Wildlife Protection Act 1972 PDF

THE WILD LIFE (PROTECTION) ACT, 1972 (Last Updated 1-4-2023) ____________ ARRANGEMENT OF SECTIONS ____________...

THE WILD LIFE (PROTECTION) ACT, 1972 (Last Updated 1-4-2023) ____________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II AUTHORITIES TO BE APPOINTED OR CONSTITUTES UNDER THE ACT 3. Appointment of Director and other officers. 4. Appointment of Life Warden and other officers. 5. Power to delegate. 5A. Constitution of the National Board for Wild Life. 5B. Standing Committee of the National Board. 5C. Functions of the National Board. 6. Constitution of State Board for Wild Life. 6A. Standing Committee of Board. 7. Procedure to be followed by the Board. 8. Duties of State Board for Wild Life. CHAPTER III HUNTING OF WILD ANIMALS 9. Prohibition of hunting. 10. [Omitted.]. 11. Hunting of wild animals to be permitted in certain cases. 12. Grant of permit for special purposes. 13. [Omitted.]. 14. [Omitted.]. 15. [Omitted.]. 16. [Omitted.]. 17. [Omitted.]. CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS 17A. Prohibition of picking, uprooting, etc. of specified plant. 17B. Grants of permit for special purposes. 17C. Cultivation of specified plants without licence prohibited. 17D. Dealing in specified plants without licence prohibited. 17E. Declaration of stock. 17F. Possession, etc., of plants by licensee. 17G. Purchase, etc., of specified plants. 1 SECTIONS 17H. Plants to be Government property. CHAPTER IV PROTECTED AREAS Sanctuaries 18. Declaration of sanctuary. 18A. Protection to sanctuaries. 18B. Appointment of Collectors. 19. Collector to determine rights. 20. Bar of accrual of rights. 21. Proclamation by Collector. 22. Inquiry by Collector. 23. Powers of Collector. 24. Acquisition of rights. 25. Acquisition proceedings. 25A. Time-limit for completion of acquisition proceedings. 26. Delegation of Collector’s powers. 26A. Declaration of area as sanctuary. 27. Restriction on entry in sanctuary. 28. Grant of permit. 29. Destruction, etc., in a sanctuary prohibited without a permit. 30. Causing fire prohibited. 31. Prohibition of entry into sanctuary with weapon. 32. Ban on use of injurious substances. 33. Control of sanctuaries. 33A. Immunisation of live-stock. 33B. Advisory Committee. 34. Registration of certain persons in possession of arms. Natioanl Parks 35. Declaration of National Parks. 36. [Omitted.]. 36A. Declaration and management of a conservation reserve. 36B. Conservation reserve management committee. 36C. Declaration and management of community reserve. 36D. Community reserve management committee. Closed Area 37. [Omitted.]. Sanctuaries or National Parks declared by Central Government 38. Power of Central Government to declare areas as sanctuaries or National Parks or conservation reserves. 2  CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS SECTIONS 38A. Constitution of Central Zoo Authority. 38B. Term of office and conditions of service of Chairperson and members, etc. 38C. Functions of the Authority. 38D. Procedure to be regulated by the Authority. 38E.Grants and loans to Authority and Constitution of Fund. 38F. Annual report. 38G. Annual report and audit report to be laid before Parliament. 38H. Recognition of zoos. 38I. Acquisition of animals by a zoo. 38J. Prohibition of teasing, etc., in a zoo. CHAPTER IV B NATIONAL TIGER CONSERVATION AUTHORITY 38K. Definitions. 38L.Constitution of National Tiger Conservation Authority. 38M. Term of office and conditions of service of members. 38N. Officers and employees of Tiger Conservation Authority. 38-O. Powers and functions of Tiger Conservation Authority. 38P. Procedure to be regulated by Tiger Conservation Authority. 38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund. 38R. Accounts and audit of Tiger Conservation Authority. 38S. Annual report of Tiger Conservation Authority. 38T. Annual report and audit report to be laid before Parliament. 38U. Constitution of Steering Committee. 38V. Tiger Conservation Plan. 38W. Alteration and de-notification of tiger reserves. 38X. Establishment of Tiger Conservation Foundation. 38XA. Provisions of Chapter to be in addition to provisions relating to sanctuaries and National Park CHAPTER IV C WILD LIFE CRIME CONTROL BUREAU 38Y. Constitution of Wild Life Crime Control Bureau. 38Z. Powers and functions of the Wildlife Crime Control Bureau. CHAPTER V TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES 39. Wild animals, etc., to be Government property. 40. Declarations. 40A. Immunity in certain cases. 41. Inquiry and preparation of inventories. 42. Certificate of ownership. 42A. Surrender of captive animals, animal article, etc 43. Regulation of transfer of animal, etc. 44. Dealings in trophy and animal articles without licence prohibited. 45. Suspension or cancellation of licences. 46. Purchase. 47. Maintenance of records. 48. Purchase of animals, etc., by licensee. 3 SECTIONS 48A. Restriction on transportation of wild life. 49. Purchase of captive animal, etc., by a person other than a licensee. CHAPTER VA PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS 49A. Definitions. 49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals. 49C. Declaration by dealers. CHAPTER VB REGULATION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA 49D. Definitions. 49E. Designation of Management Authority. 49F. Designation of Scientific Authority. 49G. Directions of Central Government. 49H. International trade in Scheduled specimen and restriction in respect thereof. 49-I Conditions for scheduled specimens. 49J. Conditions for import of scheduled specimens. 49K. Conditions for re-export of scheduled specimens. 49L. Conditions for introfuction from sea of scheduled specimens. 49M. Possession transfer and breeding of living scheduled animal species. 49N. Application for Licence by breeders of Appendix I species. 49-O. Licence of breeders of Appendix I species. 49P. Prohibition on alteration, etc. 49Q. Species and scheduled specimens to be Government property. 49R. Application of provisions of Act in respect of species listed in Schedule I or II and Schedule IV. CHAPTER VI PREVENTION AND DETECTION OF OFFENCES 50. Power of entry, search, arrest and detention. 51. Penalties. 51A. Certain conditions to apply while granting bail. 52. Attempts and abetment. 53. Punishment for wrongful seizure. 54. Power to compound offences. 55. Cognizance of offences. 56. Operation of other laws not barred. 4 SECTIONS 57. Presumption to be made in certain cases. 58. Offences by Companies. CHAPTER VIA FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE 58A. Application. 58B. Definitions. 58C. Prohibition of holding illegally acquired property. 58D. Competent authority. 58E. Identifying illegally acquired property. 58F. Seizure or freezing of illegally acquired property. 58G. Management of properties seized or forfeited under this Chapter. 58H. Notice of forfeiture of property. 58-I. Forfeiture of property in certain cases. 58J. Burden of proof. 58K. Fine in lieu of forfeiture. 58L. Procedure in relation to certain trust properties. 58M. Certain transfer to be null and void. 58N. Constitution of Applellate Tribunal. 58-O. Appeals. 58P. Notice or order not to be invalid for error in description. 58Q. Bar of Jurisdiction. 58R. Competent Authority and Appellate Tribunal to have powers of civil court. 58S. Information to competent authority. 58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal. 58U.Power to take possession. 58V. Rectification of mistakes. 58W. Findings under other laws not conclusive for proceedings under this Chapter. 58X. Service of notices and orders. 58Y. Punishment for acquiring property in relating to which proceeings have been taken under this Chapter. CHAPTER VII MISCELLANEOUS 59. Officers to be public servants. 60. Protection of action taken in good faith. 60A. Reward to persons. 60B. Reward by State Government. 61. Power to alter entries in Schedules. 62. Declaration of certain wild animals to be vermin. 62A. Regulation or prohibition of import, etc., of invasive alien species. 62B. Power to issue directions. 63. Power of Central Government to make rules. 64. Power of State Government to make rules. 65. Rights of Scheduled Tribes to be protected. 66. Repeal and savings. SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV 5  THE WILD LIFE (PROTECTION) ACT, 1972 ACT NO. 53 OF 1972 [9th September, 1972.] 1 [An Act to provide for the 2[conservation, protection and management of wild life] and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.] 3 * * * * * CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Wild Life (Protection) Act, 1972. 