of a permit granted under section 28.

(2) Every person shall, so long as he resides in the sanctuary, bebound—

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

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

(c) to report the death of any wild animal and to safeguard itsremains until the Chief Wild Life Warden or the authorised officertakes charge thereof;

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

(e) to assist any forest officer, Chief Wild Life Warden, WildLife Warden or police officer demanding his aid for preventing thecommission of any offence against this Act or in the investigaton ofany such offence.

Delegationof Collec-tor'spowers.

Restric-tion onentry in•enctu&fy.

776 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II—

28. (I) The Chief Wild Life Warden may, on application, grant to anyperson a permit to enter or reside in a sanctuary for all or any of thefollowing purposes, namely: —

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

(b) photography;

(c) scientific research;

(d) tourism;

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

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

29. (1) Notwithstanding anything contained elsewhere in this Act, noperson shall hunt any wild animal in a sanctuary or remove therefromany wild animal, whether alive or dead, or any trophy, uncured trophy,or meat derived from such animal:

Provided that if the Chief Wild Life Warden is satisfied that it isnecessary that any wild animal in a sanctuary should be hunted orremoved,—

(a) for the better protection of wild life, or

(b) for any other good and sufficient reason,

he may, with the previous approval of the State Government, grant apermit authorising any person to hunt or remove such wild animal underthe direction of an officer authorised by him or cause it to be hunted orremoved,

(2) A permit granted under sub-section (1) shall specify thekind and number of wild animals that may be hunted or removedby the holder of such permit.

(3) The Chief Wild Life Warden may, for good and sufficient rea-son, to be recorded in writing, cancel any permit granted under section28 or under this section:

Provided that no such cancellation shall be made except after givingthe holder of the permit a reasonable opportunity of being heard.

(4) Any person aggrieved by the cancellation of a permit undersub-section (3) may, within fifteen days from the date of such cancel-lation, appeal to the State Government, whose decision shall be final:

Provided that the State Government may admit any appeal prefer-red after the expiry of the period aforesaid if it is satisfied that theappellant had sufficient cause for not preferring the appeal in time.

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

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

Grant Ofpermit.

Huntingin sanc-tuarywithoutpermitprohibited

Causingfireprohibited

Prohibi-tion ofentryInto sanc-tuary viithweapon.

S K . 1] THE GAZETTE Ot INDIA EXTRAORDINARY 777

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

33. The Chief Wild Life Warden shall be the authority who shall con-trol, manage and maintain all sanctuaries and for that purpose, withinthe limits of any sanctuary,—

(a) may construct such roads, bridges, buildings, fences orbarrier gates, and carry out such other works as he may considernecessary for the purposes of such sanctuary;

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

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

(d) may regulate, control or prohibit, in keeping with the inte-rests of wild life, the grazing or movement of cattle;

(e) may regulate, control or prohibit, any fishing.

34. (i) Within three months from the declaration of any area aa asanctuary, every person residing in or within ten kilometres of any suchsanctuary and holding a licence granted under the Arms Act, 1959,for the possession of arms or exempted from the provisions of thatAct and possessing arms, shall apply in such form, on payment of suchfee and within such time as may be prescribed, to the Chief Wild LifeWarden or the authorised officer, for the registration of his name.

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

National Parks

35. (I) 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, neededto be constituted as a National Park for the purpose oi protecting, pro-pagating or developing wild life therein or its environment, It may,by notification, declare its intention to constitute such area as a NationalPark.

(2) The notification referred to in sub-section (1) shall define thelimits 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 19 to 26 (both inclusive) shall, as far as maybe, apply to the investigation and determination of claims, and extin-guishment of rights, in relation to any land in such area as they applyto 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 dec-lared as a National Park, have been disposed of by the State Gov-ernment, and

(b) all rights in respect of lands proposed to be included in theNational Park have become vested in the State Government.

f 4 of 1959,

Ban onuse ofinjurioussubs-tances.Control ofsanctu-aries.

Registra-tion ofcertainpersonsin posses-sion ofarms.

778 THE GAZfcftfi OF iN&IA EfctkAdftBllSIAltV tPxaj fl—

the State Government shall publish a notification specifying the limitsof the area which shall be comprised within the National Park and dec-lare that the said area shall be a National Park on and from such dateas may be specified in the notification.

(5) No alteration of the boundaries of a National Park shall be madeexcept on a resolution passed by the Legislature of the State.

(6) No person shall destroy, exploit or remove any wild life from aNational Park or destroy or damage the habitat of any wild annual ordeprive any wild animal of its habitat within such National Park exceptunder and in accordance with a permit granted by the Chief Wild LifeWarden and no such permit shall be granted unless the State Govern-ment, being satisfied that such destruction, exploitation or removal ofwild life from the National Park is necessary for the improvement andbetter management of wild life therein, authorises the issue of suchpermit.

(7) No grazing of any cattle shall be permitted in a National Parkand no cattle shall be allowed to enter therein except where such cattleis 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 in-clusive), and clauses (a), (b) and (c) of section 33, and section 34 shall,as far as may be, apply in relation to a National Park as they apply inrelation to a sanctuary.

Game Reserve

36. (1) The State Government may, by notification, declare any areato be a game reserve.

(2) No hunting of any wild animal shall be permitted in such re-serve except under and in accordance with a licence issued under thissection by the Chief Wild Life Warden or the authorised officer.

Closed Area

37. (1) The State Government may, by notification, declare any areaclosed 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 areaduring the period specified in the notification referred to in sub-sec-tion (1).

