1

CHAPTER - IV
WILDLIFE AND LEGISLATIVE

PROTECTION IN INDIA
I. Introduction
The wildlife occupies an important place in our
cultural and religious tradition. Our care for animal
including many endangered species leaves a lot to be
desired. The earliest enactments to protect wild animals in
India were Elephant Preservation Act., 1879 and Wild Birds
Protection Act, 1887.
It is understood that preservation of wildlife is almost
essential not only for animals but also for survival of
human races. Due to increasing depletion of wildlife,
environmental concern regarding the flora and fauna came
to the lime light long after independence, i
After the commencement of the Indian Constitution in
the division of powers between centre and states, 'wildlife'
was originally a State subject and the Parliament had no
Constitutional power to make law in respect of wildlife
unless the legislatures of two or more states pass a
resolution in pursuance to article 252 empowering the
Parliament to pass necessary legislation thereto.2
The first comprehensive law for the protection of
wildlife and its habitat was perhaps the Hailey National
1 See, S.A.K. Azad, Hunting of Wild Animals an d its Legal Control in India, AIR
2004, p 210.
2 See, S. N. Dhyani, Wildlife management: Wildlife Protection Legislation, (1994),
p61 .
71
Park Act, 1936 which established the Hailey (now Corbett)
National Park in the State of Uttar Pradesh.^
The primary intent of most of the early statute s was to
preserve game animals for hunting. The Indian Forest Act,
1927 included restrictions in reserved or protected forests
and authorised the establishment of sanctuaries.'^ Law
should be passed to protect the endangered species and
severe punishment should be given to those hunter s who
indulge in their illegal and senseless killings and the
poachers who hun t them out of personal gains. India is
probably the first Country to enact the Wildlife Protection
Act.5
To sum up the long history of wildlife we know tha t the
earliest codified law on wildlife can be traced to third
century B.C. when, Asoka the king of Magadha enacted a
law in the matter of preservation of wildlife and
environment. But the first codified law in India which
heralded the era of laws for wildlife protection was enacted
in the year 1887 by the British and was titled the Wild
Birds Protection Act, 1887. It enabled the then Government
to frame rules prohibiting the possession or sale of any kind
of specified wild birds, which had been killed or taken
during the breeding season.^ Again the British government
in the year 1912 passed the Wild Bird and Animals
Protection Act, 1912 which was amended in 1935. It was
this 1912 Act that prohibited, for the first time, the killing
of wild animals and birds and the disobedience of this
3 See, Sanjay Upadhyay, Videh Upadhyay, Forest Laws, Wildlife Laws an d th e

Environment (2002), p 229.
4 See, Divan an d Rosencranz, Environmental Law an d Policy in India(2001), p .
31
5 See, B. K. Shar ma , Environmental Chemistry, Wildlife(2007) p . 6
6 See, Sanjay Upadhyay, Videh Upadhyay, Forest Laws, Wildlife Laws an d th e
Environment (2002), p 228 .
72
mandate entailed penal consequences. It empowered the
local government to apply the provisions of the act to any
kind of wild bird or animal, other than specified in the
schedule, which, in its opinion, was desirable to protect or
preserve.'^
After Independence, the Constituent Assembly in Draft
Constitution placed "Protection of Wild Birds and Wild
An imals" at entry No. 20 in the State List and State
legislature had been given power to legislate. It was later
shifted to Concurrent List by 42"'* Amendment Act 1976. It
has given a greater say to the centre by placing subjects
'forests'^ and 'protection of wild animals'^ and birds, in the
Concurrent List.io
Realising the importance of wildlife resource and in
order to prevent its depletion, several steps have been taken
in the country by way of enactment of various Wildlife Acts.
In the following pages important legislations related to
wildlife shall be taken up one by one in chronological order.
II. Madras Elephant Preservation Act, 1873
In the field of wild life protection early legislation was
limited to specific areas and particular species. In 1873,
Madras enacted the first Wild Life Statute for the protection
of Wild Elephants. The law introduced a general prohibition
on the destruction of wild elephants and imposed a penalty
on those who violated the embargo. The first effort by
Central Government came six years later with the passing of
the Elephant Preservation Act, 1879.
7 Ibid.
8 Entry 17A, Schedule VII, The Constitution of India.
9 Entry 17B, Schedule VU, The constitution of India.
10 See, S. N. Dhyani, Wildlife management: Wildlife Protection Legislation, (1994),
p62 .
73
III. The Elephan t Preservatio n Act , 187 9
This Act wa s enacte d for th e preserv atio n of e l e p h a n t s .
No perso n shal l kill, injure or cap t ur e , or a t te mp t to kill,
injure or c apture , any wild elephan t u n l e s s in defenc e of
himself or some othe r person , whe n suc h elephan t i s foun d
injuring house s or cultivation , or upon , or in th e i m m e d i a t e
vicinity of, an y mai n public roa d an d an y railway or cana l
or a s permitte d by licence- grante d un de r thi s Act.^^
Whoever contravene s sec. 3 of th e Act shal l be

punishe d with fine which may exten d to Rs. 50 0 for eac h
elephan t concerned . And whoever break s an y co nditio n
containe d in a licence grante d unde r thi s Act shal l be
punishe d with fine which may exten d to Rs. 500 . Any
perso n convicted of a second offence unde r thi s sectio n
shall be pu ni s he d with i mp r is on me n t whic h may exten d to
six mo nt hs , or with fine or with both .
When any perso n holding a licence unde r thi s Act is

convicted unde r thi s section suc h licence shal l becom e void
an d shall be delivered u p to th e Magistrate.^^
IV. The Wild Birds and Animal s P r o t e c t i o n Act , 1 9 1 2

In 1887, th e Centr e enacte d th e Wild Bird s Protectio n
Act prohibitin g th e possessio n or sale of wild bird s recentl y
killed or taken , durin g notified breedin g season , i^
In 1912, th e Centra l Governmen t enacte d a b r o a d e r .

Wild Bird s an d Animals Protectio n Act. Extendin g to mos t of
th e Britis h India, thi s law specified closed h u n t i n g s e a s o n s
an d regulate d th e hu nt i n g of desi gnate d specie s t h r o u g h
licenses . Indeed all th e legislation s primaril y relate d to th e
11 See, The Elephant Preservation Act, 1879, Sec3.

12 See, The Elephant Preservation Act, 1879. Section7.
13 See, Divan an d Rosencranz, Environmental Law an d Policy in India(2001), p .
31
74
regulation of hunting and did not regulate trade in wildlife.
As a consequence, wildlife depredation continued and many
species became extinct, i'*
The State Government may declare the whole year or
any part thereof to be a close time throughout the whole or
any part of it's territories for any kind of wild bird or
animal, to which this Act applies, or for females or
immature wild birds or animals of such kind. During such
close time, it shall be unlawful to capture or kill any such
bird or animal which has not been captured before the
commencement of such close time; or to sell or buy or offer
to sell or buy or to possess any such bird or animal which
has not been captured or killed before the commencement of
such close time or flesh thereof; if any plumage has been
taken from any such bird captured or killed during such
close time. 15
Penalties
Whoever does or attempts to do, any act contravening
Sec. 3, shall be punishable with fine which may extend to
fifty rupees. Whoever is convicted second time under this
section, on every subsequent conviction, be punishable with
imprisonment for a term which may extend to one month or
with fine which may extend to one hundred rupees or with
both.16
When any person is convicted under sec. 3 the

convicting Magistrate may direct that any bird or animal in
respect of which such offence has been committed, or the
flesh or any other part of such bird or animal, shall be
14 Ibid.
15 See, The Wild Birds an d Animals Protection Act, 1912, Section 3
16 Ibid. Section 4.
75
confiscated in addition to the other punishment provided by
Sec. 4 for such offence.i'^
No court inferior to that of a Presidency Magistrate or
a Magistrate of the second class shall try any offence
against this Act.i^
State Government may grant to any person a licence in
the interests of scientific research subject to such
restriction and conditions as it may impose.i^
V. The Wildlife (Protection) Act, 1972
A law is nothing but a reflection of the aspirations and
mores of a society, and undergoes changes with time. Till
the middle of the last century, wildlife in India was
abundan t and their habitat largely intact. Hunting was a
popular sport. In the early seventies it became clear to
decision makers that unless a uniform, well structured law
was promulgated across the country, survival of wildlife
would be in danger. The Wildlife (Protection) Act, 1972 was
therefore put into place. It became applicable to all the
States of India except Jammu and Kashmir, which later
enacted its own law called the Jammu and Kashmir Wild
Life (Protection) Act, 1978.20
The Wildlife Protection Act was promulgated with three
specific objectives in mind:
• To provide uniform legislation for protection of wildlife
throughout the country.
• To prevent hunting of and trading in wildlife or any
product thereof.
17 See, The Wild Birds an d Animals Protection Act, 1912, Section 5.

