Bill Nos. 160 of 2021, 159 of 2021 and 161 of 2021

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21 REGISTERED NO. DL—(N)04/0007/2003—21 सी.जी.-डीx.एxलx.G-अID.-0H7x0x12x022-232483 CG-DL-E-07012022-232483 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lña ubZ fnYyh] 'kqØokj] fnlEcj 17] 2021@vxzgk;.k 26] 1943 ¼'kd½ 31] No. 31] NEW DELHI, FRIDAY, DECEMBER 17, 2021/AGRAHAYANA 26, 1943 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bills were introduced in Lok Sabha on 17.12.2021:— BILL NO. 160 OF 2021 A Bill to provide for the constitution of the National Anti-Doping Agency for regulating anti-doping activities in sports and to give effect to the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport, and compliance of such other obligations and commitments thereunder and for matters connected therewith or incidental thereto. WHEREAS India is a signatory to the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport; AND WHEREAS India has ratified the said Convention on the 7th day of November, 2007; AND WHEREAS it is considered expedient to maintain highest standards of integrity while participating and preparing for sports competition domestically and internationally, to regulate anti-doping activities in sports and to meet obligations of India under the said Convention.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BE it enacted by the Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title and 1. (1) This Act may be called the National Anti-Doping Act, 2021. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Agency" means the National Anti-Doping Agency incorporated and constituted under sub-section (1) of section 14; (b) "Anti-Doping Rule Violation" means the circumstance, act or conduct specified in section 4 which constitutes violation of anti-doping rules as laid down under the Code; (c) "Appeal panel" means the National Anti-Doping Appeal panel constituted under section 12; (d) "athlete" means any person who competes in any sport at the national level or international level or participates in any competition or event to which this Act applies; (e) "athlete support personnel" means any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel or such other person working with or treating or assisting an athlete who is participating in, or preparing for, a competition or event at the national level or international level or to which this Act applies; (f) "Board" means the National Board for Anti-Doping in Sports established under sub-section (1) of section 7; (g) "Chairperson" means the Chairperson of the Board appointed under sub-section (2) of section 7; (h) "Code" means the World Anti-Doping Code adopted and amended from time to time by the World Anti-Doping Agency; (i) "competition" means a single race, match, game or singular contest; (j) "Convention" means the United Nations Educational, Scientific and Cultural Organisation International Convention against doping in sport; (k) "Director General" means the Director General appointed under sub-section (3) of section 14; (l) "Disciplinary Panel" means the National Anti-Doping Disciplinary Panel constituted under sub-section (1) of section 11; (m) "dope testing laboratory" means a laboratory established or recognised under section 26; (n) "doping Control" includes all steps and processes from test distribution planning up to the disposal of any appeal and enforcement of consequences, including all steps and processes in between, including but not limited to, testing, investigation, whereabouts, Therapeutic Use Exemptions, sample collection and handling, laboratory analysis, Results Management, hearings and appeals, and investigations or proceedings relating to an Anti-doping Rule Violation; (o) "doping in sport" means the occurrence of any Anti-Doping Rule Violations specified in section 4;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 (p) "event" means a series of individual competitions conducted together under anyone ruling body, such as Olympic Games, World Championships of an International Federation and such other event; (q) "In-competition Testing" means collection of sample for testing from an athlete who is participating in a competition where such collection is made at any time during the period commencing at 11:59 p.m. on the day before the competition in which such athlete is scheduled to participate till the end of such competition; (r) "international event" means an event or competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a major event organisation or another international sport organisation is the governing body for such event or appoints the technical officials for the event; (s) "International Federation" means the international governing body for a particular sport; (t) "Member" means a Member of the Board appointed under sub-section (2) of section 7 and includes the Chairperson thereof; (u) "national event" means a sport event or competition involving international level or national level athletes which is not an international event; (v) "National Sports Federation" means any recognised body governing a particular sport to which the Code is applicable; (w) "Other Anti-Doping Organisations" means organisations which are responsible for adopting anti-doping rules for initiating, implementing or enforcing any part of the doping control process and include the World Anti-Doping Agency, the International Olympic Committee, the International Paralympic Committee, other major event organisations that conduct testing at their events and International Federations, but does not include the Agency; (x) "Out-of-competition Testing" means sample collection during any period other than the period specified for in-competition testing; (y) "person" means a natural person or an organisation or other entity; (z) "prescribed" means prescribed by rules made under this Act; (za) "Prohibited List" means the list of prohibited substances and prohibited methods specified by the Agency by regulations; (zb) "prohibited method" means any method listed in the Prohibited List; (zc) "prohibited substance" means any substance listed in the Prohibited List; (zd) "regulations" means regulations made by the Board or the Agency, as the case may be; (ze) "sample" means any biological material collected from an athlete for the purpose of doping control under this Act; (zf) "Society" means the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, registered as a society under the Societies 21 of 1860. Registration Act, 1860 and functioning as such immediately before the commencement of this Act; (zg) "testing" means the parts of the doping control process involving test distribution planning, sample collection, sample handling, sample transport to the laboratory and testing of samples; (zh) "use" means the application, ingestion, injection or consumption by any means whatsoever of any prohibited substance or prohibited method;4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (zi) "World Anti-Doping Agency" means an international agency established on 10th November, 1999 in Switzerland which adopts and amends the Code for giving effect to anti-doping policies and international standards. CHAPTER II PROHIBITION OF DOPING IN SPORT AND ANTI-DOPING RULE VIOLATIONS Prohibition of 3. (1) No athlete, athlete support personnel or other persons shall indulge in doping in doping in sport. sport. (2) Every athlete, athlete support personnel or other persons shall ensure that there is no occurrence of any Anti-Doping Rule Violation as specified in section 4. (3) Every athlete shall participate in a sport competition at all levels with highest standards of integrity and ethics and in accordance with the provisions of this Act and the rules and regulations made thereunder. (4) Every athlete and athlete support personnel participating in a sport competition shall accept the anti-doping rules as a condition of such participation or involvement and be bound by the provisions of this Act and the rules and regulations made thereunder. (5) Every athlete, athlete support personnel and other persons shall be responsible for knowing what constitutes Anti-Doping Rule Violations and the restrictions on the use of prohibited substances and the prohibited methods which are included in the Prohibited List. Anti-Doping 4. Anyone or more of the following circumstances or acts conduct by an athlete or Rule athlete support personnel or other persons shall constitute Anti-Doping Rule Violation for Violations. the purposes of this Act, namely:— (a) the presence of a prohibited substance or its metabolites or markers in an athlete's sample; (b) use or attempted use of any prohibited substance or a prohibited method, unless such use is exempted by the Agency under section 5; (c) refusing or failing without compelling justification, to submit sample collection after notification as authorised in applicable anti-doping rules or otherwise evading sample collection; (d) whereabouts failure; Explanation.—For the purposes of this clause, the term "whereabouts failure" means— (i) filing failure, that is to say, the athlete has failed to submit his whereabouts information before the required deadline or to update the same after change in circumstances or if submitted on time, has submitted incomplete, inaccurate or insufficient information to locate him for testing; or (ii) missed test, that is to say, though the athlete has filed his whereabouts information, he is not available at the location for testing; or (iii) such other omissions or failures as may be specified by the Agency by regulations; (e) tampering, or attempting to tamper, with any part of doping control; (f) possession of prohibited substances or prohibited methods; (g) trafficking or attempted trafficking in any prohibited substance or prohibited method; (h) administration or attempted administration of a prohibited substance or prohibited method to any athlete or to an athlete out of competition;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 (i) assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of complicity involving an Anti-Doping Rule Violation or any attempted Anti-Doping Rule Violation or violation of the prohibition against participation during ineligibility or provisional suspension; (j) prohibited association with such athlete support personnel as may be specified by the Agency by regulations; (k) discouraging or retaliating against reporting to authorities; (l) such other circumstances, or engaging in such other acts or conduct, which amounts to Anti-Doping Rule Violation, as may be specified by the Agency by regulations. 5. (1) Where any substance or method is included in the Prohibited List and such Therapeutic prohibited substance or prohibited method is required for use by any athlete on the ground Use Exemptions. of medical conditions, such athlete may make an application to the Agency for granting Therapeutic Use Exemption in respect of such prohibited substance or prohibited method. (2) The Agency may consider the application received by it under sub-section (1) in such manner and after taking into consideration such criteria as may be specified by regulations. (3) The Agency shall, either grant or refuse to grant Therapeutic Use Exemptions in respect of the application received under sub-section (1), in such manner as may be specified by regulations. (4) Any person aggrieved by the decision of the Agency under sub-section (3) may prefer an appeal to the Appeal Panel. 6. (1) The consequences of Anti-Doping Rule Violations by an individual athlete or Consequences athlete support personnel may result in one or more of the following, namely:— of Anti- Doping Rule (a) disqualification of results with all consequences including forfeiture of Violations. medals, points and prizes, in such manner as may be specified by the Agency by regulations; (b) ineligibility to participate in any competition or event or other activity or funding, for such period and in such manner, as may be specified by the Agency by regulations; (c) provisional suspension from participating in any competition or activity prior to the decision in appeal under section 23 in such manner as may be specified by the Agency by regulations; (d) imposition of financial sanction including proportionate recovery of costs, in such manner as may be specified by the Agency by regulations; (e) such other consequences as may be specified by the Agency by regulations. (2) The consequences of Anti-Doping Rule Violations for team sports shall be such as may be specified by regulations. CHAPTER III NATIONAL BOARD FOR ANTI-DOPING IN SPORTS 7. (1) With effect from such date as the Central Government may, by notification in the Establishment Official Gazette, appoint in this behalf, there shall be established, for the purposes of this and constitution of Act, a Board to be called the National Board for Anti-Doping in Sports. National (2) The Board shall consist of a Chairperson and two Members to be appointed by the Board for Anti-Doping Central Government: in Sports. Provided that no person shall be appointed as the Chairperson or Member of the Board, or continue to hold such position, if such person is involved in the management or6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— operation of any International Federation, National Sports Federation, Major Event Organisation, National Olympic Committee, National Paralympic Committee or is in the Government department with responsibility for sport or anti-doping. (3) The Chairperson shall be a person of ability, integrity and standing who has knowledge and experience of not less than twenty years in the field of general administration, sport administration or is a retired eminent athlete. (4) A Member shall be a person of ability, integrity and standing who has knowledge and experience of not less than fifteen years in the field of general administration, medical sciences, law or is a retired eminent athlete. Explanation.—For the purposes of this sub-section, the term "eminent athlete" means a sportsperson who has been conferred with a national sports award or Padma award for his outstanding contribution to the development of national sports in terms of medals won in international events. (5) The term of office of the Chairperson and members shall be three years or till they attain the age of sixty-five years, whichever is earlier. (6) In the event of the occurrence of a vacancy in the office of the Chairperson or Member by reason of death, resignation or otherwise, or, when the Chairperson or Member is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may assign temporary charge of such office to any person who fulfils the requisite qualification and experience as provided in section 7, and such person shall discharge the functions of the Chairperson or Member, as the case may be, until a new Chairperson or Member, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office, or until the date on which the Chairperson or Member resumes the charge of his functions. (7) The Chairperson or a Member shall not accept, either during his term of office or for a period of one year from the date on which he ceases to hold office, any employment, in any capacity whatsoever, with any International Federation or National Sports Federation or with any organisation, body or entity whose matter has been dealt with, directly or indirectly, by such Chairperson or Member: Provided that nothing contained herein shall be construed as preventing such person from accepting an employment in a body or institution controlled or maintained by the Central Government or a State Government. (8) The Chairperson or a Member may— (a) relinquish his office by giving in writing to the Central Government, a notice of not less than three months; or (b) be removed from his office by the Central Government, if he— (i) has been adjudged an insolvent; or (ii) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (iii) has become physically or mentally incapable of acting as a Member;or (iv) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Member; or (v) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that no person shall be so removed from his office underSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 sub-clause (iv) or sub-clause (v) of clause (b), unless such person has been given a reasonable opportunity of being heard in the matter. (9) The salaries and allowances payable to, and other conditions of service of, the Chairperson and members shall be such as may be as prescribed. 