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WILD LIFE (PROTECTION) AMENDMENT ACT, 2002

Ministry of Law and Justice

Act nº 16 of 2003


  • Act nº 16 of 2003

Preamble

THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2002

[Act, No. 16 of 2003]

[17th January, 2003]

PREAMBLE

An Act further to amend the Wild Life (Protection) Act, 1972.

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--

Section 1. Short title and commencement

(1) This Act may be called the Wild Life (Protection) Amendment Act, 2002.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

1. Date of Enforcement of all Sections except Section 6 is 01.04.2003 by Notification No. S.O. 332(E). Dated 28.03.2003


Section 2. Amendment of long title

In the Wild Life (Protection) Act, 1972 (53 of 1972) (hereinafter referred to as the principal Act), for the long title, the following long title shall be substituted, namely:--

"An Act to provide for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.".

Section 3. Amendment of section 2

In section 2 of the principal Act,--

(a) for clause (1), the following clause shall be substituted, namely:--

'(1) "animal" includes mammals, birds, reptiles, amphibians, fish, other chordates and invertebrates and also includes their young and eggs;';

(b) for clause (4), the following clause shall be substituted, namely:--

'(4) "Board" means a State Board for Wild Life constituted under subsection (1) of section 6;';

(c) clause (8) shall be omitted;

(d) for clause (9), the following clause shall be substituted, namely:--

'(9) "Collector" means the chief officer-in-charge of the revenue administration of a district or any other officer not below the rank of a Deputy Collector as may be appointed by the State Government under section 18B in this behalf;';

(e) for clause (11), the following clause shall be substituted, namely:--

'(11) "dealer" in relation to any captive animal, animal article, trophy, uncured trophy, meat or specified plant, means a person, who carries on the business of buying or selling any such animal or article, and includes a person who undertakes business in any single transaction;';

(f) for clause (12A), the following clauses shall be substituted, namely:--

(12A) "Forest officer" means the Forest officer appointed under clause (2) of section 2 of the Indian Forest Act, 1927 (16 of 1927) or under any other Act for the time being in force in a State;

(12B) "forest produce" shall have the same meaning as in sub-clause (b) of clause (4) of section 2 of the 'Indian Forest Act, 1927(16 of 1927);';

(g) in clause (16), for sub-clauses (a) and (b), the following sub-clauses shall be substituted, namely:--

"(a) killing or poisoning of any wild animal or captive animal and every attempt to do so;

(b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so;";

(h) for clause (18A), the following clause shall be substituted, namely:--

'(18A) "livestock" means farm animals and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules, yaks, pigs, ducks, geese, poultry and their young but does not include any animal specified in Schedules I to V;';

(i) for clauses (19) and (20), the following clauses shall be substituted, namely:--

'(19) "manufacturer" means a person who manufactures articles from any animal or plant specified in Schedules I to V and VI, as the case may be;

(20) "meat" includes blood, bones, sinew, eggs, shell or carapace, fat and flesh with or without skin, whether raw or cooked, of any wild animal or captive animal, other than a vermin;

(20A) "National Board" means the National Board for Wild Life constituted under section 5A;';

(j) after clause (24), the following clause shall be inserted, namely:--

'(24A) "protected area means a National Park, a sanctuary, a conservation reserve or a community reserve notified under sections 18, 35, 36A and 36C of the Act;';

(k) for clauses (25B) and (26), the following clauses shall be substituted, namely:--

'(25B) "reserve forest" means the forest declared to be reserved by the State Government under section 20 of the Indian Forest Act, 1927 (16 of 1927), or declared as such under any other State Act;

(26) "sanctuary" means an area declared as a sanctuary by notification under the provisions of Chapter IV of this Act and shall also include a deemed sanctuary under sub-section (4) of section 66;';

(l) clause (28) shall be omitted;

(m) for clause (30), the following clause shall be substituted, namely:--

'(30) "taxidermy", with its grammatical variations and cognate expressions, means the curing, preparation or preservation or mounting of trophies;';

(n) in clause (31), for sub-clause (b), the following sub-clause shall be substituted, namely:--

"(b) antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb;";

(o) for clause (36), the following clause shall be substituted, namely:--

'(36) "wild animal" means any animal specified in Schedules I to IV and found wild in nature;';

(p) for clause (37), the following clause shall be substituted, namely:--

'(37) "wild life" includes any animal, aquatic or land vegetation which forms part of any habitat;';

(q) in clause (39), for the words "but does not include a circus and an establishment", the words "and includes a circus and rescue centres but does not include an establishment" shall be substituted.

Section 4. Amendment of section 3

In section 3 of the principal Act,--

(i) in sub-section (1), clause (b) shall be omitted;

(ii) for sub-section (3), the following sub-section shall be substituted, namely:--

"(3) The officers and other employees appointed under this section shall be required to assist the Director.".

Section 5. Amendment of section 4

In section 4 of the principal Act, in sub-section (1), for clause (bb), the following clause shall be substituted, namely:--

"(bb) Honorary Wild Life Wardens;".

