THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2022
NO. 18 OF 2022
[19th December, 2022.] An Act further to amend the Wild Life (Protection) Act, 1972. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:—
1. (1) This Act may be called the Wild Life (Protection) Amendment Act, 2022.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In the long title of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the principal Act), for the words "protection of wild animals, birds and plants", the words
"conservation, protection and management of wild life" shall be substituted. Short title and
commencement.
Amendment of
long title.
53 of 1972.
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
l añ 27] ubZ fnYyh] eaxyokj] fnl Ecj 20] 2022@vxzgk; .k 29] 1944 ¼'kd½ No. 27] NEW DELHI, TUESDAY, DECEMBER 20, 2022/AGRAHAYANA 29, 1944 (SAKA) bl Hkkx esa fHkUu i "̀B l a[ ; k nh t krh gS ft l l s fd ; g vyx l adyu ds : i esa j[ kk t k l dsA Separate paging is given to this Part in order that it may be filed as a separate compilation. xxxGIDHxxx
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REGISTERED NO. DL—(N)04/0007/2003—22
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 20th December, 2022/Agrahayana 29, 1944 (Saka) The following Act of Parliament received the assent of the President on the 19th December, 2022 and is hereby published for general information:— सी.जी.-डी.एल.-अ.-20122022-241252
CG-DL-E-20122022-241252
1
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
3. In section 2 of the principal Act,—
(a) in clause (5), for the words and figures "Schedule I, Schedule II, Schedule III or Schedule IV", the words and figures "Schedule I or Schedule II" shall be substituted;
(b) in clause (15), after the words "wild animal", the words "or specified plant"
shall be inserted;
(c) after clause (16), the following clause shall be inserted, namely:— '(16A) "invasive alien species" means a species of animal or plant which is not native to India and whose introduction or spread may threaten or adversely impact wild life or its habitat;';
(d) in clause (18A), for the words and figures "Schedules I to V", the words and figures "Schedules I, II and IV" shall be substituted;
(e) in clause (19), for the words and figures "Schedules I to V and VI", the words and figures "Schedules I, II and III" shall be substituted;
(f) for clause (24), the following clause shall be substituted, namely:— '(24) "person" shall include any firm or company or any authority or association or body of individuals whether incorporated or not;';
(g) after clause (26), the following clause shall be inserted, namely:— '(26A) "Schedule" means a Schedule appended to this Act;';
(h) in clause (27), for the word and figures "Schedule VI", the word and figures
"Schedule III" shall be substituted;
(i) for clause (34), the following clause shall be substituted, namely:— '(34) "vermin" means any wild animal notified under section 62;';
(j) in clause (36), for the words and figures "Schedules I to IV", the words and figures "Schedule I or Schedule II" shall be substituted;
(k) for clause (39), the following clause shall be substituted, namely:— '(39) "zoo" means an establishment, whether stationary or mobile, where captive animals are kept for exhibiting to the public or ex-situ conservation and includes a circus and off-exhibit facilities such as rescue centres and conservation breeding centres, but does not include an establishment of a licensed dealer in captive animals.'.
4. In section 5A of the principal Act, in sub-section (1), for clause (d), the following clause shall be substituted, namely:—
"(d) Member, NITI Aayog in-charge of Environment, Forest and Climate Change;".
5. After section 6 of the principal Act, the following section shall be inserted, namely:—
"6A. (1) The Board may constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to it by the Board.
(2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members, to be nominated by the Vice-Chairperson, from amongst the members of the Board.
(3) The Board or its Standing Committee referred to in sub-section (1) may, constitute committees, sub-committees or study groups, as may be necessary, from time-to-time, for proper discharge of the functions assigned to it.".
Amendment of
section 2.
Amendment
of section 5A.
Insertion of
new section
6A.
Standing Committee of Board.
2
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
6. In section 9 of the principal Act, for the words and figures "Schedules I, II, III and IV", the words and figures "Schedules I and II" shall be substituted.
7. In section 11 of the principal Act, in sub-section (1), in clause (b), the words and figures ", Schedule III, or Schedule IV," shall be omitted.
8. In section 24 of the principal Act, in sub-section (2), in clause (b), for the words and figures "Land Acquisition Act, 1894", the words and figures "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" shall be substituted.