18 See, The Wild Birds an d Animals Protection Act, 1912, Section 6.
19 See, The Wild Birds an d Animals Protection Act, 1912, Section 7
20 See, Ashok Kumar, Laws tha t Protect Wildlife: The WildUfe (Protection) Act,
1972, (2002), p. 18.
76
• To set the parameters for the establishment and
maintenance of protected areas such as national park s
and sanctuaries.21
This was the first comprehensive legislation affording
legal measures for the protection of wild animals including
birds, reptiles, amphibians, insects, etc. and the
endangered species in particular. It also provides for setting
up of national parks and wildlife sanctuaries , regulation of
trade or commerce in wild animals, products and trophies,
etc.
There are six schedules in the act which list th e rare
and endangered species to be totally protected.22 The
Wildlife Protection Act, 1972 was passed by the Parliament
and it was assented to by the President on 9*^^ September,
1972. It was amended in 2002 and received the assen t of
President on 17.01.2003. It came to be known as the Wild
Life Protection (Amendment) Act, 2002. The last amendmen t
that took place in the Act was in 2006 and it came into
effect on 4.09.2006. By this amendment Chapter IVB was
added which contained sections 38K to 38X and chapter IVC
which included sections 38Y and 38Z. The act came to be
known as Wildlife (protection) Amendment Act, 2006. The
Wildlife (Protection) Amendment Bill, 2010 is lying pending
in the Parliament as for now.
In the Wildlife (Protection) Act, 1972 (herein referred
to as the Principal Act), for long title, the following long title
shall be substituted, namely-
"An Act to provide for the protection of wild
animals, birds and plants, and for matters
21 See, Nalin Ranjan Jen a :People, Wildlife an d Wildlife Protection Act., Economic
an d PoHtical Weekly (1994) p 2767.
22 See, S.M. Nair: Endangered Animals of India an d their Conservation, (1992) p .
100.
77
connected therewith or ancillary or incidental
thereto with a view to ensuring the ecological and
environmental security of the country."
VI. Statutory Framework on Wildlife Protection

(a) Definitions
i. Wildlife
Section 2(37) defines wildlife to include 'any animal,
aquatic or land vegetation which forms part of any habitat.'
This definition is significant as destruction of habitat
would amount to destruction of Wildlife itself.
ii. Wild Animal
The Wildlife Protection Act goes beyond the common
understanding of wild animal while defining it in two parts -
one, where a wild animal is defined to be 'any animal found
wild in nature.'23 Second, where any animal specified in
various Schedules, (Schedules I, II, III, IV, V)24 that have
been appended in the Wildlife Protection Act, wherever
found. The reason for this broad definition is perhaps aimed
to cover wild species more comprehensively, in order to
prevent illegal trade or poaching outside the wild.
iii. Hunting
The definition of hunting under the Wildlife Protection
Act is quite comprehensive. It not only covers capturing,
killing, poisoning, snaring and trapping of a wild animals
but also includes every attempt to do so. Further, hunting
also includes 'driving' any wild animal for the above said
purposes. Injuring or destroying or taking any part of the
body of any such wild animal or in the case of a wild bird or
reptile, damaging the egg of such birds or reptiles or even
23 See, The Wildlife Protection (Amendment) Act, 2002, Section 2(36).
78
disturbing the eggs or nests of such birds or reptiles would
also amount to hunting.25
iv. Scheduled Animal
The concept of 'scheduled animal' was introduced in
1986 vide Amendment Act, 1986. There is need to clarify
this definition because the concept of scheduled animal and
wild animals listed under the various schedules in the
wildlife Protection Act, are often interchanged and
misinterpreted.
A scheduled animal is defined to include any animal
listed in Schedule I and Part II of Schedule II whereas, a
wild animal is listed in different schedules i.e. Schedule I,
II, III and IV in accordance with the degree of protection
accorded to it. Scheduled animal has been accorded the
highest protection. Trade in any such scheduled animal is
completely banned.^^
V. Specified Plant
Specified plants are those which are specified in
schedule VI of the Wildlife Protection Act. Only six species
of plant have been included in this schedule. Chapter IIIA
prohibits willful picking, uprooting, damaging, destroying,
acquiring or collecting any specified plant from any forest
land or any area specified by notification by the Central
Government.27
vi. Vermin
Section 9 which prohibit hunting, excludes the wild animals
listed in Schedule V relating to vermin. Only four
25 See, The Wildlife Protection Act, 1972, Section 2(16).

26 See, The Wildlife Protection (Amendment) Act, 1986, Section 49(A).
27 See, The Wildlife Protection Act, (Amendment), 1991 Section (27).
79
species of wild animals i.e. common crow, fruit bats, mice
and rats are permitted to be hunted.^8
vii. Animal article
It means an article made from any captive animal or
wild animal, other than the 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 there from.^^
viii. Livestock
Livestock means farm animals and includes 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.30
ix. Meat
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
vermin.31
X. Protected area
The term 'protected area' is not defined under the
Wildlife Protection Act. However, the Supreme Court has
clarified in a significant case that the expression 'protected
area' was intended to and does refer to all the areas which
have had legal protection against non-forest activities that
devastated the environment including poaching, mining,
felling of trees etc. Under the Wildlife Protection Act
'Protected area' means a National Park, a sanctuary, a

29 See, The WUdlife Protection (Amendment) Act, 2002, Section 2(2).
30 See, The Wildlife Protection (Amendment) Act, 2002 , Section 2(18-A).
80
conservation reserve or a community reserve notified under
sections 18, 35, 36A and 36C of the Act.32
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.^^
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.^4
A 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.
xi. Taxidermy
Taxidermy with its grammatical variations and cognate
expressions means the curing, preparation or preservation
or mounting of trophies.^s
xii. Trophy
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 rugs, skins and specimens of such
animal mounted in whole or in part through a process of
taxidermy, and antler, bone, carapace, shell, horn,
rhinoceros horn, hair, feather, nail, tooth, tusk, musk,
eggs, nests and honeycomb.^^
32 See, The Wildlife Protection (Amendment) Act, 2002, Section 2(24-A).

81
xiii . Uncured Trophy
It mean s th e whole or any par t of any captive anima l
or wild animal , othe r tha n vermin, which ha s not u n d e r g o n e
a proces s of taxidermy , an d include s a freshly killed wild
animal , ambergris , mus k an d othe r anima l products.^ 7
xiv . Weapon
Weapon include s a mmu n it io n , bows an d arrows ,

explosives, firearms , hooks , knives , nets , poison , s na re s
an d trap s an d any i n s t r u me n t or a p p a r a t u s capabl e of
an ae st he ti zi n g , decoying, destroying , injurin g or killing a n
animal.38
(b) Authoritie s under The Wildlife (Protection ) Act ,

197 2
Under the Centra l Government , th e highes t officer for

wildlife preservatio n is th e Director, Wildlife Preservation .
He is assiste d by th e Assistan t Director s an d suc h othe r
officers an d employees a s may be necessar y . The Directo r
shal l follow th e direction s given by th e Centra l Governmen t
from time to time in th e performanc e of hi s dutie s an d
exercise of hi s powers.39
(c) Appointmen t of Chief Wildlife Warden and othe r

officers
The Stat e Governmen t may appoin t a Chief Wildlife

Warden , usuall y of th e ran k of Chief Conservato r of Fores t
an d is assiste d by Wildlife Wardens , Honorary Wildlife
Warden s an d suc h othe r officers an d employees a s may be
necessar y . The Chief Wild Life Warde n shal l follow th e

39 See, The Wildlife Protection Act, 1972, Section 3.
82
direction s of the Stat e Governmen t from time to tim e in th e
performanc e of hi s dutie s an d exercis e of hi s powers . The
Wild Life Warden an d othe r officers an d emplo yee s shal l be
su bo rd i na t e to Chief Wild Life Warden.ô
(d) Delegatio n of Power and Dutie s
The Director an d Chief Wild Life Warde n wit h th e

previou s approva l of th e Centra l Govern men t an d Stat e
Governmen t respectively, by orde r in writing , delegat e all or
any of hi s powers an d dutie s to an y officer s u b o r d i n a t e to
hi m.4 1
(e) Co ns t it ut io n of National Board for Wild Life

Section 5 A wa s inserte d by th e Wildlife (Protection) Amendment ,
Act, 2002 . The National Boar d for Wild Life is constitute d unde r thi s
section."^^
(f) Standin g Committe e
The National Board may c o n s t i t u t e a St a n d i n g

Committee for th e purpos e of exercisin g suc h power s an d
performing suc h dutie s a s may be delegate d to th e
40 See, The Wildlife Protection Act, 1972, Section 4

41 See, The Wildlife Protection Act, 1972, Section 5
42 See, The Wildlife Protection (Amendment) Act, 2002 , Section 5 A (2). The
National Board of Wildlife consists of th e Prime Minister a s Chairperson , th e
Minister-in-charge of Forests an d Wild Life a s Vice Chairperson, thre e
member s of Parliament, one membe r from Planning Commission in-charg e of
Forests an d Wild Life, five persons to represen t Non-Governmental
Organisations, ten person s from amongs t eminen t conversationalists,
ecologists an d environmentalists, the Chief of the Army Staff, th e Secretary to
the Government of India in-charge to th e Ministry of Departmen t of th e Central
Government, Ministry of Defence, Ministry of Information an d Broadcasting,
Department of Expenditure, Ministry of Finance, Ministry of Tribal Welfare, th e
Director-General of Forests in th e Ministry or Departmen t of th e Central
Government, Tourism, Government of India, Indian Council for Forestry
Research an d Education, Dehradun, the Director Wild Life Institute of India,
Zoological Survey of India, Botanical Survey of India, Indian Veterinary
Research Institute an d National Institute of Oceanography, th e Member-
Secretary Central Zoo Authority, one representative each from te n State s an d
Union Territories by rotation, to be nominated by th e Central Government, th e
Director of Wild Life Preservation who shall be th e Member Secretary of th e
National Board.42 The term of office of the memb ers , th e ma nne r of filling
vacancies, an d th e procedure to be followed in th e discharge of their functions
shall be suc h a s may be prescribed.
83
Committee by the National Board which shall consist of Vice
Chairperson, the Member-Secretary, and not more tha n 10 members to
be nominated by the Vice Chairperson.^3
(g) Functions of the National Board
It includes the duty to promote the conservation and
development of wild life and forests without prejudice to the
generality of the foregoing provision which may provide for
framing polices and advising the Central Government and
the State Governments and making recommendations on the
setting up of and management of national parks ,
sanctuaries and other protected areas, to review the
progress in the field of wild life conservation in the country
from time to time.'^'*
(h) State Board of Wild Life
The State Board is constituted under this section in
the similar way as National Board for Wild Life is
constituted but it is to be constituted within six month s
from the date of commencement of the Wildlife (Protection)
Amendment Act, 2002.45
Sections 7 and 8 give the procedure to be followed and
duties of the Board. The primary duties of the board include
advising on selection of national park and sanctuaries ,
formulating policy on protection of wildlife and plants ,
advising on any matter relating to schedules and taking
suitable measures for harmonizing needs of tribals and
other forest dwellers with wildlife protection and
conservation.46
43 See, The Wildlife Protection (Amendment) Act, 2002, Section 5 B.