8. (1) The Board shall meet at such times and places, and shall observe such procedure Meetings of with regard to the transaction of business at its meetings (including the quorum at such Board. meetings) as may be provided by regulations made by the Board. (2) Every decision of the Board shall, as far as possible, be on the basis of a simple majority. (3) No act or proceeding of the Board shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board; (b) any defect in the appointment of a person acting as a member of the Board; (c) any irregularity in the procedure of the Board not affecting the merits of the case. 9. (1) The Central Government shall provide the Board with such officers and employees Officers and as may be necessary for the efficient discharge of its functions under this Act. employees of Board. (2) The salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board shall be such as may be prescribed. 10. (1) Subject to the provisions of this Act, the Board shall be responsible for ensuring Powers and implementation of the provisions of the Convention and monitoring the compliance thereof. functions of Board. (2) The Board shall advise the Central Government and make recommendations relating to regulating anti-doping in sports and compliance with the Convention. (3) The Board shall oversee the activities of the Agency and may call for such information and reports from the Agency as may be required for ensuring compliance with the provisions of the Convention and the Code, including reports on— (a) the activities of Agency towards ensuring compliance with the anti-doping rules and standards laid down by the World Anti-Doping Agency; (b) matters of integrity and fair play in sports; (c) implementation of the notified or adopted anti-doping measures or policies; (d) strategic planning of its anti-doping activities for the forthcoming years; (e) any other matter which the Board may deem expedient for fulfilling the objective of eliminating doping in Sports. (4) The Board may issue such directions to the Agency as may be necessary for effective and timely implementation of the Convention and the Code. (5) The Board may call for such information from the Disciplinary Panel and the Appeal Panel on its operations and issue such directions, as may be necessary, for the effective and timely discharge of their functions with respect to Anti-Doping Rule Violations under this Act: Provided that such directions shall be limited to procedural efficiency of the Disciplinary Panel and the Appeal Panel and shall not, in any case, interfere with their decision making process. 11. (1) The Board shall, for the purpose of determining the consequences of Disciplinary Anti-Doping Rule Violations under this Act, constitute a National Anti-Doping Disciplinary Panel. Panel, in such manner as may be specified by regulations. (2) The Disciplinary Panel shall consist of— (a) a Chairperson, who is a legal expert, having not less than ten years of standing as legal practitioner;8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) four Vice-Chairpersons, who are legal experts, having not less than seven years of standing as legal practitioners; (c) five members, who are registered medical practitioners, having not less than five years of standing; (d) five members, who are sports administrators for not less than five years or retired eminent athletes. (3) The Chairperson, Vice-Chairperson and other members of the Disciplinary Panel shall be appointed by the Board for a term of two years, in such manner and subject to such conditions, as may be specified by regulations: Provided that each member shall be eligible for reappointment. (4) If a member of Disciplinary Panel dies or resigns, or is otherwise removed from the Panel by the Board on such grounds as may be specified by regulations, the Board may appoint a suitable person to fill such vacancy for the remainder of the term of the member in whose place such person is appointed. (5) For the purposes of hearing and determining consequences of Anti-Doping Rule Violations under this Act, a hearing panel of three members shall be formed by the Chairperson of the Disciplinary Panel or in his absence, by the Vice-Chairperson; and each such panel shall consist of the Chairperson or the Vice-Chairperson as its Chairperson, one member who is a medical practitioner and other member who is a sports administrator or retired eminent athlete. Appeal Panel. 12. (1) For the purposes of hearing of appeals under this Act, the Board shall constitute a National Anti-Doping Appeal Panel, in such manner as may be specified by regulations. (2) The Appeal Panel shall consist of— (a) a Chairperson, who is a retired Judge of a High Court; (b) a Vice-Chairperson, who is a legal expert, having not less than ten years of standing as legal practitioner; (c) two members, who are registered medical practitioners, having not less than ten years of standing; (d) two members, who are, or have been, retired eminent athletes or sports administrators for not less than ten years. (3) The Chairperson, Vice-Chairperson and other members of the Appeal Panel shall be appointed by the Board for a term of two years, in such manner and subject to such conditions, as may be specified by regulations: Provided that each member shall be eligible for reappointment. (4) If a Panel member dies or resigns, or is otherwise removed from the Panel by the Board on such grounds as may be specified by regulations, the Board may appoint a suitable person to fill such vacancy for the remainder of the term of the member in whose place such person is appointed. (5) For the purposes of hearing of appeals under this Act, a panel of three members shall be formed by the Chairperson of the Appeal Panel or in his absence, by the Vice-Chairperson; and each such panel shall consist of the Chairperson or the Vice-Chairperson as its Chairperson, one member who is a medical practitioner and other member who is a sports administrator or retired eminent athlete. Annual 13. (1) The Board shall furnish to the Central Government an annual report containing report. such details of the steps taken, proposals made, researches undertaken and other measures undertaken by it in pursuance of its functions under section 10, in such form and manner as may be prescribed. (2) The Central Government shall cause the annual report furnished under sub-section (1) to be laid before each House of Parliament.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 CHAPTER IV NATIONAL ANTI-DOPING AGENCY 14. (1) The National Anti-Doping Agency, established as a society and functioning as Incorporation such, prior to the coming into force of this Act, is hereby constituted a body corporate by the of National Anti-Doping same name, and as such body corporate, it shall have perpetual succession and a common Agency. seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by that name, sue and be sued. (2) The Head Office of the Agency shall be at New Delhi. (3) The Agency shall be headed by an officer designated as the Director General to be appointed by the Central Government: Provided that the Director General appointed prior to the commencement of this Act and holding the office as such, shall be deemed to have been appointed as the Director General under this Act. (4) The Central Government shall, in consultation with the Board, determine the number, nature and categories of officers and other staff required to assist the Agency in the discharge of its function and provide the Agency with such officers and employees as it may deem fit. (5) The salaries and allowances payable to, and other terms and conditions of service of, the Director General, officers, and other staff of the Agency shall be such as may be prescribed. (6) The power to oversee the activities of the Agency shall vest in the Board. 15. (1) The Director General shall be appointed by the Central Government from amongst Director persons of integrity and outstanding ability possessing such qualifications and experience General. as may be prescribed. (2) The Director General shall hold office on full-time basis for a period of three years, which may be extended to such further period, as the Central Government deems fit. (3) The Director General shall be responsible for the execution of the powers and functions of the Agency specified in section 16. (4) The Board may assign such responsibilities to the Director General from time to time as it may deem expedient for fulfilling the objective of eliminating doping in sport. (5) In the event of the occurrence of a vacancy in the office of the Director General by reason of his death, resignation or otherwise, the Central Government may appoint any other person to discharge the functions of the Director General until a new Director General is appointed in accordance with the provisions of this Act to fill such vacancy. (6) When the Director General is unable to discharge his functions owing to absence, illness or any other cause, the Central Government may appoint any other person to act as the Director General until the date on which the Director General resumes the charge of his functions. (7) The Director General may relinquish his office by giving in writing to the Central Government a notice of not less than three months: Provided that such resignation shall be effective from the date when it is accepted by the Central Government. (8) The Central Government may remove the Director General at any time before the expiry of his term of office on the ground of proven misbehavior or incapacity or such other ground, after giving him a reasonable opportunity of showing cause against any such charge. (9) The Director General shall have administrative control over the officers and other staff of the Agency.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Powers and 16. (1) The Agency shall be responsible for adopting and implementing anti-doping functions of rules and policies which conform with the Code and for promoting, coordinating, and Agency. monitoring the doping control programme in sports to ensure dope-free sport in India. (2) The Agency shall have the primary responsibility to implement the provisions of this Act and may direct the collection of samples, manage test results and conduct results management at the national level. (3) Without prejudice to the generality of the foregoing provisions, the Agency shall perform the following functions, namely:— (a) the planning, coordination, implementation and monitoring of anti-doping activities, including effective testing and whereabouts management; (b) taking measures to prevent Anti-Doping Rule Violations; (c) undertaking anti-doping sensitisation and advocacy measures; (d) carrying out investigation and conducting results management of any Anti-Doping Rule Violations; (e) adopting and implementing anti-doping rules and policies which conform with the Code and the international standards and perform its functions in accordance with such rules and policies; (f) implementing the Convention in accordance with the Act; (g) enforcing anti-doping rules by exercising authority over athletes, athlete support personnel and other persons, including National Sports Federations and other sports organisations; (h) promoting anti-doping research; (i) coordinating and cooperating with the World Anti-Doping Agency, Other Anti-Doping Organisations, National Sports Federations and International Federations; (j) coordinate and collaborate with concerned authorities and stakeholders in matters relating to establishment of best practices in the marketing and distribution of nutritional supplements including information regarding their analytical composition and quality assurance; (k) facilitating sharing and free flow of information relating to the use of doping substances, doping practices or any Anti-Doping Rule Violation between sports bodies, officials conducting competition or event, Other Anti-Doping Organisations and the Agency; (l) establishing code of conduct for officers and employees of the Agency and for such other persons or agencies engaged by the Agency; (m) establishing standards for the manufacturing of nutritional supplements for sport in India; (n) undertaking any other activity specified by regulations by the Board that may be expedient for fulfilling the objective of eliminating doping in sport. (4) The Agency may make such regulations, as it deems necessary, for the effective discharge of its functions. Power to 17. The Agency may constitute such committees, as it deems fit, for the discharge of constitute its function under this Act, including Therapeutic Exemption Committee, Investigation committees. Committee, Sample Collection and Testing Committee, Result Management Committee, Education Committee and Sanction Committee, in such manner as may be specified by regulations.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 18. (1) Where the Agency considers it necessary so to do, it may constitute one or Constitution more investigation teams, consisting of such officers or such persons, as it thinks necessary, of investigation for the purposes of carrying out its functions under this Act. teams and engagement of (2) The Agency may engage such number of experts and professionals, having such experts and qualifications and experience, and in such manner, as may be specified by regulations, to professionals assist the Agency in the discharge of its functions under this Act. by Agency. CHAPTER V DOPING CONTROL PROCESS 19. (1) Where the Agency has reasons to believe that an athlete or athlete support Power of personnel or any other person to whom this Act applies has committed an Anti-Doping Rule entry, search and seizure. Violation, any person authorised by the Agency may, in accordance with the provisions of 2 of 1974. the Code of Criminal Procedure, 1973,— (a) enter any place, at all reasonable times, with such assistance as is considered necessary, for the purpose of inspecting, examining and determining if any Anti-Doping Rule Violation has been committed or is being committed; (b) search any premises in which the officer has reason to believe that any Anti-Doping Rule Violation has been, or is being, or is about to be, committed; (c) seize any equipment, device, substance, record, register, document or other material object, if such officer believes that it may furnish evidence of such Anti-Doping Rule Violation or that seizure is necessary to prevent or mitigate any Anti-Doping Rule Violation. (2) Save as otherwise provided in this Act, the procedure for investigation or taking any other action under this section shall be such as may be specified by regulations. 20. Where the Agency has reasons to believe that an athlete has committed an Power of Anti-Doping Rule Violation, it shall require such athlete to submit samples for testing, in collecting samples and accordance with such procedure and in such manner, as may be specified by regulations. testing. 21. (1) After receiving an adverse report from a dope testing laboratory showing Result presence of any prohibited substance in the sample of an athlete, the Agency shall carry out management process. initial examination of the report in such manner as may be specified by regulations, and verify if Therapeutic Use Exemption has been granted to such athlete in respect of such substance. (2) Where, after examination and verification under sub-section (1), the Agency is satisfied that no Therapeutic Use Exemption has been granted to the athlete, it shall take such actions and in such manner as may be specified by regulations. 22. (1) After the issuance of a notice by the Agency to the athlete or other person Hearing by asserting the commission of Anti-Doping Rule Violation under this Act, if such athlete or the Disciplinary Panel and other person does not waive his right of hearing in the manner specified by regulations, the determination Agency shall refer such matter to the Disciplinary Panel for hearing and determination of of consequences of such Anti-Doping Rule Violation. consequences thereof. (2) The Disciplinary Panel shall hear and determine all issues arising from any matter which is referred to it, and determine the consequences of Anti-Doping Rule Violations. (3) Every party shall have a right to be represented, and to have an interpreter, at their own cost. (4) The Disciplinary Panel shall have power, at its own discretion, to appoint an expert to assist or advice it on such matters as it may require. (5) Subject to such regulations as may be made by the Board, the Disciplinary Panel shall have power to regulate its own procedure.