Wild Life (Protection) Act, 1972 | One Liner Notes

Wild Life (Protection) Act, 1972 | One Liner Notes

Free Online Judiciary Coaching Classes Free Online Judiciary Coaching Classes

Download PDF

THE WILD LIFE (PROTECTION) ACT, 1972

 

What is the Wildlife Protection Act, 1972?

The Wildlife Protection Act, 1972 is an Indian law enacted to provide for the protection of wild animals, birds, and plants, and to address related matters to ensure the ecological and environmental security of the country.

When was the Wildlife Protection Act, 1972 enacted?

The Act was enacted on 9th September, 1972.

What is the Act No?

Act no. 53 of 1972

What does the phrase "ancillary or incidental thereto" signify in the context of the Act?

It signifies that the Act also includes related matters that support or are connected to the protection of wildlife, beyond direct protection measures.

 

CHAPTER-I

PRELIMINARY

What does Section 1 of the Wildlife Protection Act, 1972 deal with?

Section 1 deals with the short title, territorial extent, and the commencement of the Wildlife Protection Act, 1972.

What is the short title of the Act?

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

To which areas does the Act extend?

The Act extends to the whole of India

Can different provisions of the Act come into force at different times?

Yes, different provisions may be brought into force on different dates as notified by the Central Government.

Who decides the date of commencement of the Act in a State or Union territory?

The Central Government decides the commencement date by issuing a notification.

Is it possible for the Act to come into force in different States or Union territories on different dates?

Yes, the Central Government may appoint different dates for different States, Union territories, or provisions of the Act.

What does Section 2 in the Wildlife (Protection) Act, 1972 deals with?

Section 2 provides for the definition.

How is “animal” defined under section 2(1)?

“Animal” includes amphibians, birds, mammals, reptiles, and their young, and also includes, in the cases of birds and reptiles, their eggs.

What is meant by “animal article” under section 2(2)?

“Animal article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal has been used, and ivory imported into India and an article made therefrom.

Clause 3 omitted

 

What does “Board” refer to under section 2(4)?

“Board” means a State Board for Wild Life constituted under sub-section (1) of section 6.

How is “captive animal” defined under section 2(5)?

“Captive animal” means any animal specified in Schedule I, II, III, or IV, which is captured, kept, or bred in captivity.

Clause 6 Omitted

 

Who is the “Chief Wild Life Warden” under section 2(7)?

The “Chief Wild Life Warden” means the person appointed under clause (a) of sub-section (1) of section 4.

What is meant by “circus” under section 2(7A)?

“Circus” means an establishment, whether stationary or mobile, where animals are kept or used wholly or mainly for performing tricks or manoeuvres.

Clause 8 omitted

 

Who is the “Collector” under section 2(9)?

“Collector” means the chief officer in charge of the revenue administration of a district or any other officer not below the rank of Deputy Collector as may be appointed by the State Government under section 18B in this behalf.

What does “commencement of this Act” mean under section 2(10)?

In relation to a State, it means the commencement of this Act in that State; in relation to any provision of this Act, it means the commencement of that provision in the concerned State.

What does “dealer” mean under section 2(11)?

“Dealer” in relation to any captive animal, animal article, trophy, uncured trophy, meat, or specified plant means a person who carries on the business of buying or selling any such animal or article, including a person who undertakes business in any single transaction.

Who is the “Director” under section 2(12)?

“Director” means the person appointed as Director of Wild Life Preservation under clause (a) of sub-section (1) of section 3.

What is meant by “Forest officer” under section 2(12A)?

“Forest officer” means the officer appointed under clause (2) of section 2 of the Indian Forest Act, 1927, or under any other Act in force in a State.

How is “forest produce” defined under section 2(12B)?

“Forest produce” shall have the same meaning as in sub-clause (b) of clause (4) of section 2 of the Indian Forest Act, 1927.

Clause 13 omitted

 

What does “Government property” mean under section 2(14)?

“Government property” means any property referred to in section 394 or section 17H.

What is meant by “habitat” under section 2(15)?

“Habitat” includes land, water, or vegetation which is the natural home of any wild animal.

How is “hunting” defined under section 2(16)?

“Hunting,” with its grammatical variations and cognate expressions, includes killing or poisoning of any wild or captive animal and every attempt to do so; capturing, coursing, snaring, trapping, driving, or baiting any wild or captive animal and every attempt to do so; injuring, destroying, or taking any part of the body of any such animal, or damaging or disturbing the eggs or nests of wild birds or reptiles.

What is included in the term “land” under section 2(17)?

“Land” includes canals, creeks, other water channels, reservoirs, rivers, streams, lakes (whether artificial or natural), marshes, wetlands, and also includes boulders and rocks.

What does “licence” mean under section 2(18)?

“Licence” means a licence granted under this Act.

How is “livestock” defined under section 2(18A)?

“Livestock” means farm animals including buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry, and their young, but does not include any animal specified in Schedules I to V.

Who is a “manufacturer” under section 2(19)?

“Manufacturer” means a person who manufactures articles from any animal or plant specified in Schedules I to V and VI, as applicable.

What does “meat” include under section 2(20)?

“Meat” includes blood, bones, sinew, eggs, shell or carapace, fat, and flesh with or without skin, whether raw or cooked, of any wild or captive animal other than vermin.

What is the “National Board” under section 2(20A)?

“National Board” means the National Board for Wild Life constituted under section 5A.

What is meant by “National Park” under section 2(21)?

“National Park” means an area declared under section 35 or section 38, or deemed to be declared under sub-section (3) of section 66, as a National Park.

What is a “notification” under section 2(22)?

“Notification” means a notification published in the Official Gazette.

What does “permit” mean under section 2(23)?

“Permit” means a permit granted under this Act or any rule made thereunder.

What does “person” mean under section 2(24)?

“Person” includes a firm.

What is meant by “protected area” under section 2(24A)?

“Protected area” means a National Park, a sanctuary, a conservation reserve, or a community reserve notified under sections 18, 35, 36A, and 36C of the Act.

What does “prescribed” refer to under section 2(25)?

“Prescribed” means prescribed by rules made under this Act.

Who is a “recognised zoo” under section 2(25A)?

“Recognised zoo” means a zoo recognised under section 38H.

What is a “reserve forest” under section 2(25B)?

“Reserve forest” means the forest declared to be reserved by the State Government under section 20 of the Indian Forest Act, 1927, or declared as such under any other State Act.

What is a “sanctuary” under section 2(26)?

“Sanctuary” means an area declared as a sanctuary by notification under Chapter IV of this Act and includes a deemed sanctuary under sub-section (4) of section 66.

What is a “specified plant” under section 2(27)?

“Specified plant” means any plant specified in Schedule VI.

Clause 28 omitted

 

Who is the “State Government” in relation to a Union territory under section 2(29)?

In relation to a Union territory, “State Government” means the Administrator of that Union territory appointed by the President under article 239 of the Constitution.

What is meant by “taxidermy” under section 2(30)?

“Taxidermy” means the curing, preparation, preservation, or mounting of trophies.

What are “territorial waters” under section 2(30A)?

“Territorial waters” shall have the same meaning as in section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976.

What is a “trophy” under section 2(31)?

“Trophy” means the whole or any part of any captive or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes rugs, skins, specimens mounted in whole or part through taxidermy, antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests, and honeycomb.

What is an “uncured trophy” under section 2(32)?

“Uncured trophy” means the whole or any part of any captive or wild animal, other than vermin, which has not undergone taxidermy, and includes freshly killed wild animals, ambergris, musk, and other animal products.

What is meant by “vehicle” under section 2(33)?

“Vehicle” means any conveyance used for movement on land, water, or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse, and mule.

What is “vermin” under section 2(34)?

“Vermin” means any wild animal specified in Schedule V.

What is included in “weapon” under section 2(35)?

“Weapon” includes ammunition, bows and arrows, explosives, firearms, hooks, knives, nets, poison, snares, traps, and any instrument capable of anaesthetizing, decoying, destroying, injuring, or killing an animal.

What is a “wild animal” under section 2(36)?

“Wild animal” means any animal specified in Schedules I to IV and found wild in nature.

What is meant by “wild life” under section 2(37)?

“Wild life” includes any animal, aquatic or land vegetation which forms part of any habitat.

Who is a “Wild Life Warden” under section 2(38)?

“Wild Life Warden” means the person appointed under clause (b) of sub-section (1) of section 4.

What is meant by “zoo” under section 2(39)?

“Zoo” means an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public and includes a circus and rescue centres but does not include an establishment of a licensed dealer in captive animals.

 

CHAPTER-II

AUTHORITIES TO BE APPOINTED OR CONSTITUTED UNDER THE ACT

What does Section 3 of the Wildlife Protection Act, 1972 deal with?

Section 3 deals with the appointment of the Director and other officers.

Who has the authority to appoint the Director of Wild Life Preservation?

The Central Government has the authority to appoint the Director of Wild Life Preservation.

What other appointments can the Central Government make under this section?

The Central Government may appoint such other officers and employees as may be necessary for the purposes of this Act.

To whom is the Director of Wild Life Preservation accountable while performing duties under the Act?

The Director is subject to general or special directions issued by the Central Government from time to time.

What is the role of the officers and employees appointed under this section?

The officers and employees appointed under this section are required to assist the Director in the performance of his duties and powers under the Act.

Can the Central Government give specific instructions to the Director?

Yes, the Central Government can give both general and special directions to the Director regarding the exercise of his powers and duties under the Act.

What does Section 4 of the Wildlife Protection Act, 1972 deal with?

Section 4 deals with the appointment of the Life Warden and other officers

Who can appoint the Chief Wild Life Warden under the Act?

The State Government may appoint the Chief Wild Life Warden for the purposes of the Act.

Which other officers can be appointed under this section?

The State Government can appoint Wild Life Wardens, Honorary Wild Life Wardens, and other officers or employees as necessary.

To whom is the Chief Wild Life Warden accountable while performing duties?

The Chief Wild Life Warden is subject to general or special directions issued by the State Government from time to time.

What is the role of officers and employees appointed under this section?

The officers and employees are required to assist the Chief Wild Life Warden in performing duties and exercising powers under the Act.

Who are subordinate to the Chief Wild Life Warden?

The Wild Life Wardens, Honorary Wild Life Wardens, and other officers and employees appointed under this section are subordinate to the Chief Wild Life Warden.

Can the State Government give both general and special directions to the Chief Wild Life Warden?

Yes, the State Government can issue both general and special directions regarding the performance of duties and exercise of powers by the Chief Wild Life Warden.

What does Section 5 of the Wildlife Protection Act, 1972 deal with?

Section 5 deals with the power to Delegate

Who can the Director delegate powers to under this section?

The Director may delegate all or any of his powers and duties under the Act to any officer subordinate to him, with the previous approval of the Central Government.

Is prior approval necessary for delegation by the Director?

Yes, the Director can delegate powers only with the previous approval of the Central Government and by an order in writing.

Who can the Chief Wild Life Warden delegate powers to under this section?

The Chief Wild Life Warden may delegate all or any of his powers and duties, except those under clause (a) of sub-section (1) of Section 11, to any officer subordinate to him, with prior approval of the State Government.

Can conditions be imposed while delegating powers under this section?

Yes, any delegation by the Director or Chief Wild Life Warden may be subject to conditions specified in the written order of delegation.

How is the exercise of delegated powers treated under the Act?

Any person authorised to exercise delegated powers may do so in the same manner and with the same effect as if those powers had been conferred on them directly by the Act, subject to any directions or conditions.

Does the delegation affect the authority of the Director or Chief Wild Life Warden?

No, delegation does not reduce their authority; they may impose general or special directions and conditions on the delegated powers.

What does Section 5A of the Wildlife Protection Act, 1972 deal with?

Section 5A deals with the constitution of the National Board for Wild Life (NBWL)

The section 5A was inserted via?

Ins. by Act 16 of 2003, s. 6 (w.e.f. 1-4-2003).

Who is responsible for constituting the National Board for Wild Life?

The Central Government is responsible for constituting the National Board for Wild Life within three months from the commencement of the Wildlife (Protection) Amendment Act, 2002.

Who is the Chairperson of the National Board for Wild Life?

The Prime Minister of India serves as the Chairperson of the National Board for Wild Life.

Who serves as the Vice-Chairperson of the National Board for Wild Life?

The Minister in-charge of Forests and Wild Life serves as the Vice-Chairperson.

How many members of Parliament are included in the Board, and from which houses?

Three members of Parliament are included: two from the House of the People and one from the Council of States.

Which members represent non-governmental organizations (NGOs) in the Board?

Five persons representing NGOs are nominated by the Central Government to be members of the Board.

Who are the experts nominated by the Central Government for the Board?

Ten eminent conservationists, ecologists, and environmentalists are nominated by the Central Government as members of the Board.

Which Secretaries of the Government of India are part of the Board?

Secretaries in-charge of Forests and Wild Life, Defence, Information and Broadcasting, Department of Expenditure (Finance), and Tribal Welfare are included as members of the Board.

Which Directors and institutions are represented on the Board?

The Board includes Directors or heads of the Directorate-General of Forests, Tourism, Indian Council for Forestry Research and Education, Wild Life Institute of India, Zoological Survey of India, Botanical Survey of India, Indian Veterinary Research Institute, Central Zoo Authority, and National Institute of Oceanography.

How are State and Union Territory representatives included in the Board?

One representative each from ten States and Union Territories is nominated by the Central Government on a rotational basis.

Who serves as the Member-Secretary of the National Board for Wild Life?

The Director of Wild Life Preservation serves as the Member-Secretary of the National Board.

What is prescribed under sub-section (2) regarding members of the National Board?

The term of office of non-ex officio members, the manner of filling certain vacancies, and the procedure for discharge of functions are to be prescribed.

How are vacancies referred to in specific clauses filled?

Vacancies referred to in clauses (e), (f), and (v) of sub-section (1) are filled in the manner prescribed.

Who determines the procedure to be followed by members of the National Board?

The procedure is determined as may be prescribed.

What does sub-section (3) provide regarding allowances of members?

Non-ex officio members are entitled to receive prescribed allowances for expenses incurred in performance of their duties.

Are ex officio members entitled to allowances under sub-section (3)?

No, allowances are payable only to members other than ex officio members.

On what basis are allowances paid to members of the National Board?

Allowances are paid in respect of expenses incurred in the performance of official duties.

What is the effect of sub-section (4) on the status of the office of a member?

The office of a member of the National Board is not deemed to be an office of profit.

What does Section 5B of the Wildlife Protection Act, 1972 deal with?

Section 5B deals with the Standing Committee of the National Board

Who can constitute the Standing Committee of the National Board?

The National Board for Wild Life may, at its discretion, constitute a Standing Committee for exercising powers and performing duties delegated to it by the Board.

Who are the members of the Standing Committee?

The Standing Committee consists of the Vice-Chairperson, the Member-Secretary, and not more than ten members nominated by the Vice-Chairperson from among the members of the National Board.

What powers does the Standing Committee exercise?

The Standing Committee exercises such powers and performs such duties as may be delegated to it by the National Board.

Can the National Board form other committees besides the Standing Committee?

Yes, the National Board may constitute committees, sub-committees, or study groups as necessary for the proper discharge of its functions.

What does Section 5C of the Wildlife Protection Act, 1972 deal with?

Section 5C outlines the functions of the National Board for Wild Life

What is the primary duty of the National Board for Wild Life?

The primary duty of the National Board is to promote the conservation and development of wild life and forests by such measures as it thinks fit.

How does the National Board advise the Central and State Governments?

The Board frames policies and advises the Central and State Governments on promoting wild life conservation and controlling poaching and illegal trade of wild life and its products.

What role does the Board play in relation to protected areas?

The Board makes recommendations on the establishment and management of national parks, sanctuaries, and other protected areas, including advising on restrictions of activities in these areas.

Does the National Board assess the impact of projects on wild life?

Yes, the Board carries out or causes to be carried out impact assessments of various projects and activities on wild life or its habitat.

How does the Board monitor progress in wild life conservation?

The Board reviews, from time to time, the progress in wild life conservation across the country and suggests measures for improvement.

What reporting responsibility does the Board have regarding wild life?

The Board is required to prepare and publish a status report on wild life in the country at least once every two years.

What does Section 6 of the Wildlife Protection Act, 1972 deal with?

Section 6 deals with the constitution of the State Board for Wild Life

Who is responsible for constituting the State Board for Wild Life?

The State Government is responsible for constituting the State Board for Wild Life within six months from the commencement of the Wildlife (Protection) Amendment Act, 2002.

Who serves as the Chairperson of the State Board for Wild Life?

The Chief Minister of the State, or in the case of a Union Territory, either the Chief Minister or Administrator, serves as the Chairperson.

Who is the Vice-Chairperson of the State Board?

The Minister in-charge of Forests and Wild Life serves as the Vice-Chairperson.

How are legislative members included in the State Board?

Three members of the State Legislature, or in the case of a Union Territory with Legislature, two members of its Legislative Assembly, are included as members.

How are non-governmental organizations represented on the State Board?

Three persons representing NGOs dealing with wild life are nominated by the State Government to be members.

How are expert members selected for the State Board?

Ten eminent conservationists, ecologists, and environmentalists, including at least two representatives of Scheduled Tribes, are nominated by the State Government.

Which officers and institutional representatives are part of the State Board?

Members include the Secretary in-charge of Forests and Wild Life, the Officer in-charge of the State Forest Department, the Secretary of Tribal Welfare, Managing Director of the State Tourism Development Corporation, an officer of the State Police Department (Inspector-General or above), a representative of the Armed Forces (Brigadier or above), Directors of Animal Husbandry and Fisheries, nominees of the Director of Wild Life Preservation, and representatives from the Wild Life Institute of India, Botanical Survey of India, and Zoological Survey of India.

Who serves as the Member-Secretary of the State Board?

The Chief Wild Life Warden serves as the Member-Secretary.

What is the term of office for members who are not ex officio?

The term and procedures for filling vacancies of non-ex officio members are prescribed by rules made under the Act.

Are non-ex officio members entitled to allowances?

Yes, non-ex officio members are entitled to receive allowances for expenses incurred in the performance of their duties, as prescribed.

What does Section 7 of the Wildlife Protection Act, 1972 deal with?

Section 7 deals with the procedure to be followed by the Board

How often must the State Board for Wild Life meet?

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

Who decides the place of the Board’s meetings?

The State Government directs the place where the Board shall meet.

How does the Board regulate its procedure?

The Board regulates its own procedure, including matters related to quorum and conduct of meetings.

Does a vacancy in the Board affect the validity of its acts or proceedings?

No, no act or proceeding of the Board shall be invalid merely because of a vacancy in the Board.

What if there is a defect in the constitution of the Board?

Any defect in the constitution of the Board does not invalidate its acts or proceedings, provided the defect does not affect the merits of the case.

Does an irregularity in procedure make the Board’s actions void?

No, an irregularity in procedure does not invalidate the Board’s acts or proceedings, as long as it does not affect the merits of the case.

What does Section 8 of the Wildlife Protection Act, 1972 deal with?

Section 8 outlines the duties of the State Board for Wild Life

What is one of the primary duties of the State Board for Wild Life?

The Board advises the State Government in the selection and management of areas to be declared as protected areas.

How does the Board contribute to policy formulation?

The Board advises the State Government in formulating policies for the protection and conservation of wild life and specified plants.

What role does the Board play regarding the amendment of Schedules under the Act?

The Board advises the State Government on matters relating to the amendment of any Schedule under the Wildlife Protection Act.

How does the Board address the needs of tribals and forest dwellers?

The Board advises on measures to harmonize the needs of tribals and other forest dwellers with the protection and conservation of wild life.

Can the Board be consulted on other matters connected with wild life protection?

Yes, the Board can advise the State Government on any other matter connected with the protection of wild life referred to it by the State Government.

Does the State Board have enforcement powers under this section?

No, Section 8 only specifies advisory duties; enforcement powers are provided under other sections of the Act.

 

CHAPTER-III

HUNTING OF WILD ANIMALS

What does the section 9 deals with?

Prohibition of hunting

What is the legal effect of Section 9 of the Wildlife Protection Act, 1972?

Section 9 makes it illegal to hunt any wild animal listed in Schedules I, II, III, and IV, ensuring protection of these species.

Does Section 9 allow selective hunting based on species or location?

No, the section broadly prohibits hunting of listed species, except where specific permissions are granted under Sections 11 and 12.