44 See, The Wildlife Protection (Amendment) Act, 2002, Sec 5 C.
45 See, The Wildlife Protection (Amendment) Act, 2002, Section 6.
46 See, The Wildlife Protection Act, 1972, Sees. 7 and 8.
84
(i) Hunting of Wild Animals
This chapter deals with Hunting of Wild Animals. The
laws on hunting of wild animals have been incorporated
under section 9 of the Wildlife (Protection) Act, 1972. The
animals specified in schedule I-IV of the Act cannot be
hunted by any person'^'^.
i) Cases where Hunting of Wild Animals is permitted
Hunting of wild animals is to be permitted in certain
cases provided under section 11. Section 11 distinguishes
between Schedule 1 and the rest of the animals listed in
schedule H to IV in the following manner.
In case of schedule I animal, if the Chief Wildlife
Warden of any state is satisfied that such animal ha s
become dangerous to human life or is so disabled or
diseased beyond recovery then he may, by order in writing
and stating the reasons therefor, permit any person to hun t
such animal or cause such animal to be hunted.
In case of a wild animal specified in Schedule II to IV,
the Chief Wildlife Warden or an Authorised Officer may
permit such hunting as stated above not only when such
wild animal has become dangerous to human life but also
when it becomes dangerous to property and such property
may include standing crops on any land. The above
distinction clearly shows that even when a Schedule I
animal becomes dangerous to property then it cannot be
hunted. Secondly, in case of Schedule I animal, only the
Chief Wildlife Warden has empowered to grant the
permission to any person to hun t such animal. Provided
that no wild animal shall be killed if it can be captured.
85
tranquilized or translocated according to Chief Wildlife
Warden's satisfaction. Such animal shall not be kept in
captivity if it can be rehabilitated in wild.'*^ Any person may
be permitted to hun t such animal in a specified area.'^^
Another exception where hunting of wild animal may
be permitted is in case of killing or wounding of any wild
animal in good faith in defence of one-self or of any other
personô and such animal shall be Government property.î
ii) Grant of Permit for Special Purposes
The permit for hunting shall also be granted by the
Chief Wildlife Warden in special purposes on payment of
prescribed fee. The purpose may be education, scientific
research, and scientific management, collection of
specimens, derivation, collection or preparation of snake-
venom for the manufacture of life saving drugs. These
permits shall not be granted without the prior permission of
Central Government (Schedule I) and State Government
(Schedule II-IV).52
(j) Protection of Specified Plants
Specified plants are those, which are specified in
Schedule VI of the Wildlife (Protection) Act, 1972. Only six
species of plants have been included in this schedule.
Chapter III-A inserted by Act in 1991 prohibits willful
picking, uproo.ting, damaging, destroying, acquiring or
collection of any specified plant from any forest land or any
area specified by notification by the Central Government.
The possession, sale, gift or transport of any specified plant
4 8 See, The WUdlife Protection Act, 1972, Sec 1 l(l)(a).

49 See, The Wildlife Protection Act, 1972, Sec ll(l)(b) .
50 See, The WUdlife Protection Act, 1972, Sec 11(2).
51 See, The Wildlife Protection Act, 1972, Sec 11(3).
86
whether alive or dead or even its parts or derivative is also prohibited
under the said chapter.^^
(i) Grant of Permit for Special Purposes
The Chief Wildlife Warden may with the prior
permission of State Government, grant to any person a
permit to pick, uproot, acquire or collect any specified plant
for the purpose of education, scientific research, collection
preservation and display in herbarium of any scientific
institutions or propagation by a person or an institution
approved by the Central Government.^4
(ii) Cultivation of Specified Plants without Licence
Prohibited
The cultivation of specified plants without licence by
any person is prohibited except when licence is granted by
Chief Wildlife Warden or any other officer authorised by the
State Government in this behalf and the licence shall
specify the area in which the licensee shall cultivate a
specified plant and under what conditions.^^
(iii) Carrying on a business or occupation as a dealer in
specified plants without license prohibited
No person shall carry on business or occupation as
dealer in specified plant or part or derivative without a
licence granted by the Chief Wildlife Warden or any other
officer authorised by the State Government.^^ Every Licence
shall specify the premises in which the licensee shall carry
on business and on what conditions.^'^
53 See, The Wildlife Protection (Amendment) Act, 1991, Section 17-A

54 See, The Wildlife Protection (Amendment) Act, 1991, Section 17-B.
55 See, The Wildlife Protection (Amendment) Act, 1991, Section 17-C.
56 See, The Wildlife Protection (Amendment) Act, 1991, Section 17-D (1).
57 See, The Wildlife Protection (Amendment) Act, 1991, Section 17-D (2).
87
(iv) Declaration of Stock
Every person cultivating or dealing in a specified plant
or part or derivative shall within 30 days from the
commencement of the Wildlife (Protection) Amendment Act,
1991, declare to the Chief Wildlife Warden or any other
officer authorised by the State Government, stocks of such
plants and part or derivative's
Sec 17C and 17D are to be read in relation with sub •
section 3-8 of Sec. 44, Sec. 45, Sec. 46 86 Sec. 47.59
Wildlife (Specified Plants Stock Declaration) Central
Rules, 1995 gives a form in which the dealer shall specify
plants and their derivatives and declare his stocks of
specified plants, parts and their derivatives to the Chief
Wildlife Warden.60
(v) Possession of plants by license e
No licensee shall keep in his control any specified
plant or derivative which has not been declared unde r Sec.
17 E or has been unlawfully acquired or ha s not complied
with the conditions subject to which the license ha s been
granted.61
(vi) Plants to be Government Property
If any offence is committed against this Act in respect
of any specified plant or part or derivative, it shall be the
property of State Government. If such plant or derivative
has been collected or acquired from a Sanctuary or National
Park such plant or derivative shall be the property of the
Central Government.^2
58 See, The Wildlife Protection (Amendment) Act, 1991 , Section 17 E (1).

59 See, The Wildlife Protection (Amendment) Act, 1991 , Section 17 E (2).
60 See, The Wildlife (Specified Plants Stock Declaration) Central Rules, 199 5
61 See, The Wildlife Protection (Amendment) Act, 1991 , Section 17-F
62 See, The Wildlife Protection (Amendment) Act, 1991 , Section 17 H
88
In Chapter IV of the Principal Act, for headin g
'Sanctuaries, National Parks and Closed Areas,' the
following heading shall be substituted, namely - 'Protected
Area'. The wildlife Protection Act as amended provides for
these three categories of protected area which are described
below.
(k) Sanctuaries
i) Declaration of Sanctuary
A sanctuary is an area that is established unde r the
three provisions of the Wildlife Protection Act, i.e. 26A,
38(1) and 66(3). For an area of land or water, of any legal
statu s except reserved forests and territorial waters aroun d
India's coast to be notified a sanctuary unde r section 26A
there are three conditions to be fulfilled:
• Firstly, a notification under section 18 mus t be issue d
declaring the intention and the boundarie s of a
particular area that is required to be declared a
sanctuary.
• Secondly, the period after proclamation made by the
collector for preferring claims and with regard to
peoples' rights must elapse.
• Thirdly, all the claims made in relation to any land
must be disposed off by the State government.
The State Government may declare its intention to
constitute any area other than area comprised within any
reserve forest or the territorial waters as a sanctuary , for
the purpose of protecting, propagating or developing wildlife
or its environment.63
63 See, The Wildlife Protection (Amendment) Act, 1991 Section 18.
89
ii) Protection to Sanctuaries
In relation to above said provision Sections 27 to 33A
shall come into effect forthwith. Till the rights of affected
persons are finally settled under Sections 19-24, the State
Government shall make available fuel, fodder and other
forest produce to the persons affected.^'*
iii) Appointment of Collectors
The State Government shall appoint an officer as
Collector to inquire into and determine the existence,
nature and extent of rights of any person in or over the
limits of the sanctuary.^^
iv) Proclamation by Collector
The Collector or any other officer so authorised is
required to issue a proclamation notification within a period
of sixty days under section 21 of the Wildlife Protection Act.
Such proclamation is required to be published in regional
language in every town or village or in the neighbourhood of
the area specifying the boundaries of such a proposed
protected area. Under the said notification, any claim unde r
section 19 is required to be submitted within two month s
from the date of such proclamation. The 'claim' includes the
nature and extent of such rights in a written form and in a
prescribed manner. The collector shall publish a
proclamation within a period of sixty days, after the
notification.^^
v) Inquiry by Collector
Section 22 of the Wildlife Protection Act describes the
process of inquiry by the collector or his authorised officer.
This inquiry includes the claims under section 2 1 as well as
64 See, The Wildlife Protection (Amendment) Act, 2002, Section 18A.
65 See, The Wildlife Protection (Amendment) Act, 2002, Section 18B.
90
claims under section 19 which may exist as per the collector
but not claimed. For the purpose of the inquiry, the
collector is vested with the same powers as are vested in
civil courts for the trial of suits. Inquiry into the claim
preferred under Sec. 21(b) shall be done by the Collector
after service of prescribed notice upon the claimant.^7
vi) Acquisition Proceedings
The claims under section 19 are dealt with in a
manner described under section 24 of the Wildlife
Protection Act. Under this section the collector is
empowered to pass an order which may admit or reject a
claim in whole or part. If such a claim is admitted wholly or
partly, then such land may either be excluded from the
limits of the protected area or acquired by the state. Such
acquisition may either be under an agreement between the
right holder and the government or where such right holder
has agreed to surrender his right to the government in lieu
of compensation as per the Land Acquisition Act, 1894. In
case of sanctuaries, the collector has been given special
powers under section 24(2) (c) to allow any right over any
land in consultation with the Chief Wildlife Warden of the
State. The Collector, for the purpose of acquiring such land
or rights in or over such land with the consent of the
claimant or the court with the consent of both the parties,
may award compensation in land or money or partly in land
and partly in money.^^

91
vii) Time-Period for completion of proceedings
The acquisition proceeding should be completed as far
as possible within a period of two years from the date of
notification of declaration of sanctuary under section 18.^^
Sec 26 A describes the provisions for declaration of
area as sanctuary. A sanctuary or a national park may be
finally notified under sections 26A or 35(4) of the Wildlife
Protection Act only after the period of claim ha s elapsed and
all other claim have been disposed of. After the final
notification of the protected area, no alteration of
boundaries shall take place except on a recommendation of
the National Board.ô
viii) Restriction on entry into a Sanctuary

No person other than a public servant on duty, a
person permitted to reside within the limits of the sanctuar y
or who has any right over immovable property within the
limits of a sanctuary or a person passing along a public
highway through the sanctuary or the dependents of the
person referred to in Clause (a), (b) or (c) shall enter or
reside in the sanctuary.'^^
Every person residing in the sanctuary shall be bound
to prevent commission of an offence, to help in discovering
and arresting the offender if the offence ha s been
committed, to report the death of any wild animal, to
extinguish fire 86 prevent from spreading it and to assis t any
forest officer to prevent the commission of any offence in
the sanctuary.''2
69 See, The Wildlife Protection (Amendment) Act, 2002 , Section 25A.

