Wild Life (Protection) Amendment Act, 2022

jft LVªhl a
ñ Mhñ, yñ—( , u) 04@

0007@
2003—22 REGISTERED NO. DL—(N)04/0007/2003—22
सी.जी.-डी.एल.-अ.-20122022-241252
xxxGIDHxxx
CG-DL-E-20122022-241252
xxxGIDExxx
v l k/kkj.k
EXTRAORDINARY
Hkkx II — [ k.M 1
PART II — Section 1
i zkf/kdkj l si zd kf' kr
PUBLISHED BY AUTHORITY
la
ñ 27] ubZfnYyh] ea
xyokj] fnl Ecj 20] 2022@
v xzgk; .k29] 1944 ¼'kd½
No. 27] NEW DELHI, TUESDAY, DECEMBER 20, 2022/AGRAHAYANA 29, 1944 (SAKA)
bl Hkkx esafHkU
u i `"Bl a
[ ; knht krhgSft l l sfd ; g v yx l a
d yu ds: i esaj[ kkt kl dsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
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:—
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. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
53 of 1972. 2. In the long title of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the Amendment of
principal Act), for the words "protection of wild animals, birds and plants", the words long title.
"conservation, protection and management of wild life" shall be substituted.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Amendment of 3. In section 2 of the principal Act,—