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (6) Each party to the proceedings shall have right to present the evidence, including the right to call and question witnesses, subject to the discretion of the Disciplinary Panel. (7) The parties to the proceedings may submit written submissions with all documents relied upon, in such manner and within such time, as may be specified by regulations. (8) The Disciplinary Panel shall after hearing all parties and after considering all evidence placed before it, by an order in writing made unanimously or by majority, determine the consequences of Anti-Doping Rule Violations in accordance with the provisions of section 6 and the regulations made thereunder. (9) The decision of the Disciplinary Panel shall be communicated in such manner, as may be specified by regulations. Hearing of 23. (1) Any person who is aggrieved by any decision under this Act, including— appeal by Appeal Panel. (a) a refusal to grant Therapeutic Use Exemption under section 5; or (b) imposition of consequences for an Anti-Doping Rule Violation under section 6; (c) such other decision as may be specified by regulations, may prefer an appeal to the Appeal Panel in such form, within such time, and in such manner, as may be specified by regulations. (2) Subject to such regulations as may be made by the Board, the Appeal Panel shall have power to regulate its own procedures. (3) The Appeal Panel shall have power, at its own discretion, to appoint an expert to assist or advice it on such matters as it may require. (4) Every party shall have a right to be represented, and to have an interpreter, at their own cost. (5) Each party to the proceedings shall have right to present relevant evidence, to call and examine witnesses and to submit written and oral submissions. (6) The Appeal Panel shall complete hearing as expeditiously as possible, and endeavour shall be made to dispose of such appeal within three months of the date of order of the Disciplinary Panel. (7) The Appeal Panel shall, after hearing all parties and considering all evidences placed before it, by an order in writing, made unanimously or by majority, either confirm or vary or set aside the order of the Disciplinary Panel. (8) The decision of the Appeal Panel shall be communicated to the parties concerned, in such manner, as may be specified by regulations. (9) Any person who is aggrieved by the decision of the Appeal Panel may prefer an appeal to the Court of Arbitration for Sport, in accordance with such rules as may be provided by the Court of Arbitration for Sport and the Code. Explanation.—For the purposes of this sub-section, "Court of Arbitration for Sport" means an international body established in 1984 to settle disputes related to sport through arbitration whose headquarter is in Lausanne, Switzerland. CHAPTER VI FINANCE, ACCOUNTS, AUDIT AND REPORTS Grants by 24. The Central Government may, after due appropriation made by Parliament by Central law in this behalf, grant such sums of money as the Central Government may think fit for Government. being utilised for the purposes of this Act and to comply with its commitments under the Convention, and such funds shall be utilised to meet all the expenses incurred on administrative and operational requirements of the Board, the Agency and the NationalSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 Dope Testing Laboratory established under sub-section (1), or under clause (b) of sub-section (2), of section 26 (hereafter in this Chapter referred to as the concerned bodies), in such manner as may be specified by regulations. 25. (1) The concerned bodies shall maintain proper accounts and other relevant records Accounts and and prepare an annual statement of accounts in such form as may be prescribed by the audit. Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the concerned bodies shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the concerned bodies to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the concerned bodies shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the concerned bodies. (4) The accounts of the concerned bodies as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the concerned bodies and the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. CHAPTER VII MISCELLANEOUS 26. (1) The National Dope Testing Laboratory, established and functioning as such Dope testing prior to the commencement of this Act shall be deemed to be the principal dope testing laboratories. laboratory established under this Act and shall continue to function for the purposes of this Act in such manner as may be prescribed. (2) The Central Government may,— (a) recognise one or more laboratories or institutes located within India as dope testing laboratories to carry out the functions entrusted to a dope testing laboratory under this Act or the rules and regulations made thereunder; (b) establish one or more National Dope Testing Laboratories, including laboratories for undertaking research in anti-doping science and related fields: Provided that every dope testing laboratory recognised or established under this section may, if required, obtain the accreditation of the World Anti-Doping Agency or of such other accrediting bodies, and shall maintain the requisite accreditations as a condition for continuation as a dope testing laboratory under this Act. (3) Every National Dope Testing Laboratory and other dope testing laboratories established or recognised under this section shall have the authority to— (i) test the sample for any sports federation or sports event not recognised by the International Olympic Committee or the Central Government; (ii) undertake sample analysis of sports other than any national or international event; (iii) undertake any other tests or samples analysis as may be prescribed. (4) The Central Government may make rules to provide for— (a) the qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory;14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) the salaries and allowances payable to, and other conditions of service of, the technical and non-technical staff of the National Dope Testing Laboratory; (c) the standards for establishment, recognition, maintenance and operation of a dope testing laboratory and the manner of granting recognition to such dope testing laboratory; (d) the functions of the dope testing laboratory, the procedure for submission to the said laboratory of samples for analysis or tests and other standard operative procedures. Data of 27. (1) The Agency shall have the power to collect, use and process the following athletes and personal data for the purposes of implementation the objectives of the Act and in accordance maintenance with applicable data privacy regulations, including the International Standard for the Protection of database. of Privacy and Personal Information, namely:— (a) sex or gender of the athlete; (b) list of Anti-Doping Violations committed by an athlete under the Act and the details of such violation; (c) medical history of the athlete; (d) whereabouts information of the athlete; (e) any other personal data as may be specified by regulations. (2) The Agency may make regulations to govern the procedure for collection, usage, processing and disclosure of the personal data specified in sub-section (1). (3) The Agency shall establish and maintain a database to record all the sanctions awarded by the Agency, the Disciplinary Panel and the Appeal Panel and such other details of the sanctions, in such manner, as may be specified by regulations. (4) The Agency shall publicly disclose the disposition of the anti-doping matter, including the sport, the anti-doping rule violated, the name of the athlete or other person committing the Anti-Doting Rule Violation, the prohibited substance or prohibited method involved (if any) and the consequences imposed, in accordance with such procedure as may be specified by regulations. Application of 28. (1) The provisions of this Act and the rules and regulations made thereunder shall Act, rules and apply to such other athletes or sport bodies, or to competition or event at such other level, regulations to as the Central Government may, by notification in the Official Gazette, specify. others athletes and sports (2) Every person to whom this Act is made applicable under sub-section (1), shall be bodies, etc. bound by, and have the obligation to comply with, the provisions of this Act and the rules and regulations made thereunder. Power to 29. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for all or any of the following matters, namely:— (a) the salaries and allowances payable to, and other conditions of service of, the Chairperson and Members of the Board under sub-section (9) of section 7; (b) the salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board under sub-section (2) of section 9; (c) the form and the manner in which an annual report shall be furnished under sub-section (1) of section 13; (d) the salaries and allowances payable to and other conditions of service of, the Director General, officers and other staff of the Agency under sub-section (5) of section 14;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 (e) the qualifications and experience for appointment as Director General under sub-section (1) of section 15; (f) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 25; (g) the manner in which the National Dope Testing Laboratory shall be carry out its functions, under sub-section (1) of section 26; (h) the manner of undertaking other tests or samples analysis under clause (iii) of sub-section (3) of section 26; (i) the qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory, under clause (a) of sub-section (4) of section 26; (j) the salaries and allowances payable to and other conditions of service of the technical and non-technical staff of the National Dope Testing Laboratory, under clause (b) of sub-section (4) of section 26; (k) the standards for establishment, recognition, maintenance and operation of dope testing laboratories and the manner of granting recognition to such laboratories, under clause (c) of sub-section (4) of section 26; (l) the functions of the dope testing laboratory and the procedure for the submission to the said laboratory of samples for analysis or tests, under clause (d) of sub-section (4) of section 26; (m) any other matter which has to be, or may be, prescribed, for fulfilling obligations of the country under the Convention. 30. (1) The Board may, by notification in the Official Gazette, make regulations, not Power to make inconsistent with the provisions of this Act, for all or any of the following matters, namely:— regulations by Board. (a) the times and places for meetings and the procedure for transaction of business at meetings of the Board (including the quorum), under sub-section (1) of section 8; (b) the manner of constituting a Disciplinary Panel under sub-section (1) of section 11; (c) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Disciplinary Panel and the conditions subject to which such appointments shall be made under sub-section (3) of section 11; (d) the grounds on which a member of Disciplinary Panel may be removed under sub-section (4) of section 11; (e) the manner of constituting an Appeal Panel under sub-section (1) of section 12; (f) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Appeal Panel and the conditions subject to which such appointments shall be made under sub-section (3) of section 12; (g) the grounds on which a member of Appeal Panel may be removed under sub-section (4) of section 12; (h) the other activities to be undertaken by the Agency for eliminating doping in sport under clause (n) of sub-section (3) of section 16; (i) the procedure to be followed by the Disciplinary Panel under sub-section (5) of section 22; (j) the manner in which, and the time within which, written submissions may be submitted under sub-section (7) of section 22;16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (k) the manner of communicating the decision of the Disciplinary Panel under sub-section (9) of section 22; (l) the other decisions against which appeal may be filed, and the form and manner in which and the time within which appeal may be filed, under sub-section (1) of section 23; (m) the procedure to be followed by the Appeal Panel under sub-section (2) of section 23; (n) the manner of communicating the decision of the Appeal Panel under sub-section (8) of section 23; (o) the manner in which the funds may be utilised by the Board and the Agency under section 24; (p) any other matter which has to be, or may be, specified by regulations, for giving effect to the provisions of this Act or for fulfilling obligations under the Convention, except on matters for which the Agency has power to make regulations under section 31. Power to 31. (1) The Agency may for giving effect to the Code and for complying with the make requirements of the international standards, make regulations on the following matters:— regulations by Agency. (a) the procedure, methods and standards for testing and analysis and sample collection based on the Code and the international standard for testing and investigation as issued by the World Anti-Doping Agency; (b) the procedure and standards for collection, storage and retention of samples and results management in relation to samples; (c) the procedure for investigation and determination of Anti-Doping Rule Violations and imposition of sanctions for an Anti-Doping Rule Violation; (d) the procedures for negative analytical findings and adverse analytical findings, and principles governing the provisional suspension of an athlete or other person alleged to have committed an Anti-Doping Rule Violation; (e) the procedures, methods and standards for assessing and granting Therapeutic Use Exemptions; (f) the procedure for re-entry of a banned athlete; (g) the procedure to be followed for in-competition testing of athletes, methodology for testing and any matters pertaining to in-competition testing of athletes; (h) the procedure for qualifying athletes for out-of-competition testing and procedure for undertaking out-of-competition testing of athletes, collection of whereabouts data of such athletes and any matters pertaining to out-of-competition testing of athletes; (i) the measures for promotion of research and advocacy in relation to sports doping and testing and methods for sensitising athletes, athlete support personnel, other persons and other concerned stakeholders in relation to the ills of doping; (j) the manner of implementing anti-doping control activities and anti-doping education, training and sensitisation programmes to provide updated and accurate information on the harm of doping to the ethical values of sport and the health consequences of doping; (k) the procedure for search and seizure of premises, collection of samples, and collection of information and whereabouts data, and consequences for wilful delay, obstruction, destruction or provision of false information by any person in relation to any exercise of power by an empowered person under this Act;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 (l) the manner of taking measures for eradicating doping in sports; (m) the manner in which the sports bodies, officials conducting competition or event and other Anti-Doping Organisations may share information relating to the use of doping substances, doping practices or any Anti-Doping Rule Violation with the Agency; (n) the manner in which the recommendations made by the Board may be considered by the Agency. (2) In particular, and without prejudice to the generality of the foregoing power, the Agency may make regulations, for giving effect to the provisions of the Act, on all or any of the following matters:— (a) the prohibited substances and prohibited methods in the Prohibited List under clause (za) of section 2; (b) the other omissions or failures under clause (iii) of the Explanation to clause (d) of section 4; (c) the prohibited association with athlete support personnel under