9. In section 25 of the principal Act, in sub-section (1),—
(a) in clause (a), for the words and figures "Land Acquisition Act, 1894", the words and figures "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" shall be substituted;
(b) in clauses (b) and (c), for the word and figure "section 9", the word and figures "section 21" shall be substituted;
(c) in clause (d), for the words and figures "section 18" and "Part III", the words and figures "section 64" and "Chapter VIII" shall respectively be substituted;
(d) in clause (e), for the words "the Court", the words "the Authority" shall be substituted;
(e) after clause (f), the following Explanation shall be inserted, namely:— 'Explanation.—The expression "Authority" referred to in clause (e), shall mean the Land Acquisition, Rehabilitation and Resettlement Authority established under section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.'.
10. In section 28 of the principal Act, in sub-section (1), in clause (b), after the word
"photography", the words "and film-making without making any change in the habitat or causing any adverse impact to the habitat or wild life" shall be inserted.
11. In section 29 of the principal Act,—
(a) for the word "Board", the words "National Board" shall be substituted;
(b) for the Explanation, the following Explanation shall be substituted, namely:—
"Explanation.—For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33, or hunting of wild animals under a permit granted under section 11 or hunting without violating the conditions of a permit granted under section 12, or the exercise of any rights permitted to continue under clause (c) of sub-section (2) of section 24, including the bona fide use of drinking and household water by local communi- ties until they are settled, shall not be deemed to be an act prohibited under this section.".
12. In section 33 of the principal Act,—
(a) for the words "manage and maintain all sanctuaries", the words, brackets and figures "manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the Central Government and in case the sanctuary also falls under the Scheduled Areas or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned" shall be substituted;
Amendment
of section 9.
Amendment
of section 11.
Amendment
of section 24.
Amendment
of section 25.
Amendment
of section 28.
Amendment
of section 29.
Amendment
of section 33.
30 of 2013.
1 of 1894.
30 of 2013.
1 of 1894.
30 of 2013.
2 of 2007.
3
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) in clause (a), in the proviso, for the words "commercial tourist lodges", the words "tourist lodges, including Government lodges, for commercial purposes" shall be substituted.
13. In section 34 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:—
"(4) No renewal of any licence under the Arms Act, 1959, shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wild Life Warden or the authorised officer.".
14. In section 35 of the principal Act, after sub-section (3), the following sub-sections shall be inserted, namely:—
"(3A) When the State Government declares its intention under sub-section (1) to constitute any area as a National Park, the provisions of sections 27 to 33A (both inclusive), shall come into effect forthwith, until the publication of the notification declaring such National Park under sub-section (4).
(3B) Till such time as the rights of the affected persons are finally settled under sections 19 to 26A [both inclusive except clause (c) of sub-section (2) of section 24], the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.".
15. In section 36D of the principal Act, in sub-section (2),—
(a) for the words "five representatives", the words "not less than five representatives" shall be substituted;
(b) after sub-section (2), the following sub-section shall be inserted, namely:—
"(2A) Where a community reserve is declared on private land under sub-section (1) of section 36C, the community reserve management committee shall consist of the owner of the land, a representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located and also the representative of the Panchayat concerned or the tribal community, as the case may be.".
16. In section 38 of the principal Act,—
(a) in the marginal heading, after the words "National Parks", the words "or conservation reserves" shall be inserted;
(b) after sub-section (2), the following sub-section shall be inserted, namely:—
"(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.";
(c) in sub-section (3),—
(i) after the words "or National Park", the words "or conservation reserve"
shall be inserted;
(ii) for the words, brackets and figures "sub-sections (1) and (2)", the words, brackets, figures and letter "sub-sections (1), (2) and (2A)" shall be substituted.
17. In section 38-I of the principal Act,—
(a) in sub-section (1), the word and figures "and II" shall be omitted;
(b) in sub-section (2), the following proviso shall be inserted. namely:—
"Provided that nothing in this sub-section shall apply to a conservation breeding centre.".
18. In section 38L of the principal Act, in sub-section (2), in clause (o), for the words
"Inspector General of Forests or an officer of the equivalent rank", the words "an officer not below the rank of Inspector General of Forests" shall be substituted. Amendment
of section 34.