What does Section 10 of the Wildlife Protection Act, 1972 originally deal with?

Section 10 originally required the maintenance of records of wild animals killed or captured.

Has Section 10 been amended or omitted?

Yes, Section 10 was omitted by the Wildlife (Protection) Amendment Act, 1991 (44 of 1991) with effect from 2nd October 1991.

What does section 11 deals with?

Hunting of wild animals to be permitted in certain cases

Under Section 11(1)(a), who can permit hunting of Schedule I animals that are dangerous or diseased?

The Chief Wild Life Warden may permit hunting of Schedule I animals if he is satisfied that the animal is dangerous to human life or is so disabled or diseased as to be beyond recovery.

What is required under Section 11(1)(a) before a Schedule I animal can be hunted?

The Chief Wild Life Warden must issue a written order stating the reasons for permitting the hunt.

According to Section 11(1)(a) proviso, when can a Schedule I animal be ordered to be killed?

A Schedule I animal can only be killed if it cannot be captured, tranquilised, or translocated, with the reasons recorded in writing.

Under Section 11(1)(a) proviso, when can a captured Schedule I animal be kept in captivity?

A captured Schedule I animal can only be kept in captivity if it cannot be rehabilitated into the wild, with reasons recorded in writing by the Chief Wild Life Warden.

What does the explanation in Section 11(1)(a) state regarding the process of capture or translocation of Schedule I animals?

The process of capture or translocation must be carried out in a manner that causes minimum trauma to the animal.

Under Section 11(1)(b), who can permit hunting of Schedule II, III, or IV animals?

The Chief Wild Life Warden or an authorised officer may permit hunting if the animal is dangerous to human life or property, or is disabled or diseased beyond recovery.

According to Section 11(1)(b), can hunting be authorised for a group of animals?

Yes, hunting can be permitted for an individual animal or a group of animals in a specified area, with reasons recorded in writing.

Under Section 11(2), is killing or wounding a wild animal in self-defence considered an offence?

No, killing or wounding a wild animal in good faith to defend oneself or another person is not an offence, provided the person was not committing any act prohibited under the Act at that time.

According to Section 11(3), who owns a wild animal killed or wounded in defence of any person?

Any wild animal killed or wounded in defence of a person becomes Government property.

Under Section 12, who is empowered to grant permits for hunting wild animals for special purposes?

Grant of permit for special purposes

What is required from the permit holder under Section 12?

The permit holder must pay the prescribed fee and comply with any conditions specified in the permit.

Under Section 12(a), for what educational purposes can a permit be granted?

Permits can be granted to hunt wild animals for educational purposes, such as teaching or demonstration.

According to Section 12(b), for what scientific purposes can a permit be granted?

Permits can be granted for scientific research or scientific management of wild animals.

What does “scientific management” mean under Section 12(bb) explanation?

“Scientific management” includes (i) translocation of wild animals to an alternative suitable habitat, or (ii) population management of wildlife without killing, poisoning, or destroying animals.

Under Section 12(c), for what purpose can specimens be collected under a permit?

Specimens can be collected for recognised zoos (with permission under Section 38-I), museums, or similar institutions.

Under Section 12(d), how can permits be granted for snake-venom?

Permits can be granted for derivation, collection, or preparation of snake-venom for the manufacture of life-saving drugs.

What prior permission is required under Section 12 proviso for Schedule I animals?

No permit for a Schedule I animal can be granted without prior permission from the Central Government.

What prior permission is required under Section 12 proviso for wild animals other than Schedule I?

No permit for other wild animals can be granted without prior permission from the State Government.

What happened to Section 13 (Suspension or cancellation of licence) of the Wildlife Protection Act, 1972?

Section 13 was omitted by the Wildlife (Protection) Amendment Act, 1991, with effect from 2nd October 1991.

What happened to Section 14 (Appeals) of the Wildlife Protection Act, 1972?

Section 14 was omitted by the Wildlife (Protection) Amendment Act, 1991, with effect from 2nd October 1991.

What happened to Section 15 (Hunting of young and female wild animals) of the Wildlife Protection Act, 1972?

Section 15 was omitted by the Wildlife (Protection) Amendment Act, 1991, with effect from 2nd October 1991.

What happened to Section 16 (Declaration of closed time) of the Wildlife Protection Act, 1972?

Section 16 was omitted by the Wildlife (Protection) Amendment Act, 1991, with effect from 2nd October 1991.

What happened to Section 17 (Restrictions on hunting) of the Wildlife Protection Act, 1972?

Section 17 was omitted by the Wildlife (Protection) Amendment Act, 1991, with effect from 2nd October 1991.

 

CHAPTER-IIIA

PROTECTION OF SPECIFIED PLANTS

Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995).

What does Section 17A relate to or deal with?

Prohibition of picking, uprooting, etc. of specified plant

Under Section 17A(a), what specific actions are prohibited regarding specified plants?

No person shall wilfully pick, uproot, damage, destroy, acquire, or collect any specified plant from forest land or areas specified by the Central Government.

According to Section 17A(b), what restrictions exist on the possession and trade of specified plants?

No person shall possess, sell, offer for sale, gift, transfer, or transport any specified plant, whether alive or dead, or any part or derivative thereof.

What exception does Section 17A provide for members of Scheduled Tribes?

Members of Scheduled Tribes may pick, collect, or possess specified plants or parts/derivatives for bona fide personal use in the district they reside, subject to the provisions of Chapter IV.

What does Section 17B relate to or deal with?

Grants of permit for special purposes

Under Section 17B, who can grant permits for specified plants?

The Chief Wild Life Warden, with the previous permission of the State Government, may grant permits.

For what purposes can permits under Section 17B be granted?

Permits may be granted for (a) education, (b) scientific research, (c) collection, preservation, and display in a herbarium, or (d) propagation by an approved person or institution.

What conditions apply to permits granted under Section 17B?

Permits are subject to any conditions specified by the Chief Wild Life Warden in writing.

What does Section 17C relate to or deal with?

Cultivation of specified plants without licence prohibited.

Under Section 17C(1), can a person cultivate a specified plant without a licence?

No person may cultivate a specified plant except under and in accordance with a licence granted by the Chief Wild Life Warden or an authorised officer.

What transitional provision does Section 17C(1) provide for pre-existing cultivators?

Persons cultivating a specified plant before the commencement of the 1991 Amendment may continue cultivation for six months or until their licence application is granted or refused in writing.

According to Section 17C(2), what must every licence specify?

Every licence must specify the area where the specified plant may be cultivated and any conditions under which cultivation is permitted.

What does Section 17D relate to or deal with?

Dealing in specified plants without licence prohibited.

Under Section 17D(1), when is a person prohibited from dealing in specified plants?

No person shall commence or carry on business or occupation as a dealer in a specified plant or part/derivative thereof except under and in accordance with a licence granted by the Chief Wild Life Warden or an authorised officer.

What transitional provision does Section 17D(1) provide for pre-existing dealers?

Persons carrying on such business before the commencement of the 1991 Amendment may continue for sixty days or until their licence application is granted or refused in writing.

According to Section 17D(2), what must every licence specify?

Every licence must specify the premises in which the licensee may carry on business and any conditions subject to which the business is allowed.

What does Section 17E relate to or deal with?

Declaration of stock

Under Section 17E(1), who must declare stock of specified plants and within what timeframe?

Every person cultivating or dealing in a specified plant or part/derivative thereof must declare their stocks to the Chief Wild Life Warden or authorised officer within thirty days from the commencement of the 1991 Amendment.

How do the provisions of Sections 44–47 apply under Section 17E(2)?

Provisions of sub-sections (3) to (8) of section 44 and sections 45, 46, and 47 apply to applications and licences under Sections 17C and 17D as they apply to licences or businesses in animals or animal articles.

What does Section 17F relate to or deal with?

Possession, etc., of plants by licensee

Under Section 17F(a)(i), what is prohibited regarding stock declaration?

No licensee shall keep in his control, custody, or possession any specified plant, part, or derivative in respect of which a declaration under Section 17E has not been made.

Under Section 17F(a)(ii), what is prohibited regarding lawful acquisition?

No licensee shall keep in control, custody, or possession any specified plant, part, or derivative not lawfully acquired under the Act, rules, or orders made thereunder.

Under Section 17F(b), what actions are restricted for a licensee regarding specified plants?

A licensee shall not pick, uproot, collect, acquire, receive, keep, sell, offer for sale, or transport any specified plant or part/derivative except in accordance with the conditions of the licence and the rules under this Act.

What does Section 17G relate to or deal with?

Purchase, etc., of specified plants

Under Section 17G, from whom can a person legally purchase or acquire specified plants?

No person shall purchase, receive, or acquire any specified plant, part, or derivative thereof except from a licensed dealer.

What is the exception provided under Section 17G?

The restriction does not apply to any person referred to in Section 17B (i.e., those holding permits for special purposes such as education, research, or propagation).

What does Section 17H relate to or deal with?

Plants to be Government property

Under Section 17H(1), who becomes the owner of specified plants involved in offences?

Such plants, parts, or derivatives shall be the property of the State Government, or of the Central Government if collected from a sanctuary or National Park declared by the Central Government.

According to Section 17H(2), which provisions apply to specified plants in offences?

The provisions of sub-sections (2) and (3) of Section 39 apply to specified plants or parts/derivatives in offences as they apply to wild animals and animal articles.

 

CHAPTER-IV

PROTECTED AREAS

Subs. by Act 16 of 2003, s. 10

What does Section 18 relate to or deal with?

Declaration of a sanctuary

Under Section 18(1), when can the State Government declare an area as a sanctuary?

The State Government may declare any area (other than reserve forests or territorial waters) as a sanctuary if it considers the area to have adequate ecological, faunal, floral, geomorphological, natural, or zoological significance for protecting, propagating, or developing wildlife or its environment.

According to Section 18(2), what must the notification specifying the sanctuary include?

The notification must specify, as nearly as possible, the situation and limits of the area being declared as a sanctuary.

How does the Explanation under Section 18 help in defining sanctuary boundaries?

It allows the area to be described using roads, rivers, ridges, or other well-known or readily intelligible boundaries, which is sufficient for the purposes of this section.

What does Section 18A relate to or deal with?

Protection to sanctuaries

Under Section 18A(1), what happens when the State Government declares its intention to constitute a sanctuary?

The provisions of Sections 27 to 33A come into effect immediately.

According to Section 18A(2), what arrangements must the State Government make for affected persons?

Until the rights of affected persons are finally settled under Sections 19 to 24, the State Government shall provide alternative arrangements for fuel, fodder, and other forest produce according to their rights in government records.

What does Section 18B relate to or deal with?

Appointment of Collectors

Under Section 18B, within what timeframe must the State Government appoint a Collector?

Within ninety days of the 2002 Amendment or within thirty days of the notification under Section 18.

What is the role of the Collector under Section 18B?

To inquire into and determine the existence, nature, and extent of rights of any person in or over the land within the limits of the sanctuary.

What does Section 19 relate to or deal with?

Collector to determine rights

Under Section 19, what is the Collector required to do?

The Collector must inquire into and determine the existence, nature, and extent of rights of any person in or over the land comprised within the sanctuary limits.

What does Section 20 relate to or deal with?

Bar of accrual of rights

According to Section 20, can new rights be acquired in sanctuary land after the notification under Section 18?

No, no right can be acquired in, on, or over the land specified in the notification except by succession, testamentary or intestate.

What does Section 21 relate to or deal with?

Proclamation by Collector regarding rights in the sanctuary.

Under Section 21, what must the Collector publish after a notification under Section 18?

Within sixty days, the Collector must publish a proclamation in the regional language in every town and village in or near the area.

According to Section 21(a), what details must the proclamation specify?

The proclamation must specify, as nearly as possible, the situation and limits of the sanctuary.

According to Section 21(b), what must the proclamation require from persons claiming rights?

Any person claiming a right mentioned in Section 19 must submit a written claim to the Collector within two months, specifying the nature and extent of the right and details of any compensation claimed.

What does Section 22 relate to or deal with?

Inquiry by Collector

Under Section 22, what is the Collector required to inquire into?

(a) Claims preferred under Section 21(b); (b) Existence of any rights mentioned in Section 19 not claimed under Section 21(b), based on government records and evidence of knowledgeable persons.

What does Section 23 of the Wildlife Protection Act deal with?

Section 23 deals with the powers of the Collector

What powers does the Collector have for conducting inquiries under Section 23?

The Collector may (a) enter any land to survey, demarcate, and make a map or authorize an officer to do so, and (b) exercise the same powers as a civil court for the trial of suits.

What does Section 24 of the Wildlife Protection Act deal with?

Section 24 deals with acquisition of rights

What action must the Collector take upon receiving a claim to a right in or over land under Section 24(1)?

The Collector shall pass an order admitting or rejecting the claim in whole or in part.

If a claim is admitted under Section 24(2), what options does the Collector have regarding the land or rights?

The Collector may (a) exclude the land from the sanctuary limits, (b) acquire the land or rights (unless surrendered by agreement with compensation), or (c) allow the continuation of any right within the sanctuary in consultation with the Chief Wildlife Warden.

What does Section 25 of the Wildlife Protection Act deal with?

Section 25 deals with the acquisition proceedings

How is the Collector deemed for acquisition proceedings under Section 25(1)(a)?

The Collector is deemed to be a Collector proceeding under the Land Acquisition Act, 1894.

How is the claimant treated under Section 25(1)(b) during acquisition proceedings?

The claimant is deemed to be a person interested and appearing before the Collector pursuant to notice under Section 9 of the Land Acquisition Act, 1894.

Which provisions are considered complied with for acquisition under Section 25(1)(c)?

The provisions of the sections preceding Section 9 of the Land Acquisition Act, 1894, are deemed to have been complied with.

What rights does a claimant have if he does not accept the award under Section 25(1)(d)?

The claimant is deemed a person interested who has not accepted the award and is entitled to claim relief under Part III of the Land Acquisition Act, 1894.

How can compensation be awarded according to Section 25(1)(e)?

With the consent of the claimant, or with the consent of both parties in court, compensation may be awarded in land, money, or partly in land and partly in money.

What provision is made for public ways or common pastures under Section 25(1)(f)?

The Collector may, with previous sanction of the State Government, provide an alternative public way or common pasture, as far as practicable or convenient.

How is acquisition under the Wildlife Protection Act treated under Section 25(2)?

Acquisition of any land or interest under this Act is deemed to be for a public purpose.

What does Section 25A of the Wildlife Protection Act deal with?

Section 25A deals with the time-limit for completion of acquisition proceedings.

What is the time-limit for completing acquisition proceedings under Section 25A(1)?

The Collector shall, as far as possible, complete proceedings under Sections 19 to 25 within two years from the date of notification of declaration of the sanctuary under Section 18.

Does the notification lapse if the proceedings are not completed within two years under Section 25A(2)?

No, the notification shall not lapse even if the proceedings are not completed within the two-year period.

What does Section 26 of the Wildlife Protection Act deal with?

Section 26 deals with delegation of the Collector’s powers.

Who can exercise the powers of the Collector under Section 26?

The State Government may, by general or special order, direct that such powers or functions be exercised by another officer as specified in the order.

What does Section 26A of the Wildlife Protection Act deal with?

Section 26A deals with the declaration of an area as a sanctuary.

When can the State Government declare an area as a sanctuary under Section 26A(1)?

When (a) a notification under Section 18 has been issued, claims have been disposed of, or (b) any area of reserve forest or territorial waters is considered of ecological, faunal, floral, geomorphological, natural, or zoological significance for protecting wildlife.

What procedure must be followed if the area includes territorial waters under Section 26A(1) provisos?

Prior concurrence of the Central Government must be obtained by the state government, limits determined in consultation with the Chief Naval Hydrographer, and occupational interests of local fishermen protected.

Does the right of innocent passage through territorial waters get affected by a sanctuary declaration under Section 26A(2)?

No, the right of innocent passage of any vessel or boat shall not be affected by the notification.

Can the State Government alter the boundaries of a sanctuary on its own under Section 26A(3)?

No, alteration can only be made on a recommendation of the National Board.

What does Section 27 of the Wildlife Protection Act deal with?

Section 27 deals with restrictions on entry in sanctuary.

Who is allowed to enter or reside in a sanctuary under Section 27(1) without a permit?

Only (a) a public servant on duty, (b) a person permitted by the Chief Wildlife Warden or authorized officer, (c) a person with any right over immovable property in the sanctuary, (d) a person passing through along a public highway, and (e) dependants of persons in clauses (a), (b), or (c).

Can any other person enter or reside in the sanctuary under Section 27(1)?

No, other persons can only enter or reside in the sanctuary under the conditions of a permit granted under Section 28.

What responsibilities does a person residing in a sanctuary have under Section 27(2)(a)?

To prevent the commission of any offence against the Wildlife Protection Act within the sanctuary.

What responsibility is imposed under Section 27(2)(b) if a person believes an offence has been committed in the sanctuary?

The person must help in discovering and arresting the offender.

What must a resident do under Section 27(2)(c) if a wild animal dies in the sanctuary?

Report the death and safeguard its remains until the Chief Wildlife Warden or authorized officer takes charge.

What obligations does Section 27(2)(d) place on a resident regarding fire in the sanctuary?

To extinguish any fire of which they have knowledge and to prevent the spread of any fire in the vicinity of the sanctuary using lawful means.

What assistance is a resident required to provide under Section 27(2)(e)?

To assist any forest officer, Chief Wildlife Warden, Wildlife Warden, or police officer in preventing offences under the Act or in investigating such offences.

What is prohibited under Section 27(3) regarding sanctuary boundary-marks?

No person shall, with intent to cause damage or wrongful gain, alter, destroy, move, or deface any boundary-mark of a sanctuary.

What actions are prohibited under Section 27(4) concerning wild animals and the sanctuary grounds?

No person shall tease or molest any wild animal or litter the grounds of the sanctuary.

What does Section 28 of the Wildlife Protection Act deal with?

Section 28 deals with the grant of permit

Who can grant a permit under Section 28(1)?

The Chief Wildlife Warden may grant a permit on application.

For what purposes can a permit be granted under Section 28(1)?

A permit can be granted for (a) investigation or study of wildlife and related purposes, (b) photography, (c) scientific research, (d) tourism, and (e) transaction of lawful business with any person residing in the sanctuary.

Under what conditions is a permit issued according to Section 28(2)?

A permit is issued subject to prescribed conditions and on payment of the prescribed fee.

What does Section 29 of the Wildlife Protection Act deal with?

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

What activities are prohibited in a sanctuary without a permit under Section 29?

No person shall destroy, exploit, or remove any wildlife including forest produce, damage or divert the habitat of wild animals, or divert, stop, or enhance the flow of water into or outside the sanctuary without a permit.

Under what conditions can a permit under Section 29 be issued?

A permit can be issued only if the State Government, in consultation with the Board, is satisfied that the activity is necessary for improvement and better management of wildlife in the sanctuary.

What limitation exists on the use of forest produce removed under a Section 29 permit?

Forest produce may only be used to meet the personal bona fide needs of people living in and around the sanctuary and shall not be used for any commercial purpose.

Does permitted grazing or movement of livestock fall under the prohibition in Section 29?

No, grazing or movement of livestock permitted under clause (d) of Section 33 is not considered an act prohibited under Section 29.

What does Section 30 of the Wildlife Protection Act deal with?

Section 30 deals with the prohibition of causing fire in a sanctuary.

What is prohibited under Section 30 regarding fire in a sanctuary?

No person shall set fire, kindle any fire, or leave any fire burning in a sanctuary in a manner that endangers it.

What does Section 31 of the Wildlife Protection Act deal with?

Section 31 deals with prohibition of entry into a sanctuary with weapons.

What restriction does Section 31 impose on entering a sanctuary with weapons?

No person shall enter a sanctuary with any weapon except with prior written permission of the Chief Wildlife Warden or authorized officer.

What does Section 32 of the Wildlife Protection Act deal with?

Section 32 deals with the ban on the use of injurious substances in a sanctuary.

What substances are prohibited under Section 32?

No person shall use chemicals, explosives, or any other substances that may cause injury to or endanger wildlife in a sanctuary.

What does Section 33 of the Wildlife Protection Act deal with?

Section 33 deals with the control of sanctuaries

What powers does the Chief Wildlife Warden have for construction within a sanctuary under Section 33(a)?

He may construct roads, bridges, buildings, fences, or barrier gates and carry out other works necessary for the sanctuary, but commercial tourist lodges, hotels, zoos, and safari parks require prior approval of the National Board.