clause (j) of section 4; (d) the other circumstances, or engaging in other acts or conduct, which amounts to Anti-Doping Rule Violation, under clause (l) of section 4; (e) the manner of considering the application and the criteria to be taken into consideration under sub-section (2) of section 5; (f) the manner of granting or refusing to grant Therapeutic Use Exemptions under sub-section (3) of section 5; (g) the manner of imposing disqualification of results under clause (a) of sub-section (1) of section 6; (h) the manner of imposing ineligibility to participate in any competition or event or other activity or funding, and the period of such ineligibility, under clause (b) of sub-section (1) of section 6; (i) the manner of imposing provisional suspension from participating in any competition or activity under clause (c) of sub-section (1) of section 6; (j) the manner of imposing financial sanction including proportionate recovery of costs under clause (d) of sub-section (1) of section 6; (k) other consequences under clause (e) of sub-section (1) of section 6; (l) the consequences of Anti-Doping Rule Violations for team sports under sub-section (2) of section 6; (m) the code of conduct for officers and employees of the Agency and for such other persons or agencies engaged by the Agency, under clause (l) of sub-section (3) of section 16; (n) the effective discharge of functions of the Agency under sub-section (4) of section 16; (o) the manner of constituting committees under section 17; (p) the number of experts and professionals to be engaged by the Agency, the qualifications and experience to be possessed by them, and the manner in which they may be engaged, under sub-section (2) of section 18; (q) the procedure for investigation or taking any other action, under sub-section (2) of section 19;18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (r) the procedure and the manner for submitting samples for testing under section 20; (s) the manner of carrying out the initial examination of the report of a dope testing laboratory under sub-section (1) of section 21; (t) the actions to be taken, and the manner in which such actions may be taken, under sub-section (2) of section 21; (u) the manner of waiving right of hearing under sub-section (1) of section 22; (v) other personal data under clause (e) of sub-section (1) of section 27; (w) the procedure for collection, usage, processing and disclosure of the personal data under sub-section (2) of section 27; (x) the other details of the sanctions, and the manner of establishing and maintaining a database under sub-section (3) of section 27; (y) the procedure for making public disclosure under sub-section (4) of section 27; (z) any other matter which has to be, or may be, specified by regulations, for giving effect to the Code and for complying with international standards. Rules and 32. Every rule and regulation made under this Act shall be laid, as soon as may be after regulations to it is made, before each House of Parliament, while it is in session for a total period of be laid before thirty days which may be comprised in one session or in two or more successive sessions, Parliament. 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 regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation. Power to 33. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order, published in the Official Gazette, make such provisions not difficulties. inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of five years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. Transitional 34. On and from the commencement of this Act,— provisions. (a) the Societies, namely, the National Anti-Doping Agency and the National Dope Testing Laboratory shall stand dissolved; (b) any reference to the Society in any contract or other instrument shall be deemed as a reference to the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act; (c) all properties, movable and immovable, of or belonging to the Society shall vest in the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act; (d) all the rights and liabilities of the Society shall be transferred to, and be the rights and liabilities of, the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, established under this Act; (e) every person employed by the Society, immediately before such commencement, shall hold office in the National Anti-Doping Agency or the NationalSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 Dope Testing Laboratory, as the case may be, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted, and shall continue to be so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by any regulations made under this Act: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment, to him by the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees; (f) if there are any pending proceedings, including any disciplinary, arbitration, appeal or other legal proceedings, of whatever nature, by or against the Society, the same shall not get abated or discontinued by reason of the incorporation of the Society under this Act, but such proceedings may be continued or enforced by or against the National Anti-Doping Agency or the National Dope Testing Laboratory, as the case may be, in the same manner and to the same extent as it would or may have been continued or enforced by or against the society, if this Act had not been enacted; (g) any rules and regulations made prior to such commencement, shall, in so far as they are consistent with the provisions of this Act, continue to be applicable till new rules and regulations are made under this Act.20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Government of India was one of the Members of Foundation Board of the World Anti-Doping Agency from 1999 to 2002. It has signed the United Nations Educational, Scientific and Cultural Organisation International Convention against Doping in Sport in 2005 and ratified it in November 2007. Pursuant to the ratification of the said Convention, the Government of India has established the National Dope Testing Laboratory in 2008 and the National Anti-Doping Agency in 2009 to fulfil the commitments of India thereunder. The said Convention aims to promote the prevention of, and the fight against, doping in sport for its elimination. To achieve the objectives of the Convention, each State Party undertakes to adopt appropriate measures that may include legislation, regulation, policies or administrative practices and to commit themselves to the principles of the World Anti-Doping Code as the basis for the measures provided in the said Convention. 2. It is intended to provide a statutory framework for the operation of the National Anti-Doping Agency, the National Dope Testing Laboratory and other dope testing laboratories and for creation of a National Board for Anti-Doping in Sports to strengthen anti-doping activities in sport, and to comply with the provisions of the said Convention. 3. The National Anti-Doping Bill, 2021, inter alia, seeks to— (i) establish a National Board for Anti-Doping in Sport and provides for its composition, powers and functions; (ii) establish the National Anti-Doping Agency to be headed by a Director General, and provides for the powers and functions of the said Agency, including the powers of investigation, levying sanctions for Anti-Doping Rule Violations, the disciplinary procedures to be adopted and the powers of inspection, sample collection and sharing and free flow of information; (iii) establish National Dope Testing Laboratory and other dope testing laboratories; (iv) strengthen the framework and mechanisms for carrying out the doping control programme in sports to ensure dope-free sport in India. 4. The Bill seeks to achieve the above objectives. NEW DELHI; ANURAG SINGH THAKUR. The 10th December, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 FINANCIAL MEMORANDUM Sub-clause (1) of clause 7 of the Bill provides for the establishment of a National Board for Anti-Doping in Sports and sub-clause (9) thereof provides for the salaries and allowances payable to, and other conditions of service of, the Chairperson and Members of the Board. Sub-clause (2) of clause 9 of the Bill provides for the salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board. Sub-clause (1) of clause 11 of the Bill provides for the constitution of a National Anti-Doping Disciplinary Panel consisting of a Chairperson, four Vice-Chairpersons and ten members. Sub-clause (1) of clause 12 of the Bill provides for constitution of a National Anti-Doping Appeal Panel consisting of a Chairperson, a Vice-Chairperson and four members. Sub-clause (1) of clause 14 of the Bill provides for establishment of National Anti-Doping Agency and for appointment of a Director General. Sub-clause (5) thereof provides for the salaries and allowances payable to, and other conditions of service of, the Director General, officers, and other staff of the Agency. Sub-clause (1) of clause 18 of the Bill provides for the constitution of one or more investigation teams, consisting of such officers or such persons, as the Agency deems necessary. Sub-clause (2) thereof provides for the engagement by the Agency of such number of experts and professionals, having such qualifications and experience, and in such manner, as may be specified by regulations, to assist the Agency in the discharge of its functions. Clause 24 of the Bill provides for the grants by the Central Government to comply with its commitments under the Convention, and the utilization of such funds to meet all the expenses incurred on administrative and operational requirements of the Board, the Agency and the National Dope Testing Laboratory. Sub-clause (1) of clause 26 of the Bill provides for incorporation of National Dope Testing Laboratory. Item (b) of sub-clause (2) of said clause provides for establishing one or more National Dope Testing Laboratories, including laboratories for undertaking research in anti-doping science and related fields. Annual financial implication of `50 crore of recurring nature is envisaged towards expansion of scope of activities of the Agency, National Dope Testing Laboratories and for the creation of the Board. The Bill does not involve any other expenditure of recurring or non-recurring nature from the Consolidated Fund of India.22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 29 of the Bill empowers the Central Government to make rules, inter alia, in respect of matters relating to—(a) the salaries and allowances payable to, and other conditions of service of, the Chairperson and Members of the Board; (b) the salaries and allowances payable to, and other conditions of service of, officers and other employees of the Board; (c) the form and the manner in which an annual report shall be furnished; (d) the salaries and allowances payable to and other conditions of service of, the Director General, officers, and other staff of the Agency; (e) the qualifications and experience for appointment as Director General; (f) the form in which annual statement of accounts shall be prepared; (g) the manner in which the National Dope Testing Laboratory shall be carry out its functions; (h) the qualifications and experience for appointment as technical and non-technical staff of the National Dope Testing Laboratory; (i) the salaries and allowances payable to and other conditions of service of the technical and non-technical staff of the National Dope Testing Laboratory; (j) the standards for establishment, recognition, maintenance and operation of dope testing laboratories and the manner of granting recognition to such laboratories; (k) the functions of the dope testing laboratory and the procedure for the submission to the said laboratory of samples for analysis or tests; (l) any other matter which has to be, or may be, prescribed, for fulfilling obligations of the country under the Convention. Clause 30 of the Bill empowers the Board to make regulations, inter alia, in respect of matters relating to— (a) the times and places for meetings and the procedure for transaction of business at meetings of the Board (including the quorum); (b) the manner of constituting a Disciplinary Panel; (c) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Disciliplinary Panel and the conditions subject to which such appoints shall be made; (d) the grounds on which a member of Disciplinary Panel may be removed; (e) the manner of constituting an Appeal Panel; (f) the manner of appointment of the Chairperson and Vice-Chairperson and other members of the Appeal Panel and the conditions subject to which such appointments shall be made; (g) the grounds on which a member of Appeal Panel may be removed; (h) the other activities to be undertaken by the Agency for eliminating doping in sport; (i) the procedure to be followed by the Disciplinary Panel; (j) the manner in which, and the time within which, written submissions may be submitted; (k) the manner of communicating the decision of the Disciplinary Panel; (l) the other decisions against which appeal may be filed, and the form and manner in which and the time within which appeal may be filed; (m) the procedure to the followed by the Appeal Panel; (n) the manner of communicating the decision of the Appeal Panel; (o) the manner in which the funds may be utilised by the Board and the Agency; (p) the manner of undertaking other tests or samples analysis; (q) any other matter which has to be, or may be, specified by regulations, for giving effect to the provisions of this Act or for fulfilling obligations under the Convention, except on matters for which the Agency has power to make regulations. Sub-clause (1) of clause 31 of the Bill empowers the Agency to make regulations for giving effect to the Code and the complying with the requirements of the international standards, inter alia, in respect of matters relating to—(a) the procedure, methods and standards for testing and analysis and sample collection based on the Code and the international standard for testing and investigation as issued by the World Anti-Doping Agency; (b) the procedure and standards for collection, storage and retention of samples and results management in relating to samples; (c) the procedure for investigation and determination of Anti-Doping Rule Violations and imposition of sanctions for an Anti-Doping Rule Violation; (d) the procedures for negative analytical findings and adverse analytical findings, and principles governing the provisional suspension of an athlete or other person alleged to have committed an Anti-Doping Rule Violation; (e) the procedures, methods and standards for assessing and granting Therapeutic Use Exemptions; (f) the procedure for re-entry of a banned athlete; (g) the procedure to be followed for in-competition testing of athletes, methodology for testing and any matters pertaining to in-competition testing of athletes; (h) the procedure for qualifying athletes for out-of-competition testing and procedure for undertaking out-of-competion testing of athletes, collection of whereabouts data of suchSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 athletes and any matters pertaining to out-of competition testing of athletes; (i) the measures for promotion of research and advocacy in relation to sports doping and testing and methods for sensitising athletes, athlete support personnel, other persons and other concerned stakeholders in relation to the ills of doping; (j) the manner of implementing anti-doping control activities and anti-doping education, training and sensitisation programmes to provide updated and accurate information on the harm of doping to the ethical values of sport and the health consequences of doping; (k) the procedure for search and seizure of premises, collection of samples, and collection of information and whereabouts data, and consequences for wilful delay, obstruction, destruction or provision of false information by any person in relation to any exercise of power by an empowered person under this Act; (l) the manner of taking measures for eradicating doping in sports; (m) the manner in which the sports bodies, officals conducting competition or event and Other Anti-Doping Organisations may share information relating to the use of doping substances, doping practices or any Anti-Doping Rule Violation with the Agency; (n) the manner in which the recommendations made by the Board may be