Sanctuaries or National Parks declared by Central Government

38. (1) Where the State Government leases or otherwise transfersany area under its control, not being an area within a sanctuary, to theCentral Government, the Central Government may, if it is satisfied thatthe conditions specified in section 18 are fulfilled in relation to the areaso transferred to it, declare such area, by notification, to be a sanctuaryand the provisions of sections 19 to 35 (both inclusive), 54 and 55 shallapply in relation to such sanctuary as they apply in relation to a sanc-tuary declared by the State Government.

(2) The Central Government may, if it is satisfied that the conditionsspecified in section 35 are fulfilled in relation to any area referred to Insub-section (1), whether or not such area has been declared, to be asanctuary by the Central Government or the State Government, declaresuch area, by notification, to be a National Park and the provisions ofsections 35, 54 and 55 shall apply in relation to such National Park asthey apply in relation to a National Park declared by the State Gov-ernment.

Declara-tion ofgamereserve.

Declara-tion ofclosedarea.

Power ofCentralGov«rn-ment todeclareareas assanctua-ries orNationalParka.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 779

(3) In relation to a sanctuary or National Park declared by the Cen-tral Government, the powers and duties of the Chief Wild Life Wardenunder the sections referred to in sub-sections (1) and (2), shall be exer-cised and discharged by the Director or by such other officer as may beauthorised by the Director in this behalf and references, in the sectionsaforesaid, to the State Government shall be construed as references tothe Central Government and reference therein to the Legislature of theState shall be construed as a reference to Parliament.

CHAPTER V

TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES

39. (1) Every—

(a) wild animal, other than vermin, which is hunted under 1

section 11 or sub-section (I) of section 29 or sub-section (6) of sec-,tion 35 or kept or bred in captivity in contravention of any provision jof this Act or any rule or order made thereunder or found dead,or killed without a licence or by mistake; and

(b) animal article, trophy or uncured trophy or meat derivedfrom any wild animal referred to in clause (a) in respect of whichany offence against this Act or any rule or order made thereunderhas been committed,

shall be the property of the State Government, and, where such animalis hunted in a sanctuary or National Park declared by the Central Gov-ernment, such animal or any animal article, trophy, uncured trophy ormeat derived from such animal, shall be the property of the CentralGovernment.

(2) Any person who obtains, by any means, the possession of Gov-ernment property, shall, within forty-eight hours from obtaining suchpossession, make a report as to the obtaining of such possession to thenearest police station or the authorised officer and shall, if so required,hand over such property to the officer-in-charge of such police stationor such authorised officer, as the case may be.

(3) No person shall, without the previous permission in writing ofthe Chief Wild Life Warden or the authorised officer-

ed 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.

40. (1) Every person having at the commencement of this Act thecontrol, custody or possession of any captive animal specified in ScheduleT or Part II of Schedule II, or any uncured trophy derived from suchanimal or salted or dried skins of such animal or the musk of a muskdeer or the horn of a rhinoceros, shall, within thirty days from the com-mencement of this Act, declare to the Chief Wild Life Warden or theauthorised officer the number and description of the animal, or articleof the foregoing description under his control, custody or possessionand 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 Bale or

Wild ani-mals, etc.,;o beGovern-mentproperty.

Declara-tions.

780 THE GAZETTE OF INDIA EXTRAORDINARY [PART n—

otherwise transfer or transport any animal specified in Schedule I orPart II of Schedule II or any uncured trophy or meat derived from suchanimal, or the salted or dried skins of such animal or the musk of amusk deer or the horn of a rhinoceros, except with the previous permis-sion in writing of the Chief Wild Life Warden or the authorised officer.

(3) Nothing in sub-section (1) or sub-section (2) shall apply to apublic museum or zoo.

(4) The State Government may, by notification, require any personto declare to the Chief Wild Life Warden or the authorised officer anvanimal article or trophy (other than a musk of a musk deer or horn of arhinoceros) or salted or dried skins derived from an animal specified inSchedule I or Part II of Schedule II in his control, custody or possessionin such form, in such manner, and within such time, as may be pres-cribed.

41. (1) On receipt of a declaration made under section 40, the ChiefWild Life Warden or the authorised officer may, after such notice, insuch 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 animalsspecified in Schedule I and Part II of Schedule II and found thereon;and

(c) affix upon the animals, animal articles, trophies or uncuredtrophies identification marks in such manner as may be prescribed.

(?) No person shall obliterate or counterfeit any identification markreferred to in this Chapter.

42. The Chief Wild Life Warden may, for the purposes of section40, issue a certificate of ownership in such form, as may be prescribed, toany person who, in his opinion, is in lawful possession of any wild animalor any animal article, trophy, uncured trophy and may, where possible,mark, in the prescribed manner, such animal article, trophy or uncuredtrophy for purposes of identification.

43. (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 possessa 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 IIof Schedule II or any captive animal belonging to that category orany animal article, trophy, uncured trophy or meat derived there-from;

(b) make animal articles containing part or whole of suchanimal;

(c) put under a process of taxidermy an uncured trophy of suchanimal,

Inquiryand prepa-ration ofinventor-ies.

Certi-ficate ofownership.

Regula-tion oftransfer ofanimal,etc.

SEC. 1] THE GAZETTE OF TNDIA EXTRAORDINARY 781

except with the previous permission in writing of the Chief Wild LifeWarden ui the authorised officer.

(2) Where a person transfers or transports from tb/» State in whichhe resides to another State or acquires by transfer from outside the Stateany such animal, animal article, trophy or uncured trophy as is referredto in sab-section (1) in respect of which he has a certificate of ownership,he shall, within thirty days of the transfer or transport, report the trans-fer or transport to the Chief Wild Life Warden or the authorised officerwithin whose jurisdiction the transfer or transport is effected.