4 [(2) It extends to the whole of India 5***.] (3) It shall come into force in a State or Union territory to which it extends 6*** on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act or for different States or Union territories. 2. Definitions.—In this Act, unless the context otherwise requires,— 7 [(1) “animal” includes amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs;] (2) “animal article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal 8[has been used, and ivory imported into India and an article made therefrom]; 9 * * * * * 10 [(4) “Board” means a State Board for Wild Life constituted under sub-section (1) of section 6;] (5) “captive animal” means any animal, specified in 11[Schedule I or Schedule II] which is captured or kept or bred in captivity; 12 * * * * * (7) “Chief Wild Life Warden’ means the person appointed as such under clause (a) of sub-section (1) of section 4; 13 [(7A) “circus” means an establishment, whether stationary or mobile, where animals are kept or used wholly or mainly for the purpose of performing tricks or manoeuvres;] 14 * * * * * 15 [(9) “Collector” means the chief officer in charge of the revenue administration of a district or any other officer not below the rank of a Deputy Collector as may be appointed by the State Government under section 18B in this behalf;] 1. Subs. by Act 16 of 2003, s. 2, for the long title (w.e.f. 1-4-2003). 2. Subs. by Act 18 of 2022, s. 2, for “protection of wild animals, birds and plants” (w.e.f. 1-4-2023). 3. The preamble omitted by Act 44 of 1991, s. 3 (w.e.f. 2-10-1991). 4. Subs. by s. 4, ibid., for sub-section (2) (w.e.f. 2-10-1991). 5. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019). 6. The words “, or may become extended in future,” omitted by Act 44 of 1991, s. 4, (w.e.f. 2-10-1991). 7. Subs. by Act 16 of 2003, s. 3, for clause (1) (w.e.f. 1-4-2003). 8. Subs. by Act 44 of 1991, s. 5, for “has been used” (w.e.f. 2-10-1991). 9. Clause (3) omitted by s. 5, ibid. (w.e.f. 2-10-1991). 10. Subs. by Act 16 of 2003, s. 3, for clause (4) (w.e.f. 1-4-2003). 11. Subs. by Act 18 of 2022, s. 3, for “Schedule I, Schedule II, Schedule III or Schedule IV” (w.e.f. 1-4-2023). 12. Clause (6) omitted by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 13. Ins. by s. 5, ibid. (w.e.f. 2-10-1991). 14. Clause (8) omitted by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 15. Subs. by s. 3, ibid., for clause (9) (w.e.f. 1-4-2003). * Subject to verification and confirmation by the administrative ministry. 6  (10) “commencement of this Act”, in relation to— (a) a State, means commencement of this Act in that State, (b) any provision of this Act, means the commencement of that provision In the concerned State; 1 [(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, and includes a person who undertakes business in any single transaction;] (12) “Director” means the person appointed as Director of Wild Life Preservation under clause (a) of sub-section (1) of section 3; [(12A) “Forest officer” means the Forest officer appointed under clause (2) of section 2 of the 2 Indian Forest Act, 1927 (16 of 1927) or under any other Act for the time being in force in a State; (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 (16 of 1927);] 3 * * * * * (14) “Government property” means any property referred to in section 39 [or section 17H];4 (15) “habitat” includes land, water or vegetation which is the natural home of any wild animal 5 [or specified plant]; (16) “hunting”, with its grammatical variations and cognate expressions, includes,— 6 [(a) killing or poisoning of any wild animal or captive animal and every attempt to do so; (b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;] (c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles; [(16A) “invasive alien species” means a species of animal or plant which is not native to India 7 and whose introduction or spread may threaten or adversely impact wild life or its habitat;] (17) “land” includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, 8[marshes and wetlands and also includes boulders and rocks]; (18) “licence” means a licence granted under this Act; [(18A) “livestock” means farm animals and includes buffaloes, bulls, bullocks, camels, cows, 9 donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in 10[Schedules I, II and IV;] [(19) “manufacturer” means a person who manufactures articles from any animal or plant 11 specified in 12[Schedules I, II and III], as the case may be; 1. Subs. by Act 16 of 2003, s. 3, for clause (11) (w.e.f. 1-4-2003). 2. Subs. by s. 3, ibid., for clause (12A) (w.e.f. 1-4-2003). 3. Clause (13) omitted by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 4. Ins. by s. 5, ibid. (w.e.f. 2-10-1991). 5. Ins. by Act 18 of 2022, s. 3 (w.e.f. 1-4-2023). 6. Subs. by Act 16 of 2003, s. 3, for sub-clauses (a) and (b) (w.e.f. 1-4-2003). 7. Ins. by Act 18 of 2022, s. 3, (w.e.f. 1-4-2023). 8. Subs. by Act 44 of 1991, s. 5, for “and also includes boulders and rocks” (w.e.f. 2-10-1991). 9. Subs. by Act 16 of 2003, s. 3, for clause (18A) (w.e.f. 1-4-2003). 10. Subs. by Act 18 of 2022, s. 3, for “Schedules I to V” (w.e.f. 1-4-2023). 11. Subs. by Act 16 of 2003, s.3, for clauses (19) and (20) (w.e.f. 1-4-2003). 12. Subs. by Act 18 of 2022, s. 3, for “Schedules I to V and VI” (w.e.f. 1-4-2023). 7  (20) “meat” includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked, of any wild animal or captive animal, other than a vermin; (20A) “National Board” means the National Board for Wild Life constituted under section 5A;] (21) “National Park” means an area declared, whether under section 35 or section 38, or deemed, under sub-section (3) of section 66, to be declared, as a National Park; (22) “notification” means a notification published in the Official Gazette; (23) “permit” means a permit granted under this Act or any rule made thereunder; [(24) “person” shall include any firm or company or any authority or association or body of 1 individuals whether incorporated or not;] [(24A) “protected area” means a National Park, a sanctuary, a conservation reserve or a 2 community reserve notified under sections 18, 35, 36A and 36C of the Act;] (25) “prescribed” means prescribed by rules made under this Act; 3 [(25A) “recognised zoo” means a zoo recognised under section 38H; [(25B) “reserve forest” means the forest declared to be reserved by the State Government under 4 section 20 of the Indian Forest Act, 1927 (16 of 1927), or declared as such under any other State Act; (26) “sanctuary” means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and shall also include a deemed sanctuary under sub-section (4) of section 66;] 5 [(26A) “Schedule” means a Schedule appended to this Act;] 6 [(27) “specified plant” means any plant specified in 7[ Schedule III];] 8 * * * * * (29) “State Government”, in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; [(30) “taxidermy”, with its grammatical variations and cognate expressions, means the curing, 9 preparation or preservation or mounting of trophies;] [(30A) “territorial waters” shall have the same meaning as in section 3 of the Territorial Waters, 10 Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);] (31) “trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes— (a) rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and 11 [(b) antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb;] 1. Subs. by Act 18 of 2022, s. 3, for clause (24) (w.e.f. 1-4-2023). 2. Ins. by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 3. Ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 4. Subs. by Act 16 of 2003, s. 3, for clauses (25B) and (26) (w.e.f. 1-4-2003). 5. Ins. by Act 18 of 2022, s. 3 (w.e.f. 1-4-2023). 6. Subs. by Act 44 of 1991, s. 5, for clause (27) (w.e.f. 2-10-1991). 7. Subs. by Act 18 of 2022, s. 3 for “Schedule VI” (w.e.f. 1-4-2023). 8. Clause (28) omitted by Act 16 of 2003, s. 3 (w.e.f. 1-4-2003). 9. Subs. by s. 3, ibid., for clause (30) (w.e.f. 1-4-2003). 10. Ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 11. Subs. by Act 16 of 2003, s. 3, for sub-clause (b) (w.e.f. 1-4-2003). 8  (32) “uncured trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone a process of taxidermy, and includes a 1[freshly killed wild animal, ambergris, musk and other animal products]; (33) “vehicle” means any conveyance used for movement on land, water or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and mule; 2 [(34) “vermin” means any wild animal notified under section 62;] (35) “weapon” includes ammunition, bows and arrows, explosives, firearms, hooks’ knives, nets poison, snares and traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal; [(36) “wild animal” means any animal specified in 4[Schedule I or Schedule II] and found wild 3 in nature;] [(37) “wild life” includes any animal, aquatic or land vegetation which forms part of any 5 habitat;] (38) “Wild Life Warden” means the person appointed as such under clause (b) of sub-section (1) of section 4; [(39) “zoo” means an establishment, whether stationary or mobile, where captive animals are 6 kept for exhibiting to the public or ex-situ conservation and includes a circus and off-exhibit facilities such as rescue centres and conservation breeding 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 3. Appointment of Director and other officers.