What are the responsibilities of the Chief Wildlife Warden under Section 33(b)?

To ensure the security of wild animals and preserve the sanctuary and its wildlife.

What measures can the Chief Wildlife Warden take for habitat improvement under Section 33(c)?

He may take any measures considered necessary for the improvement of wildlife habitats within the sanctuary.

How can the Chief Wildlife Warden regulate livestock under Section 33(d)?

He may regulate, control, or prohibit grazing or movement of livestock in accordance with wildlife interests.

What does Section 33A of the Wildlife Protection Act deal with?

Section 33A deals with immunisation of livestock

What measures must the Chief Wildlife Warden take under Section 33A(1)?

He shall take measures, in the prescribed manner, for immunisation against communicable diseases of livestock kept in or within five kilometres of a sanctuary.

What restriction is placed on grazing or taking livestock under Section 33A(2)?

No person shall take, cause to be taken, or graze any livestock in a sanctuary without it being immunised.

What does Section 33B of the Wildlife Protection Act deal with?

Section 33B deals with the Advisory Committee

Who constitutes the Advisory Committee under Section 33B(1)?

The State Government shall constitute the Committee with the Chief Wildlife Warden (or nominee) as head, a member of the State Legislature, three Panchayati Raj representatives, two NGO representatives, three wildlife conservation individuals, one representative each from Home and Veterinary departments, any Honorary Wildlife Warden, and the officer-in-charge of the sanctuary as Member-Secretary.

What is the role of the Advisory Committee under Section 33B(2)?

To render advice on measures for better conservation and management of the sanctuary, including participation of people living in and around the sanctuary.

How does the Advisory Committee regulate its functioning under Section 33B(3)?

The Committee regulates its own procedure, including quorum.

What does Section 34 of the Wildlife Protection Act deal with?

Section 34 deals with the registration of certain persons in possession of arms

Who is required to register under Section 34(1)?

Every person residing in or within ten kilometres of a sanctuary who holds a licence under the Arms Act, 1959, or is exempted from its provisions but possesses arms, must apply for registration.

What is the time limit for registration under Section 34(1)?

Registration must be applied for within three months from the declaration of the area as a sanctuary.

Who receives and processes the registration application under Section 34(2)?

The Chief Wildlife Warden or the authorised officer receives the application and registers the applicant’s name in the prescribed manner.

What restriction is imposed on new arms licences near a sanctuary under Section 34(3)?

No new licences under the Arms Act, 1959, shall be granted within a radius of ten kilometres of a sanctuary without the prior concurrence of the Chief Wildlife Warden.

 

NATIONAL PARKS

What does Section 35 of the Wild Life (Protection) Act, 1972 deal with?

Section 35 of the Wild Life (Protection) Act, 1972 deals with the declaration of National Parks by the State Government.

Which authority is empowered to declare the intention to constitute an area as a National Park under Section 35(1)?

Under Section 35(1), the State Government is empowered to declare its intention to constitute an area as a National Park.

Can an area outside an existing sanctuary be declared as a National Park under Section 35(1)?

Yes, Section 35(1) permits the declaration of an area as a National Park whether such area is within a sanctuary or not.

On what basis can the State Government decide to constitute an area as a National Park under Section 35(1)?

The State Government may take such a decision based on the ecological, faunal, floral, geomorphological, or zoological association or importance of the area.

For what purposes may an area be constituted as a National Park under Section 35(1)?

An area may be constituted as a National Park for the purpose of protecting, propagating, or developing wildlife therein or its environment.

How is the intention to constitute an area as a National Park required to be declared under Section 35(1)?

The intention to constitute an area as a National Park must be declared by the State Government by notification.

What provision applies where territorial waters are proposed to be included in a National Park under Section 35(1)?

Where any part of the territorial waters is proposed to be included in a National Park, the provisions of Section 26A shall, as far as may be, apply as they apply to the declaration of a sanctuary.

What must the notification issued under Section 35(1) specify as per Section 35(2)?

The notification must define the limits of the area intended to be declared as a National Park.

What does sub-section (3) of Section 35 of the Wild Life (Protection) Act, 1972 provide for?

Sub-section (3) of Section 35 provides that certain provisions applicable to sanctuaries shall, as far as may be, apply to areas intended to be declared as National Parks.

Which provisions of the Act apply to the investigation and determination of claims when an area is proposed to be declared as a National Park under Section 35(3)?

Sections 19 to 26A, both inclusive, except clause (c) of sub-section (2) of Section 24, apply to the investigation and determination of claims in such areas.

For what purposes are Sections 19 to 26A applied to land intended to be declared as a National Park under Section 35(3)?

These provisions apply for the investigation and determination of claims and for the extinguishment of rights in relation to land in the proposed National Park area.

How are the provisions relating to claims and rights in a proposed National Park treated in comparison to a sanctuary under Section 35(3)?

They apply in the same manner as they apply to the investigation, determination of claims, and extinguishment of rights in relation to land in a sanctuary.

What is the first condition that must be fulfilled before a final notification declaring a National Park can be issued under Section 35(4)?

The period for preferring claims must have elapsed and all claims, if any, made in relation to land in the proposed National Park area must have been disposed of by the State Government.

What is the second condition that must be fulfilled before a final notification declaring a National Park can be issued under Section 35(4)?

All rights in respect of lands proposed to be included in the National Park must have become vested in the State Government.

What is the obligation of the State Government once the conditions under Section 35(4)(a) and 35(4)(b) are satisfied?

The State Government must publish a notification specifying the limits of the area to be comprised within the National Park and declare it to be a National Park.

From which date does an area become a National Park under the notification issued under Section 35(4)?

The area becomes a National Park from the date specified in the notification issued by the State Government.

Can the boundaries of a National Park be altered by the State Government under Section 35(5)?

The boundaries of a National Park cannot be altered by the State Government except on the recommendation of the National Board.

What general prohibition is imposed under Section 35(6) in relation to activities within a National Park?

Section 35(6) prohibits the destruction, exploitation, or removal of wildlife, including forest produce, and the destruction, damage, or diversion of the habitat of any wild animal within a National Park.

Is interference with the flow of water in or around a National Park permitted under Section 35(6)?

Diverting, stopping, or enhancing the flow of water into or outside a National Park is prohibited except in accordance with a permit granted under the Act.

Who is competent to grant a permit for activities otherwise prohibited under Section 35(6)?

The Chief Wild Life Warden is competent to grant such a permit.

What conditions must be satisfied before a permit can be granted under Section 35(6)?

The State Government must be satisfied, in consultation with the National Board, that the activity is necessary for the improvement and better management of wildlife in the National Park.

For what limited purpose may forest produce removed from a National Park be used as per the proviso to Section 35(6)?

Forest produce may be used only for meeting the personal bona fide needs of the people living in and around the National Park.

Is commercial use of forest produce removed from a National Park permitted under the proviso to Section 35(6)?

No, forest produce removed from a National Park shall not be used for any commercial purpose.

What does sub-section (7) of Section 35 of the Wild Life (Protection) Act, 1972 provide with respect to grazing in a National Park?

Sub-section (7) of Section 35 provides that no grazing of any livestock shall be permitted in a National Park.

Are livestock allowed to enter a National Park under Section 35(7)?

Livestock are not allowed to enter a National Park except where such livestock is used as a vehicle by a person authorised to enter the National Park.

Which provisions of the Wild Life (Protection) Act apply to a National Park by virtue of Section 35(8)?

Sections 27 and 28, sections 30 to 32, and clauses (a), (b) and (c) of sections 33 and 33A apply to a National Park as they apply to a sanctuary.

How do the provisions made applicable under Section 35(8) operate in relation to a National Park?

The specified provisions operate in relation to a National Park in the same manner as they operate in relation to a sanctuary.

What does the Explanation to Section 35 clarify regarding notification of certain areas as National Parks?

The Explanation clarifies that an area may be notified as a National Park where rights have already been extinguished and the land has vested in the State Government.

In what circumstances can an area be notified as a National Park without following the procedure under sections 19 to 26?

Where rights in the area have been extinguished and the land has vested in the State Government under any Act or otherwise, the procedure under sections 19 to 26 need not be followed.

Do sub-sections (3) and (4) of Section 35 apply to areas covered by the Explanation to Section 35?

No, in such cases, the provisions of sub-sections (3) and (4) of Section 35 shall not apply.

Does the Explanation to Section 35 apply only to areas within a sanctuary?

No, the Explanation applies to areas whether within a sanctuary or not.

What does Section 36 of the Wild Life (Protection) Act, 1972 deal with?

Section 36 dealt with the declaration of game reserves under the Wild Life (Protection) Act, 1972.

What is the present status of Section 36 of the Wild Life (Protection) Act, 1972?

Section 36 has been omitted from the Act Wild Life (Protection) Amendment Act, 1991.

What does Section 36A of the Wild Life (Protection) Act, 1972 deal with?

Section 36A deals with the declaration and management of conservation reserves by the State Government.

Which authority is empowered to declare an area as a conservation reserve under Section 36A(1)?

The State Government is empowered to declare an area as a conservation reserve under Section 36A(1).

Is consultation required before declaring an area as a conservation reserve under Section 36A(1)?

Yes, the State Government must consult local communities before declaring an area as a conservation reserve.

What kind of areas can be declared as conservation reserves under Section 36A(1)?

Areas owned by the Government, particularly those adjacent to National Parks and sanctuaries or those linking one protected area with another, can be declared as conservation reserves.

For what purposes can a conservation reserve be declared under Section 36A(1)?

A conservation reserve may be declared for protecting landscapes, seascapes, flora and fauna, and their habitat.

Is prior approval required when land owned by the Central Government is included in a conservation reserve?

Yes, prior concurrence of the Central Government is required where the conservation reserve includes land owned by the Central Government.

Which provisions of the Wild Life (Protection) Act apply to a conservation reserve under Section 36A(2)?

Sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30 and 32, and clauses (b) and (c) of section 33 apply to a conservation reserve.

How do the provisions referred to in Section 36A(2) apply to a conservation reserve?

The specified provisions apply to a conservation reserve in the same manner as they apply to a sanctuary.

What does Section 36B of the Wild Life (Protection) Act, 1972 deal with?

Section 36B deals with the Conservation Reserve Management Committee.

Who is required to constitute the Conservation Reserve Management Committee under Section 36B(1)?

The State Government is required to constitute the Conservation Reserve Management Committee.

What is the primary role of the Conservation Reserve Management Committee under Section 36B(1)?

The Committee is required to advise the Chief Wild Life Warden to conserve, manage, and maintain the conservation reserve.

Who serves as the Member-Secretary of the Conservation Reserve Management Committee under Section 36B(2)?

A representative of the Forest or Wild Life Department serves as the Member-Secretary of the Committee.

Which local body representatives are included in the Conservation Reserve Management Committee under Section 36B(2)?

One representative of each Village Panchayat within whose jurisdiction the reserve is located is included.

How many representatives from non-governmental organisations are included in the Committee under Section 36B(2)?

Three representatives of non-governmental organisations working in the field of wildlife conservation are included.

Which departmental representatives are included in the Committee under Section 36B(2)?

One representative each from the Department of Agriculture and the Department of Animal Husbandry are included.

Who determines the procedure and quorum of the Conservation Reserve Management Committee under Section 36B(3)?

The Committee itself regulates its own procedure, including the quorum.

What does Section 36C of the Wild Life (Protection) Act, 1972 deal with?

Section 36C deals with the declaration and management of community reserves.

Under what condition can the State Government declare a community reserve under Section 36C(1)?

A community reserve may be declared where a community or an individual has volunteered to conserve wildlife and its habitat.

What type of land can be declared as a community reserve under Section 36C(1)?

Private or community land not comprised within a National Park, sanctuary, or conservation reserve can be declared as a community reserve.

For what purposes can a community reserve be declared under Section 36C(1)?

A community reserve may be declared for protecting fauna, flora, and traditional or cultural conservation values and practices.

Which provisions of the Act apply to a community reserve under Section 36C(2)?

Sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30 and 32, and clauses (b) and (c) of section 33 apply to a community reserve.

How do the provisions referred to in Section 36C(2) apply to a community reserve?

They apply in the same manner as they apply in relation to a sanctuary.

Is alteration of land use permitted after declaration of a community reserve under Section 36C(3)?

No change in land use pattern is permitted except in accordance with a resolution passed by the management committee and approval by the State Government.

Whose approval is required for changing land use within a community reserve under Section 36C(3)?

Approval of the State Government is required after a resolution by the management committee.

What does Section 36D of the Wild Life (Protection) Act, 1972 deal with?

Section 36D deals with the Community Reserve Management Committee.

Who is responsible for constituting the Community Reserve Management Committee under Section 36D(1)?

The State Government is responsible for constituting the Community Reserve Management Committee.

What is the role of the Community Reserve Management Committee under Section 36D(1)?

The Committee is the authority responsible for conserving, maintaining, and managing the community reserve.

Who nominates the members of the Community Reserve Management Committee under Section 36D(2)?

Five representatives are nominated by the Village Panchayat or, where no Panchayat exists, by the members of the Gram Sabha.

Which departmental representative is included in the Committee under Section 36D(2)?

One representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located is included.

What powers does the Community Reserve Management Committee have under Section 36D(3)?

The Committee is competent to prepare and implement the management plan and to take steps to ensure protection of wildlife and its habitat.

Who elects the Chairman of the Community Reserve Management Committee under Section 36D(4)?

The Committee elects its Chairman.

What additional role does the Chairman perform under Section 36D(4)?

The Chairman also acts as the Honorary Wild Life Warden of the community reserve.

Who regulates the procedure and quorum of the Community Reserve Management Committee under Section 36D(5)?

The Committee regulates its own procedure, including the quorum.

 

CLOSED AREA

What does Section 37 of the Wild Life (Protection) Act, 1972 deal with?

Section 37 dealt with the declaration of closed areas under the Wild Life (Protection) Act, 1972.

What is the current legal status of Section 37 of the Wild Life (Protection) Act, 1972?

Section 37 has been omitted from the Act by Wild Life (Protection) Amendment Act, 2002.

 

SANCTUARIES OR NATIONAL PARKS DECLARED BY CENTRAL GOVERNMENT

What does Section 38 of the Wild Life (Protection) Act, 1972 deal with?

Section 38 deals with the power of the Central Government to declare areas as sanctuaries or National Parks.

Under what circumstance can the Central Government declare an area as a sanctuary under Section 38(1)?

The Central Government may declare an area as a sanctuary where the State Government leases or otherwise transfers an area under its control, not being an area within a sanctuary, to the Central Government.

What condition must be satisfied before the Central Government can declare a transferred area as a sanctuary under Section 38(1)?

The Central Government must be satisfied that the conditions specified in Section 18 are fulfilled in relation to the transferred area.

How must the Central Government declare an area as a sanctuary under Section 38(1)?

The declaration must be made by notification.

Which provisions of the Act apply to a sanctuary declared by the Central Government under Section 38(1)?

Sections 18 to 35, and sections 54 and 55 apply to such sanctuary as they apply to a sanctuary declared by the State Government.

Under what circumstance can the Central Government declare an area as a National Park under Section 38(2)?

The Central Government may declare an area as a National Park if it is satisfied that the conditions specified in Section 35 are fulfilled in relation to an area referred to in sub-section (1).

Is it necessary that the area be previously declared as a sanctuary before being declared a National Park under Section 38(2)?

No, the area may be declared as a National Park whether or not it has been previously declared as a sanctuary by the Central Government or the State Government.

How must the Central Government declare an area as a National Park under Section 38(2)?

The declaration must be made by notification.

Which provisions apply to a National Park declared by the Central Government under Section 38(2)?

Sections 35, 54 and 55 apply to such National Park as they apply to a National Park declared by the State Government.

Who exercises the powers and duties of the Chief Wild Life Warden in relation to sanctuaries or National Parks declared by the Central Government under Section 38(3)?

The powers and duties are exercised and discharged by the Director or by such other officer as may be authorised by the Director.

How are references to the State Government construed in relation to sanctuaries or National Parks declared by the Central Government under Section 38(3)?

References to the State Government are construed as references to the Central Government.

How are references to the Legislature of the State construed under Section 38(3)?

References to the Legislature of the State are construed as references to Parliament.

 

CHAPTER-IVA

CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS

What does Section 38A of the Wild Life (Protection) Act, 1972 deal with?

Section 38A deals with the constitution of the Central Zoo Authority

Who is responsible for constituting the Central Zoo Authority under Section 38A(1)?

The Central Government is responsible for constituting the Central Zoo Authority.

What is the name of the body constituted under Section 38A(1)?

The body constituted under Section 38A(1) is known as the Central Zoo Authority.

For what purpose is the Central Zoo Authority constituted under Section 38A(1)?

The Central Zoo Authority is constituted to exercise the powers conferred on it and to perform the functions assigned to it under the Act.

How is the Central Zoo Authority referred to in this Chapter as per Section 38A(1)?

The Central Zoo Authority is referred to as the Authority.

What are the components of the Central Zoo Authority under Section 38A(2)?

The Authority consists of a Chairperson, members, and a Member-Secretary.

What is the maximum number of members that can be appointed to the Central Zoo Authority under Section 38A(2)?

The number of members shall not exceed ten.

Who appoints the Chairperson, members, and Member-Secretary of the Central Zoo Authority under Section 38A(2)?

The Chairperson, members, and Member-Secretary are appointed by the Central Government.

What does Section 38B of the Wild Life (Protection) Act, 1972 deal with?

Section 38B deals with the term of office and conditions of service of the Chairperson and members

What is the maximum term of office for the Chairperson and members (other than the Member-Secretary) under Section 38B(1)?

The Chairperson and every member, other than the Member-Secretary, shall hold office for a period not exceeding three years as specified by the Central Government.

Can the Chairperson or a member resign before the completion of their term under Section 38B(2)?

Yes, the Chairperson or a member may resign by writing under their hand addressed to the Central Government.

Under what circumstances can the Central Government remove the Chairperson or a member under Section 38B(3)?

The Central Government may remove the Chairperson or a member if any of the conditions in sub-section (3)(a) to (f) are satisfied.

What happens if a Chairperson or member becomes an undischarged insolvent under Section 38B(3)(a)?

The Central Government shall remove the person from office.

Can a Chairperson or member be removed if convicted and sentenced for an offence involving moral turpitude under Section 38B(3)(b)?

Yes, if in the opinion of the Central Government the offence involves moral turpitude, the person shall be removed from office.

What is the effect if a Chairperson or member is declared of unsound mind by a competent court under Section 38B(3)(c)?

The Central Government shall remove the person from office.

Can a Chairperson or member be removed for refusing or becoming incapable of acting under Section 38B(3)(d)?

Yes, refusal or incapacity to act is a ground for removal.

Is absence from meetings a ground for removal of a Chairperson or member under Section 38B(3)(e)?

Yes, absence without leave from three consecutive meetings of the Authority is a ground for removal.

Can the Central Government remove a Chairperson or member for abusing their position under Section 38B(3)(f)?

Yes, if the Central Government is of the opinion that the person has abused their position to the detriment of public interest, they may be removed.

What safeguard is provided before removing a Chairperson or member under Section 38B(3)?

No person shall be removed unless that person has been given a reasonable opportunity of being heard in the matter.

How is a vacancy in the Central Zoo Authority filled under Section 38B(4)?

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

Who prescribes the salaries, allowances, and other conditions of appointment of the Chairperson, members, and Member-Secretary under Section 38B(5)?

The salaries, allowances, and other conditions of appointment shall be prescribed.

Can the Authority employ officers and other employees to carry out its purposes under Section 38B(6)?

Yes, the Authority may employ officers and other employees with the previous sanction of the Central Government.

Who determines the terms and conditions of service of the officers and employees of the Authority under Section 38B(7)?

The terms and conditions of service of the officers and other employees shall be as may be prescribed.

Can the acts or proceedings of the Authority be invalidated due to vacancies or defects in its constitution under Section 38B(8)?

No, no act or proceeding of the Authority shall be questioned or invalid merely on the ground of vacancies or defects in its constitution.

What does Section 38C of the Wild Life (Protection) Act, 1972 deal with?

Section 38C deals with the functions of the Authority.

What is the first function of the Authority under Section 38C(a)?

The Authority shall specify the minimum standards for housing, upkeep, and veterinary care of animals kept in a zoo.

What is the function of the Authority under Section 38C(b)?

The Authority shall evaluate and assess the functioning of zoos with respect to the prescribed standards or norms.