(3) No person who docs not possess a certificate of ownership shalltransfer or transport from one State to another State or acquire by trans-fer from outside the State any such animal, animal article, trophy oruncured trophy as is referred to in sub-section (1) except with the pre-vious permission in writing of the Chief Wild Life Warden or the autho-rised officer within whose jurisdiction the transfer or transport is to beeffected.

(4) Before granting any permission under sub-section (1) or sub-sec-tion (3), the Chief Wild Life Warden or the authorised officer shall satisfyhimself that the animal or article referred to therein has been lawfullyacquired.

(5) While permitting the transfer or transport of any animal, animalarticle, trophy or uncured trophy, as is referred to in sub-section (1), theChief Wild Life Warden or the authorised officer—

(a) shall issue a certificate of ownership after such inquiry as hemay deem fit;

(b) shall, where the certificate of ownership existed in the nameof the previous owner, issue a fresh certificate of ownership in thename of the person to whom the transfer has beun effected;

(c) may affix an identification mark on any such animal, animalarticle, trophy or uncured trophy.

(6) Nothing in this section shall apply—

(a) to animal articles or trophies made out of feathers of pea-cocks;

(b) to any transaction entered into by a public museum or zoowith any other public museum or zoo.

44, (1) Except under, and in accordance with, a licence granted under ]sub-section (4), no person shall— ]

(a) commence or carry on the business as—

(i) a manufacturer of or dealer in, any animal article; or

(u) a taxidermist; or

(ni) a denier in trophy or uncured trophy; or

(iv) a dealer in captive animals; or

ft') a dealer in meat; or

(h) cook or serve meat in any eating-house:

Dealingsin trophyand animalarticleswithoutlicenceprohibited.

782 THB GAZETTE OF INDIA EXTRAORD1NAHY [PAIT II—

Provided that nothing In this sub-section shall prevent a person, who,immediately before the commencement of this Act was carrying on thebusiness or occupation specified in this sub-section, from carrying on suchbusiness or occupation for a period of thirty days from such commence-ment, or where he has made an application within that period for thegrant of a licence to him, until the licence is granted to him or he is in-formed in writing that a licence cannot be granted to him:

Provided further that nothing in this sub-section shall apply to manu-facturers of, and dealers in, articles made of ivory and feathers of pea-cocks.

Explanation.—For the purposes of this section, "eating-house" includesa hotel, restaurant or any other place where any eatable is served onpayment, whether or not such payment is separately made for such eatableor is included in the amount charged for board and lodging.

(2) Every manufacturer of, or dealer in, animal article, or everydealer in captive animals, trophies or uncured trophies, or every taxider-mist shall, within fifteen days from the commencement of this Act,declare to the Chief Wild Life Warden his stocks of animal articles,captive animals, trophies and uncured trophies, as the case may be, as onthe date of such declaration and the Chief Wild Life Warden or theauthorised officer may place an identification mark on every animalarticle, captive animal, trophy or uncured trophy, as the case may be.

(3) Every person referred to in sub-section (1) who Intends to obtaina licence, shall, within fifteen davs from the commencement of this Act,make an application to the Chief Wild Life Warden or the authorisedofficer for the grant of a licence.

(4) (a) Every application rrfirred to in sub-section (3) shall be madein such form and on payment of such fee as may be prescribed, to theChief Wild Life Warden or the authorised officer.

(b) No licence referred to in sub-section (1) shall be granted unlessthe Chief Wild Life Warden, or the authorised officer having regard tosuch matters as mav be prescribed in this behalf nnd after making suchinquiry in respect of those matters as he may think fit. Is satisfied that thelicence should be granted.

(5) Every licence granted under this section shall snecifv the premise^In which and the conditions, if anv, subject to which the licensee shallcarry 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 Iiccnrp shall ht> rejected unlessthe holder of such licence has been given a reasonable nnnorttmitv ofpresenting his case and unless the Chief Wild Life Wardpn or tho autho-rised officer is satisfied that—

(1) the application for such renewal hns bern rr>«de after theexpiry of the period specified therefor, or

({{) any statement made by the applicant at thp time of the prantor renewal of the licence was incorrect or false in material parti-culars, or

«ac. U THE UAZJiTiJI Off IMJlA IXTRAOHDltfAa* tfg

(iii) the applicant has contravened any term or condition of thelicence or any pru vision 01 Una Act or any rule maae tneieunder, or

(W) the applicant does not fulfil the prescribed conditions.

(8) livery order granting or rejecting an application for the grant orrenewal ol a licence snail be made in writing.

(•J) is otiung in the ioregoing sub-sections shall apyly in relation tovermin.

45. Subject to any general or special order of the State Government,the Chiei Wild Laie Warden or the autnorised officer may, for reasons tobe recorded by him in writing, suspend or cancel any licence granted orrent!wea under section 44:

.Provided that no such suspension or cancellation snail be made exceptaner giving the holder of the licence a reasonable opportunity of bemgheard.

46. (I) An appeal from an order refusing to grant or renew a licenceunder section 44 or an order suspending or cancelling a licence undeisection 45 shall lie—

(a) if the order ia made by the authorised officer, to the ChieiWild Life Warden; or

(fa) if the order is made by the Chief Wild Life Warden, to theState Government.

(2) In the case of an order passed in appeal by the Chief Wild LifeWarden under clause (a) of sub-section (1), a second appeal shall lie tothe State Government.

(3) Subject as aforesaid, every order passed In appeal under this sec-tion shall be hnal.