—(1) The Central Government may, for the purposes of this Act, appoint,— (a) A Director of Wild Life Preservation; 7 * * * * * (c) such other officers and employees as may be necessary. (2) In the performance of his duties and exercise of his powers by or under this Act, the Director shall be subject to such general or special directions, as the Central Government may, from time to time, give. 8 [(3) The officers and other employees appointed under this section shall be required to assist the Director.] 4. Appointment of Life Warden and other officers.—(1) The State Government May, for the purpose of this Act, appoint,— (a) a Chief Wild Life Warden; (b) Wild Life Wardens; 9*** 10 [(bb) Honorary Wild Life Wardens;] 1. Subs. by Act 44 of 1991, s. 5, for “freshly-killed wild animals” (w.e.f. 2-10-1991). 2. Subs. by Act 18 of 2022, s. 3 for clause (34) (w.e.f. 1-4-2023). 3. Subs. by Act 16 of 2003, s. 3, for clause (36) (w.e.f. 1-4-2003). 4. Subs. by Act 18 of 2022, s. 3, for Schedules I to IV (w.e.f. 1-4-2023). 5. Subs. by Act 16 of 2003, s. 3, for clause (37) (w.e.f. 1-4-2003). 6. Subs. by Act 18 of 2022, s. 3, for clause (39) (w.e.f. 1-4-2023), earlier ins. by Act 44 of 1991, s. 5 (w.e.f. 2-10-1991). 7. Clause (b) omitted by Act 16 of 2003, s. 4, (w.e.f. 1-4-2003). 8. Subs. by s. 4, ibid., for sub-section (3) (w.e.f. 1-4-2003). 9. The word “and” omitted by 44 of 1991, s. 6 (w.e.f. 2-10-1991). 10. Subs. by Act 16 of 2003, s. 5, for clause (bb) (w.e.f. 1-4-2003). 9  (c) suchother officers and employees as may be necessary. (2) In the performance of his duties and exercise of his powers by or under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the State Government may from time to time, give. (3) 1[The Wild Life Warden, the Honorary Wild Life Warden] and other officers and employees appointed under this section shall be subordinate to the Chief Wild Life Warden. 5. Power to delegate.—(1) The Director may, with the previous approval of the Central Government, by order in writing, delegate all or any of his powers and duties under this Act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. (2) The Chief Wild Life Warden may, with the previous approval of the State Government, by order in writing, delegate all or any of his powers and duties under this Act, except those under clause (a) of sub-section (1) of section 11, to any officer subordinate to him subject to such conditions, if any, as may be specified in the order. (3) Subject to any general or special direction given or condition imposed by the Director or the Chief Wild Life Warden, any person, authorised by the Director or the Chief Wild Life Warden to exercise any powers, may exercise those powers in the same manner and to the same effect as if they had been conferred on that person directly by this Act and not by way of delegation. 2 [5A. Constitution of the National Board for Wild Life.—(1) The Central Government shall, within three months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), constitute the National Board for Wild Lifeconsisting of the following members, namely: — (a) the Prime Minister as Chairperson; (b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson; (c) three members of Parliament of whom two shall be from the House of the People and one from the Council of States; 3 [(d) Member, NITI Aayog in-charge of Environment, Forest and Climate Change;] (e) five persons to represent non-governmental organizations to be nominated by the Central Government; (f) ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and environmentalists; (g) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Forests and Wild Life; (h) the Chief of the Army Staff; (i) the Secretary to the Government of India in-charge of the Ministry of Defence; (j) the Secretary to the Government of India in-charge of the Ministry of Information and Broadcasting; (k) the Secretary to the Government of India in-charge of the Department of Expenditure, Ministry of Finance; (l) the Secretary to the Government of India, Ministry of Tribal Welfare; (m) the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild Life; (n) the Director-General of Tourism, Government of India; (o) the Director-General, Indian Council for Forestry Research and Education, Dehradun; 1. Subs. by Act 44 of 1991, s. 6, for “The Wild Life Warden” (w.e.f. 2-10-1991). 2. Ins. by Act 16 of 2003, s. 6 (w.e.f. 1-4-2003). 3. Subs. by Act 18 of 2022, s. 4, for clause (d) (w.e.f. 1-4-2023). 10  (p) the Director, Wild Life Institute of India, Dehradun; (q) the Director, Zoological Survey of India; (r) the Director, Botanical Survey of India; (s) the Director, Indian Veterinary Research Institute; (t) the Member-Secretary, Central Zoo Authority; (u) the Director, National Institute of Oceanography; (v) one representative each from ten States and Union territories by rotation, to be nominated by the Central Government; (w) the Director of Wild Life Preservation who shall be the Member-Secretary of the National Board. (2) The term of office of the members other than those who are members ex officio, the manner of filling vacancies referred to in clauses (e), (f) and (v) of sub-section (1), and the procedure to be followed in the discharge of their functions by the members of the National Board shall be such, as may be prescribed. (3) The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed. (4) Notwithstanding anything contained in any other law for the time being in force, the office of a member of the National Board shall not be deemed to be an office of profit. 5B. Standing Committee of the National Board.—(1) The National Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be nominated by the Vice-Chairperson from amongst the members of the National Board. (3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it. 5C. Functions of the National Board.—(1) It shall be the duty of the National Board to promote the conservation and development of wild life and forests by such measures as it thinks fit. (2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for— (a) framing policies and advising the Central Government and the State Governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products; (b) making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas; (c) carrying out or causing to be carried but impact assessment of various projects and activities on wild life or its habitat; (d) reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures for improvement thereto; and (e) preparing and publishing a status report at least once in two years on wild life in the country.] 1 [6. Constitution of State Board for Wild Life.—(1) The State Government shall, within a period of six months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) constitute a State Board for Wild Life consisting of the following members, namely:— 1. Subs. by Act 16 of 2003, s. 7, for section 6 (w.e.f. 1-4-2003). 11  (a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may be - Chairperson; (b) the Minister in-charge of Forests and Wild Life - Vice-Chairperson; (c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the Legislative Assembly of that Union territory; (d) three persons to represent non-governmental organizations dealing with wild life to be nominated by the State Government; (e) ten persons to be nominated by the State Government from amongst eminent conservationists, ecologists and environmentalists including at least two representatives of the Scheduled Tribes; (f) the Secretary to the State Government or the Government of the Union territory, as the case may be, in-charge of Forests and Wild Life; (g) the Officer in-charge of the State Forest Department; (h) the Secretary to the State Government, Department of Tribal Welfare; (i) the Managing Director, State Tourism Development Corporation; (j) an officer of the State Police Department not below the rank of Inspector-General; (k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government; (l) the Director, Department of Animal Husbandry of the State; (m) the Director, Department of Fisheries of the State; (n) an officer to be nominated by the Director, Wild Life Preservation; (o) a representative of the Wild Life Institute of India, Dehradun; (p) a representative of the Botanical Survey of India; (q) a representative of the Zoological Survey of India; (r) the Chief Wild Life Warden, who shall be the Member-Secretary. (2) The term of office of the members other than those who are members ex officio and the manner of filling vacancies referred to in clauses (d) and (e) of sub-section (1) and procedure to be followed shall be such, as may be prescribed. (3) The member (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.] 