Every officer referred to in Chapter II and every other officer exercising any of the powers conferred by this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (45 of 1860.)
(1) No-suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which Is in good faith done or intended to be done under this Act.
(1) The Central Government may, if it is of opinion that It Is expedient so to do, by notification, add any entry to any Schedule or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another.
(2) The State Government may, if it is of opinion that it is expedient so to do) by notification, transfer any entry from Schedule II, Schedule III, Schedule IV or Schedule V to Schedule I and may also transfer any entry from Part I of Schedule 11, or Schedule 111, Schedule IV or Schedule V, to any other Schedule.
(3) On the issue of a notification under sub-section (1) or, sub- section (2), the relevant Schedule shall be deemed to be altered accordingly,
provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration.
(4) If any alteration of any Schedule made by the State Government under sub-section (2) is repugnant to any alteration made therein by the Central Government under sub-section (1), then, the alteration made by the Central Government, whether made before or after the notification made by the State Government, shall prevail and the alteration made by the State Government shall, to the extent of the repugnancy, be void:
Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government,hall prevail in that State:
Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government.
Subject to the provisions of section 61, the State Government may, by notification, declare any wild animal other than those specified in Schedule I and Part II of Schedule II to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be deemed to have been included in Schedule V.
(1) The Central Government may, by notification, make rules for all or any of the following, namely:-
(a) The form in which declaration shall be made tinder sub-section (2) of section 44;
(aa) The matters to be prescribed under clause (b) of sub-section (4) of section 44;
(b) The terms and conditions which shall govern transactions referred to in clause (b) of section 48;
(c) Matters specified in subsection (2)of section 64 in so far as they relate to sanctuaries and National Parks declared by the Central Government.
(d) Any other matter which is required to be, or may be, prescribed.
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(1) The State Government may, by notification, make rules for carrying out the provisions of this Act in respect of matters which do not fall within the purview of section 63.
(2) In particular and without prejudice to the generality of the fore going power, such rules may provide for all or any of the following matters, namely:
(a) The term of office of the members of the Board referred to in clause (g) of sub-section (1) of section 6 and the manner of filling vacancies among them;
(b) Allowances referred to in sub-section (4) of section 6;
(c) The forms to be used for any application, certificate, claim, declaration, licence, permit, registration, return, or other document, made, granted, or submitted under the provisions of this Act and the fees, if any, therefor;
(d) The conditions subject to which any licence or permit may be granted under this Act;
(e) The particulars of the record of wild animals (captured or killed) to be kept and submitted by the licensee;
(f) Regulation of the possession, transfer and the sale of captive animals, meat, animal articles, trophies and uncured trophies;
(g) Regulation of taxidermy;
(h) Any other matter which has to be, or may be, prescribed under this Act.
Nothing in this Act shall affect the hunting rights conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands by notification of tile Andaman and Nicobar Administration, No. 40,/67/F, No. G635, Vol. III, dated the 28th April, 1967, published at pages 1 to 5 of the Extraordinary issue of the Andaman and Nicobar Gazette, dated the 28th April, 1967.
(1) As from the commencement of this Act, every other Act relating to any matter contained in this Act and in force in a State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed:
Provided that such repeal shall not,-
(i) Affect the previous operation of the Act so repealed, or anything duly done or suffered thereunder;
(ii) Affect any right, privilege, obligation or liability, acquired,accrued or incurred under the Act so repealed;
(iii) Affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
(iv) Affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and. Punishment may be imposed, as if the aforesaid Act had not been repealed.
(2) Notwithstanding such repeal,-
(a) Anything done or any action taken under the Act so repealed, (including any notification, order, certificate,notice or receipt issued, application made, or permit granted) which is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act as, if this Act were in force at the time such thing was done or action was taken, and shall continue to be in force, unless and until superseded by anything done or any action taken under this Act;
(b) Every licence granted under any Act so repealed and in force immediately before the commencement of this Act shall be deemed to have. been granted under the corresponding provisions of this Act and shall, subject to the provisions of this Act, continue to be in force for the unexpired portion. of the period for which such licence had been granted.
(3) For the removal of doubts, it is hereby declared that any sanctuary or National Park declared by a State Government under any Act repealed under sub-section (1) shall be deemed to be a sanctuary or National Park, as, the case may be, declared by the State Government under this Act and where any right in or over any land in any such National Park which had not been extinguished under the said Act, at or before the commencement of this Act, the extinguished of such rights shall be made in accordance with the provisions of this Act.