What power does the Authority have under Section 38C(c) regarding zoos?

The Authority can recognise or derecognise zoos.

What is the role of the Authority under Section 38C(d) related to endangered species?

The Authority shall identify endangered species of wild animals for captive breeding and assign responsibility to a zoo.

How does the Authority coordinate animal management under Section 38C(e)?

The Authority shall co-ordinate the acquisition, exchange, and loaning of animals for breeding purposes.

What is the responsibility of the Authority under Section 38C(f) regarding stud-books?

The Authority shall ensure maintenance of stud-books of endangered species of wild animals bred in captivity.

What is the role of the Authority under Section 38C(g) related to display in zoos?

The Authority shall identify priorities and themes for the display of captive animals in a zoo.

How does the Authority contribute to training under Section 38C(h)?

The Authority shall co-ordinate training of zoo personnel in India and outside India.

What is the research-related function of the Authority under Section 38C(i)?

The Authority shall co-ordinate research in captive breeding and educational programmes for the purposes of zoos.

How does the Authority assist zoos under Section 38C(j)?

The Authority shall provide technical and other assistance to zoos for proper management and development on scientific lines.

What is the general function of the Authority under Section 38C(k)?

The Authority shall perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos.

What does Section 38D of the Wild Life (Protection) Act, 1972 deal with?

Section 38D deals with the procedure to be regulated by the Authority.

When and where shall the Authority meet under Section 38D(1)?

The Authority shall meet as and when necessary at such time and place as the Chairperson may think fit.

Who regulates the procedure of the Authority under Section 38D(2)?

The Authority itself regulates its own procedure.

How are the orders and decisions of the Authority authenticated under Section 38D(3)?

All orders and decisions shall be authenticated by the Member-Secretary or any other officer duly authorised by the Member-Secretary.

What does Section 38E of the Wild Life (Protection) Act, 1972 deal with?

Section 38E deals with grants and loans to the Authority and the constitution of the Fund.

Who may provide grants and loans to the Authority under Section 38E(1)?

The Central Government may provide grants and loans to the Authority after due appropriation made by Parliament by law.

What is the name of the fund constituted under Section 38E(2)?

The fund is called the Central Zoo Authority Fund.

What types of sums are credited to the Central Zoo Authority Fund under Section 38E(2)?

The Fund receives grants and loans from the Central Government, all fees and charges received by the Authority under this Act, and sums from other sources as decided by the Central Government.

For what purposes shall the Central Zoo Authority Fund be applied under Section 38E(3)?

The Fund shall be applied for meeting salaries, allowances, and other remuneration of members, officers, and employees, and the expenses of the Authority in performing its functions and authorized objects.

What accounting obligations are placed on the Authority under Section 38E(4)?

The Authority shall maintain proper accounts and relevant records and prepare an annual statement of accounts in the form prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

Who audits the accounts of the Authority under Section 38E(5)?

The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India.

Who bears the cost of the audit of the Authority's accounts under Section 38E(5)?

Any expenditure incurred in connection with the audit shall be payable by the Authority to the Comptroller and Auditor-General.

What rights does the Comptroller and Auditor-General or their appointee have in connection with the audit under Section 38E(6)?

They have the same rights, privileges, and authority as in the audit of Government accounts, including demanding production of books, accounts, vouchers, documents, and inspecting Authority offices.

To whom must the Authority forward its accounts and audit report under Section 38E(7)?

The Authority must forward its certified accounts together with the audit report annually to the Central Government.

What does Section 38F of the Wild Life (Protection) Act, 1972 deal with?

Section 38F deals with the annual report

What is the obligation of the Authority regarding its annual report under Section 38F?

The Authority shall prepare an annual report for each financial year in the prescribed form and at the prescribed time.

What must the annual report prepared under Section 38F contain?

The annual report must give a full account of the activities of the Authority during the previous financial year.

To whom must the Authority forward its annual report under Section 38F?

The Authority must forward a copy of its annual report to the Central Government.

What does Section 38G of the Wild Life (Protection) Act, 1972 deal with?

Section 38G deals with the laying of the annual report and audit report to be laid before parliament

Who is responsible for laying the annual report and audit report before Parliament under Section 38G?

The Central Government is responsible for laying the reports before Parliament.

What documents must be laid before Parliament under Section 38G?

The annual report, a memorandum of action taken on recommendations, reasons for non-acceptance of any recommendations, and the audit report must be laid before Parliament.

Before which bodies must the reports be laid under Section 38G?

The reports must be laid before each House of Parliament.

When are the reports required to be laid before Parliament under Section 38G?

The reports shall be laid as soon as may be after they are received by the Central Government.

What is the subject matter of Section 38H of the Wild Life (Protection) Act, 1972?

Section 38H deals with recognition of zoos.

Can a zoo be operated without recognition under Section 38H(1)?

No zoo shall be operated without being recognised by the Authority.

What exception is provided for existing zoos under the proviso to Section 38H(1)?

A zoo operating immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 may continue without recognition for eighteen months from such commencement.

What happens if an existing zoo applies for recognition within the permitted period?

The zoo may continue to operate until the application is finally decided or withdrawn.

If recognition is refused, how long may the zoo continue thereafter?

For a further period of six months from the date of refusal.

What does Section 38H(1A) provide?

No zoo shall be established without prior approval of the Authority after commencement of the 2002 Amendment Act.

How must an application for recognition be made?

In the prescribed form and on payment of prescribed fee.

What must recognition specify?

Conditions, if any, subject to which the zoo shall operate.

On what basis can recognition be granted?

Satisfaction of the Authority having regard to wildlife protection, conservation, and prescribed standards and norms.

Is hearing mandatory before rejection?

Yes, reasonable opportunity of being heard is mandatory.

What power does the Authority have regarding recognition?

Power to suspend or cancel recognition for recorded reasons.

Is hearing required before suspension or cancellation?

Yes, reasonable opportunity of being heard is compulsory.

Against which orders does appeal lie?

Refusal of recognition or suspension/cancellation of recognition.

To whom does the appeal lie?

To the Central Government.

What is the limitation period for appeal?

Thirty days from communication of the order.

Can delayed appeals be entertained?

Yes, on sufficient cause being shown.

What is the subject matter of Section 38-I of the Wild Life (Protection) Act, 1972?

Section 38-I deals with acquisition of animals by a zoo.

Can a zoo acquire, sell or transfer animals under Schedules I and II freely?

No, it can do so only with the previous permission of the Authority.

To which animals does Section 38-I(1) apply?

Wild animals and captive animals specified in Schedules I and II.

From whom or to whom can a zoo acquire, sell or transfer animals under Section 38-I(2)?

Only from or to a recognised zoo.

Is transfer of animals between unrecognised zoos permitted?

No, transfer is permitted only between recognised zoos.

What is the object of Section 38-I?

To regulate movement of animals and ensure conservation and accountability through the Central Zoo Authority.

What is the subject matter of Section 38J of the Wild Life (Protection) Act, 1972?

Section 38J prohibition of teasing, etc., in a zoo.

What acts are prohibited inside a zoo under Section 38J?

Teasing, molesting, injuring, feeding animals, causing disturbance by noise or otherwise, and littering zoo grounds.

 

CHAPTER-IVB

NATIONAL TIGER CONSERVATION AUTHORITY

What does section 38K deals with?

Definitions under chapter 4B

Which provision defines the National Tiger Conservation Authority?

Section 38K(a).

What doesNational Tiger Conservation Authority” mean?

It means the Tiger Conservation Authority constituted under section 38L

What is meant by Steering Committee” defined under the section 38K(b) under this Chapter?

It means the Committee constituted under section 38U.

What does Tiger Conservation Foundation” mean defined under 38k(c) of the Act?

It refers to the foundation established under section 38X.

What is meant by a Tiger reserve State” defined under section 38K(d)?

A State having a tiger reserve.

What does “Tiger Reserve” means defined under the section 38K(e)?

“Tiger reserve” means the areas notified as such under section 38V.

What does Section 38L of the Wild Life (Protection) Act, 1972 deal with?

It deals with the Constitution of the National Tiger Conservation Authority.

Who constitutes the National Tiger Conservation Authority under the Act?

The Central Government.

For what purpose is the National Tiger Conservation Authority constituted?

To exercise the powers conferred on and to perform the functions assigned to it under the Act.

How is the National Tiger Conservation Authority referred to in this Chapter?

As the Tiger Conservation Authority.

Who is the Chairperson of the Tiger Conservation Authority?

The Minister in charge of the Ministry of Environment and Forests.

Who is the Vice-Chairperson of the Tiger Conservation Authority?

The Minister of State in the Ministry of Environment and Forests.

How many Members of Parliament are included in the Tiger Conservation Authority?

Three Members of Parliament.

From which Houses are the Members of Parliament elected to the Authority?

Two from the House of the People and one from the Council of States.

How many experts or professionals are included in the Authority?

Eight experts or professionals.

What qualifications must the experts or professionals possess?

Prescribed qualifications and experience in conservation of wildlife and welfare of people living in tiger reserves.

What minimum representation is required from the field of tribal development among the experts?

At least two experts shall be from the field of tribal development.

Is the Secretary, Ministry of Environment and Forests a member of the Authority?

Yes.

Is the Director General of Forests and Special Secretary, Ministry of Environment and Forests a member of the Authority?

Yes.

Is the Director, Wild Life Preservation, Ministry of Environment and Forests a member of the Authority?

Yes.

How many Chief Wild Life Wardens are members of the Authority?

Six.

From where are the Chief Wild Life Wardens appointed?

From the tiger reserve States.

What is the tenure of the Chief Wild Life Wardens in the Authority?

Three years in rotation.

Is there representation from the Ministry of Law and Justice in the Authority?

Yes, an officer not below the rank of Joint Secretary and Legislative Counsel.

Which Ministry provides representation through the Secretary for tribal affairs?

The Ministry of Tribal Affairs.

Which Ministry provides representation through the Secretary for social justice and empowerment?

The Ministry of Social Justice and Empowerment.

Is the Chairperson of the National Commission for the Scheduled Tribes a member of the Authority?

Yes.

Is the Chairperson of the National Commission for the Scheduled Castes a member of the Authority?

Yes.

Which Ministry provides representation through the Secretary for Panchayati Raj?

The Ministry of Panchayati Raj.

Who acts as the Member-Secretary of the Tiger Conservation Authority?

An Inspector-General of Forests or an officer of equivalent rank having at least ten years’ experience in a tiger reserve or wildlife management.

How is the Member-Secretary appointed?

By notification of the Central Government in the Official Gazette.

Does holding office as a member of the Tiger Conservation Authority disqualify a person from being chosen as or being a Member of Parliament?

No.

What declaration is made regarding membership of the Tiger Conservation Authority?

The office of member of the Authority shall not disqualify its holder from being chosen as or for being a member of either House of Parliament.

What does Section 38M of the Wild Life (Protection) Act, 1972 deal with?

It deals with the term of office and conditions of service of members of the National Tiger Conservation Authority.

Which members does Section 38M specifically apply to?

Members nominated under clause (d) of sub-section (2) of section 38L.

What is the maximum term of office of a nominated member under Section 38M?

Such period not exceeding three years.

Can a nominated member resign from office under Section 38M?

Yes, by writing under his hand addressed to the Central Government.

Who has the power to remove a nominated member under Section 38M?

The Central Government.

On what ground can a member be removed if he is adjudicated insolvent?

If he is or has at any time been adjudicated as insolvent.

Can a member be removed for conviction of an offence?

Yes, if convicted of an offence involving moral turpitude in the opinion of the Central Government.

Can unsoundness of mind be a ground for removal of a member?

Yes, if he is of unsound mind and stands so declared by a competent court.

Can refusal or incapacity to act lead to removal of a member?

Yes.

What happens if a member is absent from three consecutive meetings without leave?

He may be removed from office.

Can abuse of position be a ground for removal of a member?

Yes, if in the opinion of the Central Government his continuation in office is detrimental to the public interest.

Is a reasonable opportunity of being heard mandatory before removal of a member?

Yes.

How is a vacancy in the office of a member filled?

By fresh appointment.

For what duration does a newly appointed member serve in case of a vacancy?

For the remainder of the term of the member in whose place he is appointed.

Who prescribes the salaries and allowances of members of the Tiger Conservation Authority?

As may be prescribed.

Can proceedings of the Tiger Conservation Authority be invalidated due to vacancies or defects in constitution?

No.

What protection is provided regarding acts or proceedings of the Authority?

They shall not be questioned or invalid merely due to vacancy or defect in constitution.

What does Section 38N of the Wild Life (Protection) Act, 1972 deal with?

It deals with the officers and employees of the Tiger Conservation Authority

Who has the power to appoint officers and employees of the Tiger Conservation Authority?

The Tiger Conservation Authority, with the previous sanction of the Central Government.

For what purpose can officers and employees be appointed under Section 38N?

For the efficient discharge of the functions of the Tiger Conservation Authority under the Act.

Is prior approval required before appointing officers and employees?

Yes, previous sanction of the Central Government is mandatory.

What happens to officers and employees of the Directorate of Project Tiger at the time of constitution of the Tiger Conservation Authority?

They shall continue to hold office in the Tiger Conservation Authority.

On what basis do Project Tiger officers and employees continue in the Authority?

By the same tenure and upon the same terms and conditions of service.

What option is available to a Project Tiger employee who does not wish to continue in the Authority?

Such employee may opt not to be an employee of the Authority.

What is the maximum period for which a Project Tiger employee may continue if he opts not to be an employee of the Authority?

Until the expiry of six months from the date of constitution of the Authority.

Who prescribes the terms and conditions of service of officers and employees of the Tiger Conservation Authority?

As may be prescribed.

What does Section 38O of the Wild Life (Protection) Act, 1972 deal with?

It lays down the powers and functions of the National Tiger Conservation Authority.

What authority is empowered under Section 38O to approve Tiger Conservation Plans?

The National Tiger Conservation Authority.

Which Tiger Conservation Plan requires approval under Section 38O?

The plan prepared by the State Government under section 38V(5).

What ecological activities can be evaluated and disallowed by the Authority?

Ecologically unsustainable land uses such as mining, industry and other projects within tiger reserves.

What role does the Authority play in regulating tourism in tiger reserves?

It lays down normative standards for tourism activities and guidelines for Project Tiger and ensures their compliance.

In which areas are tourism standards applicable under Section 38O?

In the buffer and core areas of tiger reserves.

How does the Authority address human–wildlife conflict?

By providing management focus and measures emphasising coexistence in forest areas outside protected areas.

Where are coexistence measures to be emphasised under Section 38O?

In the working plan code for forest areas outside National Parks, sanctuaries or tiger reserves.

What kind of conservation-related information does the Authority provide?

Information on protection measures, population estimation, habitat status, disease surveillance, mortality surveys, patrolling and future conservation plans.

What research-related powers are conferred on the Authority?

To approve, coordinate and monitor research on tigers, co-predators, prey, habitat and socio-economic parameters.

Can tiger reserves or connecting corridors be diverted for other uses?

No, except in public interest with approval of the National Board for Wild Life and on the advice of the Authority.

What role does the Authority play in eco-development and public participation?

It facilitates and supports biodiversity conservation initiatives through eco-development and people’s participation.

Are conservation initiatives supported beyond tiger reserves?

Yes, in adjoining areas consistent with Central and State laws.

What type of institutional support does the Authority ensure?

Scientific, information technology and legal support for effective implementation of tiger conservation plans.

How does the Authority contribute to capacity building?

By facilitating ongoing skill development programmes for officers and staff of tiger reserves.

Can the Authority perform functions beyond those specifically listed?

Yes, any other functions necessary to carry out the purposes of the Act regarding tiger conservation.

Does the Authority have the power to issue binding directions?

Yes, it may issue written directions for protection of tigers and tiger reserves.

Who is bound to comply with directions issued under Section 38O?

Any person, officer or authority to whom such directions are issued.

What limitation is placed on the Authority’s power to issue directions?

Directions shall not interfere with or affect the rights of local people, particularly Scheduled Tribes.

What does Section 38P of the Wild Life (Protection) Act, 1972 deal with?

It lays down the procedure to be regulated by the National Tiger Conservation Authority.

Who decides the time and place of meetings of the Tiger Conservation Authority?

The Chairperson.

Who presides over the meetings of the Tiger Conservation Authority?

The Chairperson.

Who presides over the meetings in the absence of the Chairperson?

The Vice-Chairperson.

Who has the power to regulate the procedure of the Tiger Conservation Authority?

The Tiger Conservation Authority itself.

How are orders and decisions of the Tiger Conservation Authority authenticated?

By the Member-Secretary or any other officer duly authorised by the Member-Secretary.

What does Section 38Q of the Wild Life (Protection) Act, 1972 deal with?

It deals with grants and loans to the Tiger Conservation Authority and the constitution of a dedicated Fund.

Who has the power to provide grants and loans to the Tiger Conservation Authority?

The Central Government.

What condition must be fulfilled before grants or loans are made under Section 38Q?

Due appropriation made by Parliament by law.

What is the name of the Fund constituted under Section 38Q?

The Tiger Conservation Authority Fund.

What sources are credited to the Tiger Conservation Authority Fund?

Grants and loans from the Central Government, fees and charges received under the Act, and sums from other sources decided by the Central Government.

For what purposes can the Tiger Conservation Authority Fund be used?

For payment of salaries, allowances and remuneration of members, officers and employees, and expenses incurred in discharge of functions under the Chapter.

What does Section 38R of the Wild Life (Protection) Act, 1972 deal with?

It deals with the accounts and audit of the Tiger Conservation Authority.

What is the obligation of the Tiger Conservation Authority regarding maintenance of accounts?

It shall maintain proper accounts and relevant records and prepare an annual statement of accounts.

In what form are the accounts of the Tiger Conservation Authority prepared?

In such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

Who audits the accounts of the Tiger Conservation Authority?

The Comptroller and Auditor-General of India.

At what intervals are the accounts of the Tiger Conservation Authority audited?

At such intervals as may be specified by the Comptroller and Auditor-General of India.

Who bears the expenditure incurred in connection with the audit?

The Tiger Conservation Authority.

What rights does the Comptroller and Auditor-General of India have during audit of the Tiger Conservation Authority?

The same rights and privileges as in audit of Government accounts.

What specific powers does the Comptroller and Auditor-General of India have during such audit?

To demand production of books, accounts, vouchers and documents and to inspect the office of the Tiger Conservation Authority.

To whom are the audited accounts and audit report forwarded?

To the Central Government.

Who forwards the audited accounts and audit report to the Central Government?

The Tiger Conservation Authority.

How frequently are the audited accounts and audit report forwarded?

Annually.

What does Section 38S of the Wild Life (Protection) Act, 1972 deal with?

It deals with the annual report of the Tiger Conservation Authority.

What is the duty of the Tiger Conservation Authority under Section 38S?

To prepare an annual report for each financial year.

In what manner is the annual report prepared?

In such form and at such time as may be prescribed.

What does the annual report of the Tiger Conservation Authority contain?

A full account of its activities during the previous financial year.

To whom is the annual report forwarded?

The Central Government.

What does Section 38T of the Wild Life (Protection) Act, 1972 deal with?

It deals with laying of the annual report and audit report before Parliament.

Who is responsible for laying the reports before Parliament?

The Central Government.

Which documents are required to be laid before Parliament?

The annual report, memorandum of action taken on recommendations, reasons for non-acceptance if any, and the audit report.

What does the memorandum laid before Parliament contain?

Action taken on recommendations relating to the Central Government and reasons for non-acceptance, if any.

Before which authority are these reports laid?

Each House of Parliament.

When are the reports laid before Parliament?

As soon as may be after the reports are received.

What does Section 38U of the Wild Life (Protection) Act, 1972 deal with?

It deals with the constitution of a Steering Committee.

Who may constitute the Steering Committee under Section 38U?

The State Government.

For what purpose is the Steering Committee constituted?

For ensuring coordination, monitoring, protection and conservation of tiger, co-predators and prey animals.

Within which area does the Steering Committee function?

Within the tiger range States.

Who is the Chairperson of the Steering Committee?

The Chief Minister.

Who is the Vice-Chairperson of the Steering Committee?

The Minister in-charge of Wild Life.

What is the maximum number of official members in the Steering Committee?

Not exceeding five.

Who must be included among the official members?

At least two Field Directors of tiger reserve or Director of National Park and one from the State Government department dealing with tribal affairs.

How many experts or professionals are included in the Steering Committee?