1 [6A. Standing Committee of Board.—(1) The Board may constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to it by the Board. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members, to be nominated by the Vice-Chairperson, from amongst the members of the Board. (3) The Board or its Standing Committee referred to in sub-section (1) may, constitute committees, sub-committees or study groups, as may be necessary, from time-to-time, for proper discharge of the functions assigned to it.] 7. Procedure to be followed by the Board.—(1) The Board shall meet at least twice a year at such place as the State Government may direct. (2) The Board shall regulate its own procedure (including the quorum) 1. Ins. by Act 18 of 2022, s. 5 (w.e.f. 1-4-2023). 12  (3) No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the Board not affecting the merits of the case. 8. Duties of 1[State Board for Wild Life].—It shall be the duty of 1[State Board for Wild Life] to advise the State Government,— 2 [(a) in the selection and management of areas to be declared as protected areas;] 3 [(b) in formulation of the policy for protection and conservation of the wild life and specified plants;] (c) in any matter relating to the amendment of any Schedule; 4*** 5 [(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life; and] (d) in any other matter connected with the protection of wild life, which may bereferred to it by the State Government. CHAPTER III HUNTING OF WILD ANIMALS 6 [9. Prohibition of hunting.—No person shall hunt any wild animal specified in 7[ Schedules I and II] except as provided under section 11 and section 12.] [10. Maintenance of records of wild animals killed or captured.]—Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. 10 (w.e.f. 2-10-1991). 11. Hunting of wild animals to be permitted in certain cases.—(1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of Chapter IV,— (a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by Order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted; 8 [Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, tranquilised or translocated: Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing. Explanation.—For the purposes of clause (a), the process of capture or translocation, as the case may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal] (b) the Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild animal specified in Schedule II, 9***, has become dangerous to human life or to property (including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by order in writing 1. Subs. by Act 16 of 2003, s. 8, for “the Wild Life Advisory Board” (w.e.f. 1-4-2003). 2. Subs. by s. 8, ibid., for clause (a) (w.e.f. 1-4-2003). 3. Subs. by Act 44 of 1991, s. 8, for clause (b) (w.e.f. 2-10-1991). 4. The word “and” omitted by s. 8, ibid. (w.e.f. 2-10-1991). 5. Ins. by s. 8, ibid. (w.e.f. 2-10-1991). 6. Subs. by s. 9, ibid., for section 9 (w.e.f. 2-10-1991). 7. Subs. by Act 18 of 2022, s. 6, for “Schedules I, II, III and IV” (w.e.f. 1-4-2023). 8. Ins. by Act 16 of 2003, s. 9 (w.e.f. 1-4-2003). 9. The words and figures “Schedule III, or Schedule IV” omitted by Act 18 of 2022, s. 7 (w.e.f. 1-4-2023). 13  and stating the reasons therefor, permit any person to hunt 1[such animal or group of animals in a specified area or cause such animal or group of animals in that specified area to be hunted]. (2) The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence: Provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act in contravention of any provision of this Act or any rule or order made thereunder. (3) Amy wild animal killed or wounded in defence of any person shall be Government property. 12. Grant of permit for special purposes.—Notwithstanding anything contained elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden, to grant 2*** a permit, by an order in writing stating the reasons therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of,— (a) education; 3 [(b) scientific research; (bb) scientific management. Explanation.—For the purposes of clause (bb), the expression,“scientific management” means— (i) translocation of any wild animals to an alternative suitable habitat; or (ii) population management of wildlife, without killing or poisoning or destroying any wild animals;] 4 [(c) collection of specimens— (i) for recognised zoos subject to the permission under section 38-I; or (ii) for museums and similar institutions; (d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:] 5 [Provided that no such permit shall be granted— (a) in respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and (b) in respect of any other wild animal, except with the previous permission of the State Government;] (d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:] 13. [Suspension or cancellation of licence].—Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. 12 (w.e.f. 2-10-1991). 14. [Appeals].—Omitted by, s. 12, ibid. (w.e.f. 2-10-1991). 1. Subs. by Act 16 of 2003, s.9, for “such animal or cause such animal to be hunted” (w.e.f. 1-4-2003). 2. The words “, with the previous permission of the State Government” omitted by Act 23 of 1982, s. 2 (w.e.f. 21-5-1982). 3. Subs. by s. 2, ibid., for clause (b) (w.e.f. 21-5-1982). 4. Subs. by Act 44 of 1991, s. 11, for clause (c) (w.e.f. 2-10-1991). 5. Ins. by Act 23 of 1982, s. 2 (w.e.f. 21-5-1982). 14  15. [Hunting of young and female of wild animals].—Omitted by, s. 12, ibid.(w.e.f. 2-10-1991). 16. [Declaration of closed time].—Omitted by, s. 12, ibid.(w.e.f. 2-10-1991). 17. [Restrictions on hunting].—Omitted by, s. 12, ibid.(w.e.f. 2-10-1991). 1 [CHAPTER IIIA PROTECTION OF SPECIFIED PLANTS 17A. Prohibition of picking, uprooting, etc. of specified plant.—Save as otherwise provided in this Chapter, no person shall— (a) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government; (b) posses, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof: Provided that nothing in this section shall prevent a member of a scheduled tribe, subject to the provisions of Chapter IV, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bona fide personal use. 17B. Grants of permit for special purposes.—The Chief Wild Life Warden may, with the previous permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section 17A or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of— (a) education; (b) scientific research; (c) collection, preservation and display in a herbarium of any scientific institution; or (d) propagation by a person or an institution approved by the Central Government in this regard. 17C.Cultivation of specified plants without licence prohibited.—(1) No person shall cultivate a specified plant except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf: Provided that nothing in this section shall prevent a person, who immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991), was cultivating a specified plant from carrying on such cultivation for a period of six months from such commencement or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. (2) Every licence granted under this section shall specify the area in which and the conditions, if any, subject to which the licensee shall cultivate a specified plant. 17D. Dealing in specified plants without licence prohibited.—(1) No person shall, except under and in accordance with a licence granted by the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivate thereof: Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991), was carrying on such business or occupation, from carrying on such business or occupation for a period of sixty days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him. 1. Ins. by Act 44 of 1991, s. 13 (w.e.f. 20-4-1995). 15  (2) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to which the licensee shall carry on his business. 17E. Declaration of stock.—(1) Every person cultivating, or dealing in, a specified plant or part or derivative thereof shall, within thirty days from the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991) declare to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf, his stocks of such plants and part or derivative thereof, as the case may be, on the date of such commencement. (2) The provisions of sub-sections (3) to (8) (both inclusive) of section 44, section 45, section 46 and section 47 shall, as far as may be, apply in relation to an application and a licence referred to in section 17C and section 17D as they apply in relation to the licence or business in animals or animal articles. 