70 See, The Wildlife Protection (Amendment) Act, 1991 , Section 26A (3).
92
No person shall alter, destroy, move or deface any
boundary mark of a sanctuary and no person shall tease or
molest any wild animal or litter the grounds of sanctuary.'''^
ix) Grant of permit to enter or reside in a Sanctuary
The Chief Wildlife Warden may grant a permit on
application to any person to enter or reside in a sanctuary
for some purpose as study of wildlife, photography etc.'^'^
No person shall destroy, exploit or remove any wildlife
including forest produce from a sanctuary except in
accordance with the permit granted by the Chief Wildlife
Warden. The forest produce removed from sanctuary may be
used for meeting personal needs and not for commercial
purposes.'^5
x) Causing fire and entry into sanctuary with weapon

and injurious substance, banned.
No person shall set fire to a sanctuary'^^ or enter
sanctuary with any weapon'^'^ or use chemicals, explosives or
any other substance causing injury to any wildlife.'^^
xi) Control of Sanctuaries
The Chief Wildlife Warden shall be authorised to
control, manage and maintain all sanctuaries and for that
purpose he may construct roads, bridges, buildings, fences
etc. and such other steps to ensure the security of wild
animals and take such measures which are in the interest
of wildlife. He may regulate, control or prohibit the grazing
or movement of livestock.'^^
73 See, The Wildlife Protection (Amendment) Act, 1991, Section 27(3) an d 27(4).
74 See, The Wildlife Protection Act, 1972, Section 28 .
75 See, The Wildlife Protection (Amendment) Act, 2002 Section 29.
93
xii) Immunization of livestock
To keep wildlife free from communicable diseases from
other domestic animals, the livestock within 5 kilometers of
the sanctuary are required immunization against
communicable diseases.ô
xiii) Advisory Committee
The State Government shall constitute an Advisory
Committee consisting of Chief Wildlife Warden as its head
which shall render advice on measures to be taken for
better conservation and management of the sanctuary
including participation of the people.î
xiv) Registration of certain persons in possession of
arms
When an area is declared as a sanctuary, then within 3
months from such declaration a licence holder, residing in
or within 10 km of any such sanctuary, is holding arms
shall apply for registration of his name, to the Chief Wildlife
Warden. On receipt of an application the name of the
applicant shall be registered by the Chief Wildlife Warden
and without his concurrence no new licenses shall be
granted.82
xv) Power to remove encroachment

An Assistant Conservator of Forests may evict any
person who unauthorizedly occupies Government land in a
sanctuary or a National Park.^^

82 See, The Wildlife Protection Act, 1972 Section 34.
83 See, The Wildlife Protection (Amendment) Act, 2002, Section 34 A.
94
(1) National Parks
(i) Declaration of National Park
A National Park can be established under three
provisions of the Wildlife Protection Act, i.e. section 35,
section 38(2) and section 66(3). For an area to be declared a
National Park under section 35, an intention is declared by
notification for an area, which is of ecological, faunal, floral
and geomorphologic importance. A National Park is notified,
first, when the period of preferring claims has elapsed,
second when all claims in relation to any land in the area
intended to be a National Park are disposed off by the State
Government and lastly, when all rights in respect of land
which is proposed to be included in the National Park are
vested in the Government. After all the above conditions
have been fulfilled the State Government shall issue a
notification specifying the limits of the area that is being
declared as National Park.^^
No alteration of the boundaries of the National Park by
the State Government shall be made except on
recommendation of the National Board^^ and no person shall
destroy, exploit or remove any wildlife including forest
produce except in accordance with a permit granted by the
Chief Wildlife Warden for the improvement and better
management of wildlife.^^ The forest produce may only be
used for personal use. No livestock shall be permitted to
enter a National Park.^'^
Under section 38(2) the Central Government can
declare a certain area as a National Park. However, there
are two conditions that need to be fulfilled: Firstly, the
84 See, The Wildlife Protection Act, 1972 Section 35 .

85 See, The Wildlife Protection (Amendment) Act, 2002, Section 3 5 (5).
87 See, The Wildlife Protection Act, 1972 Section 3 5 (7).
95
stat e Government either leases or transfers any area under
its control to the Central Government, whether it is a
sanctuary or not, and secondly, the Central Government is
satisfied that the particular area satisfies the condition
under section 35, i.e. it is of ecological, geomorphological,
faunal and floral significance.
Under section 66(3) the provisions are with regard to
the National Parks that existed prior to the commencement
of the present act. National parks that existed prior to this
Act, e.g. Hailey National Park, notified under a special law
enacted for this purpose, would be deemed to be National
park under this Act.
(ii) Declaration and Management of Conservation
Reserve
The State Government may 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 Conservation Reserve for
protecting landscapes, seascapes, flora & fauna and their habitat. 88
The State Government shall constitute a Conservation Reserve

Management Committee to advise the Chief Wildlife Warden to
conserve, manage and maintain the Conservation Reserve and it shall
regulate its own procedure.^^
Where the community or an individual has volunteered
to conserve wildlife, the State Government may declare any
private or community land as a Community Reserve for

96
protecting flora, fauna and traditional or cultura l
conservation values and practices.^°
The State Government shall constitute a Community
Reserve Management Committee, which shall be responsible
for the conservation, maintenance and management plan for
the Community Reserve. 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 wildlife and its habitat.î
(m) Central Zoo Authority and Recognition of Zoos
i) Constitution of Central Zoo Authority
Central Zoo Authority shall be constituted by the
Central Government which shall consist of Chairperson,
maximum of ten members and Member Secretary. It shall
exercise and perform the functions assigned to it.^^
The term of office of Chairman or a member shall not
exceed 3 years. He may resign by giving in writing to the
Central Government. The Central Government shall remove
a person from the office of Chairperson or member if he
becomes insolvent or gets convicted and sentenced to
imprisonment for an offence which involves moral turpitud e
or becomes of unsound mind etc. A vacancy shall be filled
by fresh appointment. The terms and conditions shall be
such as may be prescribed. No act or proceedings of the
Authority shall be questioned or be invalid merely on the
grounds of any vacancy.^^
90 See, The Wildlife Protection (Amendment) Act, 2002 , Section 36C.

91 See, The Wildlife Protection (Amendment) Act, 2002 , Section 36D
92 See, The Wildlife Protection (Amendment) Act, 2002 , Section 38A.
9 3 See, The Wildlife Protection (Amendment) Act, 2002 , Section 38B.
97
ii) Functions of the Authority
It shall be the function of the authority to specify the
minimum standards for housing and veterinary care of
animals kept in a Zoo, recognise or de-recognise Zoos,
identify endangered species of wild animals, co-ordinate
training of Zoo personnel in India and outside India, provide
technical or other assistance to Zoos and many more. It
shall perform such other functions as may be necessary.^"^
iii) Grants and loans to authority and constitution of
fund
The Central Government may make grants and loans of
such sums of money to the Authority as the government
may consider necessary. Central Zoo Authority Fund shall
be constituted which shall be applied to pay the salary,
allowances and other remuneration of the members, offices
and other employees. Accounts shall be audited by the
Comptroller and Auditor General of India or any person
appointed by him who shall have the same rights as himself.
The accounts of the Authority certified by the Comptroller
and Auditor General of India shall be forwarded annually to
the Central Government.^^
iv) Recognition of Zoo by the Authority

No zoo shall be operated without being recognized by
the Authority. Every application for recognition of a zoo
shall be made to the Authority in Form I given in the
Recognition of Zoo Rules, 2009^^ and on payment of such fee
as may be prescribed.^'^
94 See, The WUdlife Protection (Amendment) Act, 2002, Section 38C.

9 5 See, The Wildlife Protection (Amendment) Act, 2002, Section 38E.
96 See, The Recognition of Zoo Rules, 2009, Rule 3.
97 Ibid. Rule 4, A fee of Rs. 10000/- to be paid in respect of every application.
98
The Authority shall grant the recognition to a Zoo if it
is satisfied having due regard to the interests of protection
and conservation of wildlife and standards , norms and other
matters which are specified under Rule 10 of Recognition of
Zoo Rules, 2009.98
The applicant shall be given a reasonable opportunity
of being heard before his application is rejected and an
appeal against this order for refusal shall be made to the
Central Government within 30 days from the date of
communication of the order to the applicant.^^
v) Acquisition of animals by a Zoo
No zoo shall acquire, sell or transfer any wild animal
or captive animal specified in Schedule I 85 II except with
prior permission of the Authority and from or to a
recognized 200.1"^°
Chapter IVB was inserted to the wildlife protection act
by The Wildlife Protection Amendment Act, 2006. The
Wildlife Protection Amendment Act, 2006 came into force on
4^^ September, 2006. The Act provides for creating the
National Tiger Conservation Authority and the Tiger and
other Endangered Species Crime Control Bureau.
(n) National Tiger Conservation Authority!"^
The implementation over the years ha s highlighted the
need for a statutory authority with legal backing to ensur e
tiger conservation. On the basis of the recommendations of
National Board for Wildlife, a Task Force was set up to look
into the problems of tiger conservation in the country. The
Task Force, interalia include strengthening of Project Tiger
98 Ibid. Rule 10.

