with the permission of the Chief Wildlife Warden. Overview of the Chapters: Chapter I. 1306 (102nd). ©2000-2021 ITHAKA. The Wildlife (Protection) Act 1972 provides the basic framework to ensure the protection and management of wildlife. This was the first umbrella act which established schedules of protected plant an. Among other reforms, the Act established schedules of protected plant and animal species; hunting or harvesting these species was largely outlawed. —inviting persons and organisations on the register to have their names and postal addresses left on the register. Wildlife Protection Act, 1972 (with Amendment Acts of 2003 and 2006): The act provides for the protection of wild animals, birds and plants and matters connected with them, with a view to ensure the ecological and environmental security of India. Full length research articles and shorter research communications, review articles, scientific correspondence and commentaries, news and views, comments on recently published research papers, articles on universities and institutions, interviews with scientists, , book reviews, etc are published in the journal. Mar 6, 1991. makes that copy available to an officer of Customs, or an inspector, doing duty in relation to the export of the specimen.”. Declaration by dealers.—. The Wildlife Protection Act, 1972, provided for the protection of the wild animals, birds and plants. in the case of a name and address that was on the register before the most recent notice under subsection (2), —the invitation to keep that name and address on the register was not accepted within one month after the publication of that notice; or, the person or organisation makes a written request for the removal; or. An Act for the protection, preservation and management of wildlife for the purposes of maintaining a healthy ecosystem and safeguarding public safety and health, and for related matters. By this act, hunting or harvesting these species was largely outlawed. All birds, their nests and eggs are protected by law and it is thus an offence, with certain exceptions (see Exceptions), to: 1. “(7) The register is to set out opposite to each description of controlled specimens the date of the declaration of the specimens.”. the Designated Authority becomes satisfied that: in each State and internal Territory in a newspaper circulating generally in that State or Territory; and, declare an approved management program under section 10; or, declare a controlled specimen under section 10, the Designated Authority must send each person and organisation on the register maintained under section. Short title, extent, and commencement. BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: 1. 7Sec. Section .4 of the Principal Act is amended by inserting in subsection (1) the following definition: “ ‘controlled specimen’ means a specimen that is a controlled specimen because of a declaration in force under section 10a;”. 2 [***] CHAPTER 1 Preliminary 1. In 1991 the Wild Life Act was further amended. • 3[(2) It extends to the whole of India, except the State of Jammu and Kashmir. This Act has been amended 6 times till now—in 1982, 1986, 1991, 1993, 2002 and 2006. With its amendments in 1912, wild animals were added under the purview of the Act. 1987 c. 28. Intentionally kill, injure or take any wild bird. The Wild Life (Protection) Act, 1972 was enacted with the objective of effectively protecting the wild life of this country and to control poaching, smuggling and illegal trade in wildlife and its derivatives. (2) In this Act, “Principal Act” means the Wildlife Protection (Regulation of Exports and Imports) Act 19821. “(7) In subsection (2), a reference to public notice is a reference to a notice published: (b)    in each State and internal Territory in a newspaper circulating generally in that State or Territory; and. The Act is applicable for Union Territories as well. In Schedule 2, paragraph 4. “(3) A notice must state that the acceptance of an invitation: (a)     is to be in writing sent to the Designated Authority at a place specified in the notice accompanied, except in the case of an invitation under paragraph (2) (b), by particulars of the name and postal address of the acceptor; and, (i) in the case of a person, or organisation, in existence on the publication of the notice—within one month after that publication; and. 120, 1986 (as amended by No. The Wildlife (Protection) Act of 1972 was amended in 1982, 1986, 1991, 1993, 2002, 2006, and 2013. The act has 6 schedules and each schedule guarantees varied degrees of protection to animals and plants. Insert the following word and subparagraph: “; or (iv) the specimen is, or is derived from, a plant specimen that is a controlled specimen.”. In such cases, the courier is charged under the Customs Act and the Foreign Trade (Development and Regulation) Act for not having a no objection certificate (NOC) for their "goods". 53 of 1972) (9th September, 1972) An Act to provide for the protection of [Wild animals, birds and plants]1 and for matters connected therewith or ancillary or incidental thereto. Act Number: 53: Enactment Date: 1972-09-09: Act Year: 1972: Short Title: The Wild Life (Protection) Act, 1972: Long Title: 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. Citation Act No. Short title, extent, and commencement, - (1) This Act may be called the Wildlife (Protection) Act, 1972. CWLW, are not full-filling their statutory duties comprehensively, as provided under the Act. (ii) that condition has been contravened.”