Amendment
of section 35.
Amendment
of section
36D.
Amendment of section 38. Amendment
of section
38L.
54 of 1959. Amendment of section 38-I.
4
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
19. After section 38X of the principal Act, the following section shall be inserted, namely:—
"38XA.The provisions contained in this Chapter shall be in addition to, and not in derogation of, the provisions relating to sanctuaries and National Parks (whether included and declared, or are in the process of being so declared) included in a tiger reserve under this Act.".
20. In Chapter IVC of the principal Act, in the heading, for the words "TIGER AND OTHER ENDANGERED SPECIES", the words "WILD LIFE" shall be substituted.
21. In section 38Y of the principal Act,—
(a) in the marginal heading, for the words "Tiger and other Endangered Spe- cies", the words "Wild Life" shall be substituted;
(b) in the opening portion, the words "Tiger and other Endangered Species Crime Control Bureau to be known as the" shall be omitted;
(c) in clause (e), for the words "Central Excise", the words "Central Goods and Services Tax" shall be substituted.
22. In section 39 of the principal Act, after sub-section (3), the following sub-sections shall be inserted, namely:—
"(4) Where any such Government property is a live animal, the State Government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural habitat.
(5) Any such animal article, trophy or uncured trophy or meat derived from any wild animal, as referred to in sub-sections (1) and (2) may be disposed of by the State Government or the Central Government, as the case may be, in such manner as may be prescribed by the Central Government:
Provided that such disposal shall not include any commercial sale or auction and no certificate of ownership shall be issued for such disposal.".
23. In section 40 of the principal Act, the words and figures "or Part II of Schedule II"
wherever they occur shall be omitted.
24. In section 40A of the principal Act, in sub-section (1), the words and figures "or Part II of Schedule II" shall be omitted.
25. In section 41 of the principal Act, in sub-section (1), in clause (b), the words and figures "and Part II of Schedule II" shall be omitted.
26. After section 42 of the principal Act, the following section shall be inserted, namely:—
"42A. (1) Any person having a certificate of ownership in respect of any captive animal, animal article, trophy or uncured trophy, meat or ivory imported into India or an article made from such ivory, and who is not desirous of keeping it in his control, custody or possession may, after giving notice of seven working days to the Chief Wild Life Warden, surrender the same to him and any such certificate of ownership shall stand cancelled from the date of such surrender.
(2) No compensation shall be payable to any person for surrender of any such animal, article, trophy, meat or ivory to the Chief Wild Life Warden under sub-section (1).
(3) Any such animal, article, trophy, meat or ivory surrendered under this section shall become the property of the State Government and the provisions of section 39 shall apply.".
27. In section 43 of the principal Act, in sub-section (2), the following proviso shall be inserted, namely:—
"Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.".
Amendment
of heading of
Chapter IVC.
Amendment of
section 38Y.
Amendment of
section 39.
Amendment of
section 40.
Amendment of
section 40A.
Amendment of
section 41.
Insertion of new
section 42A.
Amendment of
section 43.
Surrender of
captive
animals,
animal article,
etc.
Insertion of
new section
38XA.
Provisions of Chapter to be in addition to
provisions
relating to
sanctuaries and National Parks.
5
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
28. In section 48 of the principal Act, in clause (b), in sub-clause (ii), the words and figures "or Part II of Schedule II" shall be omitted.
29. In section 49A of the principal Act, the words and figures "or Part II of Schedule II"
at both the places where they occur, shall be omitted.
30. After Chapter VA of the principal Act, the following Chapter shall be inserted, namely:—
'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. In this Chapter, unless the context otherwise requires,—
(a) "artificially propagated" means plants which have been grown under controlled conditions from plant materials grown under similar conditions;
(b) "bred in captivity" means produced from parents in captivity;
(c) "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington D.C., in the United States of America on the 3rd of March, 1973, and amended at Bonn on the 22nd of June, 1979, its appendices, decisions, resolutions and notifications made thereunder and its amendments, to the extent binding on India;
(d) "export" means export from India to any other country of a specimen;
(e) "import" means import into India from any other country of a specimen;
(f) "introduction from the sea" means transportation into India of specimens of any species which were taken from the marine environment not under the jurisdiction of India or any other country;
(g) "Management Authority" means the Management Authority designated under section 49E;
(h) "readily recognisable part or derivative" includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species listed in Schedule IV;
(i) "re-export" means export of any specimen that has previously been imported;
(j) "Scientific Authority" means a Scientific Authority designated under section 49F;
(k) "scheduled specimen" means any specimen of a species listed in Appendices I, II or III of the Convention and incorporated as such in Schedule IV;
(l) "species" means any species, sub-species, or geographically separate population thereof;
Amendment of
section 48.