Three.

What qualifications must the experts or professionals possess?

Qualifications and experience in conservation of wild life.

From which field must at least one expert be included?

Tribal development.

How many members are included from the State’s Tribal Advisory Council?

Two.

From which departments are representatives included in the Steering Committee?

Panchayati Raj and Social Justice and Empowerment.

How many representatives are included from Panchayati Raj and Social Justice and Empowerment departments?

One each.

Who acts as the Member-Secretary of the Steering Committee?

The Chief Wild Life Warden of the State.

In what capacity does the Chief Wild Life Warden act as Member-Secretary?

Ex officio.

How is the Steering Committee formally notified?

By notification in the Official Gazette by the State Government.

What does Section 38V of the Wild Life (Protection) Act, 1972 deal with?

It deals with the Tiger Conservation Plan.

Who notifies an area as a tiger reserve under Section 38V?

The State Government.

On whose recommendation is an area notified as a tiger reserve?

On the recommendation of the Tiger Conservation Authority.

Which provisions apply to a tiger reserve as they apply to a sanctuary?

Section 18(2), Section 27(2), (3) and (4), Sections 30 and 32, and clauses (b) and (c) of Section 33.

How are these provisions applied to tiger reserves?

As far as may be, as they apply to sanctuaries.

Who prepares the Tiger Conservation Plan?

The State Government.

For which areas is the Tiger Conservation Plan prepared?

For each area notified as a tiger reserve.

What must the Tiger Conservation Plan include?

Staff development and deployment plan.

What is the purpose of preparing a Tiger Conservation Plan?

Proper management of the tiger reserve.

What is the first objective ensured under the Tiger Conservation Plan?

Protection of the tiger reserve and providing site-specific habitat inputs.

For which species must viable populations be ensured?

Tigers, co-predators and prey animals.

What ecological principle must not be distorted?

The natural prey–predator ecological cycle.

What land use does the Tiger Conservation Plan promote?

Ecologically compatible land uses.

In which areas are such land uses promoted?

Tiger reserves and areas linking one protected area or tiger reserve with another.

Why are ecologically compatible land uses promoted?

To address livelihood concerns of local people.

What additional ecological purpose is served by such land use?

To provide dispersal habitats and corridors for spill-over population of wild animals.

From which areas does spill-over population occur?

Core areas of tiger reserves or tiger breeding habitats within other protected areas.

What must be ensured regarding forestry operations under the Tiger Conservation Plan?

Forestry operations are not incompatible with tiger conservation.

Which forestry operations are covered?

Operations of regular forest divisions and those adjoining tiger reserves.

What must the State Government ensure while preparing the Tiger Conservation Plan?

Agricultural, livelihood, developmental and other interests of the people.

Which people’s interests must be protected?

People living in tiger bearing forests or a tiger reserve.

Subject to which law is this obligation imposed?

Subject to the provisions of this Act.

For the purposes of Section 38V, what does the expression “tiger reserve” include?

Core or critical tiger habitat areas and buffer or peripheral areas.

What are core or critical tiger habitat areas?

Areas of National Parks and sanctuaries required to be kept inviolate for tiger conservation.

On what basis are core or critical tiger habitats identified?

Scientific and objective criteria.

What condition applies regarding rights while declaring core areas?

Without affecting the rights of Scheduled Tribes or other forest dwellers.

Who notifies core or critical tiger habitat areas?

The State Government.

In consultation with whom are core areas notified?

An Expert Committee constituted for the purpose.

What is a buffer or peripheral area?

Area peripheral to the core or critical tiger habitat.

How is a buffer area identified and established?

On scientific and objective criteria in consultation with Gram Sabha and an Expert Committee.

What level of habitat protection applies in buffer areas?

A lesser degree of habitat protection.

What is the purpose of buffer areas?

To ensure integrity of critical tiger habitat with adequate dispersal.

What approach governs buffer areas?

Promotion of co-existence between wildlife and human activity.

Whose rights are recognised in buffer areas?

Livelihood, developmental, social and cultural rights of local people.

Who determines the limits of buffer areas?

Based on scientific and objective criteria in consultation with Gram Sabha and Expert Committee.

What does Section 38V(5) primarily safeguard?

It safeguards the rights of Scheduled Tribes and other forest dwellers.

For what purpose does Section 38V(5) impose restrictions?

Creation of inviolate areas for tiger conservation.

Is involuntary resettlement of Scheduled Tribes or forest dwellers permitted?

No, except in accordance with conditions laid down in Section 38V(5).

What type of relocation is expressly permitted?

Voluntary relocation on mutually agreed terms and conditions.

What must voluntary relocation satisfy?

The requirements laid down in sub-section (5).

When can rights of Scheduled Tribes or forest dwellers be adversely affected?

Only when all conditions under clauses (i) to (vi) are fulfilled.

What is the first mandatory condition before resettlement?

Completion of recognition and determination of rights.

Which rights must be recognised and determined?

Land or forest rights of Scheduled Tribes and other forest dwelling persons.

Who must establish the ecological impact of human activity?

Concerned agencies of the State Government.

Under which authority do such agencies act?

In exercise of their powers under this Act.

Whose consent is required to establish ecological impact?

Consent of Scheduled Tribes and other forest dwellers.

In consultation with whom must the impact be assessed?

An ecological and social scientist familiar with the area.

What must be established regarding human activity?

That it causes irreversible damage.

What must such damage threaten?

The existence of tigers and their habitat.

What must the State Government conclude under clause (iii)?

That other reasonable options of co-existence are not available.

Whose consent is required for this conclusion?

Consent of Scheduled Tribes and other forest dwellers inhabiting the area.

In consultation with whom must this conclusion be reached?

An independent ecological and social scientist familiar with the area.

What must be prepared before resettlement under clause (iv)?

A resettlement or alternative package.

What must the resettlement or alternative package provide?

Livelihood for affected individuals and communities.

Which policy must the package comply with?

The National Relief and Rehabilitation Policy.

What consent is required under clause (v)?

Informed consent.

Whose informed consent is mandatory?

Gram Sabha concerned and the persons affected.

Consent is required for what purpose?

The resettlement programme.

What must be provided at the resettlement location under clause (vi)?

The facilities and land allocation at the resettlement location are provided under the said programme, otherwise their existing rights shall not be interfered with.

What does the Section 38W deals with?

Alteration and de-notification of tiger reserves.

Can boundaries of a tiger reserve be altered freely?

No.

On whose recommendation can alteration of boundaries be made?

Tiger Conservation Authority.

Whose approval is mandatory for alteration of boundaries?

National Board for Wild Life.

Can a State Government de-notify a tiger reserve on its own?

No.

On what ground can a tiger reserve be de-notified?

Public interest.

Whose approval is required for de-notification of a tiger reserve?

Tiger Conservation Authority and National Board for Wild Life.

Which authority has the primary role in safeguarding alteration decisions?

Tiger Conservation Authority.

Which body gives final statutory approval in both alteration and de-notification?

National Board for Wild Life.

What is the subject matter of Section 38X?

Establishment of Tiger Conservation Foundation.

Who shall establish the Tiger Conservation Foundation?

State Government.

For what area is the Foundation established?

Tiger reserves within the State.

What is the primary purpose of establishing the Foundation?

To facilitate and support management for conservation of tiger and biodiversity.

What developmental approach is emphasised under Section 38X?

Eco-development with involvement of people.

What type of development does the Foundation aim to facilitate?

Ecological, economic, social and cultural development.

What role does the Foundation play in eco-tourism?

Promotion of eco-tourism with involvement of local stakeholder communities.

What environmental responsibility is attached to eco-tourism promotion?

Safeguarding the natural environment.

What kind of assets can the Foundation create or maintain?

Assets necessary to fulfil its objectives.

What types of support can the Foundation solicit?

Technical, financial, social, legal and other support.

What financial mechanism can the Foundation use to mobilise resources?

Recycling of entry and other fees received in a tiger reserve.

For what purpose are financial resources mobilised?

Stake-holder development and eco-tourism.

Which academic and capacity-building activities are supported by the Foundation?

Research, environmental education and training.

 

CHAPTER-IVC

TIGER AND OTHER ENDANGERED SPECIES CRIME CONTROL BUREAU

What is the subject matter of Section 38Y?

Constitution of Tiger and other Endangered Species Crime Control Bureau.

Which Government is empowered to constitute the Bureau under Section 38Y?

Central Government.

For what purposes is the Bureau constituted?

For the purposes of the Wild Life (Protection) Act.

By what mode is the Bureau constituted?

By order published in the Official Gazette.

What is the official name of the Bureau constituted under Section 38Y?

Wildlife Crime Control Bureau.

Who is the Director of the Wildlife Crime Control Bureau?

Director of Wildlife Preservation ex officio.

Who holds the position of Additional Director in the Bureau?

Inspector-General of Police.

Who is appointed as Joint Director from the police hierarchy?

Deputy Inspector-General of Police.

Who is appointed as Joint Director from the forest hierarchy?

Deputy Inspector-General of Forests.

Who represents Customs and Central Excise in the Bureau as Joint Director?

Additional Commissioner of Customs and Central Excise.

From where can other officers be appointed to the Bureau?

From amongst officers covered under sections 3 and 4 of the Act.

Is the Bureau a permanent statutory body or constituted by executive order?

Constituted by executive order.

What is the nature of positions mentioned in clauses (a) to (e)?

Ex officio statutory appointments.

Which enforcement domains are integrated in the Bureau?

Wildlife, police, forests and customs.

What is the core objective behind creating the Bureau?

Control of crimes relating to tigers and other endangered species.

What does Section 38Z deal with?

Powers and functions of the Wildlife Crime Control Bureau.

Is the exercise of powers by the Bureau absolute?

No, it is subject to the provisions of the Act.

What is the primary intelligence-related function of the Bureau?

To collect and collate intelligence related to organised wildlife crime activities.

To whom is wildlife crime intelligence disseminated by the Bureau?

State and other enforcement agencies.

Why is intelligence disseminated to enforcement agencies?

For immediate action and apprehension of criminals.

What data system is the Bureau required to establish?

A centralised wildlife crime data bank.

What coordination role does the Bureau perform?

Coordination of actions by officers, State Governments and other authorities for enforcement of the Act.

How can the Bureau carry out coordination functions?

Directly or through regional and border units set up by it.

What international responsibility does the Bureau have?

Implementation of obligations under international conventions and protocols relating to wildlife.

Do the Bureau’s international obligations extend to future conventions?

Yes, including conventions ratified or acceded to by India in future.

Can the Bureau assist foreign authorities?

Yes, it may assist concerned authorities in foreign countries.

Which organisations can the Bureau assist at the international level?

Concerned international organisations.

What is the objective of international assistance by the Bureau?

To facilitate coordination and universal action for wildlife crime control.

What investigative role does the Bureau perform?

Development of infrastructure and capacity building for scientific and professional investigation into wildlife crimes.

How does the Bureau support State Governments?

By assisting them to ensure success in wildlife crime prosecutions.

What advisory role does the Bureau perform?

Advising the Government of India on wildlife crimes with national and international ramifications.

Can the Bureau suggest legal or policy changes?

Yes, it may suggest changes in relevant policies and laws from time to time.

Under which provision can powers be delegated to the Bureau?

Section 5(1) of the Act.

Which powers under Section 50 can the Bureau exercise?

Powers under sub-sections (1) and (8) of section 50.

Which additional enforcement power can the Bureau exercise?

Powers under section 55 of the Act.

Can the Bureau exercise powers other than those expressly mentioned?

Yes, such other powers as may be prescribed.

Is the Bureau primarily an enforcement body or a coordination and intelligence body?

It is both an intelligence-coordination and enforcement-support body.

 

CHAPTER-V

TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES

What does Section 39 of the Wild Life (Protection) Act, 1972 deal with?

Wild animals, etc., to be Government property

Which wild animals are declared Government property under Section 39?

Any wild animal other than vermin that is hunted under authorised provisions, hunted or bred in captivity in contravention of the Act, found dead, killed by mistake, or involved in an offence.

Does Section 39 apply to animals hunted lawfully under specific provisions?

Yes, animals hunted under section 11, section 29(1) or section 35(6) are included.

Are animals bred in captivity in violation of the Act treated as Government property?

Yes.

Are wild animals found dead or killed by mistake treated as Government property?

Yes.

What animal-derived items are declared Government property under Section 39?

Animal articles, trophies, uncured trophies or meat derived from such wild animals.

When do animal articles or trophies become Government property?

When an offence against the Act or any rule or order made thereunder has been committed.

Is illegally imported ivory treated as Government property?

Yes, ivory imported into India and articles made from such ivory involved in an offence are Government property.

Are vehicles and tools used in wildlife offences covered under Section 39?

Yes, vehicles, vessels, weapons, traps or tools used in committing an offence and seized under the Act.

Who owns wild animals hunted in sanctuaries or National Parks declared by the Central Government?

The Central Government.

Who owns wild animals and related property in other cases?

The State Government.

What must a person do upon obtaining possession of Government property under Section 39?

Report such possession within forty-eight hours to the nearest police station or authorised officer.

To whom must the report of possession be made?

The nearest police station or the authorised officer.

Is the person required to hand over the Government property?

Yes, if so required by the officer-in-charge or authorised officer.

Can a person acquire or keep Government property without permission?

No.

Can Government property be transferred without permission?

No, whether by gift, sale or otherwise.

Can Government property be destroyed or damaged without permission?

No.

Whose prior written permission is required for dealing with Government property?

The Chief Wild Life Warden or the authorised officer.

What does Section 40 of the Wild Life (Protection) Act, 1972 deal with?

It deals with declarations

Who is required to make a declaration under Section 40 at the commencement of the Act?

Every person having control, custody or possession of specified captive animals or related articles at the commencement of the Act.

Which animals are covered under the declaration requirement of sub-section (1)?

Captive animals specified in Schedule I or Part II of Schedule II.

Which animal-derived items must be declared under sub-section (1)?

Animal articles, trophies, uncured trophies, salted or dried skins, musk of a musk deer and horn of a rhinoceros.

Within what time must the declaration under sub-section (1) be made?

Within thirty days from the commencement of the Act.

To whom must the declaration under sub-section (1) be made?

The Chief Wild Life Warden or the authorised officer.

What details must be included in the declaration?

The number and description of the animal or article and the place where it is kept.

What restriction is imposed under sub-section (2) after commencement of the Act?

No person shall acquire, receive, keep, sell, offer for sale, transfer or transport specified animals or articles without prior written permission.

Which authority’s permission is required under sub-section (2)?

The Chief Wild Life Warden or the authorised officer.

Which items are covered under the prohibition in sub-section (2)?

Animals in Schedule I or Part II of Schedule II, uncured trophies, meat, salted or dried skins, musk of a musk deer and horn of a rhinoceros.

Who is prohibited from acquiring specified animals or articles under sub-section (2A)?

Any person other than one having a certificate of ownership.

What is the only exception permitted under sub-section (2A)?

Acquisition by way of inheritance.

What obligation is imposed on a person inheriting specified animals or articles?

To make a declaration within ninety days of inheritance.

To whom must the inheritance declaration be made?

The Chief Wild Life Warden or the authorised officer.

Which provisions apply to inheritance declarations under sub-section (2B)?

Sections 41 and 42, as if the declaration were made under section 40(1).

Which animal is exempted from the application of sub-sections (2A) and (2B)?

The live elephant.

To whom do sub-sections (1) and (2) not apply under sub-section (3)?

A recognised zoo and a public museum.

Under what condition is a recognised zoo exempted?

Subject to the provisions of section 38-I.

What power is conferred on the State Government under sub-section (4)?

To require declarations of specified animals or article

What does Section 40A of the Wild Life (Protection) Act, 1972 deal with?

It provides immunity in certain cases

Notwithstanding which provisions can declarations be required under Section 40A?

Notwithstanding sub-sections (2) and (4) of section 40.

Who has the power to require fresh declarations under Section 40A?

The Central Government.

By what mode can the Central Government require declarations under Section 40A?

By notification.

What items can be required to be declared under Section 40A?

Captive animals, animal articles, trophies or uncured trophies derived from animals specified in Schedule I or Part II of Schedule II.

In what situation can declarations be required under Section 40A?

Where no declaration had been made earlier under section 40(1) or section 40(4).

To whom must declarations under Section 40A be made?

The Chief Wild Life Warden or the authorised officer.

How are declarations under Section 40A to be made?

In such form, manner and within such time as may be prescribed.

What is the effect of Section 40A on past actions taken for violation of section 40?

Such actions shall not be proceeded with.

What happens to pending proceedings for violations of section 40 prior to the 2002 Amendment?

All such proceedings shall stand abated.

How are items declared under Section 40A to be dealt with?

In such manner and subject to such conditions as may be prescribed.

What does Section 41 of the Wild Life (Protection) Act, 1972 deal with?

It deals with inquiry and preparation of inventories

Who may act upon receipt of a declaration under section 40?

The Chief Wild Life Warden or the authorised officer.

What authority is granted under Section 41 to enter premises?

The authority to enter upon the premises of the declarant.

For what purpose may premises be entered under Section 41?

For making inquiries and preparing inventories.

What items may be inventoried under Section 41?

Animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I and Part II of Schedule II.

What additional power is conferred regarding identification under Section 41?

To affix identification marks on animals or articles.

How are identification marks to be affixed under Section 41?

In such manner as may be prescribed.

Can identification marks be altered or forged?

No, obliteration or counterfeiting of identification marks is prohibited.

What does Section 42 of the Wild Life (Protection) Act, 1972 deal with?

It deals with the issuance of certificates of ownership.

Who may issue a certificate of ownership under Section 42?

The Chief Wild Life Warden.

For what purpose is a certificate of ownership issued?

For the purposes of section 40.

To whom may a certificate of ownership be issued?

A person who is in lawful possession of specified animals or articles.

Which items can be covered by a certificate of ownership?

Wild animals, animal articles, trophies and uncured trophies.

Can items be marked for identification after issuing a certificate of ownership?

Yes, where possible, they may be marked in the prescribed manner.

What condition must be satisfied before issuing a certificate of ownership for a captive animal?

The applicant must have adequate facilities for housing, maintenance and upkeep of the animal.

Who must ensure adequacy of facilities before issuing the certificate?

The Chief Wild Life Warden.

What does Section 43 deal with?

Regulation of transfer of animals

Who is covered under the prohibition in Section 43?

A person holding captive animals or animal articles with a certificate of ownership.

Is sale of captive animals permitted under Section 43?

No, sale or offer for sale is prohibited.

Can a person transfer such animals for commercial consideration?

No, any mode of consideration of commercial nature is prohibited.

What items are covered under the transfer prohibition?

Captive animals, animal articles, trophies and uncured trophies.

Does the prohibition apply only to sale?

No, it applies to sale, offer for sale and any commercial transfer.

What obligation arises when such property is transferred or transported between States?

The transfer or transport must be reported.

Within what time must the transfer or transport be reported?

Within thirty days.

To whom must the transfer or transport be reported?

The Chief Wild Life Warden or the authorised officer.

Which officer has jurisdiction for reporting?

The officer within whose jurisdiction the transfer or transport is effected.

Does Section 43 apply to all animal articles without exception?

No, certain exceptions are provided.

Is the tail feather of a peacock covered under Section 43?

No, it is expressly excluded.

Are animal articles or trophies made from peacock tail feathers exempted?

Yes, they are exempted.

Does Section 43 apply to transfers between recognised zoos?

No, such transfers are exempted.

Which provision governs transfers between recognised zoos?

Section 38-I.

Are transfers between zoos and public museums exempted?

Yes, transfers amongst zoos and public museums are exempted.

Is a certificate of ownership sufficient to permit commercial transfer?

No, commercial transfer is prohibited despite ownership.

Is reporting required even when transfer is lawful?

Yes, inter-State transfer or transport must still be reported.

Is Section 43 regulatory or prohibitory in nature?

It is primarily prohibitory with limited regulatory obligations.

What is the subject matter of Section 44 of the Wild Life (Protection) Act, 1972?

Section 44 prohibits dealings in trophy and animal articles without a licence prohibited.

Under what condition can activities under Section 44 be carried on?

Such activities can be carried on only under and in accordance with a licence granted under sub-section (4), subject to Chapter VA.

Which businesses cannot be commenced or carried on without a licence under Section 44?

Manufacturing or dealing in animal articles, taxidermy, dealing in trophies or uncured trophies, dealing in captive animals, and dealing in meat.

Is cooking or serving meat regulated under Section 44?