17F. Possession, etc., of plants by licensee.—No licensee under this Chapter shall— (a) keep in his control, custody or possession— (i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made; (ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder; (b) (i) pick, uproot, collect or acquire any specified plant, or (ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act. 17G. Purchase, etc., of specified plants.—No person shall purchase, receive or acquire any specified plant or part or derivative thereof otherwise than from a licensed dealer: Provided that nothing in this section shall apply to any person referred to in section 17B. 17H. Plants to be Government property.—(1) Every specified plant or part or derivative thereof, in respect of which any offence against this Act or any rule or order made thereunder has been committed, shall be the property of the State Government, and, where such plant or part or derivative thereof has been collected or acquired from a sanctuary or National Park declared by the Central Government, such plant or part or derivative thereof shall be the property of the Central Government. (2) The provisions of sub-sections (2) and (3) of section 39 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof or they apply in relation to wild animals and articles referred to in sub-section (1) of that section.] CHAPTER IV 1 [PROTECTED AREAS] Sanctuaries 18. Declaration of sanctuary.—2[(1) The State Government may, by notification, declare its intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, 1. Subs. by Act 16 of 2003, s. 10 for the heading (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 15, for sub-section (1) (w.e.f. 2-10-1991). 16 geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.] (2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area. Explanation.—For the purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries. 1 [18A. Protection to sanctuaries.—(1) When the State Government declares its intention under sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith. (2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records. 18B. Appointment of Collectors.—The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under sub-section (1) of section 18.] 19. Collector to determine rights.—2[When a notification has been issued under section 18,] the Collector shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary. 20. Bar of accrual of rights.—After the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate. 21. Proclamation by Collector.—When a notification has been issued under section 18, the Collector shall 3[within a period of sixty days] publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation— (a) specifying, as nearly as possible, the situation and the limits of the sanctuary; and (b) requiring any person, claiming any right mentioned In section 19, to prefer before the Collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with necessary details and the amount and particulars of compensation, if any, claimed in respect thereof. 22. Inquiry by Collector.—The Collector shall, after service of the prescribed notice upon the claimant, expeditiously inquire into— (a) the claim preferred before him under clause (b) of section 21, and (b) the existence of any right mentioned in section 19 and not claimed under clause (b) of section 21, so far as the same may be ascertainable from the records of the State Government and the evidence of any person acquainted with the same. 1. Ins. by Act 16 of 2003, s. 11 (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 16, for “Whenever any area is declared to be a sanctuary” (w.e.f. 2-10-1991). 3. Ins. by Act 16 of 2003, s. 12 (w.e.f. 1-4-2003). 17  23. Powers of Collector.—For the purpose of such inquiry, the Collector may exercise the following powers, namely:— (a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so; (b) the same powers as are vested in a civil court for the trial of suits. 24. Acquisition of rights.—(1) In the case of a claim to a right in or over any land referred to in section 19, the Collector shall pass an order admitting or rejecting the same in whole or in part. (2) If such claim is admitted in whole or in part, the Collector may either— (a) exclude such land from the limits of the proposed sanctuary, or (b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land” and on payment of such compensation, as is provided in the 1[Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).] 2 [(c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.] 25. Acquisition proceedings.—(1) For the purpose of acquiring such land, or rights in or over such land,— (a) the Collector shall be deemed to be a Collector, proceeding under the 3[Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013);] (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under 4[section 21] of that Act; (c) the provisions of the sections, preceding 4[section 21] of that Act, shall be deemed to have been complied with; (d) where the claimant does not accept the award made in his favour ha the matter of compensation, he shall be deemed, within the meaning of 5[section 64] of that Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of 5[Chapter VIII] of that Act; (e) the Collector, with the consent of the claimant, or 6[the Authority], with the consent of both the parties, may award compensation in land or money or partly in land and partly in money; and (f) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the State Government, provide for an alternative public way or common pasture, as far as may be practicable or convenient. [Explanation.—The expression “Authority” referred to in clause (e), shall mean the Land 7 Acquisition, Rehabilitation and Resettlement Authority established under section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).] (2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose. 1. Sub. by Act 18 of 2022, s. 8, for “Land Acquisition Act, 1894 (1 of 1894)” (w.e.f. 1-4-2023). 2. Ins. by Act 44 of 1991, s. 17 (w.e.f. 2-10-1991). 3. Subs. by Act 18 of 2022, s. 9, for “Land Acquisition Act, 1894 (1 of 1894)” (w.e.f. 1-4-2023). 4. Subs. by s. 9, ibid., for “section 9” (w.e.f. 1-4-2023). 5. Subs. by s. 9, ibid., for “section 18” and “Part III” (w.e.f. 1-4-2023). 6. Subs. by s. 9, ibid., for “the Court” (w.e.f. 1-4-2023). 7. Ins. by s. 9, ibid, (w.e.f. 1-4-2023). 18  1 [25A. Time-limit for completion of acquisition proceedings.—(1) The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18. (2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.] 26. Delegation of Collector’s powers.—The State Government may, by general or special order, direct that the Powers exercisable or the functions to be performed by the Collector under sections 19 to 25 (both inclusive) may be exercised and performed by such other officer as may be specified in the order. 2 [26A. Declaration of area as sanctuary.—(1) When— (a) a notification has been issued under section 18 and the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a sanctuary, have been disposed of by the State Government; or (b) any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological faunal floral geomorphological, natural or zoological significance for the purpose of protecting, propagating or developing wild life or its environment, is to be included in a sanctuary, the State Government shall issue a notification specifying the limits of the area which shall be comprised within the sanctuary and declare that the said area shall be sanctuary on and from such date as may be specified in the notification: Provided that where any part of the territorial waters is to be so included, prior concurrence of the Central Government shall be obtained by the State Government: Provided further that the limits of the area of the territorial waters to be included in the sanctuary shall be determined in consultation with the Chief Naval Hydrographer of the Central Government and after taking adequate measures to protect the occupational interests of the local fishermen. (2) Notwithstanding anything contained in sub-section (1), the right of innocent passage of any vessel or boat through the territorial waters shall not be affected by the notification issued under sub-section (1). 3 [(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.] 27. Restriction on entry in sanctuary.