Section 6. Insertion of new sections 5A to 5C

After section 5 of the principal Act, the following sections shall be inserted, namely:--

"5A. Constitution of the National Board for Wild Life.--

(1) The Central Government shall, within three months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002, constitute the National Board for Wild Life consisting of the following members, namely:--

(a) the Prime Minister as Chairperson;

(b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson;

(c) three members of Parliament of whom two shall be from the House of the People and one from the Council of States;

(d) Member, Planning Commission in-charge of Forests and Wild Life;

(e) five persons to represent non-governmental organisations to be nominated by the Central Government;

(f) ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and environmentalists;

(g) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Forests and Wild Life;

(h) the Chief of the Army Staff;

(i) the Secretary to the Government of India in-charge of the Ministry of Defence;

(j) the Secretary to the Government of India in-charge of the Ministry of Information and Broadcasting;

(k) the Secretary to the Government of India in-charge of the Department of Expenditure, Ministry of Finance;

(l) the Secretary to the Government of India, Ministry of Tribal Welfare;

(m) the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild Life;

(n) the Director-General of Tourism, Government of India;

(o) the Director-General, Indian Council for Forestry Research and Education, Dehradun;

(p) the Director, Wild Life Institute of India, Dehradun;

(q) the Director, Zoological Survey of India;

(r) the Director, Botanical Survey of India;

(s) the Director, Indian Veterinary Research Institute;

(t) the Member-Secretary, Central Zoo Authority;

(u) the Director, National Institute of Oceanography;

(v) one representative each from ten States and Union territories by rotation, to be nominated by the Central Government;

(w) the Director of Wild Life Preservation who shall be the Member-Secretary of the National Board.

(2) The term of office of the members other than those who are members ex officio, the manner of filling vacancies referred to in clauses (e), (f) and (v) of sub-section (1), and the procedure to be followed in the discharge of their functions by the members of the National Board shall be such, as may be prescribed.

(3) The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.

(4) in any other law for the time being in force, the office of a member of the National Board shall not be deemed to be an office of profit.

5B. Standing Committee of the National Board.--

(1) The National Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board.

(2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be nominated by the Vice-Chairperson from amongst the members of the National Board.

(3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it.

5C. Functions of the National Board.--

(1) It shall be the duty of the National Board to promote the conservation and development of wild life and forests by such measures as it thinks fit.

(2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for--

(a) framing policies and advising the Central Government and the State Governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products;

(b) making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas;

(c) carrying out or causing to be carried out impact assessment of various projects and activities on wild life or its habitat;

(d) reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures for improvement thereto; and

(e) preparing and publishing a status report at least once in two years on wild life in the country.".

Section 7. Substitution of new section for section 6

For section 6 of the principal Act, the following section shall be substituted, namely:--

"6.Constitution of State Board for Wild Life.--

(1) The State Government shall, within a period of six months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 constitute a State Board for Wild Life consisting of the following members, namely:--

(a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may be -- Chairperson;

(b) the Minister in-charge of Forests and Wild Life -- Vice-Chairperson;

(c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the Legislative Assembly of that Union territory;

(d) three persons to represent non-governmental organisations dealing with wild life to be nominated by the State Government;

(e) ten persons to be nominated by the State Government from amongst eminent conservationists, ecologists and environmentalists including at least two representatives of the Scheduled Tribes;

(f) the Secretary to the State Government or the Government of the Union territory, as the case may be, in-charge of Forests and Wild Life;

(g) the Officer in-charge of the State Forest Department;

(h) the Secretary to the State Government, Department of Tribal Welfare;

(i) the Managing Director, State Tourism Development Corporation;

(j) an officer of the State Police Department not below the rank of Inspector-General;

(k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government;

(l) the Director, Department of Animal Husbandry of the State;

(m) the Director, Department of Fisheries of the State;

(n) an officer to be nominated by the Director, Wild Life Preservation;

(o) a representative of the Wild Life Institute of India, Dehradun;

(p) a representative of the Botanical Survey of India;

(q) a representative of the Zoological Survey of India;

(r) the Chief Wild Life Warden, who shall be the Member-Secretary.

(2) The term of office of the members other than those who are members ex officio and the manner of filling vacancies referred to in clauses (d) and (e) of sub-section (1) and procedure to be followed shall be such, as may be prescribed.

(3) The member (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.".

Section 8. Amendment of section 8

In section 8 of the principal Act,--

(i) for the words "the Wild Life Advisory Board", the words "State Board for Wild Life" shall be substituted;

(ii) for clause (a), the following clause shall be substituted, namely:--

"(a) in the selection and management of areas to be declared as protected areas;".

Section 9. Amendment of section 11

In section 11 of the principal Act, in sub-section (1),--

(i) in clause (a), the following provisos and Explanation thereunder shall be inserted, namely:--

"Provided that no wild animal shall be ordered to be killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured, tranquilised or translocated:

Provided further that no such captured animal shall be kept in captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be rehabilitated in the wild and the reasons for the same are recorded in writing

Explanation.--For the purposes of clause (a), the process of capture or translocation, as the case may be, of such animal shall be made in such manner as to cause minimum trauma to the said animal'';

(ii) in clause (b), for the words "such animal or cause such animal to be hunted", the words "such animal or group of animals in a specified area or cause such animal or group of animals in that specified area to be hunted" shall be substituted.

Section 10. Substitution of heading of Chapter IV

In Chapter IV of the principal Act, for the heading "SANCTUARIES, NATIONAL PARK AND CLOSED AREAS", the following heading shall be substituted, namely:--

"PROTECTED AREAS".

Section 11. Insertion of new sections 18A and 18B

After section 18 of the principal Act, the following sections shall be inserted, namely:--

"18A. Protection to sanctuaries.--

(1) When the State Government declares its intention under sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith.

(2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.

18B. Appointment of Collectors.--

The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002, or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under subsection (1) of section 18.".

Section 12. Amendment of section 21

In section 21 of the principal Act, after the words "the Collector shall", the words "within a period of sixty days," shall be inserted.

Section 13. Insertion of new section 25A

After section 25 of the principal Act, the following section shall be inserted, namely:--

"25A. Time-limit for completion of acquisition proceedings.--

(1) The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18.

(2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.".

Section 14. Amendment of section 26A

In section 26A of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:--

"(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.".