Wild Life (Protection) Act, 1972

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Chapter I: Preliminary 1. Short title, extent and commencement Called the Wild Life (Protection) Act, 1972. Extends to the whole of India. Comes into force on dates appointed by Central Government, varying for provisions/States. 2. Definitions "animal" : includes amphibians, birds, mammals, reptiles and their young, and eggs of birds and reptiles. "animal article" : article made from any captive animal or wild animal (other than vermin), including articles containing any part of such animal, and ivory imported into India. "Board" : State Board for Wild Life under Section 6. "captive animal" : any animal in Schedule I or II captured, kept, or bred in captivity. "Chief Wild Life Warden" : person appointed under Section 4(1)(a). "circus" : establishment where animals are kept/used for performing tricks/manoeuvres. "Collector" : chief officer of district revenue administration or Deputy Collector appointed under Section 18B. "dealer" : person buying/selling captive animals, animal articles, trophies, uncured trophies, or specified plants. "Director" : Director of Wild Life Preservation appointed under Section 3(1)(a). "Forest officer" : appointed under Indian Forest Act, 1927 or other state act. "forest produce" : as per Indian Forest Act, 1927. "Government property" : property under Section 39 or Section 17H. "habitat" : land, water, vegetation, natural home of wild animal/specified plant. "hunting" : Killing/poisoning wild/captive animals, or attempting to do so. Capturing, coursing, snaring, trapping, driving, or baiting wild/captive animals, or attempting to do so. Injuring/destroying any part of an animal, damaging eggs/nests of wild birds/reptiles. "invasive alien species" : animal/plant species not native to India, threatening wildlife/habitat. "land" : includes canals, creeks, water channels, reservoirs, rivers, streams, lakes, marshes, wetlands, boulders, rocks. "licence" : granted under this Act. "livestock" : farm animals (buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young), but excludes animals in Schedule I, II and IV. "manufacturer" : person manufacturing articles from animals/plants in Schedule I, II and III. "meat" : blood, bones, sinew, eggs, shell, carapace, fat, flesh (raw/cooked) of wild/captive animal (excluding vermin). "National Board" : National Board for Wild Life under Section 5A. "National Park" : area declared under Section 35 or 38, or deemed under Section 66(3). "notification" : published in Official Gazette. "permit" : granted under this Act or rules. "person" : includes firm, company, authority, association, body of individuals. "prescribed" : prescribed by rules. "protected area" : National Park, sanctuary, conservation reserve, community reserve notified under Sections 18, 35, 36A, 36C. "recognized zoo" : zoo recognized under Section 38H. "reserve forest" : forest declared reserved under Indian Forest Act, 1927. "sanctuary" : area declared under Chapter IV, includes deemed sanctuary under Section 66(4). "Schedule" : appended to this Act. "specified plant" : any plant in Schedule III. "State Government" : Administrator in Union territory. "taxidermy" : curing, preparation, preservation, mounting of trophies. "territorial waters" : as per Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976. "trophy" : whole/part of captive/wild animal (excluding vermin) preserved by any means, including rugs, skins, specimens, antlers, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests, honeycomb. "uncured trophy" : whole/part of captive/wild animal (excluding vermin) not taxidermized, includes freshly killed wild animal, ambergris, musk, other animal products. "vehicle" : conveyance for movement on land, water, air (buffalo, bull, bullock, camel, donkey, elephant, horse, mule). "vermin" : wild animal notified under Section 62. "weapon" : ammunition, bows, arrows, explosives, firearms, hooks, knives, nets, poison, snares, traps, instruments for anaesthetizing, decoying, destroying, injuring, killing animals. "wild animal" : animal in Schedule I or II found wild in nature. "wild life" : any animal, aquatic or land vegetation forming part of any habitat. "Wild Life Warden" : person appointed under Section 4(1)(b). "zoo" : establishment for exhibiting captive animals or ex-situ conservation, includes circus, rescue centers, breeding centers, excludes licensed dealer establishments. Chapter II: Authorities 3. Appointment of Director and other officers Central Government may appoint: Director of Wild Life Preservation. Other necessary officers/employees. Director's duties/powers subject to Central Government directions. Appointed officers/employees assist the Director. 4. Appointment of Wild Life Warden and other officers State Government may appoint: Chief Wild Life Warden. Wild Life Wardens. Honorary Wild Life Wardens. Chief Wild Life Warden's duties/powers subject to State Government directions. Wardens/officers subordinate to Chief Wild Life Warden. 5. Power to delegate Director may delegate powers/duties (with Central Govt. approval) to subordinate officers. Chief Wild Life Warden may delegate powers/duties (with State Govt. approval) to subordinate officers (except Section 11(1)(a) powers). Delegated powers exercised with same effect as if conferred by Act. 5A. Constitution of National Board for Wild Life Central Government constitutes National Board for Wild Life. Members: Prime Minister (Chairperson), Minister in-charge of Forests and Wild Life (Vice-Chairperson), Parliament members, NITI Aayog member, NGOs, conservationists, ecologists, environmentalists, various government secretaries, Director-General of Forests, Director-General of Tourism, Director-General of Indian Council for Forestry Research and Education, Director, Wild Life Institute of India, Director, Zoological Survey of India, Director, Botanical Survey of India, Director, Indian Veterinary Research Institute, Member-Secretary, Central Zoo Authority, Director, National Institute of Oceanography, State/UT representatives, Director of Wild Life Preservation (Member-Secretary). Term of office, vacancies, procedure as prescribed. Non-ex officio members receive allowances. Membership not deemed an office of profit. 5B. Standing Committee of the National Board National Board may constitute a Standing Committee. Consists of Vice-Chairperson, Member-Secretary, and up to ten nominated members from the National Board. National Board may constitute other committees/sub-committees/study groups. 5C. Functions of the National Board Promote wildlife/forest conservation and development. Measures include: Framing policies, advising on conservation, poaching control, illegal trade. Recommendations on national parks, sanctuaries, protected areas, activity restrictions. Impact assessment of projects on wildlife/habitat. Reviewing conservation progress, suggesting improvements. Preparing/publishing bi-annual wildlife status reports. 6. Constitution of State Board for Wild Life State Government constitutes State Board for Wild Life. Members: Chief Minister/Administrator (Chairperson), Minister in-charge of Forests and Wild Life (Vice-Chairperson), State Legislature members, NGOs, conservationists, ecologists, environmentalists (including Scheduled Tribe representatives), various state secretaries/officers, Director, Animal Husbandry/Fisheries, Director, Wild Life Preservation, Wild Life Institute of India representative, Botanical/Zoological Survey of India representatives, Chief Wild Life Warden (Member-Secretary). Term of office, vacancies, procedure as prescribed. Non-ex officio members receive allowances. 6A. Standing Committee of Board State Board may constitute Standing Committee. Consists of Vice-Chairperson, Member-Secretary, and up to ten nominated members from the Board. Board or its Standing Committee may constitute other committees/sub-committees/study groups. 7. Procedure to be followed by the Board Meets at least twice a year. Regulates its own procedure (including quorum). Proceedings not invalid due to vacancy, defect, or procedural irregularity. 8. Duties of State Board for Wild Life Advise State Government on: Selection/management of protected areas. Policy formulation for wildlife/specified plant protection. Amendment of any Schedule. Harmonizing needs of tribals/forest dwellers with conservation. Other wildlife protection matters referred by State Government. Chapter III: Hunting of Wild Animals 9. Prohibition of hunting No person shall hunt any wild animal in Schedule I and II except as per Sections 11 and 12. 10. Maintenance of records of wild animals killed or captured [Omitted by Wild Life (Protection) Amendment Act, 1991] 11. Hunting of wild animals permitted in certain cases Chief Wild Life Warden may permit hunting of Schedule I animal if dangerous to human life or beyond recovery (disabled/diseased), by written order stating reasons. Proviso : No killing unless capture, tranquilization, or translocation is impossible. Proviso : No captive keeping unless rehabilitation is impossible, with recorded reasons. Explanation : Capture/translocation process must minimize trauma. Chief Wild Life Warden or authorized officer may permit hunting of Schedule II animal if dangerous to human life/property or beyond recovery (disabled/diseased), by written order stating reasons. 