considered by the Agency. Sub-clause (2) of clause 31 of the Bill empowers the Agency to make regulations, inter alia, in respect of matters relating to—(a) the prohibited substances and prohibited methods in the Prohibited List; (b) the other omissions or failures; (c) the prohibited association with athlete support personnel; (d) the other circumstances, or engaging in other acts or conduct, which amounts to Anti-Doping Rule Violation; (e) the manner of considering the application and the criteria to be taken into consideration; (f) the manner of granting or refusing to grant Therapeutic Use Exemptions; (g) the manner of imposing disqualification of results; (h) the manner of imposing ineligibility to participate in any competition or event or other activity or funding, and the period of such ineligibility; (i) the manner of imposing provisional suspension from participating in any competition or activity; (j) the manner of imposing financial sanction including proportionate recovery of costs; (k) other consequences; (l) the consequences of Anti-Doping Rule Violations for team sports; (m) the code of conduct for officers and employees of the Agency and for such other persons or agencies engaged by the Agency; (n) the effective discharge of functions of the Agency; (o) the manner of constituting committees; (p) the number of experts and professionals to be engaged by the Agency, the qualifications and experience to be possessed by them, and the manner in which they may be engaged; (q) the procedure for investigation or taking any other action; (r) the procedure and the manner for submitting samples for testing; (s) the manner of carrying out the initial examination of the report of a dope testing laboratory; (t) the actions to be taken, and the manner in which such actions may be taken; (u) the manner of waiving right to hearing; (v) other personal data; (w) the procedure for collection, usage, processing and disclosure of the personal data; (x) the other details of the sanctions, and the manner of establishing and maintaining a database; (y) the procedure for making public disclosure; (z) any other matter which as to be, or may be, specified by regulations, for giving effect to the Code and for complying with international standards. The matters in respect of which rules or regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. ————24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 159 OF 2021 A Bill further to amend the Wild Life (Protection) Act, 1972. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Wild Life (Protection) Amendment Act, 2021. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment of 2. In the preamble of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the 53 of 1972. preamble. principal Act), for the words "protection of wild animals, birds and plants", the words "conservation, protection and management of wild life" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 3. In section 2 of the principal Act,— Amendment of 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.'. 4. In section 5A of the principal Act, in sub-section (1), for clause (d), the following Amendment clause shall be substituted, namely:— of section 5A. "(d) Member, NITI Aayog in-charge of Environment, Forest and Climate Change;". 5. In section 5B of the principal Act, in sub-section (3), for the words "in proper Amendment discharge of functions assigned to it", the words "on such terms and conditions as may be of section 5B. prescribed for proper discharge of functions assigned to it under the Act'' shall be substituted. 6. After section 6 of the principal Act, the following section shall be inserted, Insertion of namely:— new section 6A. "6A. (1) The Board may constitute a Standing Committee for the purpose of Standing exercising such powers and performing such duties as may be delegated to it by the Committee of 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.26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (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.". Amendment 7. In section 9 of the principal Act, for the words and figures "Schedules I, II, III and of section 9. IV", the words and figures "Schedules I and II" shall be substituted. Amendment 8. In section 11 of the principal Act, in sub-section (1), in clause (b), the words and of section 11. figures ", Schedule III, or Schedule IV," shall be omitted. Amendment 9. In section 24 of the principal Act, in sub-section (2), in clause (b), for the words and of section 24. figures "Land Acquisition Act, 1894", the words and figures "Right to Fair Compensation 1 of 1894. and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" shall be 30 of 2013. substituted. Amendment 10. In section 25 of the principal Act, in sub-section (1),— of section 25. (a) in clause (a), for the words and figures "Land Acquisition Act, 1894", the 1 of 1894. words and figures "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" shall be substituted; 30 of 2013. (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 Acquisition, Rehabilitation and Resettlement Act, 2013.'. 30 of 2013. Amendment 11. In section 28 of the principal Act, in sub-section (1), in clause (b), after the word of section 28. "photography", the words "and film-making without making any change in the habitat or causing any adverse impact to the habitat or wild life" shall be inserted. Amendment 12. In section 29 of the principal Act,— 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, or the bona fide use of drinking and household water by local communities, shall not be deemed to be an act prohibited under this section.". Amendment 13. In section 33 of the principal Act,— of section 33. (a) after the words "manage and maintain all sanctuaries", the words, brackets and figures "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 Forest Rights) Act, 2006 is applicable, in 2 of 2007. accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned" shall be inserted;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 (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. 14. In section 34 of the principal Act, after sub-section (3), the following sub-section Amendment shall be inserted, namely:— of section 34. 54 of 1959. "(4) No renewal of any licence under the Arms Act, 1959, shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wild Life Warden or the authorised officer.". 15. In section 35 of the principal Act, in sub-section (8), for the words and figures Amendment "sections 27 and 28", the words, figures and letter "sections 18A, 27 and 28" shall be of section 35. substituted. 16. In section 36D of the principal Act, in sub-section (2),— Amendment of section (a) for the words "five representatives", the words "not less than five 36D. 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.". 17. In section 38 of the principal Act,— Amendment 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. 18. In section 38L of the principal Act, in sub-section (2), in clause (o), for the words Amendment "Inspector General of Forests or an officer of the equivalent rank", the words "an officer not of section 38L. 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.28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 20. In Chapter IVC of the principal Act, in the heading, for the words "TIGER AND of heading of OTHER ENDANGERED SPECIES", the words "WILD LIFE" shall be substituted. Chapter IVC. Amendment of 21. In section 38Y of the principal Act,— section 38Y. (a) in the marginal heading, for the words "Tiger and other Endangered Species", 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. Amendment of 22. In section 39 of the principal Act, after sub-section (3), the following sub-sections section 39. shall be inserted, namely:— "(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 where 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.". Amendment of 23. In section 40 of the principal Act, the words and figures "or Part II of Schedule II" section 40. wherever they occur shall be omitted. Amendment of 24. In section 40A of the principal Act, in sub-section (1), the words and figures "or section 40A. Part II of Schedule II" shall be omitted. Amendment of 25. In section 41 of the principal Act, in sub-section (1), in clause (b), the words and section 41. figures "and Part II of Schedule II" shall be omitted. Insertion of 26. After section 42 of the principal Act, the following section shall be inserted, new section namely:— 42A. Surrender of "42A. (1) Any person having a certificate of ownership in respect of any captive captive animal, animal article, trophy or uncured trophy, meat or ivory imported into India or an 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.". Amendment of 27. In section 43 of the principal Act, after sub-section (3), the following sub-section section 43. shall be inserted, namely:— "(4) This section shall not apply to the transfer or transport of any live elephant by a person having a certificate of ownership, where such person has obtained prior permission from the State Government on fulfilment of such conditions as may be prescribed by the Central Government.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29 28. In section 48 of the principal Act, in clause (b), in sub-clause (ii), the words and Amendment of figures "or Part II of Schedule II" shall be omitted. section 48. 29. In section 49A of the principal Act, the words and figures "or Part II of Schedule II" Amendment of at both the places where they occur, shall be omitted. section 49A. 30. After Chapter VA of the principal Act, the following Chapter shall be inserted, Insertion of namely:— new Chapter 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 49D. In this Chapter, unless the context otherwise requires,— Definitions. (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) "plant" means any member, alive or dead, of the plants listed in Schedule IV including seeds, roots and other parts thereof; (i) "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; (j) "re-export" means export of any specimen that has previously been imported; (k) "Scientific Authority" means a Scientific Authority designated under section 49F; (l) "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; (m) "species" means any species, sub-species, or geographically separate population thereof;30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (n) "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; (o) "trade" means export, re-export, import and introduction from the sea. Designation of 49E. (1) The Central Government shall, by notification, designate an officer 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. Designation of 49F. (1) The Central Government shall, by notification, designate one or Scientific more institutes engaged in research on species as Scientific Authority for the 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 becomeSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 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. 49G. The Management Authority and the Scientific Authorities, shall, while Directions of performing their duties and exercising powers under this Chapter, be subject to Central Government. such general or special directions, as the Central Government may, from time to time, give. 49H. (1) No person shall engage in trade of scheduled specimens except International as provided for under this Chapter. trade in scheduled (2) The Central Government shall prescribe the conditions and procedures specimen and restriction in by which the exemptions contained in Article VII of the Convention may be respect availed. thereof. (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. 49-I. (1) The export of any specimen of species included in Appendices I Conditions for or II of Schedule IV shall require the prior grant and presentation of an export export of scheduled permit. specimens. (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. 49J. (1) The import of any specimen of a species included in Appendix I of Conditions for Schedule IV shall require the prior grant and presentation of an import permit import of scheduled and either an export permit or a re-export certificate from the country of export. specimens.32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (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. Conditions for 49K. (1) The re-export of any specimen of species included in re-export of Appendices I or II of Schedule IV shall require the prior grant and presentation scheduled specimens. of a re-export certificate. (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 AppendixI of Schedule IV, the Management Authority is satisfied that an import permit has been granted. Conditions for 49L. (1) The introduction from the sea of a specimen of a species included introduction in Appendices I or II of Schedule IV shall require the prior grant and presentation from sea of scheduled of a certificate of introduction from the sea. 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 IISEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 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. 49M. (1) Every person possessing a living specimen of an animal species Possession, listed in Schedule IV shall report the details of such specimen or specimens in transfer and breeding of his possession to the Management Authority or the authorised officer: living scheduled Provided that the Central Government may exempt one or more specimens animal of any animal species included in Schedule IV from such declaration for such species. 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. 49N. (1) Every person who is engaged in breeding in captivity or artificially Application for propagating any scheduled specimen listed in Appendix I of Schedule IV registration by shall make, within a period of ninety days of the commencement of the Wild Life breeders of (Protection) Amendment Act, 2021, an application for registration to the Chief Appendix I species. 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 certificate of registration, the procedure to be followed in granting or cancelling the certificate of registration shall be such as may be prescribed by the Central Government.34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Registration 49-O. (1) On receipt of application under sub-section (1) of section 49N, of breeders of the Chief Wild Life Warden shall, if— Appendix I species. (a) the application is in the prescribed form; (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 certificate of registration. (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 registration as the case may be after providing the applicant with an opportunity of being heard. (3) The certificate of registration 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 registration 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. Prohibition on 49P. No person shall alter, deface, erase or remove a mark of identification alteration, etc. affixed upon the scheduled specimen or its package. Species and 49Q. (1) Every species or scheduled specimen, in respect of which any scheduled offence against this Act or rules made thereunder has been committed, shall specimens to be become the property of the Central Government and the provisions of Government section 39 shall, without prejudice to the Customs Act, 1962, apply, mutatis 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 seized under this Act or the Customs Act, 1962 or any other law for the time 52 of 1962. 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. Application of 49R. Where the same species is listed in Schedule I or II and Schedule IV, provisions of then, the provisions of this Act applicable to such species listed in Schedule I or Act in respect of species II and the rules made thereunder shall apply.'. listed in Schedule I or II and Schedule IV.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 31. In section 50 of the principal Act, in sub-section (1),— Amendment 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. 32. In section 51 of the principal Act,— Amendment 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. 33. In section 51A of the principal Act, the words and figures "or Part II of Schedule II" Amendment of section 51A. shall be omitted. 