Wildlife Protection Act, 1972
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Wild Life, which is a part and parcel of the environment, constitutes wealth of
the nation. it included wild animals, birds, plants etc. However, man, in the
process of progress and development and also for his selfish ends, is causing
much damage to the forests and wild life. Wild life is nature's gift and its
decline has an adverse effect of ecology and hence there is an urgent need to
protect the wild life. Therefore, in order to protect the wild life from
destruction, the Indian Parliament passed the Wild Life (Protection) Act in the
year 1972.
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Object
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The main object of the Act is to proved protection to the wild animals birds and
plants. The Act empowers the Central Govt. to declare certain areas as
Sanctuaries or National Parks. The Act prohibits hunting of wild animals; birds
etc. and impose punishment for violating the same.
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Salient Features
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The Act contains 66 Sections divided into seven chapters and six schedules.
Chapter- I ( Secs. 1 and 2 ) contains short title and definitions. Chapter - II
deals with Authorities under the Act. Chapter - III deals with the protection of
Specified Plants. Chapter - IV provides for declaration of sanctuaries, National
Parks and Closed Areas. Chapter - IV - A deals with Central Zoo Authority and
Recognition of Zoos. Chapter- V deals with Trade or Commerce in Wild Animals,
Animal Articles and Trophies. Chapter - V- A deals with prohibition of Trade or
Commerce in Trophies, Animal Articles etc. Chapter- VI relates to Prevention and
Detection of offences and finally Chapter- VII contains Miscellaneous
Provisions.
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Authorities
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Sec. 3 of the Act empowers the Central Govt. to appoint the Director and Asst.
Director Wild Life Preservation and other officials and employees. Further, Sec.
4 empowers, the State Govt. to appoint Chief Wild Life Warden, Wild Life Wardens
and on Honorary Wild Life Warden in each District and other officers and
employees as may be necessary.
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Wild Life Advisory Board
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It is constituted in each State or Union Territory to advise the State govt. in
selection and declaration of Sanctuaries, National Parks, Closed Areas etc. for
protection and conservation of wild life.
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Hunting of Wild Animals
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The Act prohibits hunting of wild animals. No person shall hunt any wild animals
as specified in the Schedules. However, there are certain exceptions. The State
Govt. may order to kill or wound in good faith any wild animal for self-defense
or to protect or save another. Any animal so killed or wounded is not and
offence and shall be govt. property. The Govt. may permit killing of certain
wild animals for academic purpose.
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Sanctuaries
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The State govt. by notification, may declare any area within the reserved forest
or territorial waters as a sanctuary if it considers fit the area for protection
and conservation of wild life.
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National Parts
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The State govt. by notification, may declare an area whether within a sanctuary
or not, is by reason of its ecological or other technical grounds needed to be
constituted as a national, park for the purpose of protection, propagating or
developing wild life.
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Recognition of Zoos
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Zoo shall be operated without being recognized by the authority. The person
intends to operate a Zoo shall apply to the Authority in such form and pay such
fee prescribed. The applicant should fulfill all the conditions. Then only the
Authority shall grant permission. No recognition to a Zoo shall be granted
unless the Authority having due regard to interest of protection and
conservation of wild life and such standards, norms and other matters as may be
prescribed, is satisfied that recognition may be granted. Such Zoo shall acquire
or transfer any wild animal specified in this Act with the previous permission
of the Authority. No person shall tease, molest, injure or feed any animal or
cause disturbance to the animals by noise, or otherwise or litter the grounds in
a zoo.
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Trade or Commerce in wild animals, animal articles and trophies
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All the wild animals, animal articles and trophies shall be the property to the
State Government. No person is entitled to hunt any wild animals. No person,
without the previous permission in the writing of the Chief Wild Life Warden or
the Authorized Officer, acquire or keep in his possession, custody, or control,
or transfer to any person whether by a way of gift, sale or otherwise or destroy
or damage. At the commencement of this Act, If any person possesses any animal
specified in this Act or any uncured trophy derived from such animal or salted
or dried skins of such animal or the musk or a musk deer or dorm of a rhinoceros
shall declare and obtain the permission from the Chief Wild Life Warden or the
authorized person. After the commencement of this Act no person shall acquire,
receive, keep in his control, custody or possession sell, offer for sale or
otherwise transfer or transport any animal specified in the Act or any uncured
trophy or meat derived from such animal or the skins or musk or horn without the
previous permission in writing of the Chief Wild Life Warden or the Authorized
person. Dealings in trophies and animal articles without license is prohibited.
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Purchase of animal:
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The person who obtains wild animals with the previous permission of the
Authorities shall not sell it. He shall keep it in a habitat and healthy
conditions.
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Power of entry, search, arrest, and detention:
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Any authorized person under this Act is entitled and has power of entry, search,
arrest and detention of any premises. He can stop vehicle or vessel. He can
enter any premises. He can seize any captive animal - wild animal, animal
article, meat, trophy or uncured trophy or any specified plant or part of
derivative thereof forms the possessor.
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Penalties: (Section 51 of Wild Life Protection Act)
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Any person who contravenes any provision of the act [except chapter V-A
(prohibition of trade or commerce in trophies or Animal articles) and section 38
J (prohibition of teasing of animals)] or any rule made there under, or who
commits a breach of any conditions of any licence or permit granted under this
act shall be punishable with imprisonment for a term which may extend to Three
years or with fine may extend to Twenty Five Thousand rupees or both .
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If any offence committed in relation to any animal specified in Schedule-I or
Part-II of Schedule-II on where offence relates to hunting in a Sanctuary or
National Park or altering the boundaries of Sanctuary or National Park such
offence shall be punishable with imprisonment for a term which shall not be less
than Three years but may extend to seven years and also with fine which shall
not be less than Ten Thousand rupees.
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For second & subsequent offence, the term of imprisonment shall not be less than
Three years & may extend to Seven years and also fine which shall not be less
than Five Thousand rupees.
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Any person who contravenes any provisions of chapter V-A i.e. Prohibition of
trade or commerce in trophies or animal articles, shall be punishable with
imprisonment for a term which shall not be less than Three years and also fine
should not less than Ten Thousand rupees.
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Any person who contravenes any provisions of section 38 J [prohibition of
teasing of animals] shall be punishable for a term which may extend to Six
Months or with fine may extend to Two Thousand rupees or both.
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