12. Grant of permit for special purposes Chief Wild Life Warden may grant permit (with State Govt. permission) to hunt specified animal for: Education. Scientific research. Scientific management (translocation, population management without killing/poisoning). Collection of specimens for recognized zoos (with Section 38-I permission) or museums. Derivation/collection of snake-venom for life-saving drugs. Proviso : No permit for Schedule I animal without Central Govt. permission; no permit for other wild animals without State Govt. permission. 13-17. [Omitted] Chapter IIIA: Protection of Specified Plants 17A. Prohibition of picking, uprooting, etc. of specified plant No person shall wilfully pick, uproot, damage, destroy, acquire, or collect any specified plant from forest land/notified area. No person shall possess, sell, offer for sale, transfer, or transport any specified plant (alive/dead/derivative). Proviso : Scheduled tribe members may pick, collect, possess for bona fide personal use in their district. 17B. Grant of permit for special purposes Chief Wild Life Warden may grant permit (with State Govt. permission) to pick, uproot, acquire, or collect specified plant from forest land/notified area, or transport it, for: Education. Scientific research. Collection, preservation, display in herbarium of scientific institution. Propagation by approved person/institution. 17C. Cultivation of specified plants without licence prohibited No person shall cultivate specified plant without Chief Wild Life Warden's or authorized officer's licence. Proviso : Persons cultivating before 1991 Amendment Act may continue for six months or until licence decision. Licence specifies area and conditions for cultivation. 17D. Dealing in specified plants without licence prohibited No person shall deal in specified plants/derivatives without Chief Wild Life Warden's or authorized officer's licence. Proviso : Persons dealing before 1991 Amendment Act may continue for sixty days or until licence decision. Licence specifies premises and conditions for business. 17E. Declaration of stock Every cultivator/dealer of specified plants/derivatives must declare stocks to Chief Wild Life Warden/authorized officer within 30 days of 1991 Amendment Act commencement. Sections 44(3-8), 45, 46, 47 apply to these applications/licences. 17F. Possession, etc., of plants by licensee Licensee shall not: Keep undeclared specified plants/derivatives. Keep unlawfully acquired specified plants/derivatives. Pick, uproot, collect, acquire, receive, keep, sell, offer for sale, transport specified plants/derivatives except as per licence conditions/rules. 17G. Purchase, etc., of specified plants No person shall purchase, receive, or acquire specified plants/derivatives except from a licensed dealer. Proviso : Does not apply to persons under Section 17B. 17H. Plants to be Government property Specified plant/derivative involved in an offense under this Act is State Government property. If collected from Central Government declared sanctuary/National Park, it's Central Government property. Sections 39(2) and (3) apply to specified plants as they do to wild animals/articles. Chapter IV: Protected Areas Sanctuaries 18. Declaration of sanctuary State Government may declare (by notification) intention to constitute any area (not reserve forest/territorial waters) as a sanctuary if it has adequate ecological, faunal, floral, geomorphological, natural, or zoological significance for wildlife protection. Notification specifies situation and limits of the area. Explanation : Description by roads, rivers, ridges, etc., is sufficient. 18A. Protection to sanctuaries Once intention to constitute sanctuary is declared, Sections 27 to 33A apply immediately. Until rights of affected persons are settled (Sections 19-24), State Government must provide alternative arrangements for fuel, fodder, other forest produce as per rights. 18B. Appointment of Collectors State Government appoints a Collector (within 90 days of 2002 Amendment Act or 30 days of notification) to inquire into rights in the proposed sanctuary. 19. Collector to determine rights Collector inquires into and determines rights in the proposed sanctuary. 20. Bar of accrual of rights After notification, no new rights accrue in the area except by succession, testamentary, or intestate. 21. Proclamation by Collector After notification, Collector (within 60 days) publishes proclamation in regional language in nearby towns/villages: Specifying situation/limits of sanctuary. Requiring claims (under Section 19) with details and compensation amount within two months. 22. Inquiry by Collector Collector expeditiously inquires into claims and other rights (ascertainable from records/evidence). 23. Powers of Collector For inquiry, Collector has powers to: Enter/survey/demarcate land. Exercise powers of a civil court for suits. 24. Acquisition of rights Collector passes order admitting/rejecting claims. If claim admitted, Collector may: Exclude land from sanctuary. Acquire land/rights (with agreement with owner) and pay compensation as per 2013 Land Acquisition Act. Allow continuation of rights (in consultation with Chief Wild Life Warden). 25. Acquisition proceedings For acquiring land/rights: Collector acts as Collector under 2013 Land Acquisition Act. Claimant acts as interested person under Section 21. Provisions preceding Section 21 deemed complied with. If award not accepted, claimant deemed interested person under Section 64 and can claim relief under Chapter VIII. Collector may award compensation in land, money, or both (with claimant's consent or Authority's consent). For public way/common pasture stoppage, Collector may provide alternative (with State Govt. sanction). Acquisition is for a public purpose. 25A. Time-limit for completion of acquisition proceedings Collector to complete proceedings (Sections 19-25) within two years of notification. Notification does not lapse if proceedings not completed within two years. 26. Delegation of Collector's powers State Government may direct other officers to exercise Collector's powers (Sections 19-25). 26A. Declaration of area as sanctuary When claims period elapsed and claims disposed of after Section 18 notification, OR any reserve forest/territorial waters area is deemed ecologically significant, State Government issues notification declaring area as sanctuary. Proviso : For territorial waters, Central Govt. concurrence needed. Proviso : Limits for territorial waters determined in consultation with Chief Naval Hydrographer, protecting local fishermen's interests. Right of innocent passage for vessels through territorial waters not affected. Boundaries not altered except on National Board recommendation. 27. Restriction on entry in sanctuary No person may enter/reside in sanctuary unless: Public servant on duty. Permitted by Chief Wild Life Warden/authorized officer to reside. Has right over immovable property. Passing through on public highway. Dependants of above. Residents must: Prevent offenses against Act. Help discover/arrest offenders if offense believed committed. Report death of wild animal, safeguard remains. Extinguish/prevent spread of fire. Assist officers in preventing/investigating offenses. No person shall alter, destroy, move, or deface boundary marks with intent to cause damage/wrongful gain. No person shall tease, molest wild animals or litter. 28. Grant of permit Chief Wild Life Warden may grant permit to enter/reside for: Investigation/study of wildlife. Photography/filmmaking (without habitat change/adverse impact). Scientific research. Tourism. Lawful business with residents. Permit issued subject to conditions and fee. 29. Destruction, etc., in a sanctuary prohibited without a permit No person shall destroy, exploit, remove wildlife/forest produce, or damage/divert habitat/water flow in sanctuary without Chief Wild Life Warden's permit. Permit granted only if State Government (in consultation with National Board) authorizes it for improvement/better management. Proviso : Forest produce removed may be used for personal bona fide needs of locals, not commercial. Explanation : Grazing/livestock movement (Section 33(d)), hunting (Section 11/12 permit), or exercise of rights (Section 24(2)(c)) and bona fide water use not prohibited. 30. Causing fire prohibited No person shall set fire, kindle fire, or leave fire burning in sanctuary to endanger it. 31. Prohibition of entry into sanctuary with weapon No person shall enter sanctuary with weapon without Chief Wild Life Warden's/authorized officer's permission. 32. Ban on use of injurious substances No person shall use chemicals, explosives, or other injurious substances in sanctuary. 