THE WILDLIFE (PROTECTION ACT,
1972
Dr Rajendra D. Velhankar
Assistant Profesor of Medicine,
BVC, Mumbai – 400 012
• An Act to provide for the protection of wild
animals, birds and plants and for matters
connected therewith or ancillary or incidental
thereto
• Animal includes amphibians, birds, mammals,
and reptiles and their young and also includes,
in the cases of birds and reptiles, their eggs.
• Animal article mans an article made from any
captive animal or wild animal,. Other than
vermin and includes an article object in
which the whole or any part of such animal
has been used and ivory imported into India
and an article made there from.
• Hunting includes:
(a) Capturing, killing, poisoning, hunting and
trapping of any wild animal and every attempt to
do so.
(b) driving any wild animal for any purposes
specified in sub-clause (a).
(c ) injuring or destroying or taking any part of
the body of any such animal or in the case of wild
birds or reptiles, damaging the eggs of such birds
or reptiles, or disturbing the eggs or nests of such
birds or reptiles.
• mat includes blood, bones, skin, eggs, fat and
flesh, whether raw or cooked, of any wild
animal other than vermin;
• National park means an area declared,
whether under Sec. 35 or Sec. 38 or deemed,
under sub-section(3) of Sec. 66, to be
declared, as a National park
• taxidermy means the curing, preparation or
preservation of trophies;
• trophy means the whole or any part of any
captive animal or wild animal, other than
vermin, which has been kept or preserved by
any means, whether artificial or natural and
includes:
(a) rugs, skins, and specimens of such animals
mounted in whole or in part through a process
of taxidermy, and
• (b) antler, horn, rhinoceros horn, hair, feather,
nail, tooth, musk, egg and nests;
• (32) uncured trophy means the whole or any
part of any captive animal or wild animal, other
than vermin, which has not undergone a process
of taxidermy, and includes a freshly killed wild
animal ambergris, musk and other products.
• (33) vehicle mans any conveyance used for
movement on land, water or air, and includes
buffalo, bull, bullock, camel, donkey, elephant,
horse and mules;
• (34) vermin means any wild animal specified in
Sch.V.
• 35) weapon includes ammunition, bows and
arrows, explweapon osives, fire arms, hooks,
knives, nets, poison, snares, traps, and any
instrument or apparatus, capable of
anesthetizing, decoying, destroying, injuring
or killing an animal.
• (36) wild animal mans any animal found wild
in nature and includes any animal specified in
Schedules I,II,III,IV, or V wherever found.
• (37) wild life includes any animal, bees,
butterflies, crustacean fish and moths, and
aquatic or land vegetation which forms part of
any habitat.
• Zoo means an establishment whether
stationary or mobile, where captive animals
are kept for exhibition to the public but does
not include a circus and an establishment of a
licenced dealer in captive animals.
• Authorities to be appointed or constituted
under the Act
• 3. Appointment of Director and other
officers
• (1) The central Government may, for the
purposes of this Act, appoint
• (a) Director of wildlife preservation
• (b) Assistant Directors of wildlife preservation
and
• ( c) such other officers and employees as may
be necessary.
• Appointment of Chief wildlife warden and other
officers
• 1. The State Government may, for the purposes
of this Act, appoint
a. chief wildlife warden
b. Wildlife wardens
(bb) one honorary wildlife warden in each district
and
c. such other officers and employees as may be
necessary.
• The Wild life warden, the Honorary Wild life
wardens and other officers and employs
appointed under this section shall be subordinate
to the Chief Wild life warden
6. Constitution of the Wildlife Advisory Board
• (a) the Minister in charge of Forests in the State Government or as
the case may be, the Chief Secretary to the State Government who
shall be the Chairman.
• b) two members of the state Legislature, or two members of the
Legislature of the union territory
• c) Secretary to the State Government or to the Government, or
to the Government of the union territory in charge of forests.
• d) The Forest Officer in charge of the State Forest Department by
whatever designation called, ex-officio;
• e) an officer to be nominated by the Director
• f) Chief Wildlife Warden, ex-officio
• g) Officers of the State Forest Government not exceeding five;
• h) such other persons, not exceeding ten, who, in the opinion of
the State Government are interested in the protection of wildlife,
including the representatives of tribals not exceeding three.
• Duties of the wildlife advisory board
• It shall be the duty of the Wild life advisory board
to advise the State Government.
• In the selection of areas to be declared as Sanctuaries,
National parks and closed areas, and its
administration
• in formulation of the policy for protection and
conservation of wildlife and specified plants;
• In any matter relating to any schedule;
• (cc) in relation to the measures to be taken for
harmonizing the needs of the tribals and other
dwellers of the forest with the protection and
conservation of wildlife; and
(d) In any matter referred to it by the State
Government
9. Hunting of Wild animals
• Not permitted.