34. In the section 54 of the principal Act, in sub-section (4), for the words "twenty-five Amendment of section 54. thousand rupees", the words "five lakh rupees" shall be substituted. 35. In section 55 of the principal Act, after clause (ac), the following clause shall be Amendment of inserted, namely:— section 55. "(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". 36. In section 57 of the principal Act, after the words "derivate thereof" at both the Amendment of places where they occur, the words "or Scheduled specimen" shall be inserted. section 57. 37. In section 61 of the principal Act, for the word "add", the words "amend any Amendment of Schedule or add" shall be substituted. section 61. 38. In section 62 of the principal Act,— Amendment of section 62. (a) the words and figures "and Part II of Schedule II" shall be omitted; (b) the words and figure "and so long as such notification is in force, such wild animals shall be deemed to have been included in Schedule V" shall be omitted.36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Insertion of 39. After section 62 of the principal Act, the following sections shall be inserted, new sections namely:— 62A and 62B. Regulation or "62A. (1) The Central Government may, by notification, regulate or prohibit the prohibition of import, trade, possession or proliferation of invasive alien species which pose a threat import, etc., of invasive to the wild life or habitat in India. alien species. (2) The Central Government may authorise the Director or any other officer to seize and dispose of, including through destruction, the species referred to in the notification issued under sub-section (1). Power to issue 62B. Notwithstanding any other provision of this Act, the Central Government directions. may call for any information or report from a State Government or any such other 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.". Amendment 40. In section 63 of the principal Act, in sub-section (1),— of section 63. (a) after clause (ai), the following clause shall be inserted, namely:— "(aii) terms and conditions of the committee, sub-committees or study groups under sub-section (3) of section 5B;"; (b) after clause (gvi), the following clauses shall be inserted, namely:— "(gvii) the manner of disposal of Government property under sub-section (5) of section39; (gviii) the conditions for transfer or transport of live elephant under sub-section (4) of section 43;"; (c) 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 matters provided for in sub-sections (8) and (9) of section 49M; (jv) the form and manner of the application, the fee payable, the form of certificate of registration, and the procedure to be followed in granting or cancelling a certificate of registration as per sub-section (2) of section 49N; (jvi) the fee payable for renewal of certificates of registration as per sub-section (3), and manner of making appeal under sub-section (4), of section 49-O; (jvii) any other matter for proper implementation of the Convention as may be required under Chapter VB;". Amendment 41. For Schedules I, II, III, IV, V and VI to the principal Act, the following Schedules of Schedules. shall be substituted, namely:—SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 ‘SCHEDULE I (See sections 9, 11, 12, 38-I, 39, 40, 40A, 41, 42, 42A, 43, 48, 48A, 50, 51, 51A, 57 and Chapter V-A) PART A: MAMMALS Sl. No. Common Name Scientific Name 1. Asiatic Elephant Elephas maximus 2. Tiger Panthera tigris 3. Asiatic Lion Panthera leo persica 4. Snow Leopard Uncia uncia 5. Clouded Leopard Neofelisnebulosa 6. Leopard Panthera pardus 7. Cheetah Acinonyx jubatus 8. Desert Cat Felis silvestris 9. Leopard Cat Prionailurus bengalensis 10. Fishing Cat Prionailurusviverrinus 11. Asiatic Golden Cat Catopumatemminckii 12. Marbled Cat Pardofelis marmorata 13. Pallas's Cat Otocolobusmanul 14. Rusty Spotted Cat Prionailurusrubiginosus 15. Caracal Caracal caracal 16. Eurasian Lynx Lynx lynx 17. Indian/Greater One-horned Rhinoceros Rhinoceros unicornis 18. Red Panda Ailurus fulgens 19. Binturong Arctictis binturong 20. Indian Muntjac/Barking deer Muntiacus muntjac 21. Alpine Musk Deer Moschus chrysogaster 22. Hog Deer Axis porcinus 23. Indian Chevrotain/Mouse Deer Moschiola indica 24. Manipur Brow-antlered Deer/Thamin Rucervuseldiieldii 25. Northern Swamp Deer Rucervusduvauceliiduvaucelii 26. Central Swamp Deer Rucervusduvauceliibranderi 27. Eastern Swamp Deer Rucervusduvauceliiranjitsinhi 28. Kashmir Stag Cervus elaphus hanglu 29. Blackbuck Antilope cervicapra 30. Chinkara/Indian Gazelle Gazella bennettii 31. Tibetan Gazelle Procaprapicticaudata 32. Four-horned Antelope Tetracerus quadricornis 33. Tibetan Antelope Pantholopshodgsonii 34. Asiatic Black Bear Ursus thibetanus 35. Brown Bear Ursus arctos 36. Sun Bear Helaractosmalayanus 37. Sloth Bear Melursus ursinus 38. Western Hoolock Gibbon Hoolock hoolock 39. Eastern Hoolock Gibbon Hoolock leuconedys 40. Gray Slender Loris Loris lydekkerianus38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 41. Bengal Slow Loris Nycticebus bengalensis 42. Capped Langur Trachypithecuspileatus 43. Gee's Golden Langur Trachypithecusgeei 44. Nilgiri Langur Trachypithecusjohnii 45. Lion-Tailed Macaque Macaca silenus 46. Crab-eating Macaque Macaca fascicularisumbrosus 47. Northern Pig-tailed Macaque Macaca leonina 48. Stump-tailed macaque Macaca arctoides 49. Phayre's Leaf Monkey Trachypithecusphayrei 50. Indian Pangolin Manis crassicaudata 51. Chinese Pangolin Manis pentadactyla 52. Desert Fox Vulpes vulpespusilla 53. Himalayan Red Fox Vulpes vulpesmontana 54. Kashmir Red Fox Vulpes vulpesgriffithii 55. Tibetan Sand Fox Vulpes ferrilata 56. Indian Wolf Canis lupus pallipes 57. Tibetan Wolf Canis lupus chanco 58. Asiatic Wild Dog/Dhole Cuonalpinus 59. Gaur/Indian Bison Bos gaurus 60. Wild Yak Bos mutus 61. Wild Water Buffalo Bubalus arnee 62. Himalayan Tahr Hemitragusjemlahicus 63. NilgiriTahr Nilgiritragushylocrius 64. Himalayan Serow Capricornis thar 65. Siberian/Asiatic/Himalayan Ibex Capra sibirica 66. Markhor Capra falconeri 67. Takin Budorcastaxicolor 68. Himalayan Goral Nemorhaedus goral 69. Argali/Nayan/Great Tibetan Sheep Ovis ammonhodgsonii 70. Urial Ovis vignei 71. Indian Wild Ass Equus hemionus khur 72. Tibetan Wild Ass Equus kiang kiang 73. Himalayan Marmot Marmota himalayana 74. Long-tailed Marmot Marmota caudata 75. Asiatic Brush tailed Porcupine Atherurusmacrourus 76. Himalayan crestless Porcupine Hystrixbrachyura 77. Indian porcupine Hystrix indica 78. Spotted Linsang Prionodonpardicolor 79. Hispid Hare Caprolagushispidus 80. Hog Badger Arctonyxcollaris 81. Ratel/Honey Badger Mellivora capensis 82. Oriental Small-clawed Otter Aonyx cinerea 83. Eurasian Otter Lutralutra 84. Smooth-coated Otter Lutrogaleperspicillata 85. Pygmy Hog Porcula salvania 86. Hairy-footed Flying Squirrel Belomyspearsonii 87. Woolly Flying Squirrel Eupetaurus cinereus 88. Spotted Giant Flying Squirrel Petaurista elegansSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39 89. Hodgson's Giant Flying Squirrel Petauristamagnificus 90. Bhutan Giant Flying Squirrel Petaurista nobilis 91. Red Giant Flying Squirrel Petauristapetaurista 92. Indian Giant Flying Squirrel Petauristaphilippensis 93. Malabar/Indian Giant Squirrel Ratufa indica 94. Malayan Giant Squirrel Ratufabicolor 95. Grizzled Giant Squirrel Ratufa macroura 96. Travancore Flying Squirrel Petinomysfuscocapillus 97. Wroughton's Free tailed Bat Otomopswroughtoni 98. Salim Ali's Fruit Bat Latidenssalimalii 99. Dugong/Sea Cow Dugong dugon 100. Gangetic/South Asian River Dolphin Platanista gangetica 101. Long-beaked Common Dolphin Delphinus capensis 102. Short-beaked Saddleback Dolphin Delphinus delphis 103. Irrawady Dolphin Orcaellabrevirostris 104. Risso's Dolphin Grampus griseus 105. Fraser's Dolphin Lagenodelphishosei 106. Indo-Pacific hump-back Dolphin Sousa chinensis 107. Pantropical Spotted Dolphin Stenellaattenuata 108. Striped Dolphin Stenellacoeruleoalba 109. Pantropical Spinner Dolphin Stenellalongirostris 110. Rough-toothed Dolphin Steno bredanensis 111. Indo-Pacific Bottlenose Dolphin Tursiops aduncus 112. Common Minke Whale Balaenoptera acutorostrata 113. Sei Whale Balaenoptera borealis 114. Bryde's Whale Balaenoptera edeni 115. Blue Whale Balaenoptera musculus 116. Fin Whale Balaenoptera physalus 117. Humpback Whale Megaptera novaeangliae 118. Pygmy Killer Whale Feresaattenuata 119. Short-finned Pilot Whale Globicephala macrorhynchus 120. Killer Whale Orcinus orca 121. Melon-headed Whale Peponocephalaelectra 122. False Killer Whale Pseudorca crassidens 123. Sperm Whale/Cachalot Physeter macrocephalus 124. Pygmy Sperm Whale Kogiabreviceps 125. Dwarf Sperm Whale Kogia sima 126. Blainville's Beaked Whale Mesoplodon densirostris 127. Ginkgo-toothed Beaked Whale Mesoplodon ginkgodens 128. Cuvier's Beaked Whale Ziphiuscavirostris 129. Finless Porpoise Neophocaenaphocaenoides 130. Red Fox Vulpes vulpes 131. Malabar Large-spotted Civet Viverracivettina PART B: BIRDS Sl. No. Common Name Scientific Name 1. Indian Peafowl Pavocristatus 2. Green Peafowl Pavomuticus 3. Hume's Pheasant Syrmaticushumiae40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 4. Blood Pheasant Ithaginiscruentus 5. Cheer Pheasant Catreuswallichii 6. Grey Peacock-pheasant Polyplectronbicalcaratum 7. Himalayan Monal Lophophorusimpejanus 8. Sclater'sMonal Lophophorussclateri 9. Western Tragopan Tragopan melanocephalus 10. Blyth's Tragopan Tragopan blythii 11. Satyr Tragopan Tragopan satyra 12. Temmick's Tragopan Tragopan temmickii 13. Tibetan Eared-pheasant Crossoptilonharmani 14. Kalij Pheasant Lophuraleucomelanos 15. BugunLiocichla Liocichlabugunorum 16. Demoiselle Crane Grus virgo 17. Sarus Crane Antigone antigone 18. Common Crane Grus grus 19. Mountain Bamboo-partridge Bambusicolafytchii 20. Black Baza Avicedaleuphotes 21. Jerdon'sBaza Avicedajerdoni 22. Bengal Florican Houbaropsis bengalensis 23. Siberian Crane Grus leucogeranus 24. Black-necked Crane Grus nigricollis 25. Hooded Crane Grus monacha 26. Oriental Stork Ciconia boyciana 27. White-bellied Heron Ardea insignis 28. Forest Owlet Heteroglauxblewitti 29. Hodgson's Frogmouth Batrachostomushodgsoni 30. Sri Lanka Frogmouth Batrachostomusmoniliger 31. Great Indian Bustard Ardeotisnigriceps 32. Houbara Bustard Chlamydotisundulata 33. Great Hornbill Bucerosbicornis 34. Tickell's Brown Hornbill Anorrhinustickelli 35. Wreathed Hornbill Aceros undulatus 36. Rufous-necked Hornbill Acerosnipalensis 37. Oriental Pied Hornbill Anthracocerosalbirostris 38. Narcondam Hornbill Acerosnarcondami 39. Jerdon's Courser Rhinoptilusbitorquatus 40. Lesser Florican Sypheotides indicus 41. Himalayan Quail Ophrysiasuperciliosa 42. Nicobar Megapode Megapodius nicobariensis 43. Nicobar Pigeon Caloenasnicobarica 44. Grey Junglefowl Gallus sonnerati 45. Sunda Teal Anas gibberifrons 46. Fulvous Whistling-duck Dendrocygna bicolor 47. Pink-headed Duck Rhodonessacaryophyllacea 48. Tibetan Snowcock Tetraogallustibetanus 49. Eurasian Spoonbill Duck Platalealeucorodia 50. White-winged Duck CairinascutulataSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 51. Red-breasted Parakeet Psittaculaalexandri 52. Hill Myna Gracula religiosa 53. Derbyan Parakeet Psittaculaderbiana 54. White-bellied Sea-eagle Haliaetus leucogaster 55. Osprey Pandion haliaetus 56. Lammergeier Gypaetus barbatus 57. Lagger Falcon Falco jugger 58. Peregrine Falcon Falco peregrinus 59. Red-necked Merlin Falco chiquera 60. Saker Falcon Falco cherrug 61. Indian Vulture Gyps indicus 62. White-rumped Vulture Gyps bengalensis 63. Slender-billed Vulture Gyps tenuirostris 64. Bearded Vulture Gypaetus barbatus 65. Egyptian Vulture Neophron percnopterus 66. Red-headed Vulture Sarcogyps calvus 67. Himalayan Vulture Gyps himalayensis 68. Griffon Vulture Gyps fulvus 69. Cinereous Vulture Aegypiusmonachus 70. Crested Serpent Eagle Spilornischeela 71. Nicobar Serpent Eagle Spilornisklossi 72. Andaman Serpent Eagle Spilorniselgini 73. Short-toed Snake Eagle Circaetusgallicus 74. Mountain Hawk Eagle Nisaetusnipalensis 75. Changeable Hawk Eagle Nisaetuscirrhatus 76. Rufous-bellied Eagle Lophotriorchiskienerii 77. Black Eagle Ictinaetus malaiensis 78. Indian Spotted Eagle Clangahastata 79. Greater Spotted Eagle Clangaclanga 80. Tawny Eagle Aquila rapax 81. Steppe Eagle Aquila nipalensis 82. Eastern Imperial Eagle Aquila heliaca 83. Golden Eagle Aquila chrysaetos 84. Bonelli's Eagle Aquila fasciata 85. Booted Eagle Hieraaetuspennatus 86. Pallas's Fish Eagle Haliaeetus leucoryphus 87. White-tailed Sea Eagle Haliaeetus albicilla 88. Lesser Fish Eagle Icthyophaga humilis 89. Grey-headed Fish Eagle Icthyophagaichthyaetus 90. Besra Accipiter virgatus 91. Brahminy Kite Haliasturindus 92. Northern Goshawk Accipiter gentilis 93. Red Kite Milvus milvus 94. Black Kite Milvus migrans 95. White-eyed Buzzard Butasturteesa 96. Grey-faced Buzzard Butastur indicus 97. Common Buzzard Buteo buteo 98. Himalayan Buzzard Buteo refectus42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 99. Long-legged Buzzard Buteo rufinus 100. Upland Buzzard Buteo hemilasius 101. Western Marsh Harrier Circus aeruginosus 102. Eastern Marsh Harrier Circus spilonotus 103. Pallid Harrier Circus macrourus 104. Hen Harrier Circus cyaneus 105. Pied Harrier Circus melanoleucos 106. Montagu's Harrier Circus pygargus 107. Crested Goshawk Accipiter trivirgatus 108. Nicobar Sparrowhawk Accipiter butleri 109. Chinese Sparrowhawk Accipiter soloensis 110. Japanese Sparrowhawk Accipiter gularis 111. Eurasian Sparrowhawk Accipiter nisus 112. Shikra Accipiter badius PART C: REPTILES Sl. No. Name of Wild Animal Scientific Name 1. Desert Monitor Lizard Varanus griseus 2. Bengal Monitor Lizard Varanus bengalensis 3. Yellow Monitor Lizard Varanus flavescens 4. Water Monitor Lizard Varanus salvator 5. Indian Spiny Tailed Lizard Uromastyxhardwickii 6. Kangaroo Lizard Otocryptisbeddomei 7. Southern Flying Lizard Draco dussumieri 8. Tokay Gecko Gekko gecko 9. Indian Chamaeleon Chamaeleozeylanicus 10. Saltwater Crocodile Crocodylusporosus 11. Mugger/Marsh Crocodile Crocodylus palustris 12. Gharial Gavialis gangeticus 13. Asiatic softshell Turtle Amydacartilaginea 14. Northern River Terrapin Batagurbaska 15. Three-striped roofed Turtle Batagurdhongoka 16. Red crowned roofed Turtle Batagurkachuga 17. Spotted pond Turtle Geoclemyshamiltoni 18. Crowned river Turtle Hardellathurjii 19. Tricarinate hill Turtle Melanochelystricarinata 20. Indian Softshell Turtle Nilssoniagangetica 21. Leith's softshell Turtle Nilssonialeithi 22. Black softshell Turtle Nilssonia nigricans 23. Asian Giant Soft-shell Turtle Pelochelyscantorii 24. Green Sea Turtle Chelonia mydas 25. Hawksbill Turtle Eretmochelys imbricata 26. Cochin Forest Cane Turtle Vijayachelyssilvatica 27. Leather Back Turtle Dermochelys coriacea 28. Olive Ridley Sea Turtle Lepidochelys olivacea 29. Peacock Soft-shell Turtle Nilssoniahurum 30. Keeled box Turtle Cuoramouhotii 31. Asian giant Tortoise Manouriaemys 32. Indian Star Tortoise Geochelone elegansSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43 33. Travancore Tortoise Indotestudo travancorica 34. Sal Forest Tortoise Indotestudo elongata 35. Indian/Spectacled Cobra Naja naja 36. Monocellate Cobra Naja kaouthia 37. Central Asian Cobra Naja oxiana 38. Andaman Cobra Naja sagittifera 39. King Cobra Ophiophagus hannah 40. Common Krait Bungarus caeruleus 41. Banded krait Bungarus fasciatus 42. Saw-scaled Viper Echiscarinatus 43. Russell's Viper Daboia russelii PART D: AMPHIBIANS Sl. No. Common Name Scientific Name 1. Himalayan Salamander Tylototritonverrucosus PART E: FISHES Sl. No. Common Name Scientific Name 1. Whale shark Rhincodon typus 2. Knifetooth sawfish Anoxypristiscuspidata 3. Long nosed shark/Pondicherry shark Carcharhinus hemiodon 4. Gangetic shark Glyphis gangeticus 5. Freshwater sawfish Pristispristis 6. Green sawfish Pristiszijsron 7. Giant guitarfish Rhynchobatusdjiddensis 8. Porcupine ray Urogymnusasperrimus 9. Ganges Stingray Himantura fluviatilis 10. Denison barb Puntius denisonii 11. Assamese Kingfish Semiplotussemiplotus 12. Giant grouper Epinepheluslanceolatus 13. Manipur osteobrama Osteobramabelangeris 14. Pipe fish Choeroichthyssculptus 15. Pipe fish Corythoichthys amplexus 16. Pipe fish Corythoichthyshaematopterus 17. Pipe fish Corythoichthys intestinalis 18. Pipe fish Corythoichthys ocellatus 19. Pipe fish Corythoichthysschultzi 20. Pipe fish Doryhamphusdactyliophorus 21. Pipe fish Halicampusmacrorhynchus 22. Pipe fish Halicampusmataafe 23. Pipe