33. Control of sanctuaries Chief Wild Life Warden controls, manages, protects sanctuaries as per approved management plans and Central Government guidelines. For Scheduled Areas, after consultation with Gram Sabha. May construct roads, bridges, buildings, fences, barrier gates, other necessary works. Proviso : No construction of tourist lodges (commercial), hotels, safari parks without National Board approval. Ensures security of wild animals, preservation of sanctuary. Takes measures for habitat improvement. Regulates/prohibits grazing/livestock movement. 33A. Immunisation of live-stock Chief Wild Life Warden immunizes livestock within five km of sanctuary. No unimmunized livestock allowed in sanctuary. 33B. Advisory Committee State Government constitutes Advisory Committee: Chief Wild Life Warden/nominee (Conservator of Forests rank) as head. State Legislature member. Three Panchayati Raj representatives. Two NGO representatives. Three wildlife conservationists. Departments (Home, Veterinary) representatives. Honorary Wild Life Warden (if any). Officer in-charge of sanctuary (Member-Secretary). Committee advises on conservation/management, including public participation. Regulates its own procedure (including quorum). 34. Registration of certain persons in possession of arms Within three months of sanctuary declaration, residents within 10 km holding arms licence must register name with Chief Wild Life Warden/authorized officer. Officer registers name. No new arms licences issued within 10 km of sanctuary without Chief Wild Life Warden's concurrence. Arms licence renewals within 10 km require intimation to Chief Wild Life Warden/authorized officer. National Parks 35. Declaration of National Parks State Government may declare (by notification) intention to constitute any area (sanctuary or not) as National Park if ecologically, faunally, florally, geomorphologically, or zoologically significant for wildlife protection. Proviso : If territorial waters included, Section 26A provisions apply. Notification defines limits of area. Sections 19-26A (except 24(2)(c)) apply to investigation/determination of claims and extinguishment of rights. When intention declared, Sections 27-33A apply immediately. Until rights settled, State Government makes alternative arrangements for fuel, fodder, forest produce. When claims period elapsed, claims disposed of, and rights vested in State Government, notification publishes limits and declares area as National Park. Boundaries not altered except on National Board recommendation. No person shall destroy, exploit, remove wildlife/forest produce, or damage/divert habitat/water flow in National Park without Chief Wild Life Warden's permit. Permit granted only if State Government (in consultation with National Board) authorizes it for improvement/better management. Proviso : Forest produce removed may be used for personal bona fide needs of locals, not commercial. No grazing of livestock allowed, except if used as vehicle by authorized person. Sections 27, 28, 30-32, 33(a-c), 33A apply to National Park. Explanation : For areas where rights extinguished and vested in State Govt., notification may declare as National Park, and Sections 19-26 (inclusive) and 35(3-4) do not apply. 36. [Declaration of game reserve] - Omitted. 36A. Declaration and management of a conservation reserve State Government may declare (after local community consultation) any Government-owned area (adjacent to National Parks/sanctuaries or linking them) as conservation reserve for protecting landscapes, flora, fauna, habitat. Proviso : If Central Govt. land, prior concurrence needed. Sections 18(2), 27(2-4), 30, 32, 33(b-c) apply to conservation reserve. 36B. Conservation reserve management committee State Government constitutes committee to advise Chief Wild Life Warden on conservation reserve management. Consists of Forest/Wildlife Department representative (Member-Secretary), Village Panchayat representatives, NGO representatives. Regulates its own procedure (including quorum). 36C. Declaration and management of community reserve State Government may declare (if community/individual volunteers) any private/community land (not NP/sanctuary/conservation reserve) as community reserve for protecting fauna, flora, conservation values. Sections 18(2), 27(2-4), 30, 32, 33(b-c) apply to community reserve. No land use change after notification except with management committee resolution and State Govt. approval. 36D. Community reserve management committee State Government constitutes committee to manage community reserve. Consists of nominated Village Panchayat representatives (at least five), State Forests/Wildlife Department representative. For private land, owner, State Forests/Wildlife Department representative, Panchayat/tribal community representative. Prepares/implements management plan, protects wildlife/habitat. Elects a Chairman (Honorary Wild Life Warden). Regulates its own procedure (including quorum). 37. [Declaration of closed area] - Omitted. Sanctuaries or National Parks declared by Central Government 38. Power of Central Government to declare areas as sanctuaries or National Parks or conservation reserves If State Government leases/transfers area (not already sanctuary) to Central Government, Central Government may (if Section 18 conditions met) declare it a sanctuary. Sections 18-35, 54, 55 apply. Central Government may declare area as National Park (if Section 35 conditions met). Sections 35, 54, 55 apply. Central Government may declare area as conservation reserve (if Section 36A conditions met). Sections 36A, 36B apply. For Central Government declared sanctuary/National Park/conservation reserve, Chief Wild Life Warden's powers/duties exercised by Director/authorized officer. References to State Government construed as Central Government; to State Legislature construed as Parliament. Chapter IVA: Central Zoo Authority and Recognition of Zoos 38A. Constitution of Central Zoo Authority Central Government constitutes Central Zoo Authority. Consists of Chairperson, up to ten members, Member-Secretary. 38B. Term of office and conditions of service of Chairperson and members, etc. Chairperson/members (non-Member-Secretary) hold office for up to three years. May resign by writing to Central Government. Central Government may remove for: insolvency, conviction for moral turpitude, unsound mind, refusal/incapacity to act, absence without leave, abuse of position. Vacancies filled by fresh appointment. Salaries/allowances/conditions of appointment as prescribed. Authority employs officers/employees as necessary. Terms/conditions of service of employees as prescribed. Acts/decisions not invalid due to vacancies/defects. 38C. Functions of the Authority Specifies minimum standards for housing, upkeep, veterinary care in zoos. Evaluates/assesses zoo functioning. Recognizes/derecognizes zoos. Identifies endangered species for captive breeding, assigns responsibility. Coordinates acquisition, exchange, loaning of animals. Ensures stud-book maintenance for endangered species. Identifies priorities/themes for zoo animal display. Coordinates training for zoo personnel. Coordinates research in captive breeding/educational programs. Provides technical/other assistance for zoo management. Other necessary functions. 38D. Procedure to be regulated by the Authority Meets as necessary, at time/place Chairperson deems fit. Regulates its own procedure. Orders/decisions authenticated by Member-Secretary/authorized officer. 38E. Grants and loans to Authority and Constitution of Fund Central Government makes grants/loans to Authority. Central Zoo Authority Fund constituted, credited with grants/loans, fees/charges, other sums. Fund used for salaries/allowances/remuneration of members/employees and Authority expenses. 38F. Annual report Authority prepares annual report (form/time prescribed), detailing activities, submits to Central Government. 38G. Annual report and audit report to be laid before Parliament Central Government lays annual report (with action taken memo/reasons for non-acceptance) and audit report before both Houses of Parliament. 38H. Recognition of zoos No zoo operated without Authority recognition. Proviso : Existing zoos may continue for 18 months; if application made, continue until decision. No zoo established without prior Authority approval. Application for recognition in prescribed form/fee. Recognition specifies conditions. Recognition granted if Authority satisfied (considering wildlife protection, standards, norms). Application not rejected without reasonable opportunity of being heard. Authority may suspend/cancel recognition (with recorded reasons), after hearing applicant. Appeal to Central Government within 30 days of order (may admit late for sufficient cause). 38I. Acquisition of animals by a zoo No zoo acquires, sells, or transfers Schedule I animals/captive animals without Authority's permission. No zoo acquires, sells, or transfers wild/captive animals except from/to a recognized zoo. Proviso : Does not apply to conservation breeding centers. 