(4) An appeal under this section shall be preferred within thirty daysfrom the date of the communication, to the applicant, of the order ap-pealed against:

Provided that the appellate authority may admit any appeal preferredafter the expiry of the period aforesaid if it is satisfied that the appellanthad Buillcient cause for not preferring the appeal in time.

47. A licensee under this Chapter shall—

(a) keep records, and submit euch returns of his dealings, asmay be prescribed,—

(i) to the Director or any other officer authorised by himin this behalf, and

(ii) to the Chief Wild Life Warden or tha authorised officer;and

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

Suspen-sion orcancella-tion oflicences.

Appeal.

Mainte-nance ofrecords.

?84 tiifi GAzfrrtfe u't IMDIA kxikAOkDiNAkY ^^.i ii—

4«. JNo licensee under this Chapter shall—

(a) keep in his control, custody or possession,—

(i) any animal, animal article, trophy or uncured trophy inrespect o± which a declaration under the provisions of sub-section(2) oi section 44 has to be maue but has noi been maue;

(11) any animal or animal article, trophy, uncured trophyor meat which has not been lawiuliy acquired under the provi-sions of this Act or any rule or order made thereunder;

(b) (i) capture any wild animal, or

(11) acquire, receive, keep m ms coniiol, custody or possession, orsell, ofler tor saie or uanapori,, any captive animal specmedin Schedule 1 or irart 11 ol schedule 11 or any aniinai article,trophy, uncured trophy or meat derived therefrom or servesuch meat, or put under a process oi taxidermy or make ani-mal article containing part or wnole of such animal,

except in accordance with such rules as may ue made u^der this Act:

Provided that where the acquisition or, possession, control or custodyof such animal or animal article, truphy or uncured trophy entails thetransfer or transport from one State to another, no such transfer ortransport shall be effected except with the previous permission in writingof the Director or any other otlicer authorised by him in this behalf:

Provided further that no such permission under the foregoing provisoshall be granted unless the Director or the officer authorised by himis satisfied that the animal or article aforesaid has been lawfully acquired.

49. No person shall purchase, receive or acquire any captive animal,wild animal, other than vermin, or any animal article, trophy, uncuredtrophy or meat derived therefrom otherwise than from a dealer or from aperson authorised to sell or otherwise transfer the same under this Act:

Provided that nothing in this section shall apply to' any transactionentered into by a public museum or zoo with any other public museumor zoo.

CHAPTER VI

PREVENTION AND DETECTION OF OFFENCES

50. (1) Notwithstanding anything contained in any other law for thetime being in force, the Director or any other officer authorised by himin this behalf or the Chief Wild Life Warden or the authorised officer orany forest officer or any police officer not below the rank of a sub-inspector, may, if he has reasonable grounds for believing that anyperson has committed an oirence against this Act,—

(a) require any such person to produce for inspection anycaptive animal, wild animal, animal article, meat, trophy or uncuredtrophy in his control, custody or possession, or any licence, permitor other document granted to him or required to be kept by himunder the provisions of this Act;

(b) stop any vehicle or vessel in order to conduct search orinquiry or enter upon and sosrch nny premises, land, vehicle or vessel,in the occupation of such person, and open and search any baggageor other things in his possession;

Purchaseofanimal,etc., bylicensee.

Pur-chase ofcaptiveanimal,etc,by apersonotherthan alicensee.

Powerof entrysearch,arrestanddeten-tion.

J3EC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 785

(c) seize any captive animal, wild animal, animal article, meat,trophy or uncured trophy in the possession of any person andappearing to him to be Government property, together with anytrap, tool vehicle, vessel or weapon used tor committing any suchoffence, and unless he is satisfied that sucn person vvill appear andanswer any charge which may be preferred against him, arrest himwithout warrant, and detain him.

(2) Any officer of .a rank not inferior to that of an Assistant Directorof Wild Life Preservation or Wild Life Warden, who, or whose sub-ordinate, has seized any trap, tool, vehicle, vessel or weapon underclause (c) of sub-section (1), may release the same, on the execution bythe owner thereof of a bond for the production of the property soreleased, if and when so required, before the Magistrate having jurisdic-tion to try the offence on account of which the seizure has been made.

(3) It shall be lawful for any. of the officers referred to in sub-section(I) to stop and detain any person, whom he sees doing any act for whicha licence or permit is required under the provisions of this Act, for thepurposes of requiring such person to produce the licence or permit aridif 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 andaddress, and otherwise satisfies the officer arresting him that he willduly answer any summons or other proceedings which may be takenagainst him.

(4) Any person detained, or things seized under the foregoing power,shall forthwith be taken before a Magistrate to be dealt with accordingto law.

(5) Any person who, without reasonable cause, fails to produce any-thing, which he is required to produce under this section, shall be guiltyof an offence against this Act.

(6) (a) Where any meat or uncured trophy is seized under the provi-sions of this section, the Assistant Director of Wild Life Preservation orany other officer of a gazetted rank authorised by him in this behalf orthe Chief Wild Life Warden or the authorised officer may arrange forthe sale of the same and deal with the proceeds of such sale in suchmanner as may be prescribed.

(b) Where it is proved that the meat or uncured trophy seized underthe provisions of this section is not Government property, the proceedsof the sale shall be returned to the owner.

(7) Whenever any person is approached by any of the officers referredto in sub-section (1) for assistance in the prevention or detection of anoffence against this Act, or in apprehending persons charged with theviolation 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 sucbassistance.