. In Schedule 6, paragraphs 13 and 23. Wildlife Protection Act 1972 is first umbrella act which established schedules of protected plants and animal species of India. 2 (6) “Cattle” includes buffaloes, bulls, bullocks, camels cows domestic, elephants, donkeys, goats, horses, mules, pigs and sheep, and also includes their young,” omitted by Act 44 of 1991, sec 5. 11. Section 62 of the Principal Act is amended: (a)      by omitting from paragraph (2) (b) “matter or thing” and substituting “goods”; (b)      by inserting in subsection (10) the following definition: “ ‘goods’ includes documents but does not include any specimen or any article to which subsection 4 (2) applies.”. National Parks and Wildlife Act - 1972 Regulations—ceased; National Parks and Wildlife Act - 1977 Regulations re King Quail—ceased; National Parks and Wildlife (Amendment of Schedules 7, 8 and 9 of Act) Regulations 2008; National Parks and Wildlife (Amendment of Schedules 7, 8 and 9 of Act) Regulations 2019 2921 (102nd). Section 21 of the Principal Act is amended by omitting “5 years” and substituting “10 years, or both”. Wildlife and Countryside Act 1981. is to be in writing sent to the Designated Authority at a place specified in the notice accompanied, except in the case of an invitation under paragraph (2) (b), by particulars of the name and postal address of the acceptor; and, (i) in the case of a person, or organisation, in existence on the publication of the notice, —within one month after that publication; and. The Amendment in 1991 introduced many small changes into the original Act. The Act was substantially amended in 2002. (c) in each external Territory that the Minister considers appropriate (if any) in a newspaper circulating generally in that external Territory. WLPA revolves around the Chief Wildlife Warden (CWLW), appointed under Section 4 of the WLPA. By this act, hunting or harvesting these species was largely outlawed. 6. The Act is applicable for Union Territories as well. This Act may be cited as the Wildlife Act. Section 8 of the Principal Act is amended by inserting after subsection (5) the following subsections: “(5a) For the purposes of subsection (1), a specimen is to be taken to be brought into Australia for the purpose of transhipment to another country if, and only if: (a)      the specimen is brought into Australia in the course of being transported to an identified person in the other country; and, (b)      any delay in its leaving Australia will be due solely to the arrangements for its transport; and. —the Minister is to revoke the declaration if he or she becomes satisfied that: After section 10 of the Principal Act the following section is inserted: means a specimen that is, or is derived from, a native Australian animal or a native Australian plant other than: a live native Australian animal of a species included in the sub-phylum vertebrata, not being a fish; or, a specimen specified in Part I of Schedule 1; or. (c)      it will be under the control of an inspector all the time that it is in that Territory.”. Act No. No court shall take cognizance of any offence against the Wildlife Protection Act except on a complaint by: The Director of wildlife preservation or any other officer authorized in this behalf by the Central Government or; The Chief Wildlife Warden or any other officer authorized by the State Government; or, any person who has given notice of not less than 60 days, in the manner prescribed, of the alleged offence … Any amendment to this act can be done on the recommendation of an expert committee, that has been put together by the Indian Board of Wildlife. (d)   subject to compliance with a particular condition; (e)   in such a case, the instrument of declaration is to specify the period, quantity, circumstances or condition; and. The J&K Wildlife (Protection) Act, 1974 and Rules, 1975. Section 10 of the Principal Act is amended by adding at the end the following subsection: “(3) The Minister may make a declaration about a management program even though he or she considers that the program should be an approved management program only: (b)      while certain circumstances exist; or. Short title, extent, and commencement: • (1) This Act may be called the Wildlife (Protection) Act, 1972. The journal covers all branches of pure/applied science and technology such as physics, chemistry, life sciences, medicine, earth sciences, engineering and technology. 53 of 1972 dated 9th. Prohibition Of Trade Or Commerce In Trophies, Animal Articles, Etc. 2. Jul 16, 1991. The wildlife (protection) act, 1972 : (as amended upto 1991) Complete Title: The wildlife (protection) act, 1972 : (as amended upto 1991) THE WILDLIFE (PROTECTION) ACT (No. Section 45 of the Principal Act is amended: by omitting from subsection (1) all words from and including “he or she produced” and substituting: (ii) where the export is from an external Territory, is satisfied that the production of the permit or authority is impracticable; and, endorses a copy of the permit or authority to show that the notice is being given; and. Derived From Certain Animals. This law applies to the whole country except the state of Jammu & Kashmir which has its own act for the same purpose. “(6) The Designated Authority must maintain a register containing descriptions of the controlled specimens. The Chief Wildlife Warden (CWLW) is the statutory authority, under the Wildlife Protection Act, who heads the Wildlife Wing of the department and exercises complete administrative control over Protected Areas (PAs) within a state. Wildlife . Act Number: 53: Enactment Date: 1972-09-09: Act Year: 1972: Short Title: The Wild Life (Protection) Act, 1972: Long Title: 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. 