38J. Prohibition of teasing, etc., in a zoo No person shall tease, molest, injure, feed animals, cause disturbance, or litter in a zoo. Chapter IVB: National Tiger Conservation Authority 38K. Definitions "National Tiger Conservation Authority" : under Section 38L. "Steering Committee" : under Section 38U. "Tiger Conservation Foundation" : under Section 38X. "tiger reserve State" : State with a tiger reserve. "tiger reserve" : areas notified under Section 38V. 38L. Constitution of National Tiger Conservation Authority Central Government constitutes National Tiger Conservation Authority. Members: Minister (Environment and Forests) (Chairperson), Minister of State (Environment and Forests) (Vice-Chairperson), Parliament members, experts/professionals (conservation, tribal development), State Tribal Advisory Council members, State Govt. Department (Panchayati Raj, Social Justice, Empowerment) representatives, Chief Wild Life Warden (Member-Secretary). Membership not deemed an office of profit. 38M. Term of office and conditions of service of members Nominated members hold office for up to three years. May resign by writing to Central Government. Central Government may remove for: insolvency, conviction for moral turpitude, unsound mind, refusal/incapacity to act, absence without leave, abuse of position. Vacancies filled by fresh appointment. Salaries/allowances/conditions of appointment as prescribed. Acts/decisions not invalid due to vacancies/defects. 38N. Officers and employees of Tiger Conservation Authority Authority appoints officers/employees (with Central Govt. sanction). Proviso : Existing Project Tiger officers/employees continue with same tenure/terms or until 6 months expiry if they opt out. Terms/conditions of service of employees as prescribed. 38O. Powers and functions of Tiger Conservation Authority Approves State Government's Tiger Conservation Plan. Evaluates/assesses sustainable ecology, disallows unsustainable land use in tiger reserves. Lays down standards for tourism, guidelines for Project Tiger, ensures compliance. Manages human-wild animal conflicts, promotes co-existence. Provides information on protection measures, conservation plans, population estimates, habitat status, disease surveillance, mortality survey, patrolling, incidents, management. Approves/coordinates research/monitoring on tiger, co-predators, prey, habitat, ecological/socio-economic parameters. Ensures tiger reserves not diverted for unsustainable uses, except in public interest (with National Board approval, Authority advice). Facilitates/supports tiger reserve management for biodiversity conservation, eco-development, public participation. Ensures critical support (scientific, IT, legal) for plan implementation. Facilitates capacity building for officers/staff. Other necessary functions. Authority may issue written directions to any person/officer/authority, which must be complied with. Proviso : Directions must not interfere with local people's rights (especially Scheduled Tribes). 38P. Procedure to be regulated by Tiger Conservation Authority Meets at time/place Chairperson deems fit. Chairperson/Vice-Chairperson presides. Regulates its own procedure. Orders/decisions authenticated by Member-Secretary/authorized officer. 38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund Central Government makes grants/loans to Authority. Tiger Conservation Authority Fund constituted, credited with grants/loans, fees/charges, other sums. Fund used for salaries/allowances/remuneration of members/employees and Authority expenses. 38R. Accounts and audit of Tiger Conservation Authority Authority maintains accounts, records, prepares annual statement (form prescribed, with Comptroller and Auditor-General consultation). Accounts audited by Comptroller and Auditor-General at specified intervals; audit expenses paid by Authority. Comptroller and Auditor-General/appointee has same audit rights/privileges as for Government accounts. Certified accounts/audit report forwarded annually to Central Government. 38S. Annual report of Tiger Conservation Authority Authority prepares annual report (form/time prescribed), detailing activities, submits to Central Government. 38T. Annual report and audit report to be laid before Parliament Central Government lays annual report (with action taken memo/reasons for non-acceptance) and audit report before both Houses of Parliament. 38U. Constitution of Steering Committee State Government may constitute Steering Committee for coordination, monitoring, protection, conservation of tiger/co-predators/prey animals. Consists of Chief Minister (Chairperson), Minister in-charge of Wild Life (Vice-Chairperson), official members (up to five, including Field Directors), experts/professionals (conservation, tribal development), State Tribal Advisory Council members, State Govt. Department (Panchayati Raj, Social Justice, Empowerment) representatives, Chief Wild Life Warden (Member-Secretary). 38V. Tiger Conservation Plan State Government (on Authority recommendation) notifies area as tiger reserve. Sections 18(2), 27(2-4), 30, 32, 33(b-c) apply to tiger reserve. State Government prepares plan (staff development, deployment) for proper management, ensuring: Protection of tiger reserve, site-specific habitat inputs, viable tiger population. Ecologically compatible land uses, dispersal habitats, corridors, addressing local livelihood. Forestry operations compatible with tiger conservation. Plan ensures agricultural, livelihood, developmental, other interests of people in tiger forests/reserves. Explanation : "tiger reserve" includes: Core/critical tiger habitat areas (National Parks/sanctuaries) kept inviolate for tiger conservation (without affecting tribal/forest dweller rights), notified by State Govt. (with Expert Committee consultation). Buffer/peripheral area, identified to ensure core integrity, promoting wildlife-human co-existence, recognizing local livelihoods. No Scheduled Tribes/forest dwellers resettled or rights affected (except for voluntary relocation) unless: Rights recognition/determination/acquisition complete. Agencies establish (with consent of tribals/forest dwellers, ecological/social scientist) that current activities/presence cause irreversible damage/threaten tigers. State Govt. concludes (with consent of tribals/forest dwellers, ecological/social scientist) no other co-existence options. Resettlement/alternative package prepared (fulfilling National Relief and Rehabilitation Policy). Informed consent of Gram Sabha/affected persons obtained. Facilities/land allocation provided at resettlement location. 38W. Alteration and de-notification of tiger reserves No boundary alteration except on Authority recommendation and National Board approval. No de-notification except in public interest (with Authority and National Board approval). 38X. Establishment of Tiger Conservation Foundation State Government establishes Foundation for tiger reserves, for: Facilitating ecological, economic, social, cultural development. Promoting eco-tourism, safeguarding natural environment. Facilitating asset creation/maintenance. Soliciting support (technical, financial, social, legal). Augmenting/mobilizing financial resources, fostering stakeholder development/eco-tourism. Supporting research, environmental education, training. 38XA. Provisions of Chapter to be in addition to provisions relating to sanctuaries and National Park Provisions of this Chapter are in addition to, not in derogation of, sanctuary/National Park provisions in tiger reserves. Chapter IVC: Wild Life Crime Control Bureau 38Y. Constitution of Wild Life Crime Control Bureau Central Government constitutes Wild Life Crime Control Bureau. Consists of Director (Wildlife Preservation), Inspector-General of Police (Additional Director), Deputy Inspector-General of Police (Joint Director), Deputy Inspector-General of Forests (Joint Director), Additional Commissioner (Customs and Central Goods and Services Tax) (Joint Director), other officers under Sections 3 and 4. 38Z. Powers and functions of the Wildlife Crime Control Bureau Collects/collates intelligence on organized wildlife crime, disseminates to enforcement agencies, establishes centralized data bank. Coordinates enforcement actions. Implements international conventions/protocols. Assists foreign authorities/international organizations for wildlife crime control. Develops infrastructure/capacity for investigation, assists State Governments in prosecution. Advises Government on wildlife crimes, policy/law changes. Exercises delegated powers under Sections 5(1), 50(1,8), 55. Other prescribed powers. Chapter V: Trade or Commerce in Wild Animals, Animal Articles and Trophies 39. Wild animals, etc., to be Government property Wild animal (other than vermin) hunted (under Section 11/29/35(6)) or kept/bred in captivity in contravention of Act, or found dead/killed by mistake, IS Government property. Animal article, trophy, uncured trophy, meat derived from such animal, or vehicle/weapon used in offense IS Government property. Ivory imported into India and articles made from it involved in offense IS Government property. If animal hunted in Central Government declared sanctuary/National Park, it's Central Government property. Anyone obtaining Government property must report to police/authorized officer within 48 hours and hand it over if required. No person shall acquire, keep, transfer, destroy, or damage Government property without Chief Wild Life Warden's/authorized officer's written permission. If live Government animal, State Government ensures housing/care by recognized zoo/rescue center if not releasable to wild. Animal articles, trophies, uncured trophies, meat may be disposed of by State/Central Government as prescribed; no commercial sale/auction, no ownership certificate. 