Every officer referred to 1 [in Chapter II and the chairperson, members, member-secretary and other officers and employees referred to in Chapter IVA], 2 [Chapter IVB] and every other officer exercising any of the powers conferred by this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(1. Subs. by Act 44 of 1991, s. 41, for “in Chapter II and” (w.e.f. 2-10-1991).
(2. Ins. by Act 39 of 2006, s. 5 (w.e.f. 4-9-2006).
(1) No-suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
3 [(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IVA 4 [Chapter IVB] and its chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.]
(3. Ins. by Act 44 of 1991, s. 42 (w.e.f. 2-10-1991).
(4. Ins. by Act 39 of 2006, s. 6 (w.e.f. 4-9-2006).
(1) When a court imposes a sentence of fine or a sentence of which fine forms a part, the Court may, when passing judgment, order that the reward be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the proceeds of fine not exceeding 6 [fifty per cent. of such fine].
(2) Where a case is compounded under Sec. 54, the officer compounding may order reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offenders out of the sum of money accepted by way of composition not exceeding 6 [fifty per cent. of such money].]
(5. Ins. by Act 44 of 1991, s. 43 (w.e.f. 2-10-1991).
(6. Subs. by Act 16 of 2003, s. 35, for “twenty per cent. of such fine” (w.e.f. 1-4-2003).
The State Government may empower the Chief Wild Life Warden to order payment of reward not exceeding ten thousand rupees to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed.]
(1. Ins. by Act 16 of 2003, s. 36, (w.e.f. 1-4-2003).
(1) The Central Government may, if it is of opinion that it is expedient so to do, by notification, 2 [ 3 [amend any Schedule or add] or delete any entry to or from any Schedule] or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another.
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(3) On the issue of a notification under sub-section (1) 5***, the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration.
6* * * * *
Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government, shall prevail in that State:
Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government.
(2. Subs. by Act 44 of 1991, s. 44, for “add any entry to any Schedule” (w.e.f. 2-10-1991).
(3. Subs. by Act 18 of 2022, s. 37, for “add” (w.e.f. 1-4-2023).
(4. Sub-section (2) omitted by Act 44 of 1991, s. 44, (w.e.f. 2-10-1991).
(5. The words brackets and figure “or sub-section (2)” omitted by Act 44 of 1991, s. 44 (w.e.f. 2-10-1991).
(6. Sub-section (4) omitted by s. 44, ibid. (w.e.f. 2-10-1991).
7 [The Central Government] may, by notification, declare any wild animal 8 [specified in Schedule II] to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be 9 [deemed not to be included in Schedule II for such area and for such period as specified in the notification].
(7. Subs. by Act 44 of 1991, s. 45, for certain words (w.e.f. 2-10-1991).
(8. Subs. by Act 18 of 2022, s. 38, for “other than those specified in Schedule I and Part II of Schedule II” (w.e.f. 1-4-2023).
(9. Subs. by s. 38, ibid., for “deemed to have been included in Schedule V” (w.e.f. 1-4-2023).
(1) The Central Government may, by notification, regulate or prohibit the import, trade, possession or proliferation of invasive alien species which pose a threat to the wild life or habitat in India.
(2) The Central Government may authorise the Director or any other officer to seize and dispose of, including through destruction, the species referred to in the notification issued under sub-section (1).
(10. Ins. by s. 39, ibid (w.e.f. 1-4-2023).
Notwithstanding any other provision of this Act, the Central Government may call for any information or report from a State Government or any such other agency or body or issue any direction to a State Government or any such other agency or body for effective implementation of the provisions of the Act for the protection, conservation and management of wild life in the country.]
11[(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 section17F;
(11. Subs. by Act 44 of 1991, s. 46, for sub-section (1) (w.e.f. 2-10-1991)
1 [(ai) the term of office of members other than those who are members ex officio; the manner of filling vacancies, the procedure to be followed by the National Board under sub-section (2) and allowances of those members under sub-section (3) of section 5A;]
2 [(aa) the matters to be prescribed under clause (b) of sub-section (4) of section 44;]
(b) the salaries, 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 report of the Central Zoo Authority shall be prepared under section 38F;
(f) the form in which and the fee 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;
3 [(gi) qualifications and experience of experts or professionals under clause (d) of sub-section (2) of section 38-1;
(gii) the salaries and allowances and other conditions of appointment of the members under sub-section (4) of section 38M;
(giii) the terms and conditions of service of the officers and other employees of the Tiger Conservation Authority under sub-section (2) of section 38N;
(giv) the form in which the annual statement of accounts of Tiger Conservation Authority shall be prepared under sub-section (1) of section 38R;
(gv) the form in which and the time at which the annual report of Tiger Conservation Authority shall be prepared under section 38S;
(gvi) other powers of the Wild Life Crime Control Bureau under clause (ii) of sub-section (2) of section 38Z.]