Amendment of
section 49A.
Insertion of
new Chapter
VB.
Definitions.
6
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(m) "specimen" means—
(i) any animal or plant, whether alive or dead;
(ii) in the case of an animal,—
(A) for species included in Appendices I and II of Schedule IV, any readily recognisable part or derivative thereof;
(B) for species included in Appendix III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendix III of Schedule IV in relation to the species; and
(iii) in the case of a plant,—
(A) for species included in Appendix I of Schedule IV, any readily recognisable part or derivative thereof;
(B) for species included in Appendices II and III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendices II and III of Schedule IV in relation to the species;
(n) "trade" means export, re-export, import and introduction from the sea.
49E. (1) The Central Government shall, by notification, designate an officer not below the rank of an Additional Director General of Forests as the Management Authority for discharging the functions and exercising the powers under this Act.
(2) The Management Authority shall be responsible for issuance of permits and certificates for trade of scheduled specimens in accordance with the Convention, submission of reports, and shall perform such other functions as may be necessary to implement the provisions of the Convention.
(3) The Management Authority shall prepare and submit annual and biennial reports to the Central Government.
(4) The Central Government may appoint such officers and employees as may be necessary to assist the Management Authority in discharging its functions or exercising its powers under this Chapter, on such terms and conditions of service including salaries and allowances as may be prescribed.
(5) The Management Authority may, with the prior approval of the Central Government, delegate its functions or powers, to such officers not below the rank of the Assistant Inspector General of Forests, as it may consider necessary for the purposes of this Chapter.
49F. (1) The Central Government shall, by notification, designate one or more institutes engaged in research on species as Scientific Authority for the purposes of this Chapter, for fulfilling the functions under the Convention.
(2) The designated Scientific Authority shall advise the Management Authority in such matters as may be referred to it by the Management Authority.
(3) The Scientific Authority shall monitor the export permits granted for specimens of species listed in Appendix II of Schedule IV and the actual export of such specimens.
(4) Whenever a Scientific Authority is of the opinion that the export of specimens of such species requires to be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become Designation of
Management
Authority.
Designation of
Scientific
Authority.
7
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— eligible for inclusion in Appendix I of the Convention, it shall advise the Management Authority to take such appropriate measures to limit the grant of export permits for specimens of that species as the Scientific Authority may deem necessary for said purpose.
49G. The Management Authority and the Scientific Authorities, shall, while performing their duties and exercising powers under this Chapter, be subject to such general or special directions, as the Central Government may, from time to time, give.
49H. (1) No person shall engage in trade of scheduled specimens except as provided for under this Chapter.
(2) The Central Government shall prescribe the conditions and procedures by which the exemptions contained in Article VII of the Convention may be availed.
(3) Every person engaging in trade of a scheduled specimen shall report the details of the scheduled specimen and the transaction to the Management Authority or the officer authorised by it in such manner as may be prescribed.
(4) Every person engaging in trade of a scheduled specimen, shall present it for clearance to the Management Authority or the officer authorised by it or a customs officer only at the ports of exit and entry as may be specified by the Central Government.
(5) The form and manner of making an application for a permit or certificate to trade in a scheduled specimen, the fee payable therefor, the conditions subject to which the permit or certificate may be granted, and the procedure to be followed in granting or cancelling such permit or certificate, shall be such as may be prescribed by the Central Government.
49-I. (1) The export of any specimen of species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of an export permit.
(2) The export of any specimen of species included in Appendix III of Schedule IV shall require the prior grant and presentation of an export permit if the species has been listed in Appendix III of the Convention by India or a certificate of origin in other cases.