40. Declarations Every person controlling/possessing Schedule I captive animal, animal article, trophy, uncured trophy, salted/dried skins, musk, rhinoceros horn must declare to Chief Wild Life Warden/authorized officer within 30 days of Act commencement. No person shall acquire/keep/sell/transfer Schedule I animal/uncured trophy/meat/skins/musk/rhinoceros horn after Act commencement without previous permission. No person (except ownership certificate holder) shall acquire/keep Schedule I captive animal/article/trophy/uncured trophy except by inheritance. Inheritor must declare within 90 days. Proviso : Above does not apply to live elephant. Does not apply to recognized zoos or public museums. State Government may require declaration of Schedule I animals/articles/trophies/skins in prescribed form/manner/time. 40A. Immunity in certain cases Central Government may require declaration of Schedule I captive animal/article/trophy/uncured trophy (even if not declared earlier) in prescribed form/manner/time. Actions/proceedings for Section 40 violations before 2002 Amendment Act stand abated. Declared items dealt with as prescribed. 41. Inquiry and preparation of inventories On declaration under Section 40, Chief Wild Life Warden/authorized officer may: Enter premises. Inquire/prepare inventories of Schedule I items. Affix identification marks. No obliteration/counterfeiting of identification marks. 42. Certificate of ownership Chief Wild Life Warden may issue ownership certificate for animals/articles/trophies/uncured trophies to lawful possessors, may mark. Proviso : Before issuing for captive animal, ensures adequate housing/maintenance. 42A. Surrender of captive animals, animal article, etc. Ownership certificate holder of captive animal/article/trophy/uncured trophy/meat/ivory may surrender to Chief Wild Life Warden (with 7 days' notice); certificate cancelled. No compensation for surrender. Surrendered items become State Government property; Section 39 applies. 43. Regulation of transfer of animal, etc. Ownership certificate holder shall not transfer by sale/commercial consideration. If transfer/transport between states, or acquisition from outside state, report to Chief Wild Life Warden/authorized officer within 30 days. Proviso : Transfer of captive elephant for religious/other purposes allowed with prescribed terms/conditions. Does not apply to peacock tail feathers/articles, or transfer between recognized zoos/museums. 44. Dealings in trophy and animal articles without licence prohibited No person shall carry on business as manufacturer/dealer of animal articles or trophies/uncured trophies, or taxidermist, or dealer in captive animals/meat, or cook/serve meat in eating-house, without licence. Proviso : Existing businesses may continue for 30 days or until licence decision. Proviso : Does not apply to peacock tail feather dealers/manufacturers. Explanation : "eating-house" includes hotel, restaurant, etc. Every manufacturer/dealer/taxidermist declares stocks of animals/articles/trophies/uncured trophies to Chief Wild Life Warden within 15 days of Act commencement; identification marks may be placed. Applicant for licence applies to Chief Wild Life Warden/authorized officer. Application in prescribed form/fee. No licence granted unless officer satisfied (considering antecedents, experience, impact on wildlife, other prescribed matters). Licence specifies premises and conditions. Licence valid for one year, non-transferable, renewable annually. No renewal rejection without hearing applicant; rejection if application late, false information, condition contravention, or non-fulfillment of conditions. Orders for grant/rejection in writing. Does not apply to vermin. 45. Suspension or cancellation of licences Chief Wild Life Warden/authorized officer may suspend/cancel licence (with recorded reasons), after hearing licensee. 46. Purchase Appeal against order refusing licence/renewal or suspending/cancelling licence: If by authorized officer, appeal to Chief Wild Life Warden. If by Chief Wild Life Warden, appeal to State Government. Second appeal to State Government from Chief Wild Life Warden's appeal order. Appeal orders are final (subject to above). Appeal within 30 days of communication (may admit late for sufficient cause). 47. Maintenance of records Licensee keeps records, submits returns as prescribed, makes records available for inspection. 48. Purchase of animals, etc., by licensee Licensee shall not: Keep undeclared animals/articles/trophies/uncured trophies. Keep unlawfully acquired animals/articles/trophies/uncured trophies/meat. Capture wild animal, or acquire/keep/sell/transfer Schedule I captive animal/article/trophy/uncured trophy/meat, or taxidermize/make article, except as per rules. Proviso : Inter-state transfer/transport requires Director's/authorized officer's written permission. Proviso : Permission not granted unless lawfully acquired. 48A. Restriction on transportation of wild life No person shall accept wild animal (other than vermin), animal article, specified plant/derivative for transportation unless permission from Chief Wild Life Warden/authorized officer obtained. 49. Purchase of captive animal, etc., by a person other than a licensee No person shall purchase/receive/acquire captive animal, wild animal (other than vermin), animal article, trophy, uncured trophy, meat except from a dealer or authorized person. Proviso : Does not apply to recognized zoos or public museums. Chapter VA: Prohibition of Trade or Commerce in Trophies, Animal Articles, etc., Derived from Certain Animals 49A. Definitions "Scheduled animal" : animal in Schedule I. "Scheduled animal article" : article made from Scheduled animal, including articles containing any part of such animal (excluding peacock tail feather, articles therefrom, snake venom). "Specified date" : For Scheduled animal, two months from 1986 Amendment Act commencement. For animal added/transferred to Schedule I, two months from addition/transfer. For ivory imported into India/articles from it, six months from 1991 Amendment Act commencement. 49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals After specified date, no person shall carry on business as manufacturer/dealer of Scheduled animal articles, or dealer in ivory/articles from it, or taxidermist (Scheduled animals), or dealer in trophy/uncured trophy (Scheduled animals), or dealer in captive animals (Scheduled animals), or dealer in meat (Scheduled animals), or cook/serve meat (Scheduled animals) in eating-house. Explanation : "eating-house" as in Section 44(1). Licence under Section 44 before specified date does not entitle to carry on prohibited business. Central Government may exempt (by order, in public interest) corporations/societies (owned/controlled/financed by Central Govt.) from export provisions. Taxidermist with Section 44 licence may taxidermize Scheduled animal/part for Government/exempted corporation or for educational/scientific purposes (with Chief Wild Life Warden authorization). 