99 See, The Wildlife Protection (Amendment) Act, 2002 , Section38 H.(8).
100 See, The Wildlife Protection (Amendment) Act, 2002 . Section 38-1.
101 See, The WUdlife Protection (Amendment) Act, 2006 .
99
by giving it statutory and administrative powers, apart from
creating the Wildlife Crime Control Bureau. It ha s also
recommended that an annual report should be submitted to
the Central Government for laying in Parliament, so that
commitment to Project Tiger is reviewed from time to time,
in addition to addressing the concerns of local people.
i. Constitution of National Tiger Conservation
Authority
The National Tiger Conservation Authority is set up
under the Chairmanship of the Minister for Environment
and Forests and Minister of the State in the Ministry of
Environment and forests shall be the Vice- Chairperson. The
Authority will have eight experts or professionals having
qualifications and experience in wildlife conservation and
welfare of the people including tribals, apart from three
Members of Parliament of whom two will be elected by the
House of the People and one by the Council of States. The
Inspector General of Forests, in charge of project Tiger, will
be ex-officio Member Secretary. The other members are
Secretary, Ministry of Environment and forests. Secretary,
Ministry of Tribal Affairs, Secretary, ministry of Social
Justice and Empowerment, Chairperson, National
Commission for the Scheduled Tribes, Chairperson, national
Commission for scheduled castes. Secretary, Ministry of
Panchayati Raj, Director, Wildlife Preservation, Ministry of
Environment and forests and six Chief Wildlife Wardens( in
rotation from Tiger Reserve States). 102
ii. Powers and Functions of Tiger Conservation
Authority
The functions and power of Authority includes,
approval of Tiger conservation plan prepared by the State
102 See, The Wildlife Protection (Amendment) Act, 2006, section 38L (2).
100
Government under sub- section (3) of section 38V of this
act, laying down normative standards for tiger conservation,
providing information on several aspects which include
protection, tiger estimation, statu s of habitats , disease
surveillance, mortality survey, patrolling, etc., ensuring
measures for addressing man- wild animal conflicts and
fostering co- existence with local people. i03
The Tiger Conservation Authority may, in the exercise
of its powers issue directions in writing to any person,
officer or authority for protection of tiger, tiger reserve and
they are bound to follow the directions but such directions
shall not interfere with or affect the rights of the local
people particularly the scheduled tribes.lO"*
iii. Audit, accounts and annual report of the tiger
Conservation authority
The Tiger conservation authority shall maintain
proper accounts which shall be audited by the Comptroller
and Auditor General of India at such intervals as may be
specified by him. The accounts as certified by the
Comptroller and Auditor- General of India together with the
audit report shall be forwarded annually to the Central
Government by the tiger Conservation Authority. ^^^
The Tiger Conservation Authority shall prepare an
annual report of the activities during the previous financial
year and forward the copy to the Central Government. The
Central Government shall cause the annual report with or
without recommendations and the audit report to be laid
before each house of the Parliament, i*'^
103 See, The Wildlife Protection (Amendment) Act, 2006, Section 38 0 (1)
105 See, The Wildlife Protection (Amendment) Act, 2006, Section 38R.
106 See, The Wildlife Protection (Amendment) Act, 2006, Section 38S an d 38T.
101
iv. Steering Committee
A State level steering committee will be set up in the
Tiger States under the Chairmanship of respective Chief
Ministers. As recommended by the Tiger Task Force
constituted by the Prime Minister, this has been done with a
view to ensure coordination, monitoring and protection of
tigers in the State.ô^
V. Tiger Conservation Plan
A provision has been made for the State Government to
prepare a Tiger Conservation Plan, which would include
staff development, development plan to ensure protection of
Tiger Reserves and its development, while ensurin g
compatible forestry operations in adjoining areas. The State
Government shall also ensure the agriculture, livelihood,
developmental and other interests of the people living inside
a forest or in and around a tiger reserve. The core as well as
buffer areas have been specifically explained to avoid
ambiguity. 108
vi. Alteration and de- notification of tiger reserves
No alteration of the boundaries shall be made except
on a recommendation of the Tiger Conservation Authority
and approval of the National Board for Wildlife, ô^
vii. Establishment of Tiger Conservation Foundation
A provision has been made for the States to establish a
Tiger Conservation Foundation. The foundation is a trus t
which facilitates and supports their management for
conservation of tiger and biodiversity and to take initiative
in eco- development. It will have the administrative
autonomy as delegated by the State Government for fund
107 See, The Wildlife Protection (Amendment) Act, 2006, Section 38U.
108 See, The Wildlife Protection (Amendment) Act, 2006, section 38V
109 See, The Wildlife Protection (Amendment) Act, 2006, Section 38W.
102
generation to foster eco- tourism, eco- development and related
activities involving the local people. 11°
(0) Tiger and Other Endangered Species crime Control
Bureau
The Central Government may, constitute a Tiger and
other endangered species crime control bureau to be known
as Wildlife Crime Control Bureau consisting of the Director
of wildlife preservation as Director ex-officio, the Inspector-
General of Police as the Additional Director, the Deputy
Inspector- General of Police as the Joint Director, the
Deputy Inspector- General of Forests as the Joint Director,
the Additional Commissioner (customs and central Excise)
as Joint Director.^11
The Wildlife Crime Control Bureau would collate
intelligence relating to wildlife crime, ensure coordination
with State Governments and other authorities through its
set up, apart from developing infrastructure and capacity
building for scientific and professional investigation into
wildlife crimes and assist the State Governments in
successful prosecution of such crimes. ^^^
(p) Trade or Commerce in Wild Animals, Animal
Articles and Trophies
Sec. 39 states that wild animals, other than a vermin,
hunted in contravention of the sections 11 or sub-section
(1) of section 29 or sub-section (6) of section 35 of the
Wildlife Protection Act, or animal article, trophy, meat, ivory
imported and articles made from it and vehicle, vessel,
weapon, trap or tool used for committing an offence under
the said Act, shall be the property of the State Government.
110 See, The Wildlife Protection (Amendment) Act, 2006, Section 38X,
www.wikipedia.org/nationaltigerconservationauthoritv.
111 See, The Wildlife Protection (Amendment) Act, 2006, Section 38Y.
112 See, The WUdlife Protection (Amendment) Act, 2006, Section 38Z.
103
If such animal is hunted in a sanctuary or National Park
declared by the Central Government, such animal or any
article, trophy, or vehicle, weapon or tool used in such
hunting shall be the property of the Central Government. ^^^
If any person is having the control, custody or
possession of any animal specified in Schedule I or Part II of
Schedule II or animal article, trophy or uncured trophy
derived from such animal or dried skin or musk or horn , he
shall declare the description to the Chief Wildlife Warden or
the Authorised Officer within thirty days from the
commencement of this act.ii'^
No person shall acquire, receive, keep in his control,
custody or possession, sell, offer for sale or transfer or
transport any animal specified in Schedule I or Schedule II
or any above said material, except with the prior permission
of the Chief Wildlife Warden in writing or having a
certificate of ownership. A person can acquire, receive,
possess, keep in his control or custody any captive animal,
animal article, trophy or uncured trophy specified in
Schedule I or part II Schedule II, by way of inheritance . In
this case the person has to make declaration to the Chief
Wildlife Warden or the authorised officer within 90 days
from such inheritance.i^^
The Chief Wildlife Warden or the authorized officer
may enter on premises of a person to make inquires and
prepare inventories of animals articles, trophies and dried
skins.ii*^

114 See, The Wildlife Protection Act, 1972 Section 40(1).
104
Under Section 42 the Chief Wildhfe Warden may issue
a certificate of ownership in such form, as may be
prescribed.il'''
No person having a certificate of ownership shall
transfer by way of sale or offer for sale or any other mode.
Where a person transfers or transports from the State in
which he resides to another State, he shall within 30 days
of the transfer or transport, report to the Chief Wildlife
Warden. 118
Except in accordance with a licence granted no person

shall commence or carry on the business as a
manufacturer, a taxidermist or a dealer in any animal
article or trophy or uncured trophy or captive animal or
meat, or cook or serve meat in eating-house or deal in snake
venom, n^
Every manufacturer, taxidermist or dealer shall within
15 days from the commencement of this Act shall declare to
the Chief Wildlife Warden, his stocks of animal articles and
trophies and the Chief Wildlife Warden or authorized officer
may place an identification mark on each of the animal
article and trophies. 120
On receipt of application, the Chief Wildlife Warden or
any other authorized officer may after making thorough
enquiry, if satisfied that the applicant is fit to receive such
licence, he may grant the same after recording in writing his
reasons for such grant. If he is not satisfied he may refuse
to grant the same. The reasons for refusal shall be recorded
in writing. Every licensee granted shall specify the premises
in which and under what conditions the licensee shall carry
117 See, The Wildlife Protection Act, 1972 Section42.

119 See, The Wildlife Protection Act, 1972 Section 4 4 (1).
120 See, The Wildlife Protection Act, 1972 Section 44(2)
105
on his business. Every licence shall be valid for one year
from the date of its grant and the same is not transferable.
It can be renewed for a maximum period of one year.
Licence shall be rejected on giving a reasonable opportunity
of being heard unless the Chief Wildlife Warden is satisfied
that the date for renewal had expired, or any statement
made by the applicant was incorrect or applicant did not
fulfill the prescribed conditions.^î
The State Government by a general or special order to
the Chief Wildlife Warden or authorized officer suspend or
cancel any licence granted or renewed under section 44 by
giving him a reasonable opportunity of being heard. 122
An appeal from an order refusing to grant or renew a
licence shall lie to the Chief Wildlife Warden (if the order is
made by the authorized officer), to the State Government (if
the order is made by the Chief Wildlife Warden).
A second appeal shall also lie to the State Government
(if the order is passed in appeal by the Chief Wildlife
Warden). Every order passed in appeal shall be final and
shall be preferred with in 30 days from the date of
communication of the order appealed against to the
applicant. 123
Every person shall exercise due care to ascertain the

permission of the Chief Wildlife Warden before accepting
any wild animal article or specified plant or part or
derivative for transportation. 124

122 See, The Wildlife Protection Act, 1972 Section 4 5
124 See, The Wildlife Protection Act, 1972 Section 48A.
106
(q) Prohibition of Trade or Commerce in Trophies,
Animal Articles, Etc. Derived from Certain
Animals^^s
The definition of 'scheduled animal' was introduced in
1986 by an amendment. Scheduled animal is defined to
include any animal listed in Schedule -I and Part II of Schedule-
II where as the wild animal is listed in different schedules in
accordance with the degree of protection accorded to it. 126
Sec 49-B prohibits a person to commence or carry on

business in animal articles derived from scheduled animals.
However, the Central Government, may, if it think s it
expedient to do so in public interest, by general or specific
order published in the official gazette, exempt, for purpose s
of export, any corporation owned or controlled by the
Central Government or any society registered unde r the
Societies Registration Act, 1860 or any other law from the
time being in force, wholly or substantially financed by the
Central Government. ^27
Every person carrying on the busines s or occupation

referred in section 49 B shall declare to Chief Wildlife
Warden his stock, the place or places at which the stocks
are kept and description of such items with in 30 days. The
Chief Wildlife Warden with the prior approval of the Director
on satisfaction may issue certificate of ownership to a
person who expresses his desire to retain any of the items
of stock with himself. An appeal shall lie against the order
of refusal to grant certificate of ownership. Where this
certificate is transferred by way of gift, sale or otherwise,
125 Chapter VA inserted by The Wildlife Protection Amendmen t Act, 1986.