(4) For the removal of doubts, it is hereby further declared that where any proceeding under any provision of sections 19 to 25 (both inclusive) is pending on the date of commencement of the Wild Life (Protection) Amendment Act, 1991 any reserve forest or a part of territorial waters comprised within a sanctuary declared under section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section 26A.
Schedule 1. (See Section 2, 8, 9, 11, 40, 41, 43, 48, 51, 61 and 62).
1. Andaman Wild pig (Sus sorofa and-amanensis)
1A. Bharal (Ovis ahura)
1B. Binturong (Arotictis binturong)
2. Black Buck (Antelope cervicapra)
3. Brow-antlered deer or Thamin (Gervus oldi)
3A. Capped Langur (Presbytis pileatus)
4. Caracal (Felis caracal)
4A. Cetecean species
5. Cheetah (Acinonyx jubatus).
5A. Chinese Pangolin (Mainis pentadactyla)
5B. Chinkara or Indian Gazelle (Gazella gazella bennetti)
6. Clouded Leopard (Neofolis nebulosa)
6A. Crab eating Macaque (Macaca irus umbrosa).
6B. Desert Cat (Felis libyca).
7. Dugong (Dugong dugon)
8. Fishing Cat (Felis viverrina).
8A. Four Horned antelope Tetraceros quadricornis)
8B. Flying Squirrels (all species of the genus Hylopetes, Petaurista, Belomys & Eupetaurus)
9. Golden cat (Felis temmincki).
10. Golden Langur (Presbytis geei).
10A. Himalayan Ibex Capra ibex).
10B. Himalayan thar (Hemitragus jemlahicus).
11. Hispid hare Caprolaous hispidus).
11A. Hog badger (Arconyx collaris).
12. (Hoolock (Hylobates hoolook).
12A. Indian Elephant (Elophas maxinus).
13. Indian Lion (Panthera leo persica).
14. Indian Wild Ass (Equus homionus khur).
15. Indian Wolf (Canis lupas pallipes).
16. Kashmir Stag (Cervus olephus hanglu).
16A. Leaf Monkey (Presbytis phayrei).
16B. Leopard or Panther (Panthera pardus).
17. Leopard cat (Felis bengalensis).
18. Lesser or Red Panda (Ailurus fulgens).
19. Lion tailed macaque (Macaca silenus).
20. Loris (Loris tardigradus).
21. Lynx Felix lynx isabellinus).
22. Malabar Civet (Viverra megaspila).
22A. Malay or Sun beer (Melarocos Malay anus).
23. Marbled Cat Felis marmorata).
24. Markhor Capra falconeri).
24.A. Mouse Deer (Tragulus meminna).
25. Musk Deer (Moschus moschiferus).
25A. Niggiri Thar (Homitragus hylocrius).
26. Ovis Ammon or Nyan (Ovis ammon hodgsoni).
27. Pallass Cat (Felis manul).
28. Pangolin (Manis crassicaudata).
29. Pygmy hog (Sus salvanius).
29. Ratel (Mellivora capansis).
30. Rhinoceros (Rhinoceros unicornis).
31. Rusty Spotted Cat Felis rubiginosa).
31A. Serow (Capricornis sumatraensis).
31B. Sloth Dear (Melursus ursinus).]
Transfered as entry S. in Part II of Schedule II.
32. Slow Loris (Nycticebus coucang).
32A. Small Traven Goro Flying Squirrel (Petinomys puscocapillus).
33. Snow Leopard (Panthera uncia).
34. Spotted Linsang (Prionodon pardicolor).
35. Swamp Deer (All sub-species of Cervus duvauceli).
36. Takin or Mishmi Takin (Budoroas taxicolor).
36A. Tibetan Antelope or Chiru (Panthelops hodgsoni).
37. Titetan Gazelle (Procapra picticaudata).
38. Tibetan Wild Ass (Equus hemionus miang).
39. Tiger (Panthera tigris).
40. Urial or Shapu (Ovis vignei).
41. Wild Buffalo (Bubalus bubalis).
41A. Wild Yak (Bos grunnies).
PART II: AMPHIBIANS AND REPTILES
1. Agra Monitor Lizard (Varanus griseus Daudin).
1A. Barred, oval or Yellow Monitor Lizard (Varanus Plavescens).
1B. Crocodiles (Including the Estuarine or salt water crocodile Crocodilus porusus and Crocodilus palustris;
2. Charial (Gavialis gangeticus).
3. Gan ges soft-shellod turtle (Trionyx gangetious).
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