Yes, cooking or serving meat in any eating-house requires a licence.

Does Section 44 regulate dealing in snake venom?

Yes, deriving, collecting, preparing, or dealing in snake venom requires a licence.

What transitional protection is provided to existing businesses under Section 44?

Existing businesses may continue for 30 days from commencement or until their licence application is decided if applied within that period.

Who is exempted from the application of Section 44(1)?

Dealers in peacock tail feathers and articles made therefrom and manufacturers of such articles are exempt.

What does “eating-house” mean under Section 44?

It includes a hotel, restaurant, or any place where food is served for payment, whether separately charged or included in lodging charges.

What declaration is required under Section 44(2)?

Manufacturers, dealers, taxidermists, and dealers in captive animals or trophies must declare their stock within 15 days to the Chief Wild Life Warden.

What power does the Chief Wild Life Warden have regarding declared stock?

He or the authorised officer may place identification marks on the declared items.

Who can apply for a licence under Section 44(3)?

Any person referred to in sub-section (1) intending to obtain a licence may apply.

To whom must the licence application be made?

The application must be made to the Chief Wild Life Warden or the authorised officer.

How must a licence application be made under Section 44(4)(a)?

It must be made in the prescribed form and with the prescribed fee.

What considerations are relevant for grant of licence under Section 44(4)(b)?

Antecedents, previous experience, impact on wildlife, prescribed matters, and inquiry satisfaction of the authority.

What must every licence specify under Section 44(5)?

The premises and conditions subject to which the business is carried on.

What is the validity period of a licence under Section 44(6)?

Every licence is valid for one year from the date of grant.

Is a licence under Section 44 transferable?

No, the licence is not transferable.

Can a licence under Section 44 be renewed?

Yes, it can be renewed for a period not exceeding one year at a time.

When can renewal of a licence be rejected under Section 44(7)?

If the application is late, statements were false, licence conditions or the Act were violated, or prescribed conditions are not fulfilled.

Is an opportunity of hearing mandatory before rejecting renewal?

Yes, a reasonable opportunity of being heard must be given.

In what form must orders granting or rejecting licences be made?

Every such order must be made in writing.

Does Section 44 apply to vermin?

No, Section 44 does not apply in relation to vermin.

What does Section 45 of the Wild Life (Protection) Act deals with?

Power to suspend or cancel licences.

Who may suspend or cancel a licence under Section 45?

The Chief Wild Life Warden or the authorised officer.

Which licences can be suspended or cancelled under Section 45?

Licences granted or renewed under section 44.

Is the power under Section 45 subject to any control?

Yes, subject to general or special orders of the State Government.

Is recording of reasons mandatory for suspension or cancellation?

Yes.

In what form must reasons be recorded?

In writing.

Can a licence be suspended or cancelled without hearing the licence holder?

No.

What safeguard is provided before suspension or cancellation?

Reasonable opportunity of being heard.

What is the subject matter of Section 46 of the Wild Life (Protection) Act, 1972?

Section 46 provides for purchase

Against which orders does an appeal lie under Section 46(1)?

An appeal lies against an order refusing to grant or renew a licence under Section 44 or an order suspending or cancelling a licence under Section 45.

Where does an appeal lie if the impugned order is passed by the authorised officer?

The appeal lies to the Chief Wild Life Warden.

Where does an appeal lie if the impugned order is passed by the Chief Wild Life Warden?

The appeal lies to the State Government.

Is a second appeal provided under Section 46?

Yes, a second appeal lies to the State Government against an appellate order passed by the Chief Wild Life Warden.

When does the second appeal lie under Section 46(2)?

When the first appellate order is passed by the Chief Wild Life Warden under Section 46(1)(a).

What is the finality clause under Section 46(3)?

Subject to the provision of second appeal, every order passed in appeal under this section is final.

What is the limitation period for filing an appeal under Section 46(4)?

An appeal must be filed within thirty days from the date of communication of the order appealed against.

Can an appeal be admitted after the limitation period under Section 46?

Yes, the appellate authority may admit a delayed appeal if sufficient cause for delay is shown.

What obligation is imposed under Section 47?

Maintenance of records.

Who is required to maintain records under Section 47?

A licensee under this Chapter.

What kind of records must be maintained?

Records of dealings and prescribed returns.

To whom must returns be submitted?

The Director or authorised officer and the Chief Wild Life Warden or authorised officer.

Are records required to be produced on demand?

Yes.

For what purpose can records be demanded?

Inspection.

Who may inspect the records?

Officers authorised under the Act.

What does Section 48 of the Wild Life (Protection) Act deal with?

Purchase of animals, etc., by licensee.

Who is governed by the prohibitions under Section 48?

A licensee under this Chapter.

Can a licensee keep any animal or animal article without declaration under section 44(2)?

No.

What items are prohibited from possession if declaration under section 44(2) is not made?

Animal, animal article, trophy or uncured trophy.

Is a licensee allowed to possess unlawfully acquired wildlife articles?

No.

Which items must be lawfully acquired to be possessed by a licensee?

Animal, animal article, trophy, uncured trophy or meat.

Is capture of a wild animal permitted to a licensee?

No.

Can a licensee acquire or sell captive animals specified in Schedule I or Part II of Schedule II freely?

No.

Which activities relating to Schedule I and Part II Schedule II animals are prohibited?

Acquisition, receipt, possession, sale, offer for sale, transport, serving meat, taxidermy or making animal articles.

When can such activities be undertaken by a licensee?

Only in accordance with rules made under the Act.

Is inter-State transfer or transport of such animals or articles permitted without permission?

No.

Whose prior written permission is required for inter-State transfer or transport?

The Director or an officer authorised by him.

On what condition can permission for inter-State transfer or transport be granted?

Satisfaction that the animal or article has been lawfully acquired.

What does Section 48A of the Wild Life (Protection) Act deal with?

Restriction on transportation of wildlife.

Who is prohibited from accepting wildlife for transportation under Section 48A?

Any person.

Which animals are covered under Section 48A?

Any wild animal other than vermin.

What other items are covered under the restriction of Section 48A?

Animal article, specified plant or part or derivative thereof.

What condition must be fulfilled before accepting wildlife for transportation?

Due care must be exercised to ascertain that permission has been obtained.

Whose permission is required for transportation under Section 48A?

The Chief Wild Life Warden or any other officer authorised by the State Government.

What is the nature of duty imposed on the transporter under Section 48A?

Duty to exercise due care.

What does Section 49 of the Wild Life (Protection) Act relate to?

Purchase of captive animal, etc., by a person other than a licensee.

Who is regulated under Section 49?

A person other than a licensee.

Which animals are covered under Section 49?

Captive animal and wild animal other than vermin.

Which wildlife articles are included under Section 49?

Animal article, trophy, uncured trophy or meat derived therefrom.

From whom can such animals or articles be lawfully purchased or acquired?

A dealer or a person authorised under the Act.

Is purchase from an unauthorised person permitted under Section 49?

No.

Which institutions are exempted from the application of Section 49?

A recognised zoo and a public museum.

To what condition is the exemption granted to recognised zoos subject?

Provisions of section 38-I.

 

CHAPTER-VA

PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS

What is the focus of Section 49A of the Wild Life (Protection) Act?

Definitions in this Chapter.

What is a “Scheduled animal” under Section 49A(a)?

An animal specified for the time being in Schedule I or Part II of Schedule II.

What is a “Scheduled animal article” under Section 49A(b)?

An article made from any Scheduled animal, including an article or object in which the whole or any part of such animal has been used.

Which items are excluded from the definition of “Scheduled animal article”?

Tail feather of peacock, an article or trophy made therefrom, and snake venom or its derivative.

What does “specified date” mean under Section 49A(c)(i)?

In relation to a scheduled animal on the commencement of the Wild Life (Protection) (Amendment) Act, 1986, the date of expiry of two months from such commencement.

What does “specified date” mean under Section 49A(c)(ii)?

In relation to any animal added or transferred to Schedule I or Part II of Schedule II after such commencement, the date of expiry of two months from such addition or transfer.

What does “specified date” mean under Section 49A(c)(iii)?

In relation to ivory imported into India, or an article made from such ivory, the date of expiry of six months from the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991).

What does section 49B?

To prohibit dealings in trophies, animal articles, and other items derived from scheduled animals.

From when does the prohibition under Section 49B apply?

On and after the specified date.

Who is prohibited under Section 49B(1)(a)(i)?

A manufacturer of, or dealer in, scheduled animal articles.

What does Section 49B(1)(a)(ia) add?

It prohibits a dealer in ivory imported into India or articles made therefrom, or a manufacturer of such articles.

Who is covered under Section 49B(1)(a)(ii)?

Taxidermists dealing with scheduled animals or any parts of such animals.

Who is prohibited under Section 49B(1)(a)(iii)?

Dealers in trophies or uncured trophies derived from any scheduled animal.

What does Section 49B(1)(a)(iv) prohibit?

Dealers in captive animals that are scheduled animals.

What is prohibited under Section 49B(1)(a)(v)?

Dealers in meat derived from any scheduled animal.

What does Section 49B(1)(b) prohibit?

Cooking or serving meat derived from any scheduled animal in any eating-house.

How is “eating-house” defined in Section 49B?

It has the same meaning as in the Explanation below sub-section (1) of Section 44.

Do licences granted or renewed under Section 44 before the specified date allow business after that date?

No. They do not entitle the holder or any other person to carry on the business or occupation referred to in Section 49B(1) after the specified date.

Can anyone be exempted from the prohibitions under Section 49B(1) and (2)?

Yes, the Central Government can exempt, for purposes of export, any corporation owned or controlled by it (including Government companies or societies substantially financed by it) by publishing a general or special order in the Official Gazette.

What are the exceptions for taxidermists under Section 49B(4)?

Taxidermists may put scheduled animals or any part thereof under a process of taxidermy: (a) for or on behalf of the Government or any exempted corporation/society; or (b) with previous written authorisation of the Chief Wild Life Warden, for educational or scientific purposes.

What does section 49C deals with?

Declaration by Dealers

What is the main requirement under Section 49C(1) for dealers?

Every person carrying on the business referred to in Section 49B(1) must, within thirty days from the specified date, declare to the Chief Wild Life Warden or the authorised officer their stocks, locations, and items for personal use.

What items must be declared under Section 49C(1)(a)?

(i) Scheduled animal articles; (ii) scheduled animals and parts thereof; (iii) trophies and uncured trophies derived from scheduled animals; (iv) captive animals being scheduled animals; (v) ivory imported into India or articles made therefrom.

What must dealers declare under Section 49C(1)(b)?

The place or places at which the stocks mentioned in the declaration are kept.

What must dealers declare under Section 49C(1)(c)?

The description of items from the stocks which they desire to retain for bona fide personal use.

What powers does the Chief Wild Life Warden have upon receipt of the declaration under Section 49C(2)?

He may take all or any of the measures specified in Section 41, and the provisions of Section 41 shall apply as far as may be.

What happens if a person wishes to retain items for personal use under Section 49C(3)?

The Chief Wild Life Warden, with prior approval of the Director, may issue certificates of ownership for such items if satisfied the person is in lawful possession, and affix identification marks as prescribed.

Where shall items retained for personal use not be kept according to Section 49C(3)?

No such item shall be kept in any commercial premises.

What is prohibited under Section 49C(4)?

No person shall obliterate or counterfeit any identification mark affixed under sub-section (3).

Can a person appeal against refusal to grant certificate of ownership under Section 49C(5)?

Yes, and provisions of sub-sections (2), (3), and (4) of Section 46 shall apply to such appeals.

What is required if a person with a certificate of ownership transfers or transports an item under Section 49C(6)?

(a) Transfers by gift, sale, or otherwise, or (b) transfers or transports to another State must be reported within thirty days to the Chief Wild Life Warden or authorised officer.

Who is prohibited from keeping, selling, or transferring scheduled animals or articles after the specified date under Section 49C(7)?

Any person who has not been issued a certificate of ownership under sub-section (3).

What items are specifically covered under Section 49C(7)?

Any scheduled animal, scheduled animal article, or ivory imported into India or any article made therefrom.

 

CHAPTER-VI

PREVENTION AND DETECTION OF OFFENCES

What does section 50 of the act deals with?

Power of search, entry, arrest and detention

Who may exercise powers of entry, search, arrest, and detention under Section 50(1)?

The Director or any officer authorised by him, the Chief Wild Life Warden or authorised officer, any forest officer, or any police officer not below the rank of sub-inspector.

Under Section 50(1)(a), what can an officer require a person to produce?

Any captive animal, wild animal, animal article, meat, trophy, uncured trophy, specified plant or part/derivative thereof in his control, custody, or possession, or any licence, permit, or other document required under the Act.

Under Section 50(1)(b), what powers do officers have regarding vehicles, vessels, and premises?

They may stop any vehicle or vessel to conduct search or inquiry, enter upon and search any premises, land, vehicle, or vessel, and open and search any baggage or other things in the possession of the person.

What can officers seize under Section 50(1)(c)?

Any captive animal, wild animal, animal article, meat, trophy, uncured trophy, or specified plant/part/derivative, along with any trap, tool, vehicle, vessel, or weapon used to commit an offence under the Act.

Under Section 50(1)(c), when can an officer arrest a person without warrant?

If the officer is not satisfied that the person will appear and answer any charge which may be preferred against him.

What is the proviso for fishermen under Section 50(1)(c)?

If a fisherman inadvertently enters a sanctuary or National Park within 10 km, and the boat is not used for commercial fishing, a fishing tackle or net on such boat shall not be seized.

What does Section 50(3) allow officers to do regarding licences or permits?

Stop and detain any person seen doing an act requiring a licence or permit to require production of the licence or permit, and arrest without warrant if the person fails to produce it, unless the person furnishes name and address and assures appearance.

What does Section 50(3A) provide regarding custody of seized animals?

An officer of rank not inferior to Assistant Director of Wildlife Preservation or Assistant Conservator of Forests may give custody of a seized animal on execution of a bond for its production before the Magistrate having jurisdiction over the offence.

What must happen to a person detained or things seized under Section 50(4)?

They shall be taken forthwith before a Magistrate to be dealt with according to law, under intimation to the Chief Wild Life Warden or authorised officer.

What is the offence under Section 50(5)?

Failure, without reasonable cause, to produce anything required under this section.

What does Section 50(6) allow regarding seized meat, uncured trophies, or specified plants?

The Assistant Director of Wildlife Preservation or authorised officer or Chief Wild Life Warden may arrange for disposal in the prescribed manner.

What duty does Section 50(7) impose on persons approached by officers?

To render assistance in prevention or detection of an offence, apprehending violators, or seizure under clause (c) of sub-section (1).

What additional powers are granted under Section 50(8) for officers not below Assistant Director or authorised rank?

(a) Issue a search warrant; (b) enforce attendance of witnesses; (c) compel discovery and production of documents and material objects; (d) receive and record evidence.

What is the evidentiary value under Section 50(9)?

Evidence recorded under Section 50(8)(d) is admissible in subsequent trial before a Magistrate if taken in the presence of the accused.

What does section 51 of the Act deals with?

Penalties

Who is punishable under Section 51(1)?

Any person who contravenes any provision of this Act (except Chapter VA and section 38J) or any rule/order made thereunder, or breaches any conditions of a licence or permit under this Act.

What is the punishment under Section 51(1) for general offences?

Imprisonment up to three years, or fine up to twenty-five thousand rupees, or both.

What is the punishment for offences involving Schedule I or Part II of Schedule II animals, hunting in sanctuaries or National Parks, or altering sanctuary/National Park boundaries?

Imprisonment not less than three years, may extend to seven years, and fine not less than ten thousand rupees.

What is the punishment for a second or subsequent offence of the type mentioned above?

Imprisonment not less than three years, may extend to seven years, and fine not less than twenty-five thousand rupees.

What is the punishment under Section 51(1A) for contravening Chapter VA?

Imprisonment not less than three years, may extend to seven years, and fine not less than ten thousand rupees.

What is the punishment under Section 51(1B) for contravening Section 38J?

Imprisonment up to six months, or fine up to two thousand rupees, or both. For second/subsequent offence, imprisonment may extend to one year or fine may extend to five thousand rupees.

What can the Court order under Section 51(2) upon conviction?

Forfeiture to the State Government of any captive/wild animal, animal article, trophy, uncured trophy, meat, ivory or article made from ivory, specified plant, or part/derivative thereof, and any trap, tool, vehicle, vessel, or weapon used in the offence.

What else can the Court order under Section 51(2)?

Cancellation of any licence or permit held by the convicted person under the Act.

Is forfeiture or licence cancellation under Section 51(3) exclusive of other punishments?

No, it is in addition to any other punishment awarded.

What can the Court do under Section 51(4) regarding Arms Act licences?

Cancel any Arms Act licence possessed for committing the offence, and disqualify the person from obtaining an Arms Act licence for five years from the date of conviction.

Does probation apply under Section 51(5) to offences like hunting in sanctuaries/National Parks or Chapter VA violations?

No, unless the convicted person is under eighteen years of age.

What does Section 51A of the Wildlife Protection Act deal with?

Section 51A deals with the Certain conditions to apply while granting bail.

Under Section 51A, can a person previously convicted under the Act be released on bail immediately?

No, a person previously convicted under this Act cannot be released on bail unless the conditions specified in Section 51A are met.

What is the first condition for granting bail under Section 51A?

The first condition is that the Public Prosecutor must be given an opportunity to oppose the release on bail.

What is the second condition for granting bail under Section 51A?

If the Public Prosecutor opposes the bail, the Court must be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail.

What does Section 52 of the Wildlife Protection Act address?

Section 52 addresses attempts and abetment, stating that anyone who attempts to contravene or abets the contravention of any provision of this Act or rules/orders made thereunder shall be deemed to have contravened the provision themselves.

Does Section 52 apply to both attempts and abetment?

Yes, Section 52 covers both attempting to contravene and abetting contravention of the Act or its rules/orders.

What is the purpose of Section 53 of the Wildlife Protection Act?

Section 53 prescribes punishment for wrongful seizure.

What is the punishment under Section 53 for wrongful seizure?

The punishment may extend to imprisonment for up to six months, or a fine up to five hundred rupees, or both.

Under Section 53, can seizure be justified if it is not vexatious and for proper reasons?

Yes, Section 53 applies only when the seizure is vexatious and unnecessary; lawful seizures for proper reasons under Section 50 are not punished.

What does Section 54 of the Wildlife Protection Act deal with?

Section 54 deals with the power to compound offences.

Who can be empowered to compound offences under Section 54?

The Central Government may empower the Director of Wild Life Preservation or any officer not below the rank of Assistant Director, and the State Government may empower the Chief Wild Life Warden or any officer not below the rank of Deputy Conservator of Forests.

What is the requirement for a person to have an offence compounded under Section 54?

There must be a reasonable suspicion that the person has committed an offence under the Act.

What happens after the payment is made for compounding the offence?

The person, if in custody, shall be discharged and no further proceedings shall be taken against them for that offence.

Can a compounding officer cancel licences or permits?

Yes, the officer compounding the offence may order the cancellation of any licence or permit granted under the Act to the offender or may approach an empowered officer to do so.

Is there a maximum limit to the sum that can be accepted as composition?

Yes, the sum shall not exceed twenty-five thousand rupees.

Can all offences be compounded under Section 54?

No, offences for which a minimum period of imprisonment is prescribed under Section 51 cannot be compounded.

What does Section 55 of the Wildlife Protection Act deal with?

Section 55 deals with the cognizance of offences.

Who can a court take cognizance of an offence from under Section 55?

The court can take cognizance only on the complaint of the Director of Wild Life Preservation or any officer authorised by the Central Government.

Can the Member-Secretary of the Central Zoo Authority file a complaint?

Yes, the Member-Secretary, Central Zoo Authority, can file complaints in matters relating to violations of Chapter IVA.

Can the Member-Secretary of the Tiger Conservation Authority file a complaint?

Yes, the Member-Secretary of the Tiger Conservation Authority is authorised to file complaints.

Can the Director of a tiger reserve file a complaint?

Yes, the Director of the concerned tiger reserve is entitled to file complaints under this section.

Who else can file a complaint besides Central Government officers?

The Chief Wild Life Warden or any officer authorised by the State Government, subject to conditions specified by that Government.

Can a zoo officer file a complaint?

Yes, the officer-in-charge of a zoo can file complaints in respect of violations under Section 38J.

Can a private person file a complaint directly?