126 See, The Wildlife Protection Amendment Act, 1986. Section 49A
127 See, The Wildlife Protection Amendment Act, 1986. Section 49 B
107
the person transferring the ownership shall report the same
to the Chief Wildlife Warden with in 30 days.i28
(r) Prevention and Detection of offences
The Director or Chief Wildlife Warden or authorized
officer or any forest officer or any Police Officer not below
the rank of a Sub-Inspector having reasonable ground s for
believing that any person ha s committed an offence, may
require any such person to produce for inspection any
captive animal or articles or specified plant or par t or
derivative in his control, custody or possession or any
licence or any other document. ^29
They may stop any vehicle or vessel to conduct searc h
or inquiry and search any premises, land etc.iô
The Officers may seize any captive animal or animal
articles, meat, trophy or uncured trophy or specified plant
or part or derivative, of which, an offence ha s been
committed together with any trap, tool, vehicle, vessel or
weapon used for committing any such offence and unles s he
is satisfied that such person will appear and answer any
charge which may be preferred against him, arres t him
without warrant, and detain him.iî
It shall be lawful for any officer to stop and detain any
person who commits and act without a licence or permit. ^32
Any person detained, or thing seized shall be take n
before a Magistrate and the person who fails to produce
anything which he is required to produced shall be guilty of
an offence. 133
128 See, The Wildlife Protection Amendment Act, 1986. Section 49C
129 See, The Wildlife Protection Act, 1972, Section 50(l)(a)
130 See, The Wildlife Protection Act, 1972, Section 50(l)(b)
131 See, The Wildlife Protection Act, 1972, Section 50(l)(c)
133 See, The Wildlife Protection Act, 1972,Section 50(4) an d Section 50(5)
108
Each and every person is duty bound to assis t the
officers in prevention or detection of an offence. 1^4 Any
officer not below the rank of an Assistant Director of
Wildlife Preservation or an officer not below the ran k of
Assistant Conservator of forests have the power for making
investigations into any offence against any provision of this
Act and for this purpose he shall have the power to issue a
search warrant, to enforce the attendance of witnesses, to
compel the discovery and production of documents and
material objects and to receive and record evidence.i^s -phe
evidence recorded under clause (d) of sub-section (8) of
section 50 shall be admissible in any subsequent trial
before magistrate provided it has been taken in the presence
of the accused person. 1^6
(s) Penalties
Any person who commits a breach of any of the
conditions of any licence or permit granted under this Act
shall be guilty of an offence and shall on conviction be
punishable with imprisonment for a term which may extend
to 3 years or with a fine which may extend to Rs. 25,000/ -
or with both. 137
The offence committed In relation to any animal

specified in Schedule - I or Part-II of Schedule-II or meat of
any such animal or animal article, trophy or uncured trophy
derived from such animal or where the offence relates to
hunting in a sanctuary or a national park or altering the
boundaries of a sanctuary or a National Park, the person
shall be punishable with imprisonment not less that 3 years
which may extend to 7 years and fine not less that Rs.

137 See, The Wildlife Protection Act, 1972 Section 51(1)
109
10,000/. In case of a second or subsequent offence of the
nature mentioned in this sub- section the term of
imprisonment shall not be less than three years bu t may
extend to seven years and also with fine which shall not be
less than twenty-five thousand rupees. ^^^
Similar are the terms of punishmen t if any person
commits an offence contravening any provision of Chapter
VA, i.e. three years imprisonment which may extend to
seven years and a fine which shall not be less tha n ten
thousand rupees.1^9
Any person contravening the provisions of Sec. 38

shall be punished with 6 months imprisonment or with fine
which may extend to Rs. 2000/ - or both and in case of
second offence the term of imprisonment may extend to one
year, or with fine which may extend to five thousan d
rupees. I'ô
Any person, who abets (and if the act abetted is
committed) or commits an offence in relation to the core
area of a tiger reserve or where the offence relate to huntin g
in tiger reserve or altering the boundaries of tiger reserve
such offence shall be punishable on the first conviction with
imprisonment for a term which shall not be less tha n three
years but may extend to seven years, and also with fine
which shall not be less than fifty thousand rupees bu t may
extend to two lakh rupees and in the event of second or
subsequent conviction with imprisonment for a term of not
less than seven years and also with fine which shall not be
138 See, The Wildlife Protection (Amendment) Act, 2002 , Proviso to Section 51(1)
139 See, The Wildlife Protection(Amendment) Act, 1986, Sec 51(1A)
140 See, The Wildlife Protection (Amendment) Act, 1991 , Section 51(1B)
110
less than five lakh rupees but may extend to fifty lakh
rupees, i'*!
When a person is convicted of an offence against this
Act, the Court trying the offence may order to forfeit the
articles and any trap, tool, vehicle, vessel or weapon, used
in the commission of the said offence to the State
Government and the licence or permit held by such person,
be cancelled, i'^^
The person convicted under this Act, if holds licenses

under the Arms Act, 1959, the Court may cancel such
licence and not be eligible under the Arms Act, 1959 for a
period of 5 years from the date of conviction, i'^^
Nothing contained under section 360 of the Criminal
Procedure Code, 1973 or in the Probation of Offenders Act,
1958 shall apply to a person convicted of an offence with
respect to hunting in a sanctuary or National Park unless
such person is under 18 years of age.1^4
When any person is accused of an offence relating to
Schedule I or Part II of Schedule II or offences relating to
hunting inside the boundaries of National Park or Sanctuary
or altering the boundaries of such Parks and Sanctuaries, is
arrested, shall be released on bail unless the Public
Prosecutor has been given an opportunity of opposing the
release on bail or where the Public Prosecutor opposes the
application, the Court is satisfied that there are reasonable
grounds for believing that he is not guilty of such offence
141 See, The Wildlife Protection (Amendment) Act, 2006, Section 51(1C) an d
51(1D).
143 See, The Wildlife Protection Act, 1972, Section 51 (4).
144 See, The Wildlife Protection Act, 1972, Section51 (5).
111
an d tha t he is not likely to commit any offence while on
bail . 145
The Centra l Governmen t may empower th e Directo r of

Wild Life Preservatio n or any othe r officer or in cas e of Stat e
Governmen t empower th e Chief Wild Life Warde n or an y
officer, to accep t paymen t of a su m of money by way of
composition of th e offence which suc h perso n is s u s p e c t e d
to have committed . On paymen t of suc h su m of mone y to
suc h officer, th e s uspec t shall be discharge d an d no furthe r
proceeding s in respec t of th e offence shall be take n agains t
suc h person , i'*^
The officer compoundin g any offence may orde r th e

cancellatio n of any licence or permi t grante d unde r thi s Act
to th e offender. The su m of money accepte d or agree d to be
accepte d a s compositio n shall not exceed Rs.25000/-.i'*'^
No Cour t shal l tak e cognizance of an y offence on

complain t of any perso n othe r tha n th e Director of Wild Life
Preservatio n or any othe r officer authorize d in thi s behalf
by th e Centra l Governmen t or th e Member Secretary ,
Centra l Zoo Authority in ma tt er s of Chapte r IV-A or
member - secretar y , Tiger Conservatio n Authorit y or Director
of th e concerne d tiger reserve or th e Chief Wild Life Warde n
or any othe r officer authorize d by Stat e Government , th e
officer-in-charge of th e Zoo in respec t of violation of
provision s of Section 38 or any perso n who ha s given notic e
of not les s tha n 60 day s of th e alleged offence an d of hi s
intentio n to mak e a complaint , to th e Centra l Governmen t
or th e Stat e Governmen t or th e officer authorized . I'^s
145 See, The Wildlife Protection (Amendment) Act, 2002, Section 51A
147 See, The Wildlife Protection (Amendment) Act, 2002, Section 54 (4).
148 See, The Wildlife Protection (Amendment) Act, 1991, Section55.
112
(t) Forfeiture of Property Derived from Illegal Hunting
and Trade
An officer not below the rank of Deputy Inspector
General shall, on receipt of a complaint from a competent
authority, proceed to take all steps necessary for tracin g
and identifying any property illegally acquired by any
person. It may include any inquiry investigation survey in
respect of any person, place, property, documents etc. or
any other relevant steps as are necessary. It will be carried
out by an officer in accordance with such directions and
guidelines as the competent authority may make or issu e in
this behalf. 149
If it is believed that the property is illegally acquired