4 [(gvii) the manner of disposal of Government property under sub-section (5) of section 39;
(gviii) the terms and conditions of a transfer or transport of a captive elephant by a person having a valid certificate of ownership for a religious or any other purpose under the proviso to sub-section (2) of section 43;]
(h) the form in which declaration shall be made under sub-section (2) of section 44;
(i) the matters to be prescribed under Cl. (b) of sub-section (4) of section 44;
(j) the terms and conditions which shall govern transaction referred to in clause (b) of section 48;
5 [(ji) the terms and conditions of service including salaries and allowances for appointment of the officers and employees of the Management Authority under sub-section (4) of section 49E;
(jii) the conditions and procedures subject to which any exemption provided for in Article VII of the Convention may be availed under sub-section (2) of section 49H;
(jiii) the reporting of details of scheduled specimens and the transaction as per sub-section (3) of section 49H;
(jiv) the form and manner of application, the fee payable, the conditions and the procedure to be followed under sub-section (5) of section 49H;
(jv) the matters provided for in sub-sections (8) and (9) of section 49M;
(jvi) the form and manner of the application, the fee payable, the form of licence and the procedure to be followed in granting or cancelling a licence as per sub-section (2) of section 49N;
(jvii) the fee payable for renewal of licence as per sub-section (3), and manner of making appeal under sub-section (4), of section 49-O;
(jviii) any other matter for proper implementation of the Convention as may be required under Chapter VB;]
(k) the manner in which notice may be given by a person under clause (c) of section 55;
(1) the matters specified in sub-section (2) of section 64 in so far as they relate to sanctuaries and National Parks declared by the Central Government.]
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1. Ins. by Act 16 of 2003, s. 37 (w.e.f. 1-4-2003).
(2. Ins. by Act 23 of 1982, s. 4 (w.e.f. 21-5-1982).
(3. Ins. by Act 39 of 2006, s. 7 (w.e.f. 4-9-2006).
(4. Ins. by Act 18 of 2022, s. 40 (w.e.f. 1-4-2023).
(5. Ins. by s. 40, ibid (w.e.f. 1-4-2023)
(1) The State Government may, by notification, make rules for carrying out the provisions of this Act in respect of matters which do not fall within the purview of section 63.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
1 [(a) the term of office of members other than those who are members, ex officio, the manner of filling vacancies and the procedure to be followed by the Board under sub-section (2) of section 6;
(b) allowances referred to in sub-section (3) 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;
2 [(dd) the conditions subject to which the officers will be authorised to file cases in the court;]
(e)the particulars of the record of wild animals (captured or killed) to be kept and submitted by the licensee;
3 [(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;
4 [(ga) the manner and conditions subject to which the Administrator shall receive and manage the property under sub-section (2) of section 58G;
(gb) the terms and conditions of service of the Chairman and other members under sub-section (3) of section 58N;
(gc) the fund from which and the manner in which payment of reward under section 60B shall be made;]
(h) any other matter which has to be, or may be, prescribed under this Act.
(1. Subs. by Act 16 of 2003, s. 38, for clauses (a) and (b) (w.e.f. 1-4-2003).
(2. Ins. by s. 38, ibid. (w.e.f. 1-4-2003).
(3. Ins. by Act 44 of 1991, s. 47 (w.e.f. 2-10-1991).
(4. Ins. by Act 16 of 2003, s. 38 (w.e.f. 1-4-2003).
Nothing in this Act shall affect the hunting rights conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands by notification of the Andaman and Nicobar Administration, No. 40,/67/F, No. G635, Vol. III, dated the 28th April, 1967, published at pages 1 to 5 of the Extraordinary issue of the Andaman and Nicobar Gazette, dated the 28th April, 1967.
(1) As from the commencement of this Act, every other Act relating to any matter contained in this Act and in force in a State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed:
Provided that such repeal shall not,—
(i) affect the previous operation of the Act so repealed, or anything duly done or suffered thereunder;
(ii) affect any right, privilege, obligation or liability, acquired, accrued or incurred under the Act so repealed;
(iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
(iv) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and. Punishment may be imposed, as if the aforesaid Act had not been repealed.
(2) Notwithstanding such repeal,—
(a) anything done or any action taken under the Act so repealed, (including any notification, order, certificate, notice or receipt issued, application made, or permit granted) which is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act as, if this Act were in force at the time such thing was done or action was taken, and shall continue to be in force, unless and until superseded by anything done or any action taken under this Act;
(b) every licence granted under any Act so repealed and in force immediately before the commencement of this Act shall be deemed to have been granted under the corresponding provisions of this Act and shall, subject to the provisions of this Act, continue to be in force for the unexpired portion. of the period for which such licence had been granted.
(3) For the removal of doubts, it is hereby declared that any sanctuary or National Park declared by a State Government under any Act repealed under sub-section (1) shall be deemed to be a sanctuary or National Park, as, the case may be, declared by the State Government under this Act and where any right in or over any land in any such National Park which had not been extinguished under the said Act, at or before the commencement of this Act, the extinguishment of such rights shall be made in accordance with the provisions of this Act.
1[(4) For the removal of doubts, it is hereby further declared that where any proceeding under any provision of section 19 to 25 (both inclusive) is pending on the date of commencement of the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), any reserve forest or a part of territorial waters comprised within a sanctuary declared under section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section. 26A.]
(1. Ins. by Act 44 of 1991, s. 48 (w.e.f. 2-10-1991)