51. (1) Any person who contravenes any provision of this Act orany rule or order made thereunder or who commits a breach of any ofthe conditions of any licence or permit granted under this Act, shall beguilty of an offence against this Act, and shall, on conviction, be punish-able with imprisonment for a term which may extend to two years, orwith fine which may extend to two thousand rupees, or with both:

Pen.-a-ties.

786 iH£ QAZElTE 0±< 1WDJA EXlkAORDlNAJRl |FA»T 11—

Provided that where the oiience committed is m relation to anyanimal specified in Schedule 1 or Par t 11 oi Scnedule 11 or meat oi any.jucn anunal or animal article, tropny or uncured trophy derived i romsuch animal or wnere tne oiience relates to hunting in a sanctuary or arelational Paik , suca oitence sliaii be pumsnaoie wmi imprisonment iora term which shall not. be less man six months but may extend to sixyears and also with hne which shall not be less than live hundred rupees:

Provided im'ther that in the case ol a second or subsequent oilence ofthe nature mentioned in the ioregoing proviso, the term of imprisonmentshall not be less than one year and ine amount of the fine shall notud itss than one thousand rupees.

(,2) When any person is convicted ol an offence against this Act, tlioCourt trying tne oiience may oraer chat any captive annual, wild annual,. iinnal article, trophy, uncured trophy or meat in respect oi which the

, I'cijict: iias been committed, and any crap, tool, vehicle, vessel or weapon,used in the commission of tne saiu oiience be forfeited to the State Gov-ernment and that any licence or permit, held by such person under theprovisions oi: this Act, be cancelled.

{3) Such cancellation of licence or permit or such forfeiture shall bein addition to any other punishment that may be awarded for suchoiience.

{4) Where any person is convicted of an offence against this Act, theJour t may direct that the licence, if any, granted to such person under•.lie Army Act, 1959, for possession of any arm with which an oiienceagainst this Act has been committed, shall be cancelled and that suchperson shall not be eligible for a licence under the Arms Act, 1959, fora period of live years from the date of conviction.

52. Whoever attempts to contravene, or abets the contravention 6f, anyof the provisions of this Act or of any rule or order made thereundershall be deemed to have contravened that provision or rule or order, asthe case may be.

53. If any person, exercising powers under this Act, vexatiously andunnecessarily seizes the property of any other person on the pretence ofseizing it for the reasons mentioned in section 50, he shall, on conviction,be punishable with imprisonment lor a term which may extend to sixmonths, or with fine which may extend to five hundred rupees, or withboth.

54. (1) The State Government may, by notification, empower the ChiefWild Life Warden or any officer of a rank not inferior to that of a DeputyConservator of Forests,—

(a) to accept, from any person against whom a reasonable sus-picion exists that he has committed an offence against this Act, pay-ment of a sum of money by way of composition of the offence whichsuch person is suspected to have committed; and

(b) when any property has been seized as liable to be forfeited,to release the same on payment of the value thereof as estimated bysuch officer.

Attemptsandabetment

Puniib.ment forwrong-ful sei-zure.

Powerto (loni-poundoffen-ces.

54 of 1959.

Srcc. 1] THR GAZETTE OF INDIA EXTRAORDINARY 787

' (2) On payment of such sum of money or such value, or both, as thecase may be, to such officer, the suspected person, if in custody, shall bedischarged, and the property, other than Government property, If any,seized, shall be released and no further proceedings in respect of theoffence shall be taken against such porson.

(3) The officer compounding any offence may order the cancellation ofany licence or permit granted under this Act to the offender, or if notempowe-ed to do so, may approach an officer so empowered, for thecancellation of such licence or permit.

(4) The sum of money accepted nr agreed to be accepted as composi-tion under clause (b) of sub-section (1) shall, in no casp, exceed the sumof two thousand rupees:

Provided that no offence, for which r. minimum period of imprisonmenthas been prescribed in sub-section (2) of section 51, shall be compounded.

55. No court shall take cognizance of any offence against this Act ex-cept on the complaint of the Chief Wild Life Warden or such other officeras the State Government may authorise in this behalf.

56. Nothing in this Act shall be deemed to prevent any person frombeing prosecuted under any other law for the time being in force, forany act or omission which constitutes an offence against this Act orfrom beinp liable under such other law to any high or punishment orpenalty than that provided by this Act:

Provided that no person shall be punished twice for the same offence.

57. Where, in any prosecution for an offence against this Act, it isestablished that a person is in possession, custodv or control of anycaptive animal, animal article, meat, trophy or uncu'-pd tmphv, it shallbe presumed, \intil the contrary is proved, the burden of proving whichshall He on the accused, that such person is in unlawful possession, cus-tody or control of such captive animal, animal article, meat, trophy oruncured trophy.

58. (7) Where an offence against this Act has beer committed bv acompany, every person who at the time the offence was committed, was;n charge of, and was responsible to, the i-omprmy fov the conduct of thebusiness of the eomnanv as well as the company. sTnil he deemed to bepuiltv of the offence and shall he liable to be ^weeded against and pun-ished accordingly:

Provided that nothing contained in this sub-«p-tiin shall render ,anvsuch person liable to any punishment, if he proves that the offence wascommitted without his knowledge or that he evercised all due diligencetn prevent tho commission of such offence.

(2) Notwithstanding1 anvthinrr ^ontnined in cnh-cPet1on (1), where anoffence against this Act has been corpmit+ed bv n enrmmnv and it is prov-ed that the oflVnpp has been Tirnmitted with tV>*» corner, t. or connivancenf or Is attributable to anv ^ptrlect on thp part of. nnv director, manager,spr-retarv or other officer nf tho fn-^pnn^. •ni 'h director, man^fpr secre-tary or othpr officer shall also be ^e^med to be guilty of that offence andshall be liable tq be proceeded against and punished accordingly,

Cogni-zanceof off-ences.