• specified in Schedules I,II,III and IV except as
provided under section II and section 12.
11. Hunting of wild animals to be permitted in certain cases.
• (1) Notwithstanding anything in any other law for the time
being in force and subject to the provisions of Chapter IV.
• (a) The Chief Wildlife Warden may, if he is satisfied that
any wild animal specified in Sch.I has become dangerous to
human life or is so disabled or diseased as to be beyond
recovery, by order in writing and stating the reasons
therefore, permit any person to hunt such animals or cause
such animal to be hunted.
• (b) The Chief Wildlife warden or the authorized officer
may, if he is satisfied that any wild animal specified in Sch.
II, Sch. III or Sch. IV has become dangerous to human life or
to property (including standing crops or any land)_ or is so
disabled or diseased as to be beyond recovery, by order in
writing and stating the reasons therefore, permit any
person to hunt such animal or cause such animal to be
hunted.
• (2) The killing or wounding in good faith of
any wild animal in defence of oneself or of any
other person shall not be an offence.
• .
• Any wild animal killed or wounded in defence
of any person shall be Government property.
Grant of permit for special purposes
• Chief Welfare Warden to grant by an order in
writing, on payment of such fee as may be
prescribed, which shall entitle the holder of such
permit to hunt, any wild animal specified in such
permit, for the purpose of
– education
– scientific research , (bb) Scientific management.
– Collection of specimens
(i) for recognized zooes or (ii) for museums and
similar institutions
– Derivation, collection or preparation of snake-
venom for the manufacture of life saving drugs.
Provided that no such permit shall be granted
• in respect of any wild animal specified in Sch.I
except with the previous permission of the
Central Government and
• in respect of any other wild animal, except
with the previous permission of the state
Government.
•
CHAPTER IIIA
PROTECTION OF SPECIFIED PLANTS
•
•
• 17A. Prohibition of picking, uprooting etc. of specified plants
•
• Save as otherwise provided in this chapter, no persons
shall
• Willfully pick, uproot, damages, destroy, acquire or collect any
specified plant from any forest land and area specified, by
notification, by the Central Government.
• Possess, sell, offer for sale or transfer by way of gift or
otherwise, or transport any specified plant, whether alive or
dead, or part or derivative thereof. Provided that nothing in
this section shall prevent a member of a scheduled tribe
subject to the provisions of chapter IV, from picking, collecting
or possessing in the district he resides any specified plant or
part or derivative thereof for his bonafide personal use.
• The Chief Wildlife Warden may grant to any
person a permit to pick, uproot, acquires or
collect from a forest land or the area specified
under section 17A or transport, subject to
such conditions as may be specified therein ,
any specified plant for the purpose of –
– education
– Scientific research
– Collection, preservation and display in a
herbarium, of any scientific institution, or
– Propagation by a person or an institution
• 17C. Cultivation of specified plants
without license prohibited
• No person shall cultivate a specified plant
except[t under and in accordance with a
licenced granted by the Chief Wildlife Warden
or any other officer authorized by the State
Government in this behalf.
• Every licence granted under this section shall
specify the premises in which and the
conditions
• 17F. Possession, etc. of plants by licensee
• No licensee under this chapter shall –
• (a) Keep in his control, custody or
possession -
• (i) any specified plant, or part of derivative
• thereof
• (ii) any specified plant, or part or derivative
thereof which has not been lawfully acquired
• (b)(i) pick, uproot, collect or acquire any
specified plant, or
• (ii) acquire, receive, keep in his control,
custody or possession, or sell, offer for sale or
transport, any specified plant or part or derivative
thereof, Person shall declare the stock with him
• 17H. Plants to be Government property
Every specified plant or part or derivative
thereof, in respect of which any offence
against this Act or any rule or order made
thereunder has been committed, shall be the
property of the State Government.,
What is sanctury or national park
• Any area which by the reason of its
ecological,faunal ,floral , geo morphological or
zoological assiciation or importance may aid in
propagating, protecting or develop wild life,
then State Government may declare that area
as sanctury or national park.
Formation of sancturies /National
parks
• Purpose
• Land acquisition
• Fencing
• Not allowing trace passers ( vahi vaat)
• No person with arms or ammunition
• No hunting except with permission
Trade of trophies
• Wild animal – Govt property
• Any trophy should be thru proper channel and
certificate
• If found, hand it over to police station
• No transactions to be made with in or
interstate – with out a proper certificate of
ownership.