section 2.
(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.'.
Amendment 4. In section 5A of the principal Act, in sub-section (1), for clause (d), the following
of section 5A. clause shall be substituted, namely:—
"(d) Member, NITI Aayog in-charge of Environment, Forest and Climate Change;".
Insertion of 5. After section 6 of the principal Act, the following section shall be inserted,
new section
namely:—
6A.
Standing "6A. (1) The Board may constitute a Standing Committee for the purpose of
Committee of
exercising such powers and performing such duties as may be delegated to it by the
Board.
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.".
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 Amendment
IV", the words and figures "Schedules I and II" shall be substituted. of section 9.
7. In section 11 of the principal Act, in sub-section (1), in clause (b), the words and Amendment
figures ", Schedule III, or Schedule IV," shall be omitted. of section 11.
8. In section 24 of the principal Act, in sub-section (2), in clause (b), for the words and Amendment
of section 24.
1 of 1894. figures "Land Acquisition Act, 1894", the words and figures "Right to Fair Compensation
30 of 2013. 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),— Amendment
of section 25.
1 of 1894. (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,
30 of 2013. 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
30 of 2013. Acquisition, Rehabilitation and Resettlement Act, 2013.'.
10. In section 28 of the principal Act, in sub-section (1), in clause (b), after the word Amendment
"photography", the words "and film-making without making any change in the habitat or of section 28.
causing any adverse impact to the habitat or wild life" shall be inserted.
11. In section 29 of the principal Act,— Amendment
of section 29.
(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.".
of section 33.
(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
2 of 2007. 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;
(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.
Amendment 13. In section 34 of the principal Act, after sub-section (3), the following sub-section
of section 34. shall be inserted, namely:—
"(4) No renewal of any licence under the Arms Act, 1959, shall be granted to any 54 of 1959.
person residing within ten kilometres of a sanctuary except under the intimation to the
Chief Wild Life Warden or the authorised officer.".
Amendment 14. In section 35 of the principal Act, after sub-section (3), the following sub-sections
of section 35. 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.”.
Amendment 15. In section 36D of the principal Act, in sub-section (2),—
of section
36D.
(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.".
Amendment 16. In section 38 of the principal Act,—
of section 38.
(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.
Amendment of 17. In section 38-I of the principal Act,—
section 38-I.
(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.”.
Amendment 18. In section 38L of the principal Act, in sub-section (2), in clause (o), for the words
of section "Inspector General of Forests or an officer of the equivalent rank", the words "an officer not
38 L.
below the rank of Inspector General of Forests" shall be substituted.
19. After section 38X of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
38XA.
“38XA.The provisions contained in this Chapter shall be in addition to, and not Provisions of
in derogation of, the provisions relating to sanctuaries and National Parks (whether Chapter to be in
addition to
included and declared, or are in the process of being so declared) included in a tiger provisions
reserve under this Act.”. relating to
sanctuaries and
National Parks.
20. In Chapter IVC of the principal Act, in the heading, for the words "TIGER AND Amendment
OTHER ENDANGERED SPECIES", the words "WILD LIFE" shall be substituted. of heading of
Chapter IVC.
21. In section 38Y of the principal Act,— Amendment of
section 38Y.
(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 Amendment of
shall be inserted, namely:— section 39.
"(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" Amendment of
wherever they occur shall be omitted. section 40.
24. In section 40A of the principal Act, in sub-section (1), the words and figures "or Amendment of
Part II of Schedule II" shall be omitted. section 40A.
25. In section 41 of the principal Act, in sub-section (1), in clause (b), the words and Amendment of
figures "and Part II of Schedule II" shall be omitted. section 41.
26. After section 42 of the principal Act, the following section shall be inserted, Insertion of new
namely:— section 42A.
"42A. (1) Any person having a certificate of ownership in respect of any captive Surrender of
animal, animal article, trophy or uncured trophy, meat or ivory imported into India or an captive
animals,
article made from such ivory, and who is not desirous of keeping it in his control,
animal article,
custody or possession may, after giving notice of seven working days to the Chief etc.
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 Amendment of
section 43.
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 28. In section 48 of the principal Act, in clause (b), in sub-clause (ii), the words and
section 48.
figures "or Part II of Schedule II" shall be omitted.
Amendment of 29. In section 49A of the principal Act, the words and figures "or Part II of Schedule II"
section 49A.
at both the places where they occur, shall be omitted.
Insertion of 30. After Chapter VA of the principal Act, the following Chapter shall be inserted,
new Chapter namely:—
VB.
'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
Definitions. 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;
(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 Designation of
Management
not below the rank of an Additional Director General of Forests as the
Authority.
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 Designation of
more institutes engaged in research on species as Scientific Authority for the Scientific
Authority.
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
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.
Directions of 49G. The Management Authority and the Scientific Authorities, shall, while
Central performing their duties and exercising powers under this Chapter, be subject to
Government.
such general or special directions, as the Central Government may, from time to
time, give.
Interna tional 49H. (1) No person shall engage in trade of scheduled specimens except
trade in as provided for under this Chapter.
scheduled
specimen and (2) The Central Government shall prescribe the conditions and procedures
restriction in
by which the exemptions contained in Article VII of the Convention may be
respect
thereof. 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.
Conditions for 49-I. (1) The export of any specimen of species included in Appendices I
export of or II of Schedule IV shall require the prior grant and presentation of an export
scheduled
specimens. 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.
Conditions for 49J. (1) The import of any specimen of a species included in Appendix I of
import of Schedule IV shall require the prior grant and presentation of an import permit
scheduled
specimens. and either an export permit or a re-export certificate from the country of export.
(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 Conditions for
Appendices I or II of Schedule IV shall require the prior grant and presentation re-export of
scheduled
of a re-export certificate. specimens.
(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 Conditions for
introduction
in Appendices I or II of Schedule IV shall require the prior grant and presentation
from sea of
of a certificate of introduction from the sea. scheduled
specimens.
(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
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.
Possession, 49M. (1) Every person possessing a living specimen of an animal species
transfer and listed in Schedule IV shall report the details of such specimen or specimens in
breeding of
living his possession to the Management Authority or the authorised officer:
scheduled
animal Provided that the Central Government may exempt one or more specimens
species. 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.
Application 49N. (1) Every person who is engaged in breeding in captivity or artificially
for Licence by
breeders of
propagating any scheduled specimen listed in Appendix I of Schedule IV
Appendix I shall make, within a period of ninety days of the commencement of the Wild Life
species. (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.
49-O. (1) On receipt of application under sub-section (1) of section 49N, Licence of
the Chief Wild Life Warden shall, if— breeders of
Appendix I
(a) the application is in the prescribed form; species.
(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 Prohibition on
affixed upon the scheduled specimen or its package. alteration, etc.
49Q. (1) Every species or scheduled specimen, in respect of which any Species and
scheduled
offence against this Act or rules made thereunder has been committed, shall specimens to
become the property of the Central Government and the provisions of be
section 39 shall, without prejudice to the Customs Act, 1962, apply, mutatis Government
52 of 1962.
property.
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
52 of 1962. 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 Application of
provisions of
IV, then, the provisions of this Act applicable to such species listed in Schedule
Act in respect
I or II and the rules made thereunder shall apply. of species
listed in
(2) Nothing in sections 49M, 49N or 49-O shall apply to a species listed in Schedule I or
Schedule I or Schedule II if the same species is also listed in Scheduled IV. II and
Schedule 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.’.
Amendment 31. In section 50 of the principal Act, in sub-section (1),—