39. number 9 of 1991. radiological protection act, 1991. an act to provide for the establishment of an institute to be called the radiological protection institute of … 99, 1988. Also read about challenges & issues with Wildlife Protection Act in India. Protection of wild birds Definition. (a) his stocks, if any, as at the end of the specified date of—. 13. “(2) A person or organisation on the register may give the Designated Authority written comments on the proposal within one month after its receipt of the notice or such longer period as the Designated Authority determines. CHAPTER I - Preliminary 1 . 141, 1987); and No. Wild Life (Protection) Act, 1972 [Act No. The main activity of the Association is publication of a fortnightly multidisciplinary journal. Wildlife Protection Act, 1972 - Objects and Salient Features. 16. The Wild Life (Protection) Act, 1972 Parliament of India Long title An Act to provide for the protection of Wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto. THE WILDLIFE (PROTECTION) ACT, 1972 (No. 4. In … “; or (iv) the specimen is, or is derived from, a plant specimen, that is a controlled specimen.”. 1. —within 12 months after that publication. Wildlife protection act, 1972(Amended 1991, 2002) The act was passed by the Parliament of India to protect India’s wildlife. You may be able to obtain assistance from a lawyer or paralegal. 2 (3) “big game” means any animal specified in Schedule III;” omitted by Act 44 of 1991, sec 5. 2. The Environmental Protection Act 1990. This item is part of a JSTOR Collection. Amendments relating to controlled specimens. CURRENT SCICENCE is published by the Current Science Association, Bangalore, in collaboration with Indian Academy of Sciences, Bangalore. (ii) in any other case—the person or organisation has ceased to exist. In GovTrack.us, a database of bills in the U.S. Congress. it will be under the control of an inspector all the time that it is in that Territory.”. “(4) The Minister may make a decision under subsection (2) or (3) about specimens of a particular kind even though the decision is: (a)      limited to specimens taken during a particular period; or, (b)      limited to a particular number or other quantity of the specimens; or, (c)      subject to the existence of particular circumstances; or. THE INDIAN WILDLIFE (PROTECTION) ACT, 1972 (as amended upto 1993) CONTENTS CHAPTER I - [ PDF ] Preliminary. Section 63 of the Principal Act is amended: (b)      by omitting from subparagraph (3) (a) (ii) “matter or thing” and substituting “goods”; (c)      by adding at the end the following subsection: ‘goods’ includes documents but does not include any specimen or any article to which subsection 4 (2) applies.”. “; or (iii) specimens that are, or are derived from, plant specimens that are controlled specimens.”. Our staff can't provide legal advice, interpret the law or conduct research. Citation Act No. Intentionally take, damage or destroy the nest of any wild bird while it is in use or being built. It was felt that due to continuous poaching and illegal trade in animal articles, the wildlife population in India has rapidly declined. The Principal Act is amended as set out in the Schedule. The Act has 7 Chapters, 66 Sections and 6 Schedules as of today. JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. 5. “(2) As soon as practicable after the commencement of this section and on each anniversary of that commencement, the Designated Authority must give public notice: (a)     inviting persons and organisations to have their names and postal addresses entered on the register; and. One more amendment has been introduced in rajya sabha and is with the parliamentary standing committee on science & technology, environment & forests for scrutiny. (c)     the Designated Authority becomes satisfied that: (i) in the case of a natural person—the person has died; or. “(5) The Minister, in making a decision about specimens for the purposes of subsection (2) or (3), is to take into account advice from the Designated Authority on: (a)      the size of the populations of the animals or plants from which the specimens would be taken; and, (b)     the potential impact on those populations of taking the specimens; and, (c)      any management program relating to those animals or plants; and, (d)     the extent of controls over the taking, possession and disposal of the specimens; and, (e)      the extent of any proposed or potential export or import, as the case requires, of the specimens for commercial purposes; and. Section 22 of the Principal Act is amended by omitting “5 years” and substituting “10 years, or both”. The rationale for the passing of the Act 7Sec. This Act has been amended 6 times till now—in 1982, 1986, 1991, 1993, 2002 and 2006. (ii) in any other case—within 12 months after that publication. (b)   received written notice from the Designated Authority authorising the export of the specimen without the production of the permit or authority.”; (b) by inserting after subsection (1) the following subsection: “(1a) The Designated Authority must not give the notice referred to in paragraph (1) (b) unless he or she: (a)      is satisfied that the production of the