fish Syngnathoidesbiaculeatus 24. Sea horse Hippocampus histrix 25. Sea horse Hippocampus kuda 26. Sea horse Hippocampus trimaculatus PART F : INSECTS Sl. No. Common Name Scientific Name 1. Kaiser-i-Hind Teinopalpusimperialis 2. Varnished Apollo Butterfly Parnassiusacco 3. Banded Apollo Butterfly Parnassiusdelphius 4. Hannyngton Apollo Butterfly Parnassiushannyngtoni44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 5. Imperial Apollo Butterfly Parnassius imperator 6. Ladakh Banded Apollo Butterfly Parnassiusstoliczkanus 7. Bhutan Glory Butterfly Bhutanitislidderdalei 8. Common ClubtailButterfly Atrophaneura coon 9. Black Windmill Butterfly Atrophaneura crassipes 10. Nevill's Windmill Butterfly Atrophaneuranevilli 11. Pemberton's Chinese Windmill Butterfly Atrophaneuraplutioniuspembertoni 12. De Niceville's Windmill Butterfly Atrophaneurapolla 13. Common Mime Butterfly Chilasaclytiaclytia 14. Yellow-crested Spangle Butterfly Papilioelephenor 15. Malabar Banded Swallowtail Butterfly Papilioliomedon 16. Shaw's Dwarf Butterfly Baltiashawiisikkima 17. Pale Jezebel Butterfly Deliassanaca 18. Green Banded White Butterfly Pieris krueperidevta 19. Lemon Clouded Yellow Butterfly Coliascocandicathrasibulus 20. Dwarf Clouded Yellow Butterfly Coliasstoliczkanadubia 21. Spotted Black Crow Butterfly Euploeacramerinicevillei 22. Andaman King Crow Butterfly Euploearoepstorffi 23. Scarce Blue Tiger Butterfly Tellervogautamagautamoides 24. Scarce CatseyeButterfly Coelitesnothis 25. Peal's PalmflyButterfly Elymniaspealii 26. Pointed PalmflyButterfly Elymniaspenanga 27. Scarce Red Forester Butterfly Lethe distans 28. Scarce LilacforkButterfly Letha dura 29. Bamboo TreebrownButterfly Lethe europa 30. Tytler'sTreebrownButterfly Lethe gemina 31. Bhutan TreebrownButterfly Lethe margaritae 32. Dismal Mystic Butterfly Lethe ocellata 33. Single SilverstripeButterfly Lethe ramadeva 34. Pallid Forester Butterfly Lethe satyavati 35. Dark Wall Butterfly Parargemaera 36. Great FiveringButterfly Ypthimadohertyi 37. Banded Duffer Butterfly Discophora deo deo 38. Freak Butterfly Calinaga buddha 39. WhitespotFritilliaryButterfly Clossianaerubescenshaberhaueri 40. Bhutan Sergeant Butterfly Pantoporiajinajina 41. Grey Commodore Butterfly Limenitis austenia purpurascens 42. Grand Duke Butterfly Euthaliaiva 43. Naga Duke Butterfly Euthaliakhamacurvifascia 44. Tawny Emperor Butterfly Chitoriaulupiulupi 45. Branded Yeoman Butterfly Cirrochroafasciata 46. Scarce Siren Butterfly Hestinanicevillei 47. Golden Emperor Butterfly Dilipamorgiana 48. Autumn Leaf Butterfly Doleschalliabisaltideandamanensis 49. Tytler's Emperor Butterfly Eulaceuramanipurensis 50. Blue Duke Butterfly Euthaliadurga splendens 51. Blue Baron Butterfly Euthaliatelchinia 52. White Emperor Butterfly HelcyraheminaSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45 53. Empress Butterfly Sasakiafunebris 54. Eastern Courtier Butterfly Sephisachandra 55. Scarce White Comodore Butterfly Limenitis zulema 56. Scarce Jester Butterfly Symbrenthiasilana 57. Chestnut Rajah Butterfly Charaxesdurnofordinicholii 58. Malayan Nawab Butterfly Polyura moori sandakanus 59. Blue Nawab Butterfly Polyuraschreiberi 60. Blue Begum Butterfly Prothoefranck regalis 61. Chinese Hairstreak Butterfly Amblopalaavidiena 62. Cachar Mandarin Blue Butterfly Charanacepheis 63. Blue Posy Butterfly Myrinacyara PART G : CRABS Sl. No. Common Name Scientific Name 1. Indo-Pacific Horseshoe Crab Tachypleus gigas 2. Mangrove Horseshoe Crab Carcinoscorpiusrotundicauda 3. Coconut or Robber Crab Birgus latro PART H : CORALS Sl. No. Scientific Name 1. Acropora abrotanoides 2. Acropora anthocersis 3. Acropora aspera 4. Acropora austera 5. Acropora awi 6. Acropora brueggemanni 7. Acropora carduus 8. Acropora caroloniana 9. Acropora cerealis 10. Acropora chesterfieldensis 11. Acropora clathrata 12. Acropora cophodactyla 13. Acropora copiosa 14. Acropora cytherea 15. Acropora desatwii 16. Acropora digitifera 17. Acropora divaricata 18. Acropora efforescens 19. Acropora fastigata 20. Acropora florida 21. Acropora formosa 22. Acropora forskali 23. Acropora gemmifera 24. Acropora glauca 25. Acropora globiceps 26. Acropora gomezi 27. Acropora grandis 28. Acropora granulosa 29. Acropora haimei46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 30. Acropora hemprichii 31. Acropora horrida 32. Acropora humilis 33. Acropora hyacinthus 34. Acropora inermis 35. Acropora insignis 36. Acropora kimbeensis 37. Acropora latistella 38. Acropora longicyathus 39. Acropora loripes 40. Acropora lutkeni 41. Acropora massawensis 42. Acroporamicroclados 43. Acropora micropthalma 44. Acropora millepora 45. Acropora mirabilis 46. Acropora monticulosa 47. Acropora multiacuta 48. Acropora nana 49. Acropora nasuta 50. Acropora natalensis 51. Acropora nobilis 52. Acropora ocellata 53. Acropora palifera 54. Acropora palmerae 55. Acropora papillare 56. Acropora pharaonis 57. Acropora plantaginea 58. Acropora polystoma 59. Acropora pulchra 60. Acropora robusta 61. Acropora roseni 62. Acropora rudis 63. Acropora samoensis 64. Acropora schmitti 65. Acropora secale 66. Acropora selago 67. Acropora solitaryensis 68. Acropora spicifera 69. Acropora squarrosa 70. Acropora striata 71. Acropora subglabra 72. Acropora subulata 73. Acropora tanegashimensis 74. Acropora tenuis 75. Acropora teres 76. Acropora torresianaSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47 77. Acropora tutuilensis 78. Acropora valenciennesi 79. Acropora valida 80. Acropora variolosa 81. Acropora vaughani 82. Acropora verweyi 83. Acropora wallaceae 84. Acropora yongei 85. Astreoporacucullata 86. Astreoporagracilis 87. Astreoporalisteri 88. Astreoporamyriophthalma 89. Astreoporasuggesta 90. Montiporaaquituberculata 91. Montiporacaliculata 92. Montipora capitata 93. Montiporacebuensis 94. Montiporadanae 95. Montiporadelicatula 96. Montipora digitata 97. Montiporafoliosa 98. Montipora grisea 99. Montiporahemispherica 100. Montiporahispida 101. Montiporainformis 102. Montiporameandrina 103. Montiporamollis 104. Montiporamonasteriata 105. Montiporapeltiformis 106. Montiporatuberculosa 107. Montiporaturgescens 108. Montiporavenosa 109. Montiporaverrilli 110. Montiporaverrucosa 111. Montiporaverruculosus 112. Montiporavietnamensis 113. Gardineroseris plannulata 114. Leptoseris cucullata 115. Leptoseris explanata 116. Leptoseris hawaiensis 117. Leptoseris incrustans 118. Leptoseris mycetoseoides 119. Leptoseris papyracea 120. Leptoseris scabra 121. Pachyseris gemmae 122. Pachyseris foliosa 123. Pachyseris rugosa48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 124. Pachyseris speciosa 125. Pavona bipartite 126. Pavona cactus 127. Pavona clavus 128. Pavona decussata 129. Pavona duerdeni 130. Pavona explanulata 131. Pavona gigantea 132. Pavona minuta 133. Pavona varians 134. Pavona venosa 135. Madracis kirbyi 136. Styloceniella armata 137. Styloceniella guentheri 138. Dendrophyllia robusta 139. Tubastrea coccinia 140. Tubastrea diaphana 141. Tubastrea micranthus 142. Turbinaria mesenterina 143. Turbinaria peltata 144. Turbinaria reniformis 145. Turbinaria stellulata 146. Euphyllia ancora 147. Euphyllia divisa 148. Euphyllia glabrescens 149. Physogyra lichtensteini 150. Pleurogyra sinulosa 151. Barabattoia amicorum 152. Barabattoia laddi 153. Cyphastrea japonica 154. Cyphastrea microphthalma 155. Cyphastrea ocellina 156. Cyphastrea serailia 157. Diploastrea helipora 158. Diploria strigosa 159. Echinopora fruticulosa 160. Echinopora gemmacea 161. Echinopora horrida 162. Echinopora lamellosa 163. Favia albidus 164. Favia favus 165. Favia helianthoides 166. Favia lacuna 167. Favia matthaii 168. Favia danae 169. Favia maxima 170. Favia lizardensisSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49 171. Favia pallida 172. Favia speciosa 173. Favia stelligera 174. Favia truncatus 175. Favites abdita 176. Favites acuticollis 177. Favites chinensis 178. Favites complanata 179. Favites flexuosa 180. Favites halicora 181. Favites micropentagona 182. Favites spinosa 183. Favites pentagona 184. Favites vasta 185. Goniastrea aspera 186. Goniastrea australensis 187. Goniastrea edwardsi 188. Goniastrea minuta 189. Goniastrea peresi 190. Goniastrea pectinata 191. Goniastrea retiformis 192. Leptoria irregularis 193. Leptoria phrygia 194. Leptastrea purpurea 195. Leptastrea transversa 196. Montastrea annuligera 197. Montastrea colemani 198. Montastrea curta 199. Montastrea valenciennesi 200. Oulophyllia bennettae 201. Oulophyllia crispa 202. Oulophyllia levis 203. Oulastrea crispata 204. Platygyra acuta 205. Platygyra daedalea 206. Platygyra lamellina 207. Platygyra verweyi 208. Platygyra pini 209. Platygyra sinensis 210. Cycloseris costulata 211. Cycloseris cyclolites 212. Cycloseris hexagonalis 213. Cycloseris patelliformis 214. Cycloseris sinensis 215. Cycloseris somervillei 216. Ctenactis crassa 217. Ctenactis albitentaculata50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 218. Ctenactis echinata 219. Diaseris distorta 220. Fungia concinna 221. Fungia corona 222. Fungia danai 223. Fungia fralinae 224. Fungia fungites 225. Fungia granulosa 226. Fungia horrida 227. Fungia klunzingeri 228. Fungia moluccensis 229. Fungia paumotensis 230. Fungia repanda 231. Fungia scutaria 232. Fungia scruposa 233. Fungia scabra 234. Fungia seychellensisi 235. Fungia taiwanensis 236. Halomitra pileus 237. Herpolitha limax 238. Herpolitha weberi 239. Lithophyllon lobata 240. Lithophyllon undulatum 241. Podabacia crustacea 242. Podabacia lanakensis 243. Polyphyllia talpina 244. Sandalolitha robusta 245. Hydnophora exesa 246. Hydnophora grandis 247. Hydnophora microconos 248. Hydnophora pilosa 249. Hydnophora rigida 250. Merulina ampliata 251. Merulina scabricula 252. Scapophyllia cylindrica 253. Acanthastrea echinata 254. Acanthastrea hemprichii 255. Acanthastrea hillae 256. Acanthastrea ishigakiensis 257. Cynarina lacrymalis 258. Lobophyllia corymbosa 259. Lobophyllia hemprichii 260. Lobophyllia robusta 261. Symphyllia agaricia 262. Symphyllia radians 263. Symphyllia recta 264. Symphyllia valenciennesiiSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51 265. Scolymia vitiensis 266. Mycetophyllia danaana 267. Australomussa rowleyensis 268. Galaxea acrhelia 269. Galaxea astreata 270. Galaxea fascicularis 271. Echinophyllia aspera 272. Echinophyllia echinata 273. Echinophyllia echinoporoides 274. Mycedium elephantotus 275. Mycedium robokaki 276. Oxypora lacera 277. Oxypora crassispinosa 278. Pectinia alcicornis 279. Pectinia lactuca 280. Pectinia paeonia 281. Pectinia teres 282. Trachyphyllia geoffroyi 283. Alvopora catalai 284. Goniopora columna 285. Goniopora lobata 286. Goniopora minor 287. Goniopora norfolkensis 288. Goniopora pandoraenis 289. Goniopora planulata 290. Goniopora stokesi 291. Goniopora tenuidens 292. Porites annae 293. Porites arnaudi 294. Porites compressa 295. Porites cylindrica 296. Porites eridani 297. Porites evermanni 298. Porites harrisoni 299. Porites latistella 300. Porites lobata 301. Porites lutea 302. Porites monticulosa 303. Porites murrayensis 304. Porites myrmidoensis 305. Porites nigrescens 306. Porites rus 307. Porites solida52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 308. Porites vaughani 309. Pociliopora ankeli 310. Pocillopora damicornis 311. Pocillopora danae 312. Pocillopora eydouxi 313. Pocillopora kelleheri 314. Pocillopora ligulata 315. Pocillopora meandrina 316. Pocillopora verrucosa 317. Seriatopora aculeata 318. Seriatopora hystrix 319. Seriatopora stellata 320. Seriatopora pistillata 321. Coscinaraea columna 322. Coscinaraea monile 323. Psammocora contigua 324. Psammocora digitata 325. Psammocora explanulata 326. Psammocora haimeana 327. Psammocora profundacella 328. Siderastrea savignyana 329. Tubipora musica 330. Cirrhipathes anguina 331. Cirrhipathes contorta 332. Antipathes elegans 333. Sticopathes solorensis 334. Cupressopathes gracilis 335. Myriopathus antrocrada 336. Antipathella subpinnata 337. Plumapathes pennacea 338. Dichotella gemmacea 339. Ellisella azilia 340. Ellisella cercidia 341. Ellisella eustala 342. Ellisella marisrubri 343. Ellisella nuctenea 344. Juncella delicata 345. Juncella eunicelloides 346. Juncella juncea 347. Viminella crassa 348. Viminella junceelloides 349. Nicella flabellata 350. Nicella laxaSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53 351. Verrucella cerasina 352. Verrucella corona 353. Verrucella diadema 354. Verrucella gubalensis 355. Verrucella klunzingeri 356. Isis hippuris 357. Muricella paraplectana 358. Muricella ramose 359. Acanthogorgia breviflora 360. Acanthogorgia spinosa 361. Anthogorgia ochracea 362. Rumphella aggregata 363. Rumphella torta 364. Hicksonella princeps 365. Menella indica 366. Menella kanisa 367. Menella kouare 368. Menella woodin 369. Bebryce sirene 370. Bebryce studeri 371. Echinogorgia flora 372. Echinogorgia toombo 373. Echinogorgia indica 374. Echinomuricea indomalaccensis 375. Euplexaura amerea 376. Euplexaura rhipidalis 377. Trimuricea caledonica 378. Villogorgia tenuis 379. Acabaria cinquemiglia 380. Acabaria ouvea 381. Melithaea caledonica 382. Melithaea ochracea 383. Mopsella rubeola 384. Wrightella braueri 385. Annella mollis 386. Annella reticulata 387. Subergorgia rubra 388. Subergorgia suberosa PART I : MOLLUSCA Sl. No. Scientific Name 1. Cassis cornuta 2. Charoniatritonis54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 3. Conus milneedwardsi 4. Cypraecassisrufa 5. Hippopushippopus 6. Nautilus pompilius 7. Tridacna maxima 8. Tridacna squamosa 9. Tudiclaspirillus 10. Turbo marmoratus PART J : HOLOTHURIANS Sl. No. Scientific Name 1. Actinopygaechinites 2. Actinopygalecanora 3. Actinopygamauritiana 4. Actinopygamiliaris 5. Bohadschia argus 6. Bohadschiagraeffei 7. Bohadschiamarmorata 8. Holothuria coluber 9. Holothuria (Acanthotrapez) pyxis 10. Holothuria (Halodeima) atra 11. Holothuria (Halodeima) edulis 12. Holothuria (Mertensiothuria) fuscocinerea 13. Holothuria (Mertensiothuria) leucospilota 14. Holothuria (Mertensiothuria) pervicax 15. Holothuria (Metriatyla) scabra 16. Holothuria (Microthele) nobilis 17. Holothuria (Semperothuria) cinerascens 18. Holothuria (Thymiosycia) arenicola 19. Holothuria (Thymiosycia) hilla 20. Holothuria (Thymiosycia) impatiens 21. Labidodemassemperianum 22. Stichopuschloronotus 23. Stichopushermanni 24. Stichopushorrens 25. Stichopus vastus 26. Thelenota ananas 27. Pseudocolochirus violaceus 28. Stolusbuccalis 29. Phyllophorus (Phyllophorella) parvepides 30. Euaptagodeffroyi 31. Synaptamaculata 32. AcaudinamolpadioidesSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55 SCHEDULE II (See sections 9, 11, 12, 38-I, 39, 44, 45, 46, 47, 48, 48A, 49, 50, 51, 54 and 57) PART A : MAMMALS Sl. No. Common Name Scientific Name 1. Sambar Cervus unicolor 2. Spotted Deer/Chital Axis axis 3. Striped Hyena Hyaena hyaena 4. Bharal/Blue Sheep Pseudoisnayaur 5. Nilgai or Blue Bull Boselaphustragocamelus 6. Northern/Five-striped palm squirrel Funambuluspennantii 7. Wild Pig Sus scrofa 8. Andaman Wild Pig Sus scrofa andamanensis 9. Indian Hare Lepus nigricollis 10. Desert Hare Lepus tibetanus 11. Royle's Pika Ochotona royleii 12. Indian Long-eared Hedgehog Hemiechinuscollaris 13. Small Indian Mongoose Herpestesauropunctatus 14. Grey Mongoose Herpestesedwardsii 15. Brown Mongoose Herpestesfuscus 16. Javan Mongoose Herpestesjavanicus 17. Ruddy Mongoose Herpestessmithii 18. Crab-eating Mongoose Herpestes urva 19. Stripe-necked Mongoose Herpestesvitticollis 20. Small-toothed Palm Civet Arctogalidiatrivirgata 21. Masked Palm Civet Pagumalarvata 22. Asian Palm Civet Paradoxurus hermaphroditus 23. Jerdon's Palm Civet Paradoxurus jerdoni 24. Large Indian Civet Viverrazibetha 25. Small Indian Civet Viverricula indica 26. Chinese/Small-toothed Ferret Badger Melogalemoschata 27. Burmese/Large toothed Ferret Badger Melogalepersonata 28. Stone/Beech Marten Martes foina 29. Himalayan Yellow-throated Marten Martes flavigula 30. Nilgiri Marten Martes gwatkinsii 31. Ermineor Short-tailed Weasel Mustela erminea 32. Siberian Weasel Mustela sibirica 33. Yellow-bellied Weasel Mustela kathiah 34. Mountain Weasel Mustela altaica 35. Northern Plains Gray/Hanuman Langur Semnopithecus entellus 36. Assamese Macaque Macaca assamensis 37. Bonnet Macaque Macaca radiata 38. Rhesus Macaque Macaca mulatta 39. Indian/Bengal Fox Vulpes bengalensis 40. Asiatic Jackal Canis aureus 41. Jungle Cat Felis chaus56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— PART