Yes, but only if they have given at least sixty days’ notice of the alleged offence and their intention to complain to the Central Government, State Government, or an authorised officer.

What does Section 56 of the Wildlife Protection Act deal with?

Section 56 deals with the operation of other laws not barred.

Can a person be punished under another law for an act that also violates this Act?

Yes, a person can be prosecuted under any other law for an act or omission that constitutes an offence under this Act, and may be liable to a higher penalty under that law.

What is the safeguard against double punishment under Section 56?

No person shall be punished twice for the same offence.

What does Section 57 of the Wildlife Protection Act deal with?

Section 57 establishes a presumption in prosecutions, stating that possession, custody, or control of certain wildlife items is presumed unlawful until proven otherwise.

Which items trigger the presumption under Section 57?

Captive animals, animal articles, meat, trophy, uncured trophy, specified plants, or parts or derivatives thereof.

Who bears the burden of proof in Section 57 cases?

The accused bears the burden of proving that the possession, custody, or control of such items is lawful.

What does Section 58 of the Wildlife Protection Act deal with?

Section 58 deals with offences by companies .

Who is deemed guilty when a company commits an offence under this Act?

Every person in charge of, and responsible for, the conduct of the company’s business at the time of the offence, as well as the company itself.

Can a responsible person avoid liability under Section 58(1)?

Yes, if the person proves that the offence was committed without their knowledge or that they exercised due diligence to prevent it.

Are directors or officers liable if an offence is committed with their consent or negligence?

Yes, under Section 58(2), any director, manager, secretary, or officer whose consent, connivance, or neglect contributed to the offence is also deemed guilty.

How does Section 58 define “company” and “director”?

“Company” includes any body corporate, firm, or association of individuals; “director” in relation to a firm means a partner in the firm.

 

CHAPTER-VIA

FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE

What does Section 58A of the Wildlife Protection Act deal with?

Section 58A specifies the application of the provisions of this Chapter.

Who are primarily covered under Section 58A(a)?

Every person who has been convicted of an offence punishable under this Act with imprisonment for a term of three years or more.

Who is included under Section 58A(b)?

Every associate of a person referred to in clause (a).

Who is covered under Section 58A(c)?

Any holder of property previously held by a person referred to in clause (a) or (b), unless the present holder or any intermediate holder is a transferee in good faith for adequate consideration.

What is the purpose of Section 58B in this Chapter?

Section 58B provides definitions for terms used in this Chapter.

Who does the term “Appellate Tribunal” refer to under Section 58B(a)?

It refers to the Appellate Tribunal for Forfeited Property constituted under Section 58N.

How is the term “associate” defined in relation to a person whose property is liable to be forfeited under this Chapter?

An associate includes individuals or entities connected to the person, such as those managing their affairs, keeping accounts, or having a significant role in companies, partnerships, trusts, or other bodies.

Which individuals are considered associates due to managing affairs or keeping accounts?

Any individual who had been or is managing the affairs or keeping the accounts of the person whose property is liable to be forfeited.

How does membership or directorship in a company or association make someone an associate?

Any association, body of individuals, partnership firm, or private company of which the person is or was a member, partner, or director makes other individuals who are or were members, partners, or directors at the relevant time associates.

Who qualifies as an associate under trust relationships?

The trustee of any trust created by the person, or where the person has contributed at least 20% of the trust’s assets at the time of contribution.

Can the competent authority designate someone as an associate for other reasons?

Yes, if the competent authority records in writing that any properties of the person are held on their behalf by another person, that other person is considered an associate.

How is the term “competent authority” defined under Section 58B(c)?

It means an officer authorised under Section 58D to perform functions under this Chapter.

What does “concealment” mean according to Section 58B(d)?

Concealment refers to hiding or disguising the nature, source, disposition, movement, or ownership of property, including transferring or converting it electronically or by other means.

What is meant by “freezing” in Section 58B(e)?

Freezing is the temporary prohibition of transfer, conversion, disposition, or movement of property by an order issued under Section 58F.

How is “identifying” defined in Section 58B(f)?

Identifying includes establishing proof that the property was derived from, or used in, the illegal hunting and trade of wildlife and its products.

What constitutes “illegally acquired property” under Section 58B(g)?

Illegally acquired property is property obtained wholly or partly from income, earnings, or assets derived from illegal hunting and trade of wildlife, or property traceable to such property.

Does the definition of illegally acquired property include property acquired indirectly?

Yes, it includes property acquired for consideration or by any means traceable to illegally acquired property or its income/earnings.

How is property held by a person after a previous holder treated under Section 58B(g)(A)?

Property is considered illegally acquired if, in relation to any previous holder, it would have been illegally acquired, unless it was transferred in good faith for adequate consideration.

Does Section 58B(g)(B) cover property indirectly derived from prior illegally acquired property?

Yes, it includes any property acquired for consideration or by any means, wholly or partly traceable to property described in item (A), or income or earnings from such property.

How is “property” defined under Section 58B(h)?

Property means assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, including deeds and instruments evidencing title or interest, derived from illegal hunting and trade of wildlife and its products.

Who qualifies as a “relative” under Section 58B(i)?

A relative includes the spouse, siblings, siblings of the spouse, lineal ascendants or descendants, lineal ascendants or descendants of the spouse, spouses of the above persons, and lineal descendants of the siblings or siblings of the spouse.

What does “tracing” mean under Section 58B(j)?

Tracing refers to determining the nature, source, disposition, movement, title, or ownership of property.

How is “trust” defined in Section 58B(k)?

Trust includes any legal obligation or arrangement recognized as a trust.

What does Section 58C deal with?

Section 58C deals with the prohibition on holding illegally acquired property and its forfeiture.

From when does the prohibition under Section 58C take effect?

The prohibition takes effect from the date of commencement of the Chapter.

To whom does the prohibition under Section 58C apply?

The prohibition applies to every person to whom this Chapter applies.

What is prohibited under Section 58C(1)?

Holding any illegally acquired property is prohibited.

Can illegally acquired property be held through another person?

No, illegally acquired property cannot be held either directly or through any other person on one’s behalf.

What is the consequence of holding illegally acquired property in violation of Section 58C(1)?

Such property becomes liable to forfeiture.

To whom is illegally acquired property forfeited?

Illegally acquired property is forfeited to the State Government concerned.

Under which provisions is the forfeiture carried out?

The forfeiture is carried out in accordance with the provisions of this Chapter.

Does every illegally acquired property automatically stand forfeited?

No, forfeiture is subject to the conditions laid down in this Chapter.

What protection is provided under the proviso to Section 58C(2)?

Property acquired before six years from the date of charging for an offence is protected from forfeiture.

From which date is the six-year period calculated?

The six-year period is calculated from the date on which the person was charged for the offence.

Which offences are relevant for the purpose of the proviso?

Offences relating to illegal hunting and trade of wildlife and its products.

Can property acquired within six years before the charge be forfeited?

Yes, property acquired within six years before the date of charge may be forfeited.

Does the proviso apply to all persons under the Chapter?

Yes, it applies to any person to whom the Act applies.

What does section 58D deals with?

Competent authority

Who is empowered as the competent authority under Section 58D?

The State Government may authorise any officer not below the rank of Chief Conservator of Forests to act as the competent authority for the purposes of this Chapter.

What is the primary role of the competent authority under Section 58D?

The competent authority is responsible for overseeing and directing actions related to the identification and forfeiture of illegally acquired property under this Chapter.

What does section 58E deals with?

Identifying illegally acquired property

Who is responsible for tracing and identifying illegally acquired property under Section 58E(1)?

An officer not below the rank of Deputy Inspector General of Police, duly authorised by the Central or State Government, acts on complaints from the competent authority to trace and identify illegally acquired property.

What investigative measures can the authorised officer undertake under Section 58E(2)?

The officer may conduct inquiries, investigations, or surveys concerning any person, property, place, assets, documents, or financial records necessary to identify illegally acquired property.

How must the authorised officer conduct inquiries or investigations under Section 58E(3)?

All inquiries, investigations, or surveys must be carried out following directions or guidelines issued by the competent authority.

What does Section 58F deal with?

Section 58F deals with the seizure or freezing of illegally acquired property when there is a belief that the property may be concealed, transferred, or otherwise dealt with to frustrate forfeiture proceedings.

Who can make an order under Section 58F to seize or freeze property?

Any officer conducting an inquiry or investigation under Section 58E who has reason to believe the property is illegally acquired and at risk of being dealt with improperly.

What actions can be taken under Section 58F if it is not practicable to seize the property?

The officer may order that the property shall not be transferred or otherwise dealt with except with the prior permission of the officer or the competent authority.

Within what time must a copy of the seizure or freezing order under Section 58F be sent to the competent authority?

Within forty-eight hours of the order being made.

What is required for a Section 58F order to remain effective?

The order must be confirmed by the competent authority within thirty days of its being made.

What does “transfer of property” include under Section 58F?

It includes disposition, conveyance, assignment, settlement, delivery, payment, creation of trust, lease, mortgage, charge, easement, licence, power, partnership, or any transaction reducing the value of one’s property to benefit another.

What does section 58G deals with?

Management of properties seized or forfeited under this Chapter

What is the role of the State Government under Section 58G?

The State Government may appoint officers (not below the rank of Conservator of Forests) as Administrators to manage seized or forfeited properties.

What are the responsibilities of an Administrator under Section 58G?

The Administrator shall receive and manage properties seized under Section 58F or forfeited under Section 58-I, in the prescribed manner, and take measures to dispose of forfeited properties as directed by the State Government.

What does section 58H deals with?

Notice of forfeiture of property

What triggers the issuance of a notice under Section 58H?

When the competent authority believes, based on the value of properties, known sources of income, earnings, assets, or investigation reports, that properties held by a person are illegally acquired.

What must a notice under Section 58H specify?

It must call upon the person to show cause within thirty days why the properties should not be declared illegally acquired and forfeited, and to provide sources of income, earnings, or assets and supporting evidence.

What if a property is held on behalf of the affected person by someone else?

A copy of the Section 58H notice must also be served upon the person holding the property on behalf of the affected person.

What does Section 58-I of the Wildlife (Protection) Act, 1972 deal with?

Section 58-I deals with the forfeiture of property in cases

What must the competent authority consider before recording a finding under section 58-I(1)?

The competent authority must consider the explanation, if any, to the show cause notice issued under section 58H and the materials available before it.

Whom must the competent authority give an opportunity of being heard under section 58-I(1)?

The competent authority must give the person affected a reasonable opportunity of being heard and, where the property is held through another person, such other person also.

What determination is the competent authority required to make under section 58-I(1)?

The competent authority is required to record a finding whether all or any of the properties in question are illegally acquired properties.

When may the competent authority proceed ex parte under the proviso to section 58-I(1)?

The competent authority may proceed ex parte if the person affected or the other person does not appear or represent the case within thirty days specified in the show cause notice.

On what basis can an ex parte finding be recorded under section 58-I(1)?

An ex parte finding may be recorded on the basis of evidence available before the competent authority.

What power is conferred on the competent authority under section 58-I(2)?

Section 58-I(2) empowers the competent authority to specify properties as illegally acquired where it is satisfied that some properties are illegal but cannot identify them specifically.

Within what time must a finding under section 58-I(2) be recorded?

The finding under section 58-I(2) must be recorded within a period of ninety days.

On what basis may properties be specified under section 58-I(2)?

Properties may be specified as illegally acquired based on the best judgment of the competent authority.

What is the effect of a finding that property is illegally acquired under section 58-I(3)?

Upon such finding, the property shall be declared forfeited to the State Government, subject to the provisions of this Chapter.

In what condition does forfeited property vest in the State Government under section 58-I(3)?

The forfeited property vests in the State Government free from all encumbrances.

What happens if the person affected proves the property is not illegally acquired under section 58-I(4)?

If the property is proved not to be illegally acquired, the show cause notice shall be withdrawn and the property shall be released forthwith.

What obligation is imposed on a company under section 58-I(5)?

Where shares are forfeited to the State Government, the company must register the State Government as the transferee of such shares.

Does section 58-I(5) override company law provisions?

Yes, the obligation applies notwithstanding anything contained in the Companies Act, 1956 or the articles of association of the company.

What does Section 58J of the Wildlife (Protection) Act, 1972 deal with?

Section 58J deals with the burden of proof

On whom does the burden of proof lie under section 58J?

Under section 58J, the burden of proving that the property specified in the notice under section 58H is not illegally acquired property lies on the person affected.

In which proceedings does section 58J apply?

Section 58J applies to any proceedings under this Chapter of the Act.

What does Section 58K of the Wildlife (Protection) Act, 1972 deal with?

Section 58K deals with the fine in lieu of forfeiture

When can the competent authority offer a fine in lieu of forfeiture under section 58K(1)?

The competent authority may offer a fine in lieu of forfeiture when only a part of the illegally acquired property has an unproved source to its satisfaction.

What condition must exist before an option to pay fine is given under section 58K(1)?

The competent authority must have declared the property forfeited to the State Government under section 58-I.

What is the amount of fine payable under section 58K(1)?

The fine shall be equal to the market value of the part of the illegally acquired property whose source has not been proved.

What procedural safeguard is provided under section 58K(2)?

Before imposing a fine, the person affected must be given a reasonable opportunity of being heard.

What happens if the fine imposed under section 58K(1) is paid within the allowed time?

If the fine is paid within the allowed time, the competent authority may revoke the declaration of forfeiture.

What is the legal effect of revocation of forfeiture under section 58K(3)?

Upon revocation, the property shall stand released.

What does Section 58L of the Wildlife (Protection) Act, 1972 deal with?

Section 58L deals with the procedure in relation to certain trust properties

To whom does Section 58L apply?

Section 58L applies to any person referred to in sub-clause (vi) of clause (b) of section 58B.

When can the competent authority act under section 58L?

The competent authority may act when, on the basis of information and materials available to it, it believes for reasons recorded in writing that any property held in trust is illegally acquired property.

What belief must the competent authority form before issuing notice under section 58L?

The competent authority must believe that the property held in trust is illegally acquired property.

Is the competent authority required to record reasons before acting under section 58L?

Yes, the competent authority must record reasons in writing before taking action under section 58L.

On whom may notice be served under section 58L?

Notice may be served on the author of the trust, the contributor of the assets used to acquire the property, and the trustees.

What does the notice issued under section 58L require the recipients to explain?

The notice requires explanation of the source of money or other assets used to acquire the trust property or contributed for acquiring such property.

Within what time must an explanation be submitted under section 58L?

The explanation must be submitted within thirty days specified in the notice.

How is a notice issued under section 58L treated under this Chapter?

A notice issued under section 58L is deemed to be a notice served under section 58H.

What is the effect of deeming a notice under section 58L as a notice under section 58H?

All other provisions of this Chapter apply accordingly as if the notice were issued under section 58H.

What is the purpose of the Explanation appended to section 58L?

The Explanation clarifies the meaning of illegally acquired property in relation to property held in trust.

What property is included as illegally acquired under clause (i) of the Explanation to section 58L?

Clause (i) includes property which would have been illegally acquired if it had continued to be held by the author of the trust or the contributor.

What property is included as illegally acquired under clause (ii) of the Explanation to section 58L?

Clause (ii) includes property acquired by the trust out of contributions which would have been illegally acquired property if acquired directly by the contributor.

What does Section 58M of the Wildlife (Protection) Act, 1972 deal with?

Section 58M deals with certain transfers to be null and void

What happens to a property transferred after an order under section 58F or a notice under section 58H or 58L?

Any such transfer shall be ignored for the purposes of proceedings under this Chapter.

What is the effect of subsequent forfeiture of property transferred after an order or notice under section 58M?

If the property is subsequently forfeited under section 58-I, the transfer shall be deemed null and void.

What does Section 58N of the Wildlife (Protection) Act, 1972 deal with?

Section 58N deals with the constitution of the Appellate Tribunal

Who may constitute the Appellate Tribunal under section 58N(1)?

The State Government may constitute the Appellate Tribunal by notification in the Official Gazette.

What is the composition of the Appellate Tribunal under section 58N(1)?

The Tribunal consists of a Chairman and such number of other members, being officers of the State Government not below the rank of a Principal Secretary, as the State Government thinks fit.

For what purpose is the Appellate Tribunal constituted under section 58N(1)?

The Tribunal is constituted to hear appeals against orders made under section 58F, section 58-I, sub-section (1) of section 58K, or section 58L.

Who can be appointed as the Chairman of the Appellate Tribunal under section 58N(2)?

The Chairman shall be a person who is or has been, or is qualified to be, a Judge of a High Court.

How are the terms and conditions of service of the Chairman and other members determined under section 58N(3)?

The terms and conditions of service shall be such as may be prescribed.

What does Section 58-O of the Wildlife (Protection) Act, 1972 deal with?

Section 58-O deals with the Appeals

Who may prefer an appeal under section 58-O(1)?

Any person aggrieved by an order of the competent authority under section 58F, section 58-I, sub-section (1) of section 58K, or section 58L may prefer an appeal.

Within what period must an appeal be filed under section 58-O(1)?

An appeal must be filed within forty-five days from the date on which the order is served.

Can the Appellate Tribunal entertain late appeals under section 58-O(1)?

Yes, the Tribunal may entertain an appeal after forty-five days but not later than sixty days if satisfied that sufficient cause prevented timely filing.

What powers does the Appellate Tribunal have on receipt of an appeal under section 58-O(2)?

The Tribunal may, after giving an opportunity to be heard and making further inquiry if deemed fit, confirm, modify, or set aside the order appealed against.

How does the Appellate Tribunal regulate its proceedings under section 58-O(3)?

The Appellate Tribunal may regulate its own procedure.

What rights are granted to parties or their authorised persons under section 58-O(4)?

Parties or their authorised persons may inspect relevant records and registers during office hours and obtain certified copies upon payment of the prescribed fee.

What does Section 58P of the Wildlife (Protection) Act, 1972 deal with?

Section 58P deals with notice or order not to be invalid for error in description.

Under what condition is a notice, declaration, or order valid despite an error under section 58P?

It is valid if the property or person is identifiable from the description mentioned.

What does Section 58Q of the Wildlife (Protection) Act, 1972 deal with?

Section 58Q deals with the bar of jurisdiction

Are orders or declarations under this Chapter generally appealable under section 58Q?

No, orders or declarations under this Chapter are not appealable except as specifically provided in the Chapter.

Can a civil court exercise jurisdiction over matters assigned to the Appellate Tribunal or competent authority under section 58Q?

No, civil courts have no jurisdiction over matters which the Appellate Tribunal or competent authority is empowered to determine under this Chapter.

Can a court grant an injunction against actions taken under powers conferred by this Chapter under section 58Q?

No, no injunction shall be granted by any court or other authority in respect of any action taken or to be taken under this Chapter.

What does Section 58R of the Wildlife (Protection) Act, 1972 deal with?

Section 58R empowers the competent authority and the Appellate Tribunal with all the powers of a civil court under the Code of Civil Procedure, 1908.

What civil court powers are conferred to the competent authority and Appellate Tribunal under section 58R(a)?

They may summon and enforce the attendance of any person and examine him on oath.

What powers are included under section 58R(b)?

They may require the discovery and production of documents.

What powers are included under section 58R(c)?

They may receive evidence on affidavits.

What powers are included under section 58R(d)?

They may requisition any public record or copy thereof from any court or office.

What powers are included under section 58R(e)?

They may issue commissions for the examination of witnesses or documents.

What is covered under section 58R(f)?

They may exercise any other powers as may be prescribed.

What does Section 58S of the Wildlife (Protection) Act, 1972 deal with?

Section 58S deals with the information to competent authority

From whom can the competent authority require information under section 58S(1)?

The competent authority can require information from any officer or authority of the Central Government, State Government, or local authority.

On what basis can the competent authority request information under section 58S(1)?

The information requested must be in relation to persons or matters the competent authority considers useful or relevant for the purposes of this Chapter.

What is allowed under section 58S(2) regarding officers providing information?

Officers referred to in section 58T may furnish suo motu any information available with them if they believe it will be useful for the purposes of this Chapter.

What does Section 58T of the Wildlife (Protection) Act, 1972 deal with?

Section 58T deals with officers who shall assist the Administrator, competent authority, and Appellate Tribunal in proceedings under this Chapter.

Which officers are required to assist under section 58T(a)?

Officers of the Police are required to assist.

Which officers are required to assist under section 58T(b)?

Officers of the State Forest Departments are required to assist.

Which officers are required to assist under section 58T(c)?