—(1) No person other than,— (a) a public servant on duty, (b) a person who has been permitted by the Chief Wild Life Warden or the authorised officer to reside within the limits of the sanctuary, (c) a person who has any right over immovable property within the limits of the sanctuary, (d) a person passing through the sanctuary along a public highway, and (e) the dependants of the person referred to in clause (a), clause (b) or clause (c), shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28. (2) Every person shall, so long, as he resides in the sanctuary, be bound— (a) to prevent the commission, in the sanctuary, of an offence against this Act; (b) where there is reason to believe that any such offence against this Act has been committed in such sanctuary, to help in discovering and arresting the offender; 1. Ins. by Act 16 of 2003, s. 13 (w.e.f. 1-4-2003). 2. Ins. by Act 44 of 1991, s. 18 (w.e.f. 2-10-1991). 3. Subs. by Act 16 of 2003, s. 14, for sub-section (3) (w.e.f. 1-4-2003). 19  (c) to report the death of any wild animal and to safeguard its remains until the Chief Wild Life Warden or the authorised officer takes charge thereof; (d) to extinguish any fire in such sanctuary of which he has knowledge or information and to prevent from spreading, by any lawful means in his power, any fire within the vicinity of such sanctuary of which he has knowledge or information; and (e) to assist any forest officer, Chief Wild Life. Warden, Wild Life Warden or police officer demanding his aid for preventing the commission of any offence against this Act or in the investigation of any such offence. 1 [(3) No person shall, with intent to cause damage to any boundary-mark of a sanctuary or to cause wrongful gain as defined in the Indian Penal Code, 1860 (45 of 1860), alter, destroy, move or deface such boundary-mark. (4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.] 28. Grant of permit.—(1) The Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely:— (a) investigation or study of wild life and purposes ancillary or incidental thereto; (b) photography 2[and film-making without making any change in the habitat or causing any adverse impact to the habitat or wild life;] (c) scientific research; (d) tourism; (e) transaction of lawful business with any person residing in the sanctuary. (2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed. 3 [29. Destruction, etc., in a sanctuary prohibited without a permit.—No person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the 4[National Board] that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal bona fide needs of the people living in and around the sanctuary and shall not be used for any commercial purpose. 5 [Explanation.—For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33, or hunting of wild animals under a permit granted under section 11 or hunting without violating the conditions of a permit granted under section 12, or the exercise of any rights permitted to continue under clause (c) of sub-section (2) of section 24, including the bona fide use of drinking and household water by local communities until they are settled, shall not be deemed to be an act prohibited under this section.] 30. Causing fire prohibited.—No person shall set fire to a sanctuary, or kindle any fire, or leave any fire burning, in a sanctuary, in such manner as to endanger such sanctuary. 1. Ins. by Act 44 of 1991, s. 19 (w.e.f. 2-10-1991). 2. Ins. by Act 18 of 2022, s. 10 (w.e.f. 1-4-2023). 3. Subs. by Act 16 of 2003, s. 15, for section 29 (w.e.f. 1-4-2003). 4. Subs. by Act 18 of 2022, s. 11, for “Board” (w.e.f. 1-4-2023). 5. Subs. by s. 11, ibid., for “the Explanation” (w.e.f. 1-4-2023). 20  31. Prohibition of entry into sanctuary with weapon.—No person shall enter a sanctuary with any weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer. 32. Ban on use of injurious substances.—No person shall use, in a sanctuary, chemicals, explosives or any other substances which may cause injury to, or endanger, any wild life in such sanctuary. 33. Control of sanctuaries.—The Chief Wild Life Warden shall be the authority who shall control, 1 [manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the Central Government and in case the sanctuary also falls under the Scheduled Areas or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned] and for that purpose, within the limits of any sanctuary,— (a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary: 2 [Provided that no construction of 3[tourist lodges, including Government lodges, for commercial purposes], hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.] (b) shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein; (c) may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat; (d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of 4[live-stock.] 5 *** 6 [33A. Immunisation of live-stock.—(1) The Chief Wild Life Warden shall take such measures in such manner, as may be prescribed, for immunisation against communicable diseases of the live-stock kept in or within five kilometres of a sanctuary. (2) No person shall take, or cause to be taken or grazed, any live-stock in a sanctuary without getting it immunised.] 7 [33B. Advisory Committee.—(1) The State Government shall constitute an Advisory Committee consisting of the Chief Wild Life Warden or his nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within whose constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of non-governmental organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with Home and Veterinary matters, Honorary Wild Life Warden, if any, and the officer-in-charge of the sanctuary as Member-Secretary. (2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary. (3) The Committee shall regulate its own procedure including quorum.] 34. Registration of certain persons in possession of arms.—(1) Within three months from the declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such 1. Subs. by Act 18 of 2022, s. 12, for “manage and maintain all sanctuaries” (w.e.f. 1-4-2023). 2. Ins. by Act 16 of 2003, s. 16, (w.e.f. 1-4-2003). 3. Sub. by Act 18 of 2022, s. 12, for “commercial tourist lodges” (w.e.f. 1-4-2023). 4. Subs. by Act 44 of 1991, s. 21, for “cattle;” (w.e.f. 2-10-1991). 5. Clause (e) omitted by s. 21, ibid. (w.e.f. 2-10-1991). 6. Ins. by s. 22, ibid. (w.e.f. 2-10-1991). 7. Ins. by Act 16 of 2003, s. 17 (w.e.f. 1-4-2003). 21 sanctuary and holding a licence granted under the Arms Act, 1959(54 of 1959), for the possession of arms or exempted from the provisions of that Act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief Wild Life Warden or the authorised officer, for the registration of his name. (2) On receipt of an application under sub-section (1), the Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed. 1 [(3) No new licences under the Arms Act, 1959 (54 of 1959) shall be granted within a radius of ten kilometres of a sanctuary without the prior concurrence of the Chief Wild Life Warden.] 2 [(4) No renewal of any licence under the Arms Act, 1959, (54 of 1959) shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wild Life Warden or the authorised officer.] National Parks 35. Declaration of National Parks.—(1) Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park. 3 [Provided that where any part of the territorial waters is proposed to be included in such National Park, the provisions of section 26A shall, as far as may be, apply in relation to the declaration of a National Park as they apply in relation to the declaration of a sanctuary.] (2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park. (3) Where any area is intended to be declared as a National Park, the provisions of sections 4[19 to 26A (both inclusive except cause (c) of sub-section (2) of section 24)] shall, as far as may, be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary. 5 [(3A) When the State Government declares its intention under sub-section (1) to constitute any area as a National Park, the provisions of sections 27 to 33A (both inclusive), shall come into effect forthwith, until the publication of the notification declaring such National Park under sub-section (4). (3B) Till such time as the rights of the affected persons are finally settled under sections 19 to 26A [both inclusive except clause (c) of sub-section (2) of section 24], the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.] (4) When the following events have occurred, namely,— (a) the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and (b) all rights in respect of lands proposed to be included in the National Park have become vested in the State Government, the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification. 1. Ins. by Act 44 of 1991, s. 22A (w.e.f. 21-5-2001). 2. Ins. by Act 18 of 2022, s. 13 (w.e.f. 1-4-2023). 3. Added by Act 44 of 1991, s. 23, (w.e.f. 2-10-1991). 