(3) An export permit shall not be granted unless—
(a) the Management Authority is satisfied that the specimen concerned has not been obtained in contravention of any law for the time being in force relating to protection of fauna and flora;
(b) the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment;
(c) in the case of a specimen of a species listed in Appendices I or II of Schedule IV, the Scientific Authority has advised that the export will not be detrimental to the survival of that species; and
(d) in the case of specimens of species listed in Appendix I of Schedule IV, an import permit has been granted by the competent authority of the country of destination.
49J. (1) The import of any specimen of a species included in Appendix I of Schedule IV shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate from the country of export. Directions of
Central
Government.
International
trade in
scheduled
specimen and
restriction in
respect
thereof.
Conditions for
export of
scheduled
specimens.
Conditions for
import of
scheduled
specimens.
8
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9
(2) An import permit for a specimen of a species listed in Appendix I of Schedule IV shall not be granted unless—
(a) the Management Authority is satisfied that the specimen concerned will not be used for primarily commercial purposes;
(b) the Scientific Authority has advised that the import will be for purposes which are not detrimental to the survival of the species; and
(c) the Scientific Authority is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it.
(3) The import of any specimen of a species included in Appendix II of Schedule IV shall require the prior presentation of either an export permit or a re-export certificate issued by the country of export.
(4) The import of any specimen of a species included in Appendix III of Schedule IV shall require the prior presentation of—
(a) a certificate of origin; or
(b) in the case where the import is from a country which has included the species in Appendix III of the Convention, an export permit; or
(c) a re-export certificate granted by the country of re-export. 49K. (1) The re-export of any specimen of species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of a re-export certificate.
(2) A re-export certificate shall not be granted unless—
(a) the Management Authority is satisfied that any specimen to be re-exported was imported in accordance with the provisions of this Chapter and of the Convention;
(b) the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and
(c) in the case of any living specimen of species listed in Appendix I of Schedule IV, the Management Authority is satisfied that an import permit has been granted.
49L. (1) The introduction from the sea of a specimen of a species included in Appendices I or II of Schedule IV shall require the prior grant and presentation of a certificate of introduction from the sea.
(2) A certificate of introduction from the sea shall not be granted unless—
(a) the Scientific Authority has advised that the introduction of any specimen will not be detrimental to the survival of the species;
(b) in the case of a specimen of a species listed in Appendix I of Schedule IV, the Management Authority is satisfied that it is not to be used for primarily commercial purposes and that the proposed recipient of any living specimen is suitably equipped to house and care for it; and
(c) in the case of a living specimen of a species listed in Appendix II Conditions for
re-export of
scheduled
specimens.
Conditions for
introduction
from sea of
scheduled
specimens.
9
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— of Schedule IV, the Management Authority is satisfied that it will be so handled as to minimise the risk of injury, damage to health or cruel treatment. 49M. (1) Every person possessing a living specimen of an animal species listed in Schedule IV shall report the details of such specimen or specimens in his possession to the Management Authority or the authorised officer:
Provided that the Central Government may exempt one or more specimens of any animal species included in Schedule IV from such declaration for such quantity and for such period as it may deem fit.
(2) The Management Authority or the authorised officer may, on being satisfied that a person was in possession of a living specimen of an animal species listed in Schedule IV which had not been obtained in contravention of any law relating to protection of fauna and flora, issue a registration certificate allowing the owner to retain such specimen.
(3) Any person who transfers possession, by any means whatsoever, of any living specimen of an animal species listed in Schedule IV shall report the details to the Management Authority or the authorised officer.
(4) The Management Authority or the authorised officer shall register all transfers of living specimens of animal species listed in Schedule IV and issue the transferee with a registration certificate.
(5) Any person in possession of any living specimen of an animal species listed in Schedule IV which bears any offspring shall report the birth of such offspring to the Management Authority or the authorised officer.
(6) The Management Authority or the authorised officer shall on receipt of the report under sub-section (5) register any offspring born to any living specimen of an animal species listed in Schedule IV and issue the owner with a registration certificate.
(7) Any person in possession of any living specimen of an animal species listed in Schedule IV which dies shall report such death to the Management Authority or the authorised officer.