permit or authority is impracticable; and, (b)     endorses a copy of the permit or authority to show that the notice is being given; and. 1976, no. An Act to provide for the protection of [wild animals, birds and plants] and for matters connected … (e)      where paragraph (b) or (c) applies—the Minister is to revoke the declaration if he or she becomes satisfied that: (i) those circumstances have ceased to exist; or. The Central Bureau of Investigation (CBI) has been empowered under the Wild Life (Protection) Act, 1972 to arrest and prosecute wildlife offenders. … Special Sections are also published on diverse and topical themes and this has served as a platform for scientific fraternity to get their work acknowledged and highlighted. “(v) in the case of a specimen that is, or is derived from, a native Australian animal, the specimen is, or is derived from, a controlled specimen; and”. For previous amendments, see No. 1. The Biological Diversity Act, 2002 The J&K Biological Diversity Rules, 2015 . “(2) Where the Minister decides that it would be consistent with the object of this Act for ordinary Australian specimens of a particular kind to be taken from a particular place in Australia or an external Territory otherwise than in accordance with an approved management program and exported, he or she may, by signed instrument published in the, “(3) Where the Minister decides that it would be consistent with the object of this Act for ordinary specimens of a particular kind to be taken in a particular place in a foreign country otherwise than in accordance with an approved management program and imported, he or she may, by signed instrument published in the, limited to specimens taken during a particular period; or, limited to a particular number or other quantity of the specimens; or, subject to the existence of particular circumstances; or. The act extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. (b)    proposals for declarations of controlled specimens under section 10a. The Police and Criminal Evidence Act 1984. Prior to Wildlife Protection Act of 1972, India only had five designated national parks. “(5) The Designated Authority may vary the address on the register of a person or organisation at the written request of the person or organisation. —the Minister is to revoke the declaration that the specimens are controlled specimens if he or she becomes satisfied that: the size of the populations of the animals or plants from which the specimens would be taken; and, the potential impact on those populations of taking the specimens; and, any management program relating to those animals or plants; and, the extent of controls over the taking, possession and disposal of the specimens; and, the extent of any proposed or potential export or import, as the case requires, of the specimens for commercial purposes; and. In this edition of This Day in History, you can read all about the Wildlife Protection Act, its … No. Section 10 of the Principal Act is amended by adding at the end the following subsection: while a certain condition is complied with; but: in such a case, the instrument of declaration is to specify the period, circumstances or condition; and. The Wildlife and Countryside Act 1981. Section 22 of the Principal Act is amended by omitting “5 years” and substituting “10 years, or both”. 22, 1984; No. For terms and use, please refer to our Terms and Conditions 2. Loi Pays Rendez-vous amoureux Sujet Attachement à la loi ; Air Navigation (Overseas Territories) (Environmental Standards) (Amendment) Order : Caribbean, Virgin Islands, British The whole Act. It prohibits certain methods of killing or taking wild animals. 1990 c. 43. 1. For the purposes of Part 1 of the WCA 1981 a 'wild bird' is defined at Section 27 as: 6Sec. 3. Many exotic species are not covered under the Wildlife Protection Act, 1972, or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) that regulates all commercial trade. 10. “(4) Where a person or organisation accepts an invitation in the way required by the notice, the Designated Authority is to enter, or retain, the name and postal address of the person or organisation on the register. India - Sansar Chand v. State of Rajasthan, Criminal Appeal No. “(iii) specimens that are, or are derived from, animal specimens that are controlled specimens; or”. Section .4 of the Principal Act is amended by inserting in subsection (1) the following definition: Section 8 of the Principal Act is amended by inserting after subsection (5) the following subsections: the specimen is brought into Australia in the course of being transported to an identified person in the other country; and, any delay in its leaving Australia will be due solely to the arrangements for its transport; and. purpose of wildlife protection. “(6) The Designated Authority must remove the name and address of a person or organisation from the register if: (a)     in the case of a name and address that was on the register before the most recent notice under subsection (2)—the invitation to keep that name and address on the register was not accepted within one month after the publication of that notice; or, (b)    the person or organisation makes a written request for the removal; or. To facilitate limited harvest of certain wildlife species, or manage adverse effects they cause, a species may be given a lower level of protection. “(v) the specimen is, or is derived from, an animal specimen that is a controlled specimen; or”. Section 16 of the Principal Act is amended: (a)      by omitting from paragraph (1) (d) “and”; (b)      by adding at the end of subsection (1) the following word and paragraph: “; and (f) it is not proposed to export (whether by virtue of this subsection or otherwise) more than 6 animals (including the animal referred to in paragraph (a) or the animal and one other animal of that species) of species specified in Schedule 7 that have been kept as household pets by the exporter or the members of the household of the exporter.”