of section 50.
(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.
Amendment 32. In section 51 of the principal Act,—
of section 51.
(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.
Amendment of 33. In section 51A of the principal Act, the words and figures "or Part II of Schedule II"
section 51A. shall be omitted.
Amendment of 34. In section 54 of the principal Act, in sub-section (4), for the words "twenty-five
section 54.
thousand rupees", the words "five lakh rupees" shall be substituted.
Amendment of 35. In section 55 of the principal Act, after clause (ac), the following clause shall be
section 55.
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".
Amendment of 36. In section 57 of the principal Act,—
section 57.
(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.
Amendment of 37. In section 61 of the principal Act, for the word "add", the words "amend any
section 61.
Schedule or add" shall be substituted.

of section 62.
(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, Insertion of
namely:— new sections
62A and 62B.
"62A. (1) The Central Government may, by notification, regulate or prohibit the Regulation or
import, trade, possession or proliferation of invasive alien species which pose a threat prohibition of
import, etc.,
to the wild life or habitat in India.
of invasive
(2) The Central Government may authorise the Director or any other officer to alien species.
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 Power to issue
may call for any information or report from a State Government or any such other directions.
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),— Amendment
of section 63.
(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 Amendment
shall be substituted, namely:— of Schedules.
‘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
Striped Hyaena
Circus melanoleucos
Horsfield's Gliding Gecko Gekko horsfieldii

TURTLES & TORTOISES

Keeled box Turtle

SAWFISHES
PART F: ECHINODERMATA
Himalayan Relict
SCHEDULE - II
(See
BATS
Durga Das's Leaf-nosed Bat

Thick-billed Warbler
Lonchura kelaarti
Oriolus xanthornus
Tattler
Ephippiorhynchus asiaticus
Turdus pilaris
Trogon
Pond
Harpulina arausiaca
Silverspot
Zeuxine andamanica
Rucervus duvaucelii
Acerodon jubatus
Pteropus insularis
Terrapene coahuila
Chasmistes cuius
otter-
Bradypus pygmaeus
Tangara fastuosa
specimens
montecristoi, A. salvadorenis
Heosemys spinosa
Caecobarbus geertsii
Anacampseros spp. #4
Avonia spp. #4
Parts
————
DR. REETA VASISHTA,

Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
JAGANATHA Digitally signed by
JAGANATHAN ANANTHA
N ANANTHA KUMAR
Date: 2022.12.20 23:29:09
KUMAR +05'30'
MGIPMRND—2018GI(S3)—20-12-2022.

Wild Life (Protection) Amendment Act, 2022

Uploaded by

Copyright:

Available Formats

Wild Life (Protection) Amendment Act, 2022

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Wild Life (Protection) Amendment Act, 2022

Uploaded by

Copyright:

Available Formats

jft LVªhl a

ñ Mhñ, yñ—( , u) 04@

MINISTRY OF LAW AND JUSTICE

THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2022

Amendment of 3. In section 2 of the principal Act,—

(m) "specimen" means—

eligible for inclusion in Appendix I of the Convention, it shall advise the

(2) An import permit for a specimen of a species listed in Appendix I of

(2) A re-export certificate shall not be granted unless—

of Schedule IV, the Management Authority is satisfied that it will be so

(b) the resolutions of the Convention relating to breeding in captivity

Amendment 31. In section 50 of the principal Act, in sub-section (1),—

38. In section 62 of the principal Act,— Amendment

Sl. No. Common name Scientific name

1. Blackbuck Antilope cervicapra

6. Greater Hog Badger Arctonyx collaris

9. Andaman Horseshoe Bat Rhinolophus cognatus

Horsfield's Gliding Gecko Gekko horsfieldii

TURTLES & TORTOISES

Keeled box Turtle

Durga Das's Leaf-nosed Bat

DR. REETA VASISHTA,

You might also like