(8) No person shall possess, transfer or breed any living specimen of any animal species listed in Schedule IV except in conformity with this section and the rules made by the Central Government in this behalf.
(9) The form, manner and period for reporting possession, transfers, and births, deaths, and registration of the same under this section shall be as prescribed by the Central Government.
49N. (1) Every person who is engaged in breeding in captivity or artificially propagating any scheduled specimen listed in Appendix I of Schedule IV shall make, within a period of ninety days of the commencement of the Wild Life (Protection) Amendment Act, 2022, an application for a licence to the Chief Wild Life Warden.
(2) The form and manner of the application to be made to the Chief Wild Life Warden under sub-section (1), the fee payable, the form of licence, the procedure to be followed in granting or cancelling the licence shall be such as may be prescribed by the Central Government.
Application
for Licence by
breeders of
Appendix I
species.
Possession,
transfer and
breeding of
living
scheduled
animal
species.
10
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11
49-O. (1) On receipt of application under sub-section (1) of section 49N, the Chief Wild Life Warden shall, if—
(a) the application is in the prescribed form;
(b) the resolutions of the Convention relating to breeding in captivity or artificial propagation of species listed in Appendix I of Schedule IV are satisfied; and
(c) the provisions of the Act and rules made thereunder have been duly complied with,
record an entry of the statement in a register and grant the applicant a licence.
(2) The Chief Wild Life Warden shall, if the provisions or resolutions of the Convention or this Act and any rules made hereunder have not been complied with, or if a false particular is furnished, refuse or cancel the licence as the case may be after providing the applicant with an opportunity of being heard.
(3) The licence under sub-section (1) shall be issued for a period of two years and may be renewed after two years on payment of such fee as may be prescribed.
(4) Any person aggrieved by the refusal of the Chief Wild Life Warden or cancellation of licence under sub-section (2) may prefer an appeal to the State Government within a period of sixty days in such manner as may be prescribed. 49P. No person shall alter, deface, erase or remove a mark of identification affixed upon the scheduled specimen or its package.
49Q. (1) Every species or scheduled specimen, in respect of which any offence against this Act or rules made thereunder has been committed, shall become the property of the Central Government and the provisions of section 39 shall, without prejudice to the Customs Act, 1962, apply, mutatis mutandis, in relation to species and scheduled specimens as they apply in relation to wild animals, captive animals and animal articles.
(2) Where a living specimen of a species listed in Schedule IV has been seized under this Act or the Customs Act, 1962 or any other law for the time being in force as a result of import into India in contravention of this Act, the Management Authority shall, after consultation with the country of export, return the specimen to that country at the expense of that country, or ensure that it is housed and cared for by a recognised zoo or rescue centre in case it cannot be returned to the country of export.
(3) The Management Authority may for such purposes consult the Scientific Authority as it deems appropriate. 49R. (1) Where the same species is listed in Schedule I or II and Schedule IV, then, the provisions of this Act applicable to such species listed in Schedule I or II and the rules made thereunder shall apply.
(2) Nothing in sections 49M, 49N or 49-O shall apply to a species listed in Schedule I or Schedule II if the same species is also listed in Scheduled IV.
(3) The provisions of this Chapter shall be subject to the provisions of Chapters III, IIIA, IVA, V, VA and VIA and without prejudice to anything contained therein.'.
Prohibition on
alteration, etc.
Species and
scheduled
specimens to
be
Government
property.
Application of
provisions of
Act in respect
of species
listed in
Schedule I or
II and
Schedule IV.
52 of 1962.
Licence of
breeders of
Appendix I
species.
52 of 1962.
11
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
31. In section 50 of the principal Act, in sub-section (1),—
(i) after the words "the Director or any other officer authorised by him in this behalf ", the words "or the Management Authority or any officer authorised by the Management Authority" shall be inserted;
(ii) after the words "a sub-inspector", the words "or any customs officer not below the rank of an inspector or any officer of the coast guard not below the rank of an Assistant Commandant" shall be inserted;
(iii) in clauses (a) and (c), after the words "derivative thereof ", the words "or scheduled specimen" shall be inserted.