property and is likely to be concealed, the officer-in-charge
may make an order for seizing such property or order tha t
such property shall not be transferred or otherwise dealt
with, if seizure is not possible. All this shall be done with
an exception i.e. it may be transferred with prior permission
of officer or the competent authority. A copy shall be served
on the person concerned, ^ô
If the competent authority believes tha t the property is
illegally acquired property, he shall serve a notice upo n
such person to show cause why such properties be not
declared to be illegally acquired property. He shall be given
30 days period for this. For this he may indicate the source s
of income, earnings, the evidence and other relevant
information on which he rely.iî
The competent authority after considering the
explanation, if any and also giving reasonable opportunity
149 See, The Wildlife Protection (Amendment) Act, 2002 , Section 58E.
150 See, The Wildlife Protection (Amendment) Act, 2002 , Section 58F.
151 See, The Wildlife Protection (Amendment) Act, 2002 , Section 58H.
113
of being heard, may by order record a finding whether all or
any of the properties in question are illegally acquired
properties. ^^^
If the competent authority is satisfied that some
properties are illegally acquired properties, but is not
specific, then it shall specify any of such properties to be
illegally acquired properties to the best of his judgment,
within 90 days. It shall declare such property to stand
forfeited to the State Government free from all
encumbrances.
If the affected person establishes that the property is
not an illegally acquired property and not liable to be
forfeited, the property shall be released at once.^^^
The State Government may constitute an Appellate
Tribunal for Forfeited Property consisting of a Chairman
and such number of other members as the State
Government thinks fit for hearing appeals against orders
made under Sec. 58F, Ss. 581, 58K(1) or 58L.154
A person qualified as a Judge of High Court shall be
the Chairman. The terms and conditions of service shall be
as are prescribed.^ss
(u) Appeals
Any person aggrieved by an order of Competent
Authority under sections 58F, 581, 58K(1) and 58L may
appeal to the Appellate Tribunal within 45 days from the
date of order and 60 days having reasonable cause for
delay. The Appellate Tribunal may proceed to confirm.
153 Ibid.
154 See, The Wildlife Protection (Amendment) Act, 2002, Section58 N.
155 See, The Wildlife Protection (Amendment) Act, 2002, Section58 N (2) an d (3).
114
modify or set aside the order appealed against, regulating
its own procedure. 15^
No order passed or declaration made unde r this
Chapter shall be appealable except as it provided. No Civil
Court shall have jurisdiction in respect of any matter of
which the Appellate Tribunal or any Competent Authority is
empowered. No injunction shall be granted by any Court, i^''
The Competent Authority and the Appellate Tribunal
shall have all the powers of a Civil Court, i^s
The Competent Authority shall have the power to take
possession of the property which is declared to be forfeited
to the State Government or the person has failed to pay the
fine under section 58K(1), within 30 days of the service of
order. 1^^
If any person fails to comply with the order, the
Administrator may take the possession of the property by
using necessary force. He may take the help of any police
officer and it shall be his duty to assis t the
Administrator, iô
The order may be amended by the Competent
Authority or the Appellate Tribunal within a period of one
year from the date of order, ^î
Any person who knowingly acquires any property, in
relation to which the proceedings are pending unde r this
Chapter, shall be permissible with imprisonment for a term
which may extend to 5 years and with a fine which may
extend to Rs.50000.
156 See, The Wildlife Protection (Amendment) Act, 2002 , See, Section 580 .
157 See, The Wildlife Protection (Amendment) Act, 2002 , Section 58Q.
158 See, The Wildlife Protection (Amendment) Act, 2002 , Section 58-R.
159 See, The Wildlife Protection (Amendment) Act, 2002 , Section 58U(1)
160 See, The Wildlife Protection (Amendment) Act, 2002 , Section 58U (2) an d 58U (3).
161 See, The Wildlife Protection (Amendment) Act, 2002 , Section 58V.
115
VI. National Zoo Policy, 1998
In October 1998, the Ministry of Environment and
Forest, released a comprehensive policy entitled 'National
Zoo Policy, 1998' dealing in detail with the issues pertaining
to the management of zoos in India.
The National Zoo Policy declares that:
The main objectives of the zoos shall be to complement
and strengthen the national efforts in conservation of the
rich bio-diversity of the country, particularly the wild
fauna. This objective can be achieved through the following
protocol:
> Supporting the conservation of endangered species by
giving species, which have no chance of survival in
wild, a last chance of survival through coordinated
breeding under ex-situ conditions and stocks for
rehabilitating them in wild as when it is appropriate
and desirable.
> To inspire amongst zoo visitors empathy for wild
animals, an understanding and awareness about the
need for conservation of natural resources and for
maintaining the ecological balance.
> Providing opportunities for scientific studies useful for
conservation in general and creation of data base for
sharing between the agencies involved in in-situ and ex-
situ conservation.
Besides the above objectives, the policy also contains
following sets of guidelines:
1. Guidelines for Safari Parks.
2. Guidelines for Deer Parks.
3. Guidelines for Proper upkeep of Elephants in zoos.
116
4. Guideline s for populatio n control m e a s u r e s in zoos .
5. Guideline s for creatio n of Rescue Cent ers .
6. Guideline s for disposin g Carcas s of ani mal s in Zoos .
7. Guideline s for E u t h a n a s i a of Zoo a ni m al s . 1^2
VII. Provision s under othe r Laws
(a) The Preventio n of Cruelty t o Animal s Act , 196 0

The Prevention of Cruelty Act, 1960 classifie s all living
cr ea tu re s into two classes : hu ma n being s an d a n i m a l s an d
seek s to regulat e th e behavio r of th e former to wa rd s th e
latter . 1^3 This Act pertain s to captive an d do mesti c a n i m a l s .
It shall be th e dut y of every perso n havin g th e car e or
charg e of any anima l to tak e all re as on ab l e m e a s u r e s to
ensur e th e well- being of suc h anima l an d to preven t th e
infliction upo n suc h anima l of u n n e c e s s a r y pai n or
suffering. 1^"*Sec. 11 of th e Act e n u m e r a t e s th e v ar i ou s forms
of cruelty of animal s which are prohibited . If an y p e r s o n
beats , kicks , over-rides , over-drives, over-loads , t o r t u r e s or
otherwis e treat s any anima l so a s to subjec t it to
u n n e c e s s a r y pain , employs or labou r an y anima l for whic h
it is unfit, shall be p u n i s h a b l e . Othe r forms of cruelt y ar e
willfully ad minister in g any injuriou s dru g or i n j u r i o u s
s u b s t a n c e , keepin g th e anima l chained , no t providin g
sufficient food, drin k or shelter , to permit tin g an y an i m a l to
die in any street , killing or mutilatin g an y a ni ma l by
str ychnin e injections in th e hear t or an y othe r crue l
manner .
If any perso ntreat s animal s with cruelt y he shal l be

punishe d for th e first offence with fine u p to fifty rupee s
162 See, The National Zoo Policy, 1998.

163 See, Raju Z. Moray, From Cruelty to Compassion, The Lawers, Vol. 10(6),
1995, p 4.
164 See, Section 3, The Prevention of Cruelty to Animals Act, 1969
117
and for second or subsequent offence committed within
three years of the previous offence, with fine up to one
hundred rupees or with imprisonment up to three month s or
with both. 1^5
Performance of experiments on animals for the purpos e
of advancement by new discovery of physiological knowledge
or of knowledge which will be useful for saving or
prolonging life or for combating any disease, whether of
human beings, animals or plants is not prohibited and is
lawful. 16^
Rules relating to experiments on animals are made
under Sec. ITi^^ ^^ d if those rules are not complied with,
165 See, The Prevention of Cruelty to Animals Act, 1960, Sec 11 .

166 Ibid. Section 14.
167 (1) It shall be the duty of th e Committee to take all suc h measure s a s ma y be
necessary to ensur e tha t animals are not subjected to unnecessar y pai n or
suffering before, during or after th e performance of experiments on them , an d
for the purpose it may, by notification in th e Gazette of India an d subject to th e
condition of previous publication, mak e suc h rule s a s it ma y thin k fit in
animals relation to the conduct of suc h experiments.
[(lA)In particular, an d without prejudice to th e generality to th e foregoing
power, such rules may provide for the following matter s namely:
(a) the registration of person s or institutions carrying on experiment s on
animals;
(b) the reports an d other information which shall be forwarded to th e
Committee by persons an d institutions carrying on experiments or, animals. ]
(2) In particular, an d without prejudice to th e generality of th e foregoing power, rules mad e
by the Committee shall be designed to secure th e following objects, namely:
(a) tha t in cases where experiments are performed in any institution , th e
responsibility therefore is placed on th e person in charge of th e institutio n an d
that , in cases where experiments are performed outside a n institutio n by
individuals, th e individuals, are performed outside a n institutio n by
individuals, the individuals, are qualified in tha t behalf £ind th e experiment s
are performed on their full responsibility;
(b) tha t experiments are performed with du e care an d humanit y an d tha t a s far
a s possible experiments involving operations are performed und e r th e
influence of some anaesthetic of sufficient power to prevent th e animal s feeling
pain;
(c) tha t animals which, in th e course of experiments unde r th e influence of
anaesthetics, are so injured tha t their recovery would involve serious suffering,
are ordinarily destroyed while still insensible;
(d) tha t experiments on animals are avoided wherever it is possible to d o so; a s
for example; in medical schools, hospitals, colleges an d th e like, if othe r
teaching devices suc h a s books, models, films an d the . like, ma y equally
suffice;
118
the Committee has the power to prohibit experiments on
animals. ^^^
No person can exhibit or train any performing animal unless he
is registered in accordance with the provisions of
th e Act . 169
Any person desirous of exhibiting or training any

performing animal can get himself registered by making an
application in the prescribed form to the prescribed
authority and on payment of prescribed fee.^'ô
The provisions of the Act shall not apply to (i) training
of animals for bonafide military or police purposes or the
exhibition of any animals so trained, or (ii) any animal kept
in any zoological garden or by any society or association for
the object of exhibiting the animals for educational or
scientific purposes. I'î
(b) The Indian Penal Code, 1860
The Indian penal Code also contains some provisions
to safeguard the animals. It also defines the word 'animal'
and penalties for mischief against animals and negligent
conduct with respect to animals.
(e) tha t experiments on larger animals are avoided when it is possible to