4. Subs. by s. 23, ibid., for “section 23, for “19 to 26 (both inclusive)” (w.e.f. 2-10-1991). 5. Ins. by Act 18 of 2022, s. 14 (w.e.f. 1-4-2023). 22  1 [(5) No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board. (6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the National Park, except under and in accordance with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied in consultation with the National Board that such removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit: Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.] (7) No grazing of any 2[live-stock] shall be permitted in a National Park and no 2[live-stock] shall be allowed to enter therein except where such 2[live-stock] is used as a vehicle by a person authorised to enter such National Park. (8) The provisions of sections 27 and 28, sections 30 to 32 (both inclusive), and clauses (a), (b) and (c) of 3[section 33, section 33A] shall, as far as may be, apply in relation to a National Park as they apply in relation to a sanctuary. 4 [Explanation.—For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply.] 5 *** 36. [Declaration of game reserve.]—Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. 24 (w.e.f. 2-10-1991). 6 [36A. Declaration and management of a conservation reserve.—(1) The State Government may, after having consultations with the local communities, declare any area owned by the Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat: Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary. 36B. Conservation reserve management committee.—(1) The State Government shall constitute a conservation reserve management committee to advise the Chief Wild Life Warden to conserve, manage and maintain the conservation reserve. (2) The committee shall consist of a representative of the forest or Wild Life Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the 1. Subs. by Act 16 of 2003, s. 19, for sub-sections (5) and (6) (w.e.f. 1-4-2003). 2. Subs. by Act 44 of 1991, s. 23, for “cattle” (w.e.f. 2-10-1991). 3. Subs. by s. 23, ibid., for “section 33” (w.e.f. 2-10-1991). 4. Ins. by Act 16 of 2003, s. 19 (w.e.f. 1-4-2003). 5. The sub-heading “GAME RESERVE” omitted by Act 44 of 1991, s. 24 (w.e.f. 2-10-1991). 6. Ins. by Act 16 of 2003, s. 20 (w.e.f. 1-4-2003). 23 field of wild life conservation and one representative each from the Department of Agriculture and Animal Husbandry. (3) The Committee shall regulate its own procedure including the quorum. 36C. Declaration and management of community reserve.—(1) The State Government may, where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices. (2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary. (3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the State Government. 36D. Community reserve management committee.—(1) The State Government shall constitute a Community Reserve management committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve. (2) The committee shall consist of 1[not less than five representatives] nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located. 2 [(2A) Where a community reserve is declared on private land under sub-section (1) of section 36C, the community reserve management committee shall consist of the owner of the land, a representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located and also the representative of the Panchayat concerned or the tribal community, as the case may be.] (3) The committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve. (4) The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve. (5) The committee shall regulate its own procedure including the quorum.] Closed Area 37. [Declaration of closed area.]—Omitted by the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), s. 21(w.e.f. 1-4-2003). Sanctuaries or National Parks declared by Central Government 38. Power of Central Government to declare areas as sanctuaries or National Parks 3[or conservation reserves].—(1) Where the State Government leases or otherwise transfers any area under its control, not being an area within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the conditions specified in section 18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of 4[sections 18 to 35] (both inclusive), 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government. 1. Subs. by Act 18 of 2022, s. 15, for “five representatives” (w.e.f. 1-4-2023). 2. Ins. by s. 15, ibid. (w.e.f. 1-4-2023). 3. Ins. by s. 16, ibid. (w.e.f. 1-4-2023). 4. Subs. by Act 44 of 1991, s. 25, for “sections 19 to 35” (w.e.f. 2-10-1991). 24  (2) The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in section (1), whether or not such area has been declared, to be a sub sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the provisions of sections 35, 54 and 55 shall apply in relation to such National Park as they apply in relation to a National Park declared by the State Government. 1 [(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.] (3) In relation to a sanctuary or National Park 2[or conservation reserve] declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in 3 [sub-sections (1), (2) and (2A)], shall be exercised and discharged by the Director or by such other officer as may be authorised by the Director in this behalf and references, in the sections aforesaid, to the State Government shall be construed as references to the Central Government and reference therein to the Legislature of the State shall be construed as a reference to Parliament. 4 [CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS 38A. Constitution of Central Zoo Authority.—(1) The Central Government shall constitute a body to be known as the Central Zoo Authority (hereinafter in this Chapter referred to as the Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Authority shall consist of— (a) chairperson; (b) such number of members not exceeding ten; and (c) Member-Secretary, to be appointed by the Central Government. 38B. Term of office and conditions of service of Chairperson and members, etc.—(1) The chairperson and every member 5[other than the Member-Secretary] shall hold office for such period, not exceeding three years, as may be specified by the Central Government in this behalf. (2) The chairperson or a member may by writing under his hand addressed to the Central Government, resign from the office of chairperson or, as the case may be, of the member. (3) The Central Government shall remove a person from the office of chairperson or member referred to in sub-section (2) if that person— (a) becomes an undischarged insolvent; (b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the authority, absent from three consecutive meetings of the Authority; or 1. Ins. by Act 18 of 2022, s. 16 (w.e.f. 1-4-2023). 2. Ins. by s. 16, ibid. (w.e.f. 1-4-2023). 3. Subs. by s. 16, ibid, for “sub-sections (1) and (2)” (w.e.f. 1-4-2023). 4. Ins. by Act 44 of 1991, s. 26 (w.e.f. 2-10-1991). 5. Ins. by Act 16 of 2003, s. 22 (w.e.f.1-4-2003). 25  (f) in the opinion of the Central Government has so abused the position of chairperson or member as to render that person’s continuance in office detrimental to the public interest: Provided that no person shall be removed under this clause unless that person has been given a reasonable opportunity of being heard in the matter. (4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment. (5) The salaries and allowances and other conditions of appointment of chairperson, members and Member-Secretary of the Authority shall be such as may be prescribed. (6) The Authority shall, with the previous sanction of the Central Government, employ such officers and other employees as it deems necessary to carry out the purposes of the Authority. (7) The terms and conditions of service of the officers and other employees of the Authority shall be such as may be prescribed. (8) No act or proceeding of the Authority shall be questioned or shall be invalid on the ground merely of the existence of any vacancies or defect in the constitution of the Authority. 38C. Functions of the Authority.—The Authority shall perform the following functions, namely:— (a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo; (b) evaluate and assess the functioning of zoos with respect to the standards or the norms as may be prescribed; (c) recognise or derecognise zoos; (d) identify endangered species of wild animals for purposes of captive breeding and assigning responsibility in this regard to a zoo; (e) co-ordinate the acquisition, exchange and loaning of animals for breeding purposes; (f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity; (g) identify priorities and themes with regard to display of captive animals in a zoo; (h) co-ordinate training of zoo personnel in India and outside India; (i) co-ordinate research in captive breeding and educational programmes for the purposes of zoos; (j) provide technical and other assistance to zoos for their proper management and development on scientific lines; (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos. 38D. Procedure to be regulated by the Authority.