32. In section 51 of the principal Act,—
(a) in sub-section (1),—
(i) for the words "twenty-five thousand rupees", the words "one lakh rupees" shall be substituted;
(ii) in the first proviso,—
(A) the words and figures "or Part II of Schedule II" shall be omitted;
(B) after the words "boundaries of a sanctuary or National Park", the words and figures "or where the offence relates to a specimen of a species listed on Appendix I of Schedule IV" shall be inserted;
(C) for the words "ten thousand rupees", the words "twenty-five thousand rupees" shall be substituted;
(iii) in the second proviso, for the words "twenty-five thousand rupees", the words "one lakh rupees" shall be substituted;
(b) in sub-section (1A), for the words "ten thousand rupees", the words
"twenty-five thousand rupees" shall be substituted.
33. In section 51A of the principal Act, the words and figures "or Part II of Schedule II"
shall be omitted.
34. In section 54 of the principal Act, in sub-section (4), for the words "twenty-five thousand rupees", the words "five lakh rupees" shall be substituted.
35. In section 55 of the principal Act, after clause (ac), the following clause shall be inserted, namely:—
"(ad) the Management Authority or any officer, including an officer of theWild Life Crime Control Bureau, authorised in this behalf by the Central Government; or".
36. In section 57 of the principal Act,—
(a) for the words "captive animal" at both the places where they occur, the words "wild animal, captive animal" shall be substituted;
(b) after the words "derivative thereof" at both the places where they occur, the words "or scheduled specimen" shall be inserted.
37. In section 61 of the principal Act, for the word "add", the words "amend any Schedule or add" shall be substituted.
Amendment of
section 51A.
Amendment of
section 54.
Amendment of
section 55.
Amendment of
section 57.
Amendment of
section 61.
Amendment
of section 50.
Amendment
of section 51.
12
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
38. In section 62 of the principal Act,—
(a) for the words and figures "other than those specified in Schedule I and Part II of Schedule II", the words and figure "specified in Schedule II" shall be substituted;
(b) for the words and figure "deemed to have been included in Schedule V", the words and figure "deemed not to be included in Schedule II for such area and for such period as specified in the notification" shall be substituted.
39. After section 62 of the principal Act, the following sections shall be inserted, namely:—
"62A. (1) The Central Government may, by notification, regulate or prohibit the import, trade, possession or proliferation of invasive alien species which pose a threat to the wild life or habitat in India.
(2) The Central Government may authorise the Director or any other officer to seize and dispose of, including through destruction, the species referred to in the notification issued under sub-section (1).
62B. Notwithstanding any other provision of this Act, the Central Government may call for any information or report from a State Government or any such other agency or body or issue any direction to a State Government or any such other agency or body for effective implementation of the provisions of the Act for the protection, conservation and management of wild life in the country.".
40. In section 63 of the principal Act, in sub-section (1),—
(a) after clause (gvi), the following clauses shall be inserted, namely:—
"(gvii) the manner of disposal of Government property under sub-section (5) of section 39;
(gviii) the terms and conditions of a transfer or transport of a captive elephant by a person having a valid certificate of ownership for a religious or any other purpose under the proviso to sub-section (2) of section 43;";
(b) after clause (j), the following clauses shall be inserted, namely:—
"(ji) the terms and conditions of service including salaries and allowances for appointment of the officers and employees of the Management Authority under sub-section (4) of section 49E;
(jii) the conditions and procedures subject to which any exemption provided for in Article VII of the Convention may be availed under sub-section (2) of section 49H;
(jiii) the reporting of details of scheduled specimens and the transaction as per sub-section (3) of section 49H;
(jiv) the form and manner of application, the fee payable, the conditions and the procedure to be followed under sub-section (5) of section 49H; (jv) the matters provided for in sub-sections (8) and (9) of section 49M; (jvi) the form and manner of the application, the fee payable, the form of licence and the procedure to be followed in granting or cancelling a licence as per sub-section (2) of section 49N;
(jvii) the fee payable for renewal of licence as per sub-section (3), and manner of making appeal under sub-section (4), of section 49-O; (jviii) any other matter for proper implementation of the Convention as may be required under Chapter VB;".
41. For Schedules I, II, III, IV, V and VI to the principal Act, the following Schedules shall be substituted, namely:—
Insertion of
new sections
62A and 62B.
Power to issue
directions.