49C. Declaration by dealers Every person carrying on prohibited business must declare stocks (Scheduled animal articles, Scheduled animals/parts, trophies/uncured trophies from Scheduled animals, captive Scheduled animals, ivory/articles from it) and location to Chief Wild Life Warden/authorized officer within 30 days of specified date. Also declares items desired to retain for bona fide personal use. Section 41 measures apply. If personal retention desired, Chief Wild Life Warden (with Director approval) may issue ownership certificates and affix identification marks, if satisfied of lawful possession and bona fide personal use. Proviso : No commercial premises for such items. No obliteration/counterfeiting of identification marks. Appeal against refusal to grant ownership certificate; Section 46(2-4) applies. Ownership certificate holder transferring item must report to Chief Wild Life Warden/authorized officer within 30 days. No person (except ownership certificate holder) shall keep/sell/transfer Scheduled animal/article, or ivory/articles from it, after specified date. Chapter VB: Regulation of International Trade in Endangered Species of Wild Fauna and Flora as per Convention on International Trade in Endangered Species of Wild Fauna and Flora 49D. Definitions "artificially propagated" : plants grown under controlled conditions. "bred in captivity" : produced from parents in captivity. "Convention" : CITES, including appendices, decisions, resolutions, notifications. "export" : from India to another country. "import" : into India from another country. "introduction from the sea" : transportation of specimens from marine environment not under India's jurisdiction. "Management Authority" : under Section 49E. "readily recognisable part or derivative" : specimen identifiable from accompanying documents, packaging, marks, or circumstances. "re-export" : export of previously imported specimen. "Scientific Authority" : under Section 49F. "scheduled specimen" : specimen of species in Appendices I, II, or III of Convention, incorporated in Schedule IV. "species" : species, sub-species, or geographically separate population. "specimen" : any alive/dead animal/plant; for animals, readily recognisable part/derivative (Appendices I, II of Schedule IV) or specified part/derivative (Appendix III of Schedule IV); for plants, readily recognisable part/derivative (Appendix I of Schedule IV) or specified part/derivative (Appendices II, III of Schedule IV). "trade" : export, re-export, import, introduction from sea. 49E. Designation of Management Authority Central Government designates officer (Additional Director General of Forests rank) as Management Authority. Authority issues permits/certificates for Scheduled specimens, submits reports, performs other Convention functions. Prepares annual/biennial reports for Central Government. Central Government appoints officers/employees to assist Authority. Authority may delegate functions/powers (with Central Govt. approval) to officers (Assistant Inspector General of Forests rank). 49F. Designation of Scientific Authority Central Government designates institutes as Scientific Authority. Authority advises Management Authority. Monitors export permits/actual exports for Schedule IV Appendix II species. Advises Management Authority to limit export permits if detrimental to species survival. 49G. Directions of Central Government Management Authority and Scientific Authorities subject to Central Government directions. 49H. International trade in Scheduled specimen and restriction in respect thereof No trade in Scheduled specimens except as per Chapter VB. Central Government prescribes conditions/procedures for Convention exemptions. Trader reports details of Scheduled specimen/transaction to Management Authority/authorized officer. Trader presents Scheduled specimen for clearance at specified ports of exit/entry. Form/manner of application, fee, conditions for permit/certificate, procedure for grant/cancellation as prescribed. 49I. Conditions for export of scheduled specimens Export of Schedule IV Appendix I/II species requires prior export permit. Export of Schedule IV Appendix III species requires prior export permit (if listed by India) or certificate of origin. Export permit not granted unless: Management Authority satisfied specimen obtained lawfully. Management Authority satisfied living specimen prepared/shipped to minimize injury/damage/cruel treatment. Scientific Authority advised export not detrimental to species survival (for Appendix I/II). Import permit granted by destination country (for Appendix I). 49J. Conditions for import of scheduled specimens Import of Schedule IV Appendix I species requires prior import permit and export permit/re-export certificate. Import permit for Schedule IV Appendix I species not granted unless: Management Authority satisfied not for commercial purposes. Scientific Authority advised import not detrimental to species survival. Scientific Authority satisfied recipient equipped for living specimen. Import of Schedule IV Appendix II species requires prior export permit/re-export certificate. Import of Schedule IV Appendix III species requires prior certificate of origin, or export permit (if listed by importing country), or re-export certificate. 49K. Conditions for re-export of scheduled specimens Re-export of Schedule IV Appendix I/II species requires prior re-export certificate. Re-export certificate not granted unless: Management Authority satisfied specimen imported lawfully. Management Authority satisfied living specimen prepared/shipped to minimize injury/damage/cruel treatment. Import permit granted (for living Schedule IV Appendix I species). 49L. Conditions for introduction from sea of scheduled specimens Introduction from sea of Schedule IV Appendix I/II species requires prior certificate of introduction. Certificate not granted unless: Scientific Authority advised not detrimental to species survival. Management Authority satisfied not for commercial purposes (for Appendix I). Management Authority satisfied recipient equipped for living specimen (for living Appendix II). 49M. Possession, transfer and breeding of living scheduled animal species Every person possessing living Schedule IV animal specimen reports details to Management Authority/authorized officer. Proviso : Central Government may exempt specific specimens from declaration. Management Authority/authorized officer issues registration certificate if possession lawful. Transferor reports details to Management Authority/authorized officer. Management Authority/authorized officer registers transfers, issues certificates to transferee. Possessor reports birth of offspring to Management Authority/authorized officer. Management Authority/authorized officer registers offspring, issues certificate. Possessor reports death of specimen to Management Authority/authorized officer. No possession/transfer/breeding except as per section/rules. Form, manner, period for reporting/registration as prescribed. 49N. Application for Licence by breeders of Appendix I species Every person breeding/artificially propagating Schedule IV Appendix I species applies for licence to Chief Wild Life Warden within 90 days of 2022 Amendment Act commencement. Form/manner of application, fee, licence form, grant/cancellation procedure as prescribed. 49O. Licence of breeders of Appendix I species Chief Wild Life Warden grants licence if application in form, Convention resolutions met, Act/rules complied with. Refusal/cancellation if non-compliance or false information, after hearing applicant. Licence valid for two years, renewable for two years (with fee). Appeal to State Government within 60 days of refusal/cancellation. 49P. Prohibition on alteration, etc. No person shall alter, deface, erase, or remove identification mark on Scheduled specimen/package. 49Q. Species and scheduled specimens to be Government property Species/Scheduled specimen involved in offense is Central Government property; Section 39 applies (mutatis mutandis), without prejudice to Customs Act, 1962. Living Schedule IV specimen seized (under Act/Customs Act/other law) due to illegal import, Management Authority (after consulting export country) returns specimen or houses/cares for it in recognized zoo/rescue center. Management Authority may consult Scientific Authority. 49R. Application of provisions of Act in respect of species listed in Schedule I or II and Schedule IV If species listed in Schedule I or II and Schedule IV, then Schedule I/II provisions apply. Sections 49M, 49N, 49O do not apply if species listed in Schedule I or II (even if also in Schedule IV). Provisions of this Chapter subject to Chapters III, IIIA, IVA, V, VA. Chapter VI: Prevention and Detection of Offences 50. Power of entry, search, arrest and detention Director/authorized officer (Directorate), Management Authority/authorized officer, Chief Wild Life Warden/authorized officer, forest officer, police officer (not below sub-inspector), customs officer (not below inspector), coast guard officer (not below Assistant Commandant) may (if reasonable grounds for belief of offense): Require production of captive animal/wild animal/animal article/meat/trophy/uncured trophy/specified plant/derivative/Scheduled specimen, or licence/permit/document. Stop vehicle/vessel, search/inquire, enter/search premises/land/vehicle/vessel, open/search baggage. Seize item involved in offense, arrest without warrant, detain (unless person will appear for charge). Proviso : Fisherman inadvertently entering territorial waters of sanctuary/National Park with non-commercial fishing boat, fishing tackle/net not seized. Officer may stop/detain person doing act requiring licence/permit, require production, arrest without warrant if fails to produce/identify self. Officer (Assistant Director of Wild Life Preservation/Assistant Conservator of Forests rank) seizing captive animal/wild animal may give for custody on bond. Detained person/seized items taken before Magistrate; Chief Wild Life Warden/authorized officer informed. Failure to produce items is an offense. Meat/uncured trophy/specified plant/derivative seized may be disposed of as prescribed. Duty of persons to assist officers in prevention/detection/arrest/seizure. Officer (not below Assistant Director of Wild Life Preservation/Assistant Conservator of Forests rank) has powers for investigation: Issue search warrant. Enforce attendance of witnesses. Compel discovery/production of documents/materials. Receive/record evidence. Evidence recorded admissible if taken in presence of accused. 