Opera-tion ofotherlawsnotbarred.

Presump.tJon to bemade incertaincases.

Offen-ces by-companies.

788 THE GAZETTE OF INDIA EXTRAORDINARY [PART H—

Explanation.—For the purposes of this section,—

[a) "company" means any body corporate and includes a firm or

ol'ier ^.jsociation of individuals; and

(b) "director", in relation to a iirm, means a partner in the firm.

CHAPTER VII

MISCELLANEOUS

59. Every officer referred to in Chapter II and every other officerexorcising any of the powers conferred by this Act shall be deemed to bea public servant within the meaning of section 21 of the Indian PenalCode.

60. (1) No suit, prosecution or other legal proceeding shall He againstany officer or other employee of the Central Government or the StateGovernment for anything which is in good faith done or intended to bedone under this Act.

(2) No suit or other Irgal proceeding shall lie against the Central Gov-ernment or the State Government or any of its officers or other em-ployees for any damage cau?ed or likely to be caused by anything whichis in good faith done or intended to bo done under this Act.

Gt. (1) The1 Central Government may, if it is of opinion that it isexpedient so to do, by notification, add any entry to any Schedule ortransfer any entry from cne Part of a Schedule to another Part of thesnme Schedule or from one Schedule to another.

(2) The State Government may, if it is of opinion that it is expe-dient so to (lr>\ by notification, transfer any entry from Schedule II, Sche-dule ITI, Schedule IV or Schedule V to Schedule I and may also transferany entry from Part I of Schedule II, or Schedule III, Schedule IV orSchedule V, to any other Schedule.

(3) On the issue of a notification tinder sub-section (1) or sub-section(2), the relevant Schedule shall be deemed to be altered accordingly,provide1 thnt every such alteration shall he without prejudice to any-thing dnuv. or omitted to bo done before such alteration.

(4) If any alteration of any Schedule made by the State Governmentunder sub-section (2) is repugnant to any alteration made therein by1he Cen1 al Government under sub-section (1), then, the alteration madebv the C-iUral Government, whether made before or after the notifica-tion madf1 bv the State Government, shall prevail and the alterationmade by the State Government shall, to the extent of the repugnancy,be void:

*

Provided that any such alteration made by the State Government, ifit has been "iade with the previous consent of the Central Government,. Vipll prevail in that State:

Provif1- 1 further that nothing in the foregoing proviso shall preventthe Central Government from modifying or cancelling, at any time, thealteration made by the State Government.

Officersto bepublicser-vants.

Protec-tion ofactiontaken ingood

faith

Power toalterentries inSchedules.

45 oi 1860

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 789

62. Subject to the provisions of section 61, tho State Government may,by notification, declare any wild animal other than those specified in Sche-dule I and Part II of Schedule II to be vermin for any area and for suchperiod as may be specified therein and so long as such notification is inforce, such wild animal shall be deemed to have been included in ScheduleV.

03. (1) The Central Government may, by notification, make rules forall or any of the following, namely:—

(a) the form in which declaration shall be made under sub-section (2) of section 44;

(b) the terms and conditions which shall govern transactionsreferred to in clause (b) of section 48;

(c) matters specified in sub -section (2) of' section 64 in so far asthey relate to sanctuaries and National Parks declared by the CentralGovernment.

(2) Every rule made under this section shall be laid, as soon as maybe after it is made, before r ach House of Parliament, while it is in session,for a total period of thirty days which may be comprised in one sessionor in two or more successive sessions, and if before the expiry of thosession immediately following the session or the successive sessions afore-said, both Houses agree in making any modification ir. the rule or bothHouses agree that the rule should not be made, the rule shall there-after have effect onlv In such modified form or be of no effect, asthe case may be; so, however, that any such modification or annulmentshall be without prejudice to tho validity of anything previously doneunder that rule.

64. (1) The State Government may, by notification, make rules forcarrying out the provisions of this Act in respect of matters wh'ch do notfall within the purview of section 63.

(2) In particular and without prejudice to the generality of the fore-going power, such rules may provide for all or any of the followingmatters, namely: —

(a) the term of office of the members of the Board referred to inclause C<7) of sub-section (I) of section 6 and the manner of fillingvacancies 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 thefees, if any, therefor;

(d) the conditions subject to which any licence or permit maybe granted under this Act;

(e) the particulars of the record of wild animal? (captured orkilled) to be kept and submitted by the licensee;

(f) regulation of the possession, transfer and the silo of captiveanimals, meat, animal articles, trophies and uncured trophies;

(.9) regulation of taxidermy;

Declara-tion ofcertainwild, ani-malsto bevermin.

Powerof Cent-ral Gov-ernmentto makerules.

Power ofStateGovern-mentto makerules.

79° THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(h) any other matter which has to be, or may be, prescribedunder this Act,

65. Nothing in this Act shall affect the hunting rights conferred onthe Scheduled Tribes of the Nicobar Islands in the Union territory ofAndaman and Nicobar Islands by notification of the Andaman andNicobar Administration, No. 40/67/F, No. G635 Vol. Ill, dated the 28th

. April, 1967, published at pages 1 to 5 of the Extraordinary issue of theAndaman and Nicobar Gazette, dated the 28th April, 1967.