achieve th e same result s by experiments upo n small laboratory animal s like
guinea-'pigs, rabbits, frogs an d rats;
(f) that, a s far a s possible, experiments are not performed merely for th e
purpose of acquiring manua l skill;
(g) tha t animals intended for the performance of experiments are properly
looked after both before an d after experiments;
(h) tha t suitable records are maintained with respect to experiments performed
on animals
(3) In making any rules unde r this section, the Committee shall be guided by
such directions a s th e Central Government (consistently with th e objects for
which th e Committee is set up) may give to it, an d th e Central Government is
hereby authorised to give such direction.
(4) All rules mad e by the Committee shall be binding on all individuals
performing experiments outside institutions an d on persons incharge of
institutions in which experiments are performed.
168 See, The Prevention of Cruelty to Animals Act, 1960, Section 19.
169 See, The Prevention of Cruelty to Animals Act, 1960, Section 22 .
170 See, The Prevention of Cruelty to Animals Act, 1960, Section 23 .
171 See, The Prevention of Cruelty to Animals Act, 1960, Section 27.
119
Sec. 47 Defines the word 'animal'. The word 'animal' denotes any
living creature, other than a human being.
Sec. 42 8 - Mischief by killing or maiming animal of
the value of ten rupee.
Whoever commits mischief by killing, poisoning
maiming or rendering useless any animal or animals of the
value of ten rupees or upwards, shall be punished with
imprisonment of either description for a term which may
extend to two years or with fine or with both.
Sec. 429 - Mischief by killing or maiming cattle, etc.,
of any value or any animal of the value of fifty rupees.
Whoever commits mischief by killing, poisoning,
maiming or rendering useless any elephant, camel, horse,
mule, buffalo, bull, cow or ox, whatever may be the value
thereof, or any other animal of the value of fifty rupees or
upwards, shall be punished with imprisonment of either
description for a term which may extend to five years or
with fine or with both.
Sec 289 - Negligent conduct with respect to animal
Whoever knowingly or negligently omits to take such
order with any animal in his possession as is sufficient to
guard against any probable danger to human life, or any
probable danger or grievous hurt from such animal, shall be
punished with imprisonment of either description for a term
which may extend to six months or with fine which may
extend one thousand rupees or with both.
In this section a person who doesn't take sufficient
care of any animal in his possession shall be punished. Any
animal 'includes' both wild and domestic animals. Any
person who keeps wild animals like bear and tiger, which
escapes and causes damage, shall be punished. Those
120
persons who are in possession of such animals have a
primary duty to protect the public against the mischief
resulting for such animal being at large.
(c) The Cinematograph Act, 1952
II (a) The Board of Film Certification shall ensur e tha t scenes
showing cruelty to, or abuse of animals, are not presented.
The Certification Rules framed unde r the
Cinematograph Act, 1952 must be harmonized with the
Performing animals (Registration) Rules, 2001 . The term
'performing animal' means an animal which is used at or for
the purpose of any entertainment including a film or an
equine event to which the public are admitted.
Rule 3 provides for an application for the registration
by any person desirous of training or exhibiting a
performing animal. He shall within 30 days from the
commencement of these rules, apply for registration to the
prescribed authority^^^ and shall not exhibit or trai n any
animal as a performing animal without being registered
under these rules.
Every owner desirous of hiring out or lending a
performing animal in the making of a film shall give prior
information to the prescribed authority specifying th e kind
of animal, age of animal, physical health of the animal, the
nature of performance to be done by the animal, the
duration for which the animal shall be used for such
performance, the duration and method of training of the
animal for such performance and justification for the us e of
such animals in the film and such other information
required by the authority.
172 The prescribed authority mean s th e animal welfare boar d of India or a n officer
authorised by the Board.
121
Every such application shall be accompanied by a
fitness certificate issued by a veterinary doctor certifying
the health and fitness of the animal. ^'^^
The prescribed authority may depute an officer or
authorise any other person, to inspect the mode of
transport, care and upkeep of the animals or to be present
at the time of training or exhibition of the performing
animal or during making of the film to ensure the
conditions of registration are being complied with.i'^'*
The Certification Rules framed under the
Cinematograph Act, 1952 require a declaration by the
producer of a film that no cruelty was caused to the animal
or to animals used during the shooting of a film.
IX. Sum up:
The passing of the Wildlife Protection Act, 1972 as a
unified piece of legislation is the most historic and
remarkable event in the field of wildlife conservation. The
Act has provisions for setting up Wildlife Sanctuaries and
National Parks for the complete protection, conservation
and management of wildlife.
Some special legislations were also enacted by
different states. The prominent among these enactments are
the Bombay Wild Animals and Wild Birds Protection Act,
1951, The Madras Elephant Preservation Act, 1873, The
Elephant Preservation Act, 1879, The Rhinoceros
Preservation Act and the Game Act.i'^^
173 See, Rule 7, Performing Animals (Registration) Act, 2001 .

174 See, Rule 14, Performing Animals( Registration ) Act, 2001
175 Chronology of Laws for Wildlife Conservation
SBC- The earliest codified laws ca n be attributed to King Ashoka, who in his
decrees engraved on edicts, prohibited the killing if certain species of animals.
1873 - The Madras Elephant Preservation Act was passed to prevent the
indiscriminate destruction of wild elephants. This wa s th e first act unde r the
British regime for regional protection of wildlife.
122
Provisions for Wildlife Protectio n ar e als o given un de r
India n Penal Code, 1860, The Ci ne ma to gr ap h Act, 195 2 an d
The Prevention of Cruelty to Animal s Act, 1960 .
1887-The Wild Birds Protection Act wa s passe d which enabled th e British

government to frame rules prohibiting possession or sale of an y kind of
specified wild birds only during breeding season.
1912-The Wild Birds an d Animals Protection Amendmen t Act wa s passed . For
the first time, a codified law wa s enacted prohibiting th e killing or capturin g of
wild animals and the disobedience of which entailed a penal offence. The Act
also comprised scheduled animals, which listed birds an d animal s whic h could
not be killed, captured or sold.
1935-The Wild Birds an d Animals Protection Amendmen t Act, 193 5 wa s
enacted. This wa s a land mar k year in th e history of wildlife a s it wa s for th e
first time tha t th e provincial government, could, by notification, set aside a n
area to be a sanctuar y for protection an d growth of wild animal s an d birds .
1935 - This year also witnessed th e passing of th e Government of India's Act,
1935 in which th e legislative powers were distributed between federal an d
provincial legislatures. The Protection of Wild Birds an d Animals wa s entruste d
to the provincial legislature vide Entry 25 of th e State List.
1952-The first Wildlife Authority called a s Central Board for Wildlife rename d
a s Indian Board of Wildlife wa s set up .
1972 - The Wildlife Protection Act, 1972 wa s passed . It wa s th e first
comprehensive Act passe d for th e protection of wild animals .
1973-The 'Project Tiger' wa s launched. Subsequently, several other scheme s
were initiated for protection of specific habitat s an d to save threatene d species
suc h a s the Asiatic Lion in Gujarat, Barasingh a in Madhya Pradesh, Hangu l in
Kashmir and man y more.
1976-The Constitution (Forty- Second Amendment) Act, 1976 wa s passe d in
which Article 48A was inserted in th e Directive Principles of State Policy. A
separate Chapter IVA wa s also incorporated where Article 51A(g) constitute d of
Fundamenta l Duties.
1976-Ratification of the Convention on International Trade in Endangere d
Species of Wild Faun a an d Flora by India in 18th October.
1980-The Forest Conservation Act, 1980 wa s passed , which is interalia, also aimed to
preserve the natura l habitat of India's wildlife.
1982-The Wildlife Institute of India wa s established whose prime objective wa s
to provide a professional an d scientific suppor t to th e mana ge me n t an d
development of wildlife in India.
1992-The Central Zoo Authority wa s constituted on February 3, 1992. 2002-The
Wildlife Protection Amendment Act wa s passed .
2006-The Wildlife Protection Amendment Act wa s passe d an d a ne w Chapter
IVB titled a s "National Tiger Conservation Authority 'and Chapte r IVC titled a s
Tiger an d other Endangered Species Crime Control Bureau ' were added .
123

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CHAPTER - IV

WILDLIFE AND LEGISLATIVE

3 See, Sanjay Upadhyay, Videh Upadhyay, Forest Laws, Wildlife Laws an d th e

Whoever contravene s sec. 3 of th e Act shal l be

When any perso n holding a licence unde r thi s Act is

IV. The Wild Birds and Animal s P r o t e c t i o n Act , 1 9 1 2

In 1912, th e Centra l Governmen t enacte d a b r o a d e r .

11 See, The Elephant Preservation Act, 1879, Sec3.

When any person is convicted under sec. 3 the

17 See, The Wild Birds an d Animals Protection Act, 1912, Section 5.

VI. Statutory Framework on Wildlife Protection

25 See, The Wildlife Protection Act, 1972, Section 2(16).

28 See, The Wildlife Protection Act, 1972, Section 2(34).

32 See, The Wildlife Protection (Amendment) Act, 2002, Section 2(24-A).

Weapon include s a mmu n it io n , bows an d arrows ,

(b) Authoritie s under The Wildlife (Protection ) Act ,

Under the Centra l Government , th e highes t officer for

(c) Appointmen t of Chief Wildlife Warden and othe r

The Stat e Governmen t may appoin t a Chief Wildlife

37 See, The Wildlife Protection (Amendment) Act, 2002, Section 2(32).

(d) Delegatio n of Power and Dutie s

The Director an d Chief Wild Life Warde n wit h th e

(e) Co ns t it ut io n of National Board for Wild Life

(f) Standin g Committe e

The National Board may c o n s t i t u t e a St a n d i n g

40 See, The Wildlife Protection Act, 1972, Section 4

43 See, The Wildlife Protection (Amendment) Act, 2002, Section 5 B.

47 See, The Wildlife Protection (Amendment) Act, 1991, Section 9.

4 8 See, The WUdlife Protection Act, 1972, Sec 1 l(l)(a).

53 See, The Wildlife Protection (Amendment) Act, 1991, Section 17-A

58 See, The Wildlife Protection (Amendment) Act, 1991 , Section 17 E (1).

63 See, The Wildlife Protection (Amendment) Act, 1991 Section 18.

67 See, The Wildlife Protection Act, 1972, Section 22.

viii) Restriction on entry into a Sanctuary

69 See, The Wildlife Protection (Amendment) Act, 2002 , Section 25A.

x) Causing fire and entry into sanctuary with weapon

xv) Power to remove encroachment

80 See, The Wildlife Protection (Amendment) Act, 2002, Section 33A.

84 See, The Wildlife Protection Act, 1972 Section 35 .

The State Government shall constitute a Conservation Reserve

88 See, The Wildlife Protection (Amendment) Act, 2002, Section 36A.

90 See, The Wildlife Protection (Amendment) Act, 2002 , Section 36C.

iv) Recognition of Zoo by the Authority

94 See, The WUdlife Protection (Amendment) Act, 2002, Section 38C.

98 Ibid. Rule 10.

113 See, The Wildlife Protection Act, 1972 Section 39 .

Except in accordance with a licence granted no person

117 See, The Wildlife Protection Act, 1972 Section42.

Every person shall exercise due care to ascertain the

121 See, The Wildlife Protection Act, 1972 Section 44.

Sec 49-B prohibits a person to commence or carry on

Every person carrying on the busines s or occupation

125 Chapter VA inserted by The Wildlife Protection Amendmen t Act, 1986.

The offence committed In relation to any animal

134 See, The Wildlife Protection Act, 1972, Section 50(7).

Any person contravening the provisions of Sec. 38

The person convicted under this Act, if holds licenses

The Centra l Governmen t may empower th e Directo r of

The officer compoundin g any offence may orde r th e

No Cour t shal l tak e cognizance of an y offence on

If it is believed that the property is illegally acquired

5. Guideline s for creatio n of Rescue Cent ers .

6. Guideline s for disposin g Carcas s of ani mal s in Zoos .