Regulation or
prohibition of
import, etc.,
of invasive
alien species.
Amendment
of section 63.
Amendment
of section 62.
Amendment
of Schedules.
13
14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
'SCHEDULE — I (See sections 9, 11, 12, 38-I, 39, 40, 40A, 41, 42, 42A, 43, 48, 48A, 50, 51, 51A and 57 and Chapter V-A)
PART A: MAMMALS
Sl. No. Common name Scientific name
ANTELOPES
1. Blackbuck Antilope cervicapra
2. Chinkara/Indian Gazelle Gazella bennettii
3. Four-horned Antelope Tetracerus quadricornis
4. Tibetan Antelope Pantholops hodgsonii
5. Tibetan Gazelle Procapra picticaudata
BADGERS
6. Greater Hog Badger Arctonyx collaris
7. Northern Hog Badger Arctonyx albogularis
8. Ratel / Honey Badger Mellivora capensis
BATS
9. Andaman Horseshoe Bat Rhinolophus cognatus
10. Black-eared Flying Fox Pteropus melanotus
14
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15
15
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
16
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17
Striped Hyaena
17
18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
18
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 19
19
20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
20
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 21
21
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
22
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23
23
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
24
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25
Circus melanoleucos
25
26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
26
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 27
27
28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
28
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29
29
30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Horsfield's Gliding Gecko
Gekko horsfieldii
30
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31
TURTLES & TORTOISES
31
32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Keeled box Turtle
32
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33
ECHINODERMATAPART F:
SAWFISHES
33
34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
34
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 35
35
36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
36
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37
Himalayan Relict
37
38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(See SCHEDULE - II
38
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39
Durga Das's Leaf-nosed Bat
BATS
39
40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
40
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 41
41
42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
42
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 43
43
44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
44
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45
Thick-billed Warbler
45
46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
46
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 47
47
48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
48
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 49
49
50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
50
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 51
51
52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
52
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 53
53
54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
54
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55
55
56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
56
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 57
57
58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
58
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 59
Lonchura kelaarti
59
60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Oriolus xanthornus
60
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 61
61
62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
62
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 63
63
64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
64
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 65
65
66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
66
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 67
Tattler
67
68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
68
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 69
69
70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Ephippiorhynchus asiaticus
70
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 71
71
72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Turdus pilaris
72
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 73
73
74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Trogon
74
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 75
75
76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
76
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 77
77
78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Pond
78
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 79
79
80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Harpulina arausiaca
80
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 81
81
82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
82
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 83
83
84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
84
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 85
Silverspot
85
86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
86
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 87
87
88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Zeuxine andamanica
88
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 89
89
90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
90
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 91
91
92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
92
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 93
Rucervus duvaucelii
93
94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
94
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 95
95
96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
96
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 97
Acerodon jubatus
Pteropus insularis
97
98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
98
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 99
99
100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
100
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 101
101
102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
102
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 103
103
104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
104
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 105
105
106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
106
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 107
107
108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
108
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 109
109
110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
110
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 111
111
112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Terrapene coahuila
112
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 113
113
114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Chasmistes cuius
114
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 115
115
116 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
116
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 117
117
118 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
118
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 119
119
120 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
120
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 121
121
122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
122
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 123
123
124 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— otter-
124
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 125
Bradypus pygmaeus
125
126 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
126
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 127
127
128 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Tangara fastuosa
128
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 129
129
130 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— montecristoi, A. salvadorenis
specimens
130
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 131
131
132 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
132
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 133
133
134 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Heosemys spinosa
134
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 135
135
136 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
136
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 137
137
138 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Caecobarbus geertsii
138
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 139
139
140 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
140
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 141
141
142 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
142
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 143
143
144 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
144
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 145
145
146 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Anacampseros spp. #4
Avonia spp. #4
146
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 147
147
148 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
148
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 149
149
150 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
150
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 151
151
152 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
152
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 153
153
154 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
154
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 155
155
156 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
156
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 157
157
158 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
158
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 159
159
160 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
160
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 161
161
162 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
162
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 163
163
164 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
164
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 165
Parts
————
DR. REETA VASISHTA,
Secretary to the Govt. of India. MGIPMRND—2018GI(S3)—20-12-2022. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054.
165