66. (1) As from the commencement of this Act, every other Act relat-ing to any matter contained in this Act and in force in a State shall, tothe extent to which that Act or any provision contained therein corres-ponds, or is repugnant, to this Act or any provision contained in thisAct, stand repealed:

Provided that such repeal shall not,—

(i) affect the previous operation of the Act so repealed, or any-thing duly done or suffered thereunder;

(ii) affect any right, privilege, obligation or liability acquired,accrued or incurred under the Act so repealed;

(Hi) affect any penalty, forfeiture or punishment incurred inrespect of any offence committed against the Act so repealed; or

(iv) affect any investigation, legal proceeding or remedy in res-pect of any such right, privilege, obligation, liability, penalty, for-feiture, or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted,continued or enforced, and any such penalty, forfeiture and punishmentmay 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 re-pealed (including any notification, order, certificate, notice or receiptissued, application made, or permit granted) which Is not inconsis-tent with the provisions of this Act, be deemed to have been doneor taken under the corresponding provisions of this Act as if this Actwere 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 any-thing done or any action taken under this Act;

(b) every licence granted under any Act so repealed and in forceimmediately before the commencement of this Act shall be deemed tohave been granted under the corresponding provisions of this Actand shall, subject to the provisions of this Act, continue to be inforce for the unexpired portion of the period for which such licencehad been granted.

(3) For the removal of doubts, it is hereby declared that any sanc-tuary or National Park declared by a State Government under any Actrepealed under sub-section (1) shall be deemed to be a sanctuary orNational Park, as the case may be, declared by the State Governmentunder this Act and where any right in or over any land in any such Na-tional Park which had not been extinguished under the said Act, at orbefore the commencement of this Act, the extinguishment of such rightsshall be made in accordance with the provisions of this Act.

Rightsof Sche-duledTribesto beprotected.

Repealindsavings.

SIC. 1] THB uAZKTTE OP INDIA EXTRAORDINARY 791

SCHEDULE I

(See sections 2, 8, 9, 11, 40, 41, 43, 48, 51, 61 and 62)

PART I : MAMMALS

1.2.

3.

4.

5.

6.7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

2a.29.

30.

31.

32.

33.

34.

35.

Binturong (Arctictis binturong).Black buck (Antelope cervicapra).Brow-antlered deer or Thamin (Cervus eldi).Caracal (Felis caracal).Cheetah (Acinonyx jubatus).Clouded leopard (Neofelis nebulosa).Dugong (Dugong dugon).Fishing cat (Felis viverrina).Golden cat (Felis temmincki).Golden langur (Presbytis geei).Hispid hare (Caprolagus hispidus).Hoolock (Hylobates hoolock).Indian lion (Panthera leo persica).Indian Wild Ass (Equus hemionus khur).Indian Wolf (Canis lupus).Kashmir Stag (Cervus elaphus hanglu).Leopard cat (Felis bengalensis).Lesser or Red panda (Ailurus fulgens).Lion-tailed macaque (Macaca silenus).Loris (Loris tardigradus).Lynx (Felis lynx isabellinus).Malabar Civet (Viverra megaspila).Marbled cat (Felis marmorata).Markhor (Capra falconeri).Musk deer (Moschus moschtferus).Ovis Ammon or Nyan (Ovis ammon hodgsoni).Pallas's cat (Felis manul).Pangolin (Manis crassicaudata).Pygmy hog (Sus salvanius).Rhinoceros (Rhinoceros unicornis).Rusty spotted cat (Felis rubiginosa).Slow Loris (Nycticebus coucang).Snow leopard (Panthera wncia).Spotted linsang (Prionodon pardicolor).Swamp deer (all sub-species of Cervus duvauceli).

792 Ttik GAZK-iTE 6f DSftHA KKTftAOtttrtftAkY [t>Attt t t -

36.37.

33.

39.

40.

41.

1.

2.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13,

14.

15.

16.

I 1 } .

18.

Takin or Mishmi Takin (Budorcas taxicolor).Tibetan Gazelle (Procapra picticaudata).Tibetan "Wild Ass (Equus hemtimus kiang).Tiger (Panthera tigris).Urial or Shapu (Ovis vignei).Wild buffalo (Bubalm bubalis).

PART II : AMPHIBIANS AND REPTILES

Crocodiles (including the Estuarne or salt water crocodile) (Cro-codiltis porosus and Crocodilus palustris).Gharial (Guvialis gangeticus).

PART III : BIRDS

Bazas (Aviceda jeordoni and Aviceda leuphotes).Cheer Pheasant (Catreus wallichii).Great Indian Bustard (Choriotis nigriceps).Great Indian Hornbill (Buceros bicornis).Jerdon's Courser (Cursorius bitorquatus).Lammergeier (Gypaetus barbatus).Large Falcons (Falco peregrinns, Falco biarmicus and Falco chic-quera).Mountain Quail (Ophrysia superciliosa).Narcondom Hornbill [Rhyticeros (undulatus) narcondami].Nicobar Megapode (Megapodius freycinet).Peafowl (Pavo cristatus).Pinkheaded duck (Rhodonessa caryophyllacea).Sclater's Monal (Lophophorus sclateri).Siberian White crane (Grus leucogeranus).Tragopan Pheasants (Tmgopan melanocephalus, Tragopan blythii,Tragopan satyra, Tragopan temmincki).Whitebellied Sea Eagle (Haliaetus leucogaster).White-eared Pheasant (Crossoptilon crossoptilori).White-winged Wood Duck (Cairina Scutulata).

SK. 1] THE GAZETTE Ot INDIA EXThA6ftDlNARY ^93

SCHEDULE II

(See sections 2, 8, 9, 10, 11, 40, 41, 43, 48, 51, 61 and 62)

SPECIAL GAME

PART I

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

1.:

2 . :

3.:

Agra Monitor Lizard [Varanus griseus (Daudin)].Bengal Porcupine (Atherurus macroutus assamensis).