51. Penalties Contravention of Act (except Chapter VA, Section 38J), rules, orders, or licence/permit conditions punishable with imprisonment up to three years, or fine up to $1 lakh, or both. Proviso : For Schedule I animal/meat/article/trophy/uncured trophy, or hunting in sanctuary/National Park, or altering boundaries, or Schedule IV Appendix I specimen, imprisonment not less than three years, up to seven years, and fine not less than $25,000. Proviso : For second/subsequent offense of above nature, imprisonment not less than three years, up to seven years, and fine not less than $1 lakh. Contravention of Chapter VA punishable with imprisonment not less than three years, up to seven years, and fine not less than $25,000. Contravention of Section 38J punishable with imprisonment up to six months, or fine up to $2,000, or both. Proviso : For second/subsequent Section 38J offense, imprisonment up to one year, or fine up to $5,000. Court may order forfeiture of item involved in offense, and cancellation of licence/permit. Forfeiture/cancellation in addition to other punishment. Court may cancel arms licence (for five years) if weapon used in offense. Proviso : Section 360 CrPC/Probation of Offenders Act not applicable for hunting in sanctuary/National Park or Chapter VA offense, if offender under 18. 51A. Certain conditions to apply while granting bail For Schedule I offense, or hunting in National Park/sanctuary, or altering boundaries, bail not granted unless Public Prosecutor given opportunity to oppose, and court satisfied accused not guilty and not likely to commit further offense. 52. Attempts and abetment Attempting or abetting contravention of Act/rules/orders deemed contravention. 53. Punishment for wrongful seizure Officer vexatiously/unnecessarily seizing property punishable with imprisonment up to six months, or fine up to $500, or both. 54. Power to compound offences Central Government may empower Director/officer (Assistant Director of Wild Life Preservation rank) to accept composition money. State Government may empower Chief Wild Life Warden/officer (Deputy Conservator of Forests rank) to accept composition money. Payment discharges suspected person; no further proceedings. Officer compounding may cancel licence/permit or approach empowered officer for cancellation. Composition money not to exceed $5 lakh. Proviso : Offenses with minimum imprisonment under Section 51 not compoundable. 55. Cognizance of offences Court takes cognizance only on complaint by: Director/authorized officer (Central Government). Management Authority/authorized officer (including Wild Life Crime Control Bureau). Chief Wild Life Warden/authorized officer (State Government). Officer in-charge of zoo (for Section 38J violations). Member-Secretary, Central Zoo Authority (for Chapter IVA violations). Member-Secretary, Tiger Conservation Authority. Director of concerned tiger reserve. Person giving 60 days' notice of alleged offense to Central/State Government or authorized officer. 56. Operation of other laws not barred Act does not prevent prosecution under other laws for same offense, or higher punishment/penalty. No double punishment. 57. Presumption to be made in certain cases In prosecution, if person possesses/controls wild animal/captive animal/animal article/meat/trophy/uncured trophy/specified plant/derivative/Scheduled specimen, presumed unlawful possession unless proven otherwise (burden of proof on accused). 58. Offences by Companies If company commits offense, person in charge/responsible and company guilty. Proviso : Person not liable if proves lack of knowledge or due diligence. If offense committed with consent/connivance/neglect of director/manager/secretary/other officer, they are also guilty. Explanation : "company" includes body corporate, firm, association of individuals; "director" for firm means partner. Chapter VIA: Forfeiture of Property Derived from Illegal Hunting and Trade 58A. Application Applies to persons convicted of offense (imprisonment $\ge 3$ years), associates, and holders of property previously held by such persons/associates (unless good faith transferee). 58B. Definitions "Appellate Tribunal" : under Section 58N. "associate" : includes individuals managing affairs/accounts, associations/firms/companies where person is member/partner/director, trustees (if trust created by person or person's contribution is $\ge 20\%$ of assets), other persons holding property on behalf of person. "competent authority" : officer authorized under Section 58D. "concealment" : concealing/disguising nature, source, disposition, movement, ownership of property. "freezing" : temporarily prohibiting transfer/conversion/disposition/movement of property. "identifying" : establishing proof property derived/used in illegal hunting/trade. "illegally acquired property" : property acquired wholly/partly from income/earnings/assets from illegal hunting/trade; includes property held by previous holders (if illegally acquired by them) unless good faith transferee, and property traceable to such. "property" : assets (corporeal/incorporeal, movable/immovable, tangible/intangible), deeds, instruments evidencing title, derived from illegal hunting/trade. "relative" : spouse, brother/sister, lineal ascendant/descendant, spouse's brother/sister, lineal descendant of brother/sister. "tracing" : determining nature, source, disposition, movement, title, ownership of property. "trust" : includes other legal obligation. 58C. Prohibition of holding illegally acquired property No person shall hold illegally acquired property (personally or through others). Such property liable to forfeiture. Proviso : No forfeiture if property acquired before six years of charge for illegal hunting/trade offense. 58D. Competent authority State Government authorizes officer (Chief Conservator of Forests rank) as competent authority. 58E. Identifying illegally acquired property Officer (Deputy Inspector General of Police rank) takes steps to trace/identify illegally acquired property on complaint. Steps may include inquiry/investigation/survey of person, place, property, assets, documents, bank accounts. Inquiry/investigation as per competent authority directions. 58F. Seizure or freezing of illegally acquired property Officer (conducting inquiry) may seize/freeze property if believed illegally acquired and likely to be concealed/transferred to frustrate forfeiture. Order served on person. Proviso : Copy sent to competent authority within 48 hours. Order effective only if confirmed by competent authority within 30 days. Explanation : "transfer of property" includes disposition, conveyance, assignment, settlement, delivery, payment, alienation, trust creation, grant/creation of lease/mortgage/charge/easement/licence/power/partnership/interest, exercise of appointment power, transactions to diminish own property value and increase another's. 58G. Management of properties seized or forfeited under this Chapter State Government appoints officers (Conservator of Forests rank) as Administrator. Administrator manages seized/forfeited property as prescribed. Administrator disposes of forfeited property as State Government directs. 58H. Notice of forfeiture of property Competent authority (if believes properties illegally acquired) serves notice to person to show cause within 30 days why property should not be declared illegally acquired and forfeited. Person to indicate sources of income/assets, evidence. 58-I. Forfeiture of property in certain cases Competent authority (after considering explanation, materials, hearing person) orders finding if properties illegally acquired. Proviso : If person does not appear/represent, ex parte finding based on available evidence. If unable to identify specific illegally acquired properties, specifies them to best judgment. Declares illegally acquired property forfeited to State Government, free from encumbrances. If property not illegally acquired, notice withdrawn, property released. If shares forfeited, company registers State Government as transferee. 58J. Burden of proof Burden of proving property not illegally acquired is on the person affected. 58K. Fine in lieu of forfeiture If only part of illegally acquired property proven, competent authority may offer option to pay fine (market value of that part) instead of forfeiture. Person given reasonable opportunity of being heard. Payment of fine within allowed time revokes forfeiture, property released. 58L. Procedure in relation to certain trust properties If trust property believed illegally acquired, competent authority serves notice to author/contributor/trustees to explain source within 30 days. Notice deemed as Section 58H notice; Chapter VIA applies. Explanation : "illegally acquired property" (trust) includes property illegally acquired by author/contributor, or acquired from contributions illegally acquired. 