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.
(1) No suit, prosecution or other legal proceedings 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 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 II, or Schedule III, 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, shall prevail in the 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 under sub-section (2) of section 44;
(b) The terms and conditions which shall govern transactions referred to in clause (b) of section 48;
(c) Matters specified in sub-section (2) of section 64 in so far as they relate to sanctuaries and National Parks declared by the Central Government.
(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 cast 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 the 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 there under;
(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 still 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 sum 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 extinguishment of such rights shall be made in accordance with the provisions of this Act. Schedule I
(See sections 2, 8, 9, 11, 40, 41, 43, 48, 51, 61 and 62)
Part I : Mammals
1. Binturong (Arctictis binturong).
2. Black Duck (Antelope cervicapra).
3. Brow-antlered deer or Thamin (Cervus eldi).
4. Caracal (Felis caracal)
5. Cheetah (Acinonyx jubatus).
6. Clouded leopard (Neofelis nebulosa)
7. Dugong (Dugong dugon)
8. Fishing Cat (Felis viverrina).
9. Golden Cat (Felis temmincki).
10. Golden langur (Presbytis geei).
11. Hispid hare (Caprolagus hispidus).
12. Hoolock (Hylobates hoolock)
13. Indian lion (Panthera leo persica).
14. Indian Wild Ass (Equus hemionus khur).
15. Indian Wolf (Canis lupus).
16. Kashmir Stage (Cervus elaphus hanglu).
17. Leopard cat (Felis bengalensis).
18. Lesser or Red panda (Ailurus fulgens).
19. Lion-tailed macaque (Macaca silenus).
20. Loris (Loris tardigradus).
21. Lynx (Felis lynx isabellinus).
22. Malabar Civet (Viverra megaspila).
23. Marbled cat (Felis marmorata).
24. Markhor (Capra falconeri).
25. Musk deer (Moschus moschiferus).
26. Ovis Ammon or Nyan (Ovis ammon hodgsoni).
27. Pallas$s cat (Felis manul).
28. Pangolin (Manis crassicaudata).
29. Pygmy hog (Sus salvanius).
30. Rhinoceros (Rhinoceros unicornis).
31. Rusty spotted cat (Felis rubiginosa).
32. Slow Loris (Nycticebus coucang).
33. Snow leopard (Panthera uncia).
34. Spotted linsang (Prionodon pardicolor).
35. Swamp deer (all sub-species of Cervus duvauceli).
36. Takin or Mishmi Takin (Budorcas taxicolor)
37. Tibetan Gazelle (Procapra picticaudata).
38. Tibetan Wild Ass (Equus hemionus kiang).
39. Tiger (Panthera tigris).
40. Urial or Shapu (Ovis vignei).
41. Wild buffalo (Bubalus bubalis).
Part II: Amphibians and reptiles
1. Crocodiles (including the Estuarne or salt water crocodile) (Crocodilus porosus and Crocodilus palustris).
2. Gharial (Gavialis gangeticus).
Part III : Birds
1. Bazas (Aviceda jeordoni and Aviceda leuphotes).
2. Cheer Pheasant (Catreus wallichii).
3. Great Indian Bustard (Choriotis nigriceps).
4. Great Indian Hornbill (Buceros bicornis).
5. Jerdons Courser (Cursorius bitorquatus).
6. Lammergeier (Gypaetus barbatus).
7. Large Falcons (Falco peregrinus, Falco biarmicus and Falco chicquera).
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