Bison or Gaur (Bos gaurus).

Capped Langur (Presbytis pileatus).

Crab-eating Macaque (Macaca irus umbrosa).

Dolphins (Dolphinus delphis, Platanista gangetica).

Ferret Badgers (Melogale moschata and Melogale personata).Flying squirrels (All species of the genus Hylopetes, Petaurista,Belomys and Eupetaurus).

Giant squirrels (Ratuja macroura, Rafuta indica and Ratufubicolor).

Himalayan Brown bear (Ursus arctos).

Himalayan crestless Porcupine (Hystnx hodgsoni).

Hog badger (Arctonyx collaris).

Indian elephant (Elephas maximus).

Leaf Monkey (Presbytis phayrei).

Malay or Sun bear (Helarctos malayanus).

Pig-tailed Macaque (Macaca nemestrina).

Pythons (Genius Python).

Serow (Capricornis sumatraensis).

Stump-tailed Macaque (Macaca speciosa).

Tibetan Antelope or Chiru (Panthelops hodgsoni).

Water Lizard (Varanus salvator).

Wild Dog or Dhole (Cuon dlpinus).

Wild yak (Bos grunniens).

PART II

Leopard or Panther (Panthera pardus).

ISTilgirl langur (Presbytis johni).

Nilgiri Thar (Hemitragus hylocnus).

?§4 Tttfc CiAZfcTTfe Ofe1 i t jblA fcXTftAOkDlfoARV [t*A«T Tl—

SCHEDULE III

(See sections 2, 8, 9, 10, 11 and 61)

BIG GAME

1.2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.18,

19.

Andaman Wild Pig (Stis andamanensis).Barking deer or Muntjac (Muntiacus muntjak).Bharal (Ovis nahura).Chinkara or Indian Gazelle (Gazella gazella bennetti)

Chital (Axis axis).Four-horned antelope (Tetraceros quadricornls).Gorals (NemarhaediLs goral, Nemorhaedus hodgsoni)Himalayan black bear (Selenarctos thibetanus).Himalayan Ibex (Capra ibex).Himalayan thar (Hemitragus jemlahicus).Hog deer (Aocis porcinus).Hyaena (Hyaena hyaena).Mouse deer (TraguliLs memlnna).Nilgai (Boselaphus tragocamelus).Ratel (MelUvora capensis).Sambar (Cervus unicolor).Sloth bear (Melursus wrsinus).Tibetan wolf (Cams Inpus).Wild pig (Sus scrofa).

aec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 795

SCHEDULE IV

(See sections 2, 8, 9, 11 and 61)

SMALL GAME

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

Desert cat (Felis libyca).Desert fox (Vulpes bucopus).

Ermine (Mustela erminea).

Hares (Black naped, Common Indian, Desert, Himalayan Mouse-hare)Marmots (Marmota bobak himalayana, Marmota Caudata),Martens (Maries foina intermedia, Martes flavigula, Martes gwat-kinsii).

Otters (Lutra lutra, Lutra perspicillata, Aonyx cinerea).Red fox (Vulpes vulpes).Tibetan fox (Vulpes ferrilatus).Weasels (Mustela sibirica, Mustela kathiah and Mustela altaica).Birds (other than those tub-species and species mentioned In PartIII of Schedule I or in Schedule V, and belonging to the familieslisted below: —

(0(ii)

(m)(iv)(V)

(m)

(vii)(viii)(ix)(x)

(xi)(xii)

(xiii)(xiv)(XV)

(xvi)(xvii)(xviii)(xtic)(xx)(xxi)(xxii)

(xxiii)(xxiv)

Barbets (Capitonidae).Barn Owls (Tytoninae).Blue-birds (Irenidae).Bustards (Otididae).Bustard-Quail (Turnicidae).Chaffinches (Fringillinae).Cranes (Gruidae).Ducks (Anatidae).Emerald Dove (Columbidae).Falcons (Falconidae).Finches (Fringillidae).Flamingoes (Phoenicopteridae).Flycatchers (Muscicapidae).Geese (Anatidae).Goldfinches and allies (Carduelinae).Grouse (Pteroclididae),Hawks (Accipitridae).Hornbills (Bucerotidae).Ioras (Irenidae),Jungle and Spur fowl (Phasianidae),Megapodes (Megapodiidae).Minivets (Campephagidae).Orioles (Oriolidae).Owls (Strigidae).

796 THE GAZETTE OF INDIA KXTRAORDINARY [PART D-

{xxv)(xxvi)(xxvii)(xxviii)(xxix)(xxx)(xxxi)(xxxii)

(xxxiii)(xxxiv){xxxv)(xxxvi)

Oystercatchers (Haematopodidae).Partridges (Phasianidae).Pelicans (Pelecanidae).Pheasants (Phasianidae).Pigeons (except Blue Rock pigeon) (Columbidae)Pittas (Pittidae).Quail {Phasianidae),Snipe (Charadriidae).Sunbirds (Nectariniidae).Swans (Anatidae).Thrushes (Muscicapidae).Trogons (Trogonidae).

Sue 1] THE GAZETTE OF INDIA EXTRAORDINARY 797

SCHEDULE V

(See sections 2, 8, 61 and 62)

VEBMIN

-

2.

3.

4.

5.

6.

7.

Common crow.Common fox.

Fruit bats.

Jackal.

Mice.

Eats.

V«les.

K. K. SUNDARAM,Joint Secy, to the Govt. of India.

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