Officers of the Central Economic Intelligence Bureau are required to assist.

Which officers are required to assist under section 58T(d)?

Officers of the Directorate of Revenue Intelligence are required to assist.

Which officers are required to assist under section 58T(e)?

Such other officers as specified by the State Government by notification in the Official Gazette are required to assist.

What does Section 58U of the Wildlife (Protection) Act, 1972 deal with?

Section 58U deals with the power to take possession

When can the competent authority order surrender or delivery of property under section 58U(1)?

The competent authority may order surrender or delivery of property when it has been declared forfeited under this Chapter or when the person affected has failed to pay the fine under sub-section (1) of section 58K within the time allowed.

To whom must the property be surrendered under section 58U(1)?

The property must be surrendered or delivered to the Administrator appointed under section 58G or any person duly authorised by him.

What is the time frame for surrendering property under section 58U(1)?

The property must be surrendered within thirty days of the service of the order.

What happens if a person refuses or fails to comply with an order under section 58U(2)?

The Administrator may take possession of the property and use such force as may be necessary.

Can the Administrator requisition assistance in taking possession under section 58U(3)?

Yes, the Administrator may requisition the services of any police officer to assist him.

Is it mandatory for police officers to comply with a requisition under section 58U(3)?

Yes, it is the duty of the police officer to comply with such requisition.

What does Section 58V of the Wildlife (Protection) Act, 1972 deal with?

Section 58V deals with the rectification of mistakes

Within what period can an order be amended under section 58V?

Any order may be amended within a period of one year from the date of the order.

What safeguard is provided if an amendment under section 58V is likely to affect a person prejudicially?

If the amendment is likely to affect a person prejudicially and the mistake is not clerical, the person must be given a reasonable opportunity of being heard before the amendment is made.

What does Section 58W of the Wildlife (Protection) Act, 1972 deal with?

Section 58W provides that findings under other laws are not conclusive for proceedings under this Chapter.

Are findings of officers or authorities under other laws binding for proceedings under this Chapter according to section 58W?

No, they shall not be conclusive for any proceedings under this Chapter.

What does Section 58X of the Wildlife (Protection) Act, 1972 deal with?

Section 58X deals with the service of notices and orders issued or made under this Chapter.

How may a notice or order be served under section 58X(a)?

By tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent.

What is the alternative method of service under section 58X(b) if clause (a) cannot be used?

By affixing the notice or order on a conspicuous place in the property concerned or on a conspicuous part of the premises where the person last resided, carried on business, or personally worked for gain.

What does Section 58Y of the Wildlife (Protection) Act, 1972 deal with?

Section 58Y deals with punishment for knowingly acquiring property in relation to which proceedings under this Chapter have been taken.

What is the punishment under section 58Y for acquiring such property?

The person shall be punishable with imprisonment for a term which may extend to five years and with a fine which may extend to fifty thousand rupees.

 

CHAPTER-VII

MISCELLANEOUS

What does Section 59 of the Wild Life (Protection) Act deal with?

Section 59 declares with officers to be public servants

Which categories of officers are deemed to be public servants under Section 59?

Officers referred to in Chapter II, Chapter IVA, Chapter IVB, and every other officer exercising powers under the Act are deemed to be public servants.

What is the legal significance of deeming officers as public servants under Section 59?

Such officers are brought within the ambit of Section 21 IPC, making offences against them punishable under criminal law applicable to public servants.

What is the scope of protection granted under Section 60 of the Act?

Section 60 grants protection of action taken in good faith under the Act.

Against whom does sub-section (1) of Section 60 provide protection?

It protects officers and employees of the Central Government and State Government for acts done in good faith under the Act.

What additional protection is provided under Section 60(2)?

It bars suits or legal proceedings against the Central Government or State Government and their officers for damage caused by acts done in good faith under the Act.

How does Section 60(3) expand the scope of immunity?

It extends protection to authorities constituted under Chapter IVA and Chapter IVB, including their chairperson, members, member-secretary, officers and employees.

What does Section 60A of the Act provide for?

Section 60A provides for the grant of monetary reward to persons who assist in detection of offences or apprehension of offenders.

Who is empowered to grant reward under Section 60A(1)?

The Court is empowered to grant reward at the time of passing judgment where a fine is imposed.

What is the maximum limit of reward that can be granted under Section 60A(1)?

The reward shall not exceed fifty per cent of the fine imposed by the Court.

In which situation does Section 60A(2) apply?

It applies when an offence is compounded under Section 54 of the Act.

Who grants reward under Section 60A(2)?

The officer compounding the offence may grant the reward.

What is the monetary limit for reward under Section 60A(2)?

The reward shall not exceed fifty per cent of the sum accepted by way of composition.

What is the subject matter of Section 60B of the Act?

Section 60B empowers the State Government to provide for reward for assistance in detection of offences or apprehension of offenders.

Which authority may be empowered under Section 60B?

The State Government may empower the Chief Wild Life Warden.

What is the maximum reward permissible under Section 60B?

The reward shall not exceed ten thousand rupees.

From where and how is the reward under Section 60B to be paid?

The reward shall be paid from such fund and in such manner as may be prescribed by the State Government.

What is the subject matter of Section 61 of the Wild Life (Protection) Act?

Section 61 deals with the power of the Central Government to alter entries in the Schedules to the Act.

Who is empowered to alter the Schedules under Section 61?

The Central Government is empowered to alter the Schedules under Section 61.

What forms of alteration are permitted under Section 61(1)?

The Central Government may add or delete any entry, transfer an entry from one Part of a Schedule to another Part of the same Schedule, or transfer an entry from one Schedule to another.

How is the power under Section 61(1) exercised?

The power is exercised by issuing a notification.

What is the legal effect of issuing a notification under Section 61(1)?

Upon issuance of the notification, the relevant Schedule is deemed to be altered accordingly.

Does alteration of a Schedule under Section 61 affect past actions?

No, the alteration is without prejudice to anything done or omitted to be done before such alteration.

Can a State Government alter the Schedules under Section 61?

Yes, a State Government may alter the Schedules with the previous consent of the Central Government.

What is the territorial effect of a Schedule alteration made by a State Government?

Such alteration shall prevail only within that State.

Does the Central Government retain control over alterations made by a State Government?

Yes, the Central Government may modify or cancel the alteration made by the State Government at any time.

What does Section 62 of the Wild Life (Protection) Act deal with?

Section 62 provides for declaration of certain wild animals as vermin.

Which authority has the power to declare wild animals as vermin under Section 62?

The Central Government has the power to declare wild animals as vermin.

Which wild animals cannot be declared vermin under Section 62?

Animals specified in Schedule I and Part II of Schedule II cannot be declared vermin.

How is a wild animal declared vermin under Section 62?

By a notification issued by the Central Government.

Can the declaration of vermin be area-specific and time-bound?

Yes, the declaration may be for a specified area and for a specified period.

What is the legal consequence of declaring a wild animal as vermin under Section 62?

The animal is deemed to have been included in Schedule V for the duration of the notification.

What is the subject matter of Section 63 of the Wild Life (Protection) Act?

Section 63 deals with the power of the Central Government to make rules under the Act.

Which authority is empowered to make rules under Section 63?

The Central Government is empowered to make rules under Section 63.

How are rules made under Section 63 brought into effect?

Rules under Section 63 are made by notification.

For what purpose may rules be made under Section 63(1)?

Rules may be made for carrying out matters specifically enumerated under Section 63(1).

What aspects relating to specified plants can be regulated by rules under Section 63?

Rules may prescribe conditions and other matters subject to which a licensee may keep any specified plant in custody or possession under section 17F.

What matters concerning members of the National Board can be prescribed under Section 63?

Rules may prescribe the term of office of members other than ex officio members, the manner of filling vacancies, the procedure to be followed by the National Board, and allowances payable to such members under section 5A.

Which licensing-related matters under Section 44 can be prescribed through rules under Section 63?

Rules may prescribe matters referred to in clause (b) of sub-section (4) of section 44 relating to grant of licences.

What service-related matters of the Central Zoo Authority can be regulated under Section 63?

Rules may prescribe salaries, allowances and other conditions of appointment of the chairperson, members and member-secretary of the Central Zoo Authority under section 38B.

What provisions relating to employees of the Central Zoo Authority can be framed under Section 63?

Rules may prescribe the terms and conditions of service of officers and other employees of the Central Zoo Authority under section 38B.

What accounting requirements of the Central Zoo Authority can be prescribed by rules?

Rules may prescribe the form in which the annual statement of accounts of the Central Zoo Authority shall be prepared under section 38E.

What reporting requirements of the Central Zoo Authority can be regulated under Section 63?

Rules may prescribe the form and time for preparation of the annual report of the Central Zoo Authority under section 38F.

What procedural matters relating to recognition of zoos can be framed under Section 63?

Rules may prescribe the form of application and fee payable for recognition of a zoo under section 38H.

What standards relating to recognition of zoos can be specified by rules under Section 63?

Rules may prescribe the standards, norms and other matters to be considered for granting recognition of a zoo under section 38H.

What does this section of the Wildlife (Protection) Act deal with?

This section deals with the matters on which the Central Government may make rules, including qualifications, service conditions, forms, powers, procedures, and parliamentary control over such rules.

What rule-making power is provided under clause (gi) of this section?

Clause (gi) empowers the Central Government to prescribe the qualifications and experience of experts or professionals referred to under clause (d) of sub-section (2) of section 38-I.

What is regulated under clause (gii) of this section?

Clause (gii) authorises the Central Government to prescribe the salaries, allowances, and other conditions of appointment of the members under sub-section (4) of section 38M.

What matters can be prescribed under clause (giii) of this section?

Clause (giii) enables the Central Government to prescribe the terms and conditions of service of the officers and other employees of the Tiger Conservation Authority under sub-section (2) of section 38N.

What does clause (giv) of this section provide for?

Clause (giv) provides for prescribing the form in which the annual statement of accounts of the Tiger Conservation Authority shall be prepared under sub-section (1) of section 38R.

What is covered under clause (gv) of this section?

Clause (gv) empowers the Central Government to prescribe the form and the time at which the annual report of the Tiger Conservation Authority shall be prepared under section 38S.

What rule-making authority is conferred by clause (gvi) of this section?

Clause (gvi) authorises the Central Government to prescribe other powers of the Wild Life Crime Control Bureau under clause (ii) of sub-section (2) of section 38Z.

What does clause (h) of this section empower the Central Government to prescribe?

Clause (h) empowers the Central Government to prescribe the form in which a declaration shall be made under sub-section (2) of section 44.

What is the subject matter of clause (i) of this section?

Clause (i) empowers the Central Government to prescribe the matters referred to in clause (b) of sub-section (4) of section 44.

What is regulated under clause (j) of this section?

Clause (j) authorises the Central Government to prescribe the terms and conditions governing transactions referred to in clause (b) of section 48.

What procedural aspect is covered under clause (k) of this section?

Clause (k) empowers the Central Government to prescribe the manner in which notice may be given by a person under clause (c) of section 55.

What matters are covered under clause (l) of this section?

Clause (l) authorises the Central Government to prescribe matters specified in sub-section (2) of section 64 insofar as they relate to sanctuaries and National Parks declared by the Central Government.

What is the requirement regarding parliamentary laying of rules under sub-section (2) of this section?

Sub-section (2) requires that every rule made under this section shall be laid before each House of Parliament while it is in session for a total period of thirty days.

How may the thirty-day period for laying rules before Parliament be completed?

The thirty-day period may be comprised in one session or in two or more successive sessions of Parliament.

What happens if both Houses of Parliament agree to modify a rule?

If both Houses agree to make any modification in a rule before the expiry of the relevant session, the rule shall thereafter have effect only in such modified form.

What is the effect if both Houses of Parliament agree that a rule should not be made?

If both Houses agree that the rule should not be made, the rule shall thereafter be of no effect.

Does modification or annulment of a rule affect actions already taken under it?

No, any modification or annulment of a rule is without prejudice to the validity of anything previously done under that rule.

What does Section 64 of the Wildlife (Protection) Act, 1972 deal with?

Section 64 deals with the power of the State Government to make rules for carrying out the provisions of the Act.

Under what authority may the State Government make rules under sub-section (1) of section 64?

Under sub-section (1) of section 64, the State Government may, by notification, make rules for carrying out the provisions of the Act in matters not covered by section 63.

What limitation is placed on the rule-making power of the State Government under section 64(1)?

The rule-making power under section 64(1) is limited to matters which do not fall within the purview of section 63.

What is the effect of sub-section (2) of section 64 on the general rule-making power of the State Government?

Sub-section (2) clarifies that the specific matters listed are without prejudice to the generality of the rule-making power conferred under sub-section (1).

What matters relating to the Board can be prescribed under clause (a) of section 64(2)?

Clause (a) allows rules to prescribe the term of office of members other than ex officio members, the manner of filling vacancies, and the procedure to be followed by the Board under sub-section (2) of section 6.

What financial aspect concerning Board members may be regulated under clause (b) of section 64(2)?

Clause (b) empowers the State Government to prescribe allowances referred to in sub-section (3) of section 6.

What procedural documents may be regulated under clause (c) of section 64(2)?

Clause (c) allows rules to prescribe the forms for applications, certificates, claims, declarations, licences, permits, registrations, returns, or other documents under the Act and the fees, if any, therefor.

What power is granted under clause (d) of section 64(2)?

Clause (d) authorises the State Government to prescribe the conditions subject to which any licence or permit may be granted under the Act.

What authority is provided under clause (dd) of section 64(2)?

Clause (dd) empowers the State Government to prescribe the conditions subject to which officers will be authorised to file cases in the court.

What record-keeping requirements may be prescribed under clause (e) of section 64(2)?

Clause (e) authorises rules prescribing the particulars of the record of wild animals, whether captured or killed, to be kept and submitted by the licensee.

What public health-related measure can be regulated under clause (ee) of section 64(2)?

Clause (ee) empowers the State Government to prescribe the manner in which measures for immunisation of livestock shall be taken.

What activities involving wildlife items are regulated under clause (f) of section 64(2)?

Clause (f) authorises regulation of the possession, transfer, and sale of captive animals, meat, animal articles, trophies, and uncured trophies.

What specific activity is regulated under clause (g) of section 64(2)?

Clause (g) empowers the State Government to regulate taxidermy.

What administrative function is covered under clause (ga) of section 64(2)?

Clause (ga) authorises rules prescribing the manner and conditions subject to which the Administrator shall receive and manage the property under sub-section (2) of section 58G.

What service-related matters may be prescribed under clause (gb) of section 64(2)?

Clause (gb) empowers the State Government to prescribe the terms and conditions of service of the Chairman and other members under sub-section (3) of section 58N.

What financial arrangement is addressed under clause (gc) of section 64(2)?

Clause (gc) authorises rules to prescribe the fund from which and the manner in which payment of reward under section 60B shall be made.

What residual rule-making power is provided under clause (h) of section 64(2)?

Clause (h) empowers the State Government to prescribe any other matter which has to be, or may be, prescribed under this Act.

What does Section 65 of the Wildlife (Protection) Act, 1972 deal with?

Section 65 deals with the protection of hunting rights conferred on Scheduled Tribes.

Does the Wildlife (Protection) Act affect the hunting rights of Scheduled Tribes of the Nicobar Islands?

No, nothing in the Act affects the hunting rights of the Scheduled Tribes of the Nicobar Islands.

On whom are the protected hunting rights under section 65 conferred?

The protected hunting rights are conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands.

By what authority were the hunting rights protected under section 65 originally conferred?

The hunting rights were conferred by a notification of the Andaman and Nicobar Administration.

Which specific notification preserves the hunting rights referred to in section 65?

The hunting rights are preserved by notification No. 40/67/F, No. G635, Vol. III.

What is the date of the notification protecting the hunting rights under section 65?

The notification protecting the hunting rights is dated the 28th April, 1967.

Where was the notification referred to in section 65 published?

The notification was published at pages 1 to 5 of the extraordinary issue of the Andaman and Nicobar Gazette dated the 28th April, 1967.

What does Section 66 of the Wildlife (Protection) Act, 1972 deal with?

Section 66 deals with the repeal of existing State laws corresponding to this Act and the saving of rights, actions, and proceedings arising under such repealed laws.

From when does the repeal under section 66(1) take effect?

The repeal under section 66(1) takes effect from the commencement of the Wildlife (Protection) Act, 1972.

Which laws are repealed under section 66(1)?

Every other Act relating to any matter contained in this Act and in force in a State is repealed to the extent it corresponds to or is repugnant to this Act.

Is the repeal under section 66(1) absolute?

No, the repeal operates only to the extent of correspondence or repugnancy with the provisions of this Act.

Does the repeal affect the previous operation of the repealed Act?

No, the repeal does not affect the previous operation of the Act so repealed or anything duly done or suffered thereunder.

Are accrued rights or obligations under the repealed Act affected by section 66?

No, any right, privilege, obligation, or liability acquired, accrued, or incurred under the repealed Act remains unaffected.

Does section 66 affect penalties or punishments incurred under the repealed Act?

No, any penalty, forfeiture, or punishment incurred for offences committed against the repealed Act is not affected.

What is the effect of section 66 on pending investigations or legal proceedings?

Section 66 does not affect any investigation, legal proceeding, or remedy in respect of rights, liabilities, penalties, forfeitures, or punishments under the repealed Act.

Can investigations or proceedings under the repealed Act continue after repeal?

Yes, such investigations, legal proceedings, or remedies may be instituted, continued, or enforced as if the Act had not been repealed.

What is the effect of section 66(2) despite the repeal of earlier Acts?

Section 66(2) provides that certain actions taken under the repealed Act shall continue to have effect notwithstanding the repeal.

How are actions taken under the repealed Act treated under clause (a) of section 66(2)?

Actions taken under the repealed Act that are not inconsistent with this Act are deemed to have been taken under the corresponding provisions of this Act.

What types of actions are covered under clause (a) of section 66(2)?

Clause (a) covers notifications, orders, certificates, notices, receipts, applications, and permits issued or granted under the repealed Act.

How long do actions deemed under clause (a) of section 66(2) remain in force?

Such actions remain in force unless and until they are superseded by actions taken under this Act.

What is the effect of section 66(2)(b) on licences granted under repealed Acts?

Licences granted under repealed Acts and in force immediately before commencement are deemed to have been granted under this Act.

For what period do deemed licences under section 66(2)(b) remain valid?

Such licences continue to be in force for the unexpired portion of the period for which they were originally granted, subject to the provisions of this Act.

What is the purpose of sub-section (3) of section 66 of the Wildlife (Protection) Act, 1972?

Sub-section (3) declares, for the removal of doubts, the legal status of sanctuaries and National Parks declared under repealed Acts and the manner of extinguishment of rights therein.

How are sanctuaries or National Parks declared under repealed State Acts treated under sub-section (3) of section 66?

Any sanctuary or National Park declared by a State Government under a repealed Act is deemed to be a sanctuary or National Park declared by the State Government under this Act.

What happens to unextinguished rights in land situated within a National Park under sub-section (3) of section 66?

Any right in or over land in a National Park that had not been extinguished before the commencement of this Act shall be extinguished in accordance with the provisions of this Act.

Does sub-section (3) require extinguishment of rights under the repealed Act?

No, the extinguishment of rights is required to be carried out in accordance with the provisions of this Act.

What is the purpose of sub-section (4) of section 66 of the Wildlife (Protection) Act, 1972?

Sub-section (4) declares, for the removal of doubts, the status of sanctuaries where proceedings under sections 19 to 25 were pending at the commencement of the Wild Life (Protection) Amendment Act, 1991.

What proceedings are referred to under sub-section (4) of section 66?

The proceedings referred to are those under sections 19 to 25, both inclusive.

What is the relevant date for determining pending proceedings under sub-section (4) of section 66?

The relevant date is the date of commencement of the Wild Life (Protection) Amendment Act, 1991.

How are certain sanctuaries treated under sub-section (4) of section 66?

Any reserve forest or part of territorial waters comprised within a sanctuary declared under section 18 before the commencement of the Amendment Act is deemed to be a sanctuary declared under section 26A.

Which sanctuaries are covered by the deeming provision under sub-section (4) of section 66?

Sanctuaries declared under section 18 before the commencement of the Wild Life (Protection) Amendment Act, 1991, where proceedings under sections 19 to 25 were pending, are covered.

 

Download PDF

Free Judiciary Coaching
Free Judiciary Notes
Free Judiciary Mock Tests
Bare Acts