. (c)      makes that copy available to an officer of Customs, or an inspector, doing duty in relation to the export of the specimen.”. Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1991, An Act to amend the Wildlife Protection (Regulation of Exports and Imports) Act 1982. The Association is registered as a Society in India under the Societies Registration Act. Section 76 of the Principal Act is amended: by adding at the end of paragraph (1) (ca) “and”; Section 80 of the Principal Act is amended by inserting after paragraph (1) (a) the following paragraphs: (ab) a declaration by the Minister under subsection, (ac) the revocation by the Minister under paragraph. This preliminary chapter defines the applicability of this LawLaw in India. (ii) where the export is from an external Territory— an inspector; doing duty in relation to the export of the specimen; or. 12. Export of household pets—native Australian animals. 2. 1984 c. 60. Finally, the Wildlife Protection Act was passed in 1972. A Brief Introduction to the Act. “9a. 133 of 1991 as made: An Act to amend the Wildlife Protection (Regulation of Exports and Imports) Act 1982: Administered by: Agriculture, Water and the Environment “(3) The Minister is not to make the proposed declaration unless the Minister has considered all comments on the proposal given under subsection (2).”. The Act has been amended in 1982, 1986, 1991 and 1993. Section 16 of the Principal Act is amended: by omitting from paragraph (1) (d) “and”; by adding at the end of subsection (1) the following word and paragraph: Section 21 of the Principal Act is amended by omitting “5 years” and substituting “10 years, or both”. “(5b) For the purposes of subsection (2), a specimen is to be taken to be brought into an external Territory for the purpose of transhipment to another country if, and only if: (a)      the specimen is brought into that Territory in the course of being transported to an identified person in the other country; and, (b)      any delay in its leaving that Territory will be due solely to the arrangements for its transport; and. The wildlife (protection) act, 1972 : (as amended upto 1991) Complete Title: The wildlife (protection) act, 1972 : (as amended upto 1991) This is the first comprehensive legislation relating to the protection of wildlife was passed by the Parliament and it was assented by the President on 9th September 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972). Most species of wildlife (including mammals, birds, reptiles and amphibians), native or introduced, are absolutely protected under the Act. The act extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. To provide for the restoration of fish and wildlife and their habitat imported by the Central Valley Project, and for other purposes. 3. (f)   where paragraph (c) or (d) applies—the Minister is to revoke the declaration that the specimens are controlled specimens if he or she becomes satisfied that: (ii) that condition has been contravened. The number of Schedules in the Wildlife (Protection) and 11 (Part n> (21 entries) (TabIe 2>" In addition< 531 Act increased from five in 1972 when the Act first ot ,he 638 new Plants and animals that find a Place in came into force to six in 1991 when for the first time the Schedules have been added to Schedules I … 6Sec. The Wildlife (Protection) Act, 1972 currently consists of 7 chapters, its 66 sections and six schedules. “(2) Where the Minister decides that it would be consistent with the object of this Act for ordinary Australian specimens of a particular kind to be taken from a particular place in Australia or an external Territory otherwise than in accordance with an approved management program and exported, he or she may, by signed instrument published in the Gazette, declare those specimens so taken to be controlled specimens for the purposes of this Act. (1) The Designated Authority must maintain a register containing a list of the names and postal addresses of persons and organisations who are to be notified of: (a)     proposals for declarations of approved management programs under section 10; and. Bio Diversity. The Act was amended subsequently in 1982, 1986, 1991, 1993 etc., to accommodate various provisions for its effective implementation. Section 80 of the Principal Act is amended by inserting after paragraph (1) (a) the following paragraphs: “(aa) the revocation by the Minister under paragraph 10 (3) (e) of a declaration; (ab) a declaration by the Minister under subsection 10a (2) or (3); (ac) the revocation by the Minister under paragraph 10a (4) (f) of a declaration;”. An Act to amend the Wildlife Protection (Regulation of Exports and Imports) Act 1982. it will be under the control of the Customs all the time that it is in Australia. 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I of Schedule 3, except the State of Jammu and Kashmir which has own... The Biological Diversity Act, 1972 currently consists of 7 chapters, its sections!