—(1) The Authority shall meet as and when necessary and shall meet at such time and place as the chairperson may think fit. (2) The Authority shall regulate its own procedure. (3) All orders and decisions of the Authority shall be authenticated by the Member-Secretary or any other officer of the Authority duly authorised by the Member-Secretary in this behalf. 38E.Grants and loans to Authority and Constitution of Fund.—(1) The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as that Government may consider necessary. (2) There shall be constituted a Fund to be called the Central Zoo Authority Fund and there shall be credited thereto any grants and loans made to the Authority by the Central Government, all fees and charges received by the Authority under this Act and all sums received by the Authority from such other sources as may be decided upon by the Central Government. 26  (3) The Fund referred to in sub-section (2) shall be applied for meeting salary, allowances and other remuneration of the members, officers and other employees of the Authority and the expenses of the Authority in the discharge of its functions under this Chapter and expenses on objects and for purposes authorised by this Act. (4) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. (5) The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General. (6) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority. (7) The accounts of the Authority, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the Central Government by the Authority. 38F. Annual report.—The Authority shall prepare in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government. 38G. Annual report and audit report to be laid before Parliament.—The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the non- acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received before each House of Parliament. 38H. Recognition of zoos.—(1) No zoo shall be operated without being recognised by the Authority: Provided that a zoo being operated immediately before the date of commencement of the Wild Life (Protection) (Amendment) Act, 1991(44 of 1991) may continue to operate without being recognised for a period of 1[eighteen months from the date of such commencement] and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for a further period of six months from the date of such refusal. 2 [(1A) On and after the commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) a zoo shall not be established without obtaining the prior approval of the Authority.] (2) Every application for recognition of a zoo shall be made to the Authority in such form and on payment of such fee as may be prescribed. (3) Every recognition shall specify the conditions, if any, subject to which the applicant shall operate the zoo. (4) No recognition to a zoo shall be granted unless the Authority, having due regard to the interests of protection and conservation of wild life, and such standards, norms and other matters as may be prescribed, is satisfied that recognition should be granted. (5) No application for recognition of a zoo shall be rejected unless the applicant has been given a reasonable opportunity of being heard. 1. Subs. by Act 26 of 1993, s. 2, for “six months from the date of such commencement” (w.e.f. 4-8-1992). 2. Ins. by Act 16 of 2003, s. 23 (w.e.f. 1-4-2003). 27  (6) The Authority may, for reasons to be recorded by it, suspend or cancel any recognition granted under sub-section (4): Provided that no such suspension or cancellation shall be made except after giving the person operating the zoo a reasonable opportunity of being heard. (7) An appeal from an order refusing to recognise a zoo under sub-section (5) or an order suspending or cancelling a recognition under sub-section (6) shall lie to the Central Government. (8) An appeal under sub-section (7) shall be preferred within thirty days from the date of communication to the applicant of the order appealed against: Provided that the Central Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time. 1 [38-I. Acquisition of animals by a zoo.—(1) Subject to the other provisions of this Act, no zoo shall acquire, sell or transfer any wild animal or captive animal specified in Schedules I 2*** except with the previous permission of the Authority. (2) No zoo shall acquire, sell or transfer any wild or captive animal except from or to a recognised zoo.] 3 [Provided that nothing in this sub-section shall apply to a conservation breeding centre.] 38J. Prohibition of teasing, etc., in a zoo.—No person shall tease, molest, injure or feed any animal or cause disturbance to the animals by noise or otherwise, or litter the grounds in a zoo.] 4 [CHAPTER IVB NATIONAL TIGER CONSERVATION AUTHORITY 38K. Definitions.—In this Chapter,— (a) “National Tiger Conservation Authority” means the Tiger Conservation Authority constituted under section 38L; (b) “Steering Committee” means the Committee constituted under section 38U; (c) “Tiger Conservation Foundation” means the foundation established under section 38X; (d) “tiger reserve State” means a State having tiger reserve; (e) “tiger reserve” means the areas notified as such under section 38V. 38L. Constitution of National Tiger Conservation Authority.—(1) The Central Government shall constitute a body to be known as the National Tiger Conservation Authority (hereinafter in this Chapter referred to as the Tiger Conservation Authority), to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The Tiger Conservation Authority shall consist of the following members, namely:— (a) the Minister in charge of the Ministry of Environment and Forests—Chairperson; (b) the Minister of State in the Ministry of Environment and Forests—Vice-Chairperson; (c) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States; (d) eight experts or professionals having prescribed qualifications and experience in conservation of wild life and welfare of people living in tiger reserve out of which at least two shall be from the field of tribal development; 1. Subs. by Act 16 of 2003, s. 24, for section 38-I (w.e.f. 1-4-2003). 2. The word and figures “and II” omitted by Act 18 of 2022, s. 17 (w.e.f. 1-4-2023). 3. Ins. by s. 17, ibid, (w.e.f. 1-4-2023). 4. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006). 28  (e) Secretary, Ministry of Environment and Forests; (f) Director General of Forests and Special Secretary, Ministry of Environment and Forests; (g) Director, Wild Life Preservation, Ministry of Environment and Forests; (h) six Chief Wild Life Wardens from the tiger reserve States in rotation for three years; (i) an officer not below the rank of Joint Secretary and Legislative Counsel from the Ministry of Law and Justice; (j) Secretary, Ministry of Tribal Affairs; (k) Secretary, Ministry of Social Justice and Empowerment; (l) Chairperson, National Commission for the Scheduled Tribes; (m) Chairperson, National Commission for the Scheduled Castes; (n) Secretary, Ministry of Panchayati Raj; (o) 1[an officer not below the rank of Inspector General of Forests] having at least ten years experience in a tiger reserve or wildlife management, who shall be the Member-Secretary, to be notified by the Central Government, in the Official Gazette. (3) It is hereby declared that the office of member of the Tiger Conservation Authority shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament. 38M. Term of office and conditions of service of members.—(1) A member nominated under clause (d) of sub-section (2) of section 38L shall hold office for such period not exceeding three years: Provided that a member may, by writing under his hand addressed to the Central Government, resign from his office. (2) The Central Government shall remove a member referred to in clause (d) of sub-section (2) of section 38L, from office if he— (a) is, or at any time has been, adjudicated as insolvent; (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; (c) is of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is, without obtaining leave of absence from the Tiger Conservation Authority, absent from three consecutive meetings of the said Authority; or (f) has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest: Provided that no member shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter. (3) Any vacancy in the office of a member shall be filled by fresh appointment and such member shall co