58M. Certain transfers to be null and void Transfers of property after Section 58F order or Section 58H/58L notice are ignored; if property forfeited, transfer deemed null and void. 58N. Constitution of Appellate Tribunal State Government constitutes Appellate Tribunal (Chairman and other members - Principal Secretary rank officers) for appeals. Chairman: person who is/has been/qualified as High Court Judge. Terms/conditions of service as prescribed. 58O. Appeals Aggrieved person may appeal to Appellate Tribunal within 45 days of order (may admit late for sufficient cause, up to 60 days). Appellate Tribunal may confirm/modify/set aside order after hearing appellant, further inquiry. Regulates its own procedure. Allows inspection of records/registers, certified copies (with fee). 58P. Notice or order not to be invalid for error in description Notice/order/declaration not invalid due to error in description if property/person identifiable. 58Q. Bar of Jurisdiction No appeal except as provided; no civil court jurisdiction over matters competent authority/Appellate Tribunal empowered to determine. No injunction granted. 58R. Competent Authority and Appellate Tribunal to have powers of civil court Have civil court powers for: summoning witnesses, discovery/production of documents, receiving affidavits, requisitioning public records, examining witnesses/documents. 58S. Information to competent authority Competent authority may require information from Central/State Government or local authority. Officers (Section 58T) may furnish suo motu information. 58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal Police, State Forest Departments, Central Economic Intelligence Bureau, Directorate of Revenue Intelligence, other specified officers assist. 58U. Power to take possession If property forfeited or fine not paid, competent authority orders person to surrender/deliver possession to Administrator/authorized person within 30 days. If refusal, Administrator may take possession using force. Administrator may requisition police assistance. 58V. Rectification of mistakes Competent authority/Appellate Tribunal may amend order within one year for apparent mistakes. Proviso : No prejudicial amendment without hearing person (unless clerical). Proviso : No prejudicial amendment without hearing person (unless clerical). 58W. Findings under other laws not conclusive for proceedings under this Chapter Findings under other laws not conclusive for Chapter VIA proceedings. 58X. Service of notices and orders Served by tendering, registered post, or affixing on property/premises. 58Y. Punishment for acquiring property in relating to which proceeings have been taken under this Chapter Knowingly acquiring property where proceedings pending punishable with imprisonment up to five years and fine up to $50,000. Chapter VII: Miscellaneous 59. Officers to be public servants Officers (Chapter II), Chairperson/members/employees (Chapter IVA, IVB) are public servants under Indian Penal Code, 1860. 60. Protection of action taken in good faith No suit/prosecution/legal proceeding against officers/employees of Central/State Government for good faith actions under Act. No suit/legal proceeding against Central/State Government for damage caused by good faith actions. No suit/legal proceeding against Authority (Chapter IVA, IVB) or its members/employees for good faith actions. 60A. Reward to persons Court may order reward (not exceeding 50% of fine) to person assisting in offense detection/apprehension. Officer compounding offense may order reward (not exceeding 50% of composition money). 60B. Reward by State Government State Government may empower Chief Wild Life Warden to order reward (not exceeding $10,000) to person assisting in offense detection/apprehension. 61. Power to alter entries in Schedules Central Government may (by notification) amend/add/delete entries in Schedules, or transfer entries between Parts/Schedules. Relevant Schedule deemed altered accordingly. Proviso : State Government alteration (with Central Govt. consent) prevails in State. Proviso : Central Government may modify/cancel State Govt. alteration. 62. Declaration of certain wild animals to be vermin Central Government may (by notification) declare wild animal (in Schedule II) as vermin for area/period. Such animal deemed not in Schedule II for that area/period. 62A. Regulation or prohibition of import, etc., of invasive alien species Central Government may regulate/prohibit import/trade/possession/proliferation of invasive alien species threatening wildlife/habitat. Central Government may authorize Director/officer to seize/dispose of (including destruction) such species. 62B. Power to issue directions Central Government may call for information/report, or issue directions, to State Government/agency for Act implementation. 63. Power of Central Government to make rules Central Government may make rules for: Conditions for licensee keeping specified plant (Section 17F). Term of office, vacancies, procedure, allowances for National Board (Section 5A). Prescribed matters under Section 44(4)(b). Salaries, allowances, conditions of appointment for Central Zoo Authority (Section 38B). Terms, conditions of service for Central Zoo Authority employees (Section 38B). Form of annual statement of accounts for Central Zoo Authority (Section 38E). Form/time of annual report for Central Zoo Authority (Section 38F). Form/fee for zoo recognition application, standards/norms for recognition (Section 38H). Qualifications/experience for Tiger Conservation Authority experts/professionals (Section 38L). Salaries/allowances/conditions of appointment for Tiger Conservation Authority members (Section 38M). Terms/conditions of service for Tiger Conservation Authority employees (Section 38N). Form of annual statement of accounts for Tiger Conservation Authority (Section 38R). Form/time of annual report for Tiger Conservation Authority (Section 38S). Other powers for Wild Life Crime Control Bureau (Section 38Z). Manner of disposal of Government property (Section 39). Terms/conditions for transfer of captive elephant (Section 43). Form of declaration (Section 44). Prescribed matters under Section 44(4)(b). Terms/conditions for transaction (Section 48). Terms/conditions of service, salaries, allowances for Management Authority employees (Section 49E). Conditions/procedures for Convention exemptions (Section 49H). Reporting details of Scheduled specimens/transactions (Section 49H). Form/manner of application, fee, conditions for permit/certificate, procedure for grant/cancellation (Section 49H). Matters under Sections 49M(8-9). Form/manner of application, fee, licence form, grant/cancellation procedure (Section 49N). Fee for licence renewal, appeal manner (Section 49O). Other matters for Convention implementation. Manner of notice (Section 55). Matters relating to sanctuaries/National Parks declared by Central Government (Section 64(2)). Rules laid before Parliament; modifications/annulment by Houses. 64. Power of State Government to make rules State Government may make rules for matters not under Section 63 purview. Rules may provide for: Term of office, vacancies, procedure for State Board (Section 6). Allowances for State Board (Section 6). Forms for applications, certificates, claims, declarations, licences, permits, registrations, returns, fees. Conditions for licences/permits. Conditions for officers to file cases. Records of wild animals (captured/killed) by licensee. Manner of immunisation of livestock. Regulation of possession, transfer, sale of captive animals, meat, animal articles, trophies, uncured trophies. Regulation of taxidermy. Manner/conditions for Administrator to receive/manage property (Section 58G). Terms/conditions of service for Appellate Tribunal Chairman/members (Section 58N). Fund/manner for reward payment (Section 60B). Other prescribed matters. 65. Rights of Scheduled Tribes to be protected Act does not affect hunting rights of Nicobar Islands Scheduled Tribes as per notification. 66. Repeal and savings Other Acts relating to matters in this Act repealed to extent of correspondence/repugnancy. Proviso : Repeal does not affect previous operation, rights, liabilities, penalties, forfeitures, punishments, or ongoing investigations/proceedings. Actions/things done under repealed Act (if consistent) deemed done under this Act. Licences granted under repealed Act deemed granted under this Act, continue for unexpired period. For removal of doubts : Sanctuary/National Park declared by State Government under repealed Act deemed declared under this Act; rights extinguishment as per this Act. For removal of doubts : Proceedings under Sections 19-25 pending on 1991 Amendment Act commencement, reserve forest/territorial waters area declared sanctuary under Section 18 deemed sanctuary under Section 26A.