B : BIRDS Sl. No. Common Name Scientific Name 1. House sparrow Passer domesticus 2. Red Munia Amandava amandava 3. Green Munia Amandavaformosa 4. Indian Silverbill Euodicemalabarica 5. White-rumped Munia Lonchura striata 6. Scaly-breasted Munia Lonchurapunctulata 7. Black-throated Munia Lonchurakelaarti 8. Tricoloured Munia Lonchuramalacca 9. Chestnut Munia Lonchura atricapilla 10. Pied Avocet Recurvirostra avosetta 11. Black-winged Stilt Himantopus himantopus 12. Rufous-throated Wren Babbler Spelaeorniscaudatus 13. Mishmi Wren Babbler Spelaeornisbadeigularis 14. Bar-winged Wren Babbler Spelaeornistroglodytoides 15. Naga Wren Babbler Spelaeornischocolatinus 16. Chin Hills Wren Babbler Spelaeornisoatesi 17. Grey-bellied Wren Babbler Spelaeornisreptatus 18. Tawny-breasted Wren Babbler Spelaeornislongicaudatus 19. Red-billed Scimitar Babbler Pomatorhinusochraceiceps 20. Coral-billed Scimitar Babbler Pomatorhinusferruginosus 21. Slender-billed Scimitar Babbler Pomatorhinussuperciliaris 22. Indian Scimitar Babbler Pomatorhinushorsfieldii 23. White-browed Scimitar Babbler Pomatorhinusschisticeps 24. Streak-breasted Scimitar Babbler Pomatorhinus ruficollis 25. Large Scimitar Babbler Erythrogenyshypoleucos 26. Rusty-cheeked Scimitar Babbler Erythrogenyserythrogenys 27. Spot-breasted Scimitar Babbler Erythrogenysmcclellandi 28. Grey-throated Babbler Stachyrisnigriceps 29. Sikkim Wedge-billed Babbler Stachyrishumei 30. Cachar Wedge-billed Babbler Stachyrisroberti 31. Snowy-throated Babbler Stachyrisoglei 32. Tawny-bellied Babbler Dumetiahyperythra 33. Dark-fronted Babbler Rhopocichlaatriceps 34. Chestnut-capped Babbler Timaliapileata 35. Pin-striped Tit Babbler Mixornisgularis 36. Golden Babbler Cyanodermachrysaeum 37. Black-chinned Babbler Cyanodermapyrrhops 38. Rufous-capped Babbler Cyanodermaruficeps 39. Buff-chested Babbler Cyanodermaambiguum 40. Great Barbet Psilopogon virens 41. Brown-headed Barbet Psilopogonzeylanicus 42. Lineated Barbet Psilopogonlineatus 43. White-cheeked Barbet Psilopogonviridis 44. Golden-throated Barbet Psilopogonfranklinii 45. Blue-throated Barbet Psilopogon asiaticus 46. Blue-eared Barbet PsilopogonduvauceliiSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57 47. Malabar Barbet Psilopogonmalabaricus 48. Coppersmith Barbet Psilopogonhaemacephalus 49. Oriental Bay Owl Phodilus badius 50. Sri Lanka Bay Owl Phodilusassimilis 51. Eastern Grass Owl Tyto longimembris 52. Andaman Barn Owl Tyto deroepstorffi 53. Common Barn Owl Tyto alba 54. Eurasian Bittern Botaurus stellaris 55. Little Bittern Ixobrychusminutus 56. Yellow Bittern Ixobrychus sinensis 57. Cinnamon Bittern Ixobrychuscinnamomeus 58. Black Bittern Ixobrychusflavicollis 59. Malayan Night Heron Gorsachiusmelanolophus 60. Black-crowned Night Heron Nycticoraxnycticorax 61. Striated Heron Butorides striata 62. Indian Pond Heron Ardeolagrayii 63. Chinese Pond Heron Ardeolabacchus 64. Cattle Egret Bubulcus ibis 65. Grey Heron Ardea cinerea 66. Goliath Heron Ardea goliath 67. Purple Heron Ardea purpurea 68. Great Egret Ardea alba 69. Intermediate Egret Ardea intermedia 70. Little Egret Egrettagarzetta 71. Western Reef Egret Egrettagularis 72. Pacific Reef Egret Egretta sacra 73. Chinese Egret Egrettaeulophotes 74. Brown Noddy Anousstolidus 75. Lesser Noddy Anoustenuirostris 76. Black Noddy Anousminutus 77. White Tern Gygis alba 78. Indian Skimmer Rynchopsalbicollis 79. Black-legged Kittiwake Rissa tridactyla 80. Sabine's Gull Xema sabini 81. Slender-billed Gull Chroicocephalusgenei 82. Brown-headed Gull Chroicocephalusbrunnicephalus 83. Black-headed Gull Chroicocephalus ridibundus 84. Little Gull Hydrocoloeus minutus 85. Franklin's Gull Leucophaeuspipixcan 86. White-eyed Gull Ichthyaetusleucophthalmus 87. Sooty Gull Ichthyaetus hemprichii 88. Pallas's Gull Ichthyaetusichthyaetus 89. Mew Gull Larus canus 90. Lesser Black-backed Gull Larus fuscus 91. Caspian Gull Larus cachinnans 92. Mongolian Gull Larus smithsonianus mongolicus 93. Sooty Tern Onychoprion fuscatus 94. Bridled Tern Onychoprion anaethetus 95. Little Tern Sternulaalbifrons58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 96. Saunders's Tern Sternulasaundersi 97. Gull-billed Tern Gelochelidonnilotica 98. Caspian Tern Hydroprogne caspia 99. Whiskered Tern Chlidoniashybrida 100. White-winged Tern Chlidoniasleucopterus 101. Black Tern Chlidonias niger 102. River Tern Sterna aurantia 103. Roseate Tern Sterna dougallii 104. Black-naped Tern Sterna sumatrana 105. Common Tern Sterna hirundo 106. White-cheeked Tern Sterna repressa 107. Arctic Tern Sterna paradisaea 108. Black-bellied Tern Sterna acuticauda 109. Lesser Crested Tern Thalasseus bengalensis 110. Sandwich Tern Thalasseussandvicensis 111. Greater Crested Tern Thalasseusbergii 112. White-throated Bulbul Alophoixusflaveolus 113. Olive Bulbul Ioleviridescens 114. Ashy Bulbul Hemixosflavala 115. Nicobar Bulbul Ixosnicobariensis 116. Mountain Bulbul Ixosmcclellandii 117. Square-tailed Bulbul Hypsipetesganeesa 118. Black Bulbul Hypsipetes leucocephalus 119. Crested Finchbill Spizixoscanifrons 120. Striated Bulbul Pycnonotusstriatus 121. Flame-throated Bulbul Pycnonotusgularis 122. Black-crested Bulbul Pycnonotusflaviventris 123. Red-whiskered Bulbul Pycnonotusjocosus 124. Himalayan Bulbul Pycnonotusleucogenis 125. White-eared Bulbul Pycnonotusleucotis 126. Red-vented Bulbul Pycnonotuscafer 127. Yellow-throated Bulbul Pycnonotusxantholaemus 128. Flavescent Bulbul Pycnonotusflavescens 129. White-browed Bulbul Pycnonotusluteolus 130. Black-headed Bulbul Brachypodiusatriceps 131. Andaman Bulbul Brachypodiusfuscoflavescens 132. Grey-headed Bulbul Brachypodiuspriocephalus 133. Yellow-browed Bulbul Acritillas indica 134. Crested Bunting Emberizalathami 135. Black-headed Bunting Emberizamelanocephala 136. Red-headed Bunting Emberizabruniceps 137. Chestnut-eared Bunting Emberizafucata 138. Rock Bunting Emberizacia 139. Godlewski's Bunting Emberizagodlewskii 140. Grey-necked Bunting Emberizabuchanani 141. Ortolan Bunting Emberizahortulana 142. White-capped Bunting Emberizastewarti 143. Yellowhammer EmberizacitrinellaSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59 144. Pine Bunting Emberizaleucocephalos 145. Striolated Bunting Emberizastriolata 146. Eurasian Reed Bunting Emberizaschoeniclus 147. Yellow-breasted Bunting Emberizaaureola 148. Black-faced Bunting Emberizaspodocephala 149. Chestnut Bunting Emberizarutila 150. Yellow-browed Bunting Emberizachrysophrys 151. Tristram's Bunting Emberizatristrami 152. Little Bunting Emberizapusilla 153. Little Bustard Tetraxtetrax 154. Macqueen's Bustard Chlamydotismacqueenii 155. Small Buttonquail Turnixsylvaticus 156. Yellow-legged Buttonquail Turnixtanki 157. Barred Buttonquail Turnixsuscitator 158. Golden-fronted Leafbird Chloropsisaurifrons 159. Jerdon's Leafbird Chloropsisjerdoni 160. Orange-bellied Leafbird Chloropsishardwickii 161. Blue-winged Leafbird Chloropsiscochinchinensis 162. Andaman Crake Rallinacanningi 163. Slaty-legged Crake Rallinaeurizonoides 164. Western Water Rail Rallus aquaticus 165. Eastern Water Rail Rallus indicus 166. Slaty-breasted Rail Lewinia striata 167. Corncrake Crex crex 168. Spotted Crake Porzanaporzana 169. Ruddy-breasted Crake Zaporniafusca 170. Brown Crake Zaporniaakool 171. Little Crake Zapornia parva 172. Baillon's Crake Zaporniapusilla 173. Black-tailed Crake Zaporniabicolor 174. White-breasted Waterhen Amaurornisphoenicurus 175. White-browed Crake Amaurornis cinerea 176. Watercock Gallicrex cinerea 177. Purple Swamphen Porphyrioporphyrio 178. Common Moorhen Gallinula chloropus 179. Common Coot Fulicaatra 180. Little Cormorant Microcarboniger 181. Great Cormorant Phalacrocorax carbo 182. Indian Cormorant Phalacrocorax fuscicollis 183. Greater Coucal Centropus sinensis 184. Andaman Coucal Centropusandamanensis 185. Lesser Coucal Centropus bengalensis 186. Sirkeer Malkoha Taccocualeschenaultii 187. Blue-faced Malkoha Phaenicophaeusviridirostris 188. Green-billed Malkoha Phaenicophaeus tristis 189. Pied Cuckoo Clamatorjacobinus 190. Chestnut-winged Cuckoo Clamatorcoromandus 191. Asian Koel Eudynamysscolopaceus60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 192. Asian Emerald Cuckoo Chrysococcyx maculatus 193. Violet Cuckoo Chrysococcyxxanthorhynchus 194. Banded Bay Cuckoo Cacomantis sonneratii 195. Plaintive Cuckoo Cacomantismerulinus 196. Grey-bellied Cuckoo Cacomantispasserinus 197. Fork-tailed Drongo Cuckoo Surniculusdicruroides 198. Square-tailed Drongo Cuckoo Surniculuslugubris 199. Large Hawk Cuckoo Hierococcyxsparverioides 200. Common Hawk Cuckoo Hierococcyxvarius 201. Whistling Hawk Cuckoo Hierococcyxnisicolor 202. Indian Cuckoo Cuculusmicropterus 203. Common Cuckoo Cuculuscanorus 204. Himalayan Cuckoo Cuculussaturatus 205. Lesser Cuckoo Cuculuspoliocephalus 206. Whimbrel Numenius phaeopus 207. Eurasian Curlew Numenius arquata 208. Bar-tailed Godwit Limosalapponica 209. Black-tailed Godwit Limosalimosa 210. Ruddy Turnstone Arenaria interpres 211. Great Knot Calidris tenuirostris 212. Red Knot Calidris canutus 213. Ruff Calidris pugnax 214. Broad-billed Sandpiper Calidris falcinellus 215. Sharp-tailed Sandpiper Calidris acuminata 216. Curlew Sandpiper Calidris ferruginea 217. Temminck's Stint Calidris temminckii 218. Long-toed Stint Calidris subminuta 219. Spoon-billed Sandpiper Calidris pygmaea 220. Red-necked Stint Calidris ruficollis 221. Sanderling Calidris alba 222. Dunlin Calidris alpina 223. Little Stint Calidris minuta 224. Buff-breasted Sandpiper Calidris subruficollis 225. Pectoral Sandpiper Calidris melanotos 226. Asian Dowitcher Limnodromussemipalmatus 227. Long-billed Dowitcher Limnodromusscolopaceus 228. Eurasian Woodcock Scolopaxrusticola 229. Solitary Snipe Gallinago solitaria 230. Wood Snipe Gallinagonemoricola 231. Pintail Snipe Gallinagostenura 232. Swinhoe's Snipe Gallinagomegala 233. Great Snipe Gallinago media 234. Common Snipe Gallinagogallinago 235. Jack Snipe Lymnocryptes minimus 236. Terek Sandpiper Xenus cinereus 237. Common Sandpiper Actitishypoleucos 238. Green Sandpiper TringaochropusSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61 239. Grey-tailed Tattler Tringabrevipes 240. Spotted Redshank Tringaerythropus 241. Common Greenshank Tringanebularia 242. Common Redshank Tringatotanus 243. Wood Sandpiper Tringaglareola 244. Marsh Sandpiper Tringastagnatilis 245. Red-necked Phalarope Phalaropuslobatus 246. Red Phalarope Phalaropusfulicarius 247. Oriental Darter Anhinga melanogaster 248. Rock Pigeon Columba livia 249. Hill Pigeon Columba rupestris 250. Snow Pigeon Columba leuconota 251. Yellow-eyed Pigeon Columba eversmanni 252. Common Wood Pigeon Columba palumbus 253. Speckled Wood Pigeon Columba hodgsonii 254. Ashy Wood Pigeon Columba pulchricollis 255. Nilgiri Wood Pigeon Columba elphinstonii 256. Pale-capped Pigeon Columba punicea 257. Andaman Wood Pigeon Columba palumboides 258. European Turtle Dove Streptopeliaturtur 259. Oriental Turtle Dove Streptopeliaorientalis 260. Eurasian Collared Dove Streptopeliadecaocto 261. Red Collared Dove Streptopeliatranquebarica 262. Spotted Dove Streptopelia chinensis 263. Laughing Dove Streptopelia senegalensis 264. Barred Cuckoo Dove Macropygiaunchall 265. Andaman Cuckoo Dove Macropygiarufipennis 266. Orange-breasted Green Pigeon Treronbicinctus 267. Ashy-headed Green Pigeon Treronphayrei 268. Grey-fronted Green Pigeon Treronaffinis 269. Andaman Green Pigeon Treronchloropterus 270. Thick-billed Green Pigeon Treroncurvirostra 271. Yellow-legged Green Pigeon Treronphoenicopterus 272. Pin-tailed Green Pigeon Treronapicauda 273. Wedge-tailed Green Pigeon Treronsphenurus 274. Asian Emerald Dove Chalcophaps indica 275. Namaqua Dove Oena capensis 276. Green Imperial Pigeon Duculaaenea 277. Mountain Imperial Pigeon Duculabadia 278. Pied Imperial Pigeon Duculabicolor 279. Black Drongo Dicrurusmacrocercus 280. Ashy Drongo Dicrurusleucophaeus 281. White-bellied Drongo Dicruruscaerulescens 282. Crow-billed Drongo Dicrurusannectens 283. Bronzed Drongo Dicrurus aeneus 284. Lesser Racket-tailed Drongo Dicrurusremifer 285. Hair-crested Drongo Dicrurushottentottus62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 286. Andaman Drongo Dicrurusandamanensis 287. Greater Racket-tailed Drongo Dicrurusparadiseus 288. White-headed Duck Oxyuraleucocephala 289. Mute Swan Cygnus olor 290. Tundra Swan Cygnus columbianus 291. Whooper Swan Cygnus cygnus 292. Red-breasted Goose Branta ruficollis 293. Bar-headed Goose Anser indicus 294. Greylag Goose Anseranser 295. Bean Goose Anserfabalis 296. Greater White-fronted Goose Anseralbifrons 297. Lesser White-fronted Goose Ansererythropus 298. Long-tailed Duck Clangula hyemalis 299. Common Goldeneye Bucephala clangula 300. Smew Mergellus albellus 301. Common Merganser Mergus merganser 302. Red-breasted Merganser Mergusserrator 303. Common Shelduck Tadornatadorna 304. Ruddy Shelduck Tadornaferruginea 305. Marbled Teal Marmaronettaangustirostris 306. Red-crested Pochard Nettarufina 307. Common Pochard Aythya ferina 308. Baer's Pochard Aythya baeri 309. Ferruginous Duck Aythya nyroca 310. Tufted Duck Aythya fuligula 311. Greater Scaup Aythya marila 312. Garganey Spatula querquedula 313. Northern Shoveler Spatula clypeata 314. Baikal Teal Sibirionetta formosa 315. Falcated Duck Mareca falcata 316. Gadwall Mareca strepera 317. Eurasian Wigeon Marecapenelope 318. Chinese Spot-billed Duck Anas zonorhyncha 319. Indian Spot-billed Duck Anas poecilorhyncha 320. Mallard Anas platyrhynchos 321. Andaman Teal Anas albogularis 322. Northern Pintail Anas acuta 323. Common Teal Anas crecca 324. Comb Duck Sarkidiornis melanotos 325. Mandarin Duck Aix galericulata 326. Cotton Teal Nettapuscoromandelianus 327. Asian Fairy Bluebird Irena puella 328. Collared Falconet Microhieraxcaerulescens 329. Pied Falconet Microhieraxmelanoleucos 330. Lesser Kestrel Falco naumanniSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63 331. Common Kestrel Falco tinnunculus 332. Red-necked Falcon Falco chicquera 333. Red-footed Falcon Falco vespertinus 334. Amur Falcon Falco amurensis 335. Merlin Falco columbarius 336. Eurasian Hobby Falco subbuteo 337. Oriental Hobby Falco severus 338. Common Chaffinch Fringilla coelebs 339. Brambling Fringilla montifringilla 340. Black-and-yellow Grosbeak Mycerobasicterioides 341. Collared Grosbeak Mycerobasaffinis 342. Spot-winged Grosbeak Mycerobasmelanozanthos 343. White-winged Grosbeak Mycerobascarnipes 344. Hawfinch Coccothraustes coccothraustes 345. Common Rosefinch Carpodacus erythrinus 346. Scarlet Finch Carpodacus sipahi 347. Sillem'sRosefinch Carpodacus sillemi 348. Streaked Rosefinch Carpodacus rubicilloides 349. Great Rosefinch Carpodacus rubicilla 350. Red-fronted Rosefinch Carpodacus puniceus 351. Crimson-browed Finch Carpodacus subhimachalus 352. Himalayan White-browed Rosefinch Carpodacus thura 353. Chinese White-browed Rosefinch Carpodacus dubius 354. Blyth's Rosefinch Carpodacus grandis 355. Himalayan Beautiful Rosefinch Carpodacus pulcherrimus 356. Pink-rumped Rosefinch Carpodacus waltoni 357. Dark-rumped Rosefinch Carpodacus edwardsii 358. Pink-browed Rosefinch Carpodacus rodochroa 359. Spot-winged Rosefinch Carpodacus rodopeplus 360. Vinaceous Rosefinch Carpodacus vinaceus 361. Brown Bullfinch Pyrrhula nipalensis 362. Orange Bullfinch Pyrrhula aurantiaca 363. Red-headed Bullfinch Pyrrhula erythrocephala 364. Grey-headed Bullfinch Pyrrhula erythaca 365. Trumpeter Finch Bucanetesgithagineus 366. Mongolian Finch Bucanetesmongolicus 367. Blanford's Rosefinch Agraphospizarubescens 368. Spectacled Finch Callacanthisburtoni 369. Gold-naped Finch Pyrrhoplectesepauletta 370. Dark-breasted Rosefinch Procarduelisnipalensis 371. Plain Mountain Finch Leucosticte nemoricola 372. Brandt's Mountain Finch Leucosticte brandti 373. Yellow-breasted Greenfinch Chloris spinoides 374. Black-headed Greenfinch Chloris ambigua 375. Twite Linaria flavirostris64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 376. Common Linnet Linaria cannabina 377. Red Crossbill Loxiacurvirostra 378. European Goldfinch Carduelis carduelis 379. Fire-fronted Serin Serinuspusillus 380. Tibetan Siskin Spinus thibetanus 381. Greater Flamingo Phoenicopterus roseus 382. Yellow-bellied Flowerpecker Dicaeummelanozanthum 383. Yellow-vented Flowerpecker Dicaeumchrysorrheum 384. Thick-billed Flowerpecker Dicaeum agile 385. Pale-billed Flowerpecker Dicaeumerythrorhynchos 386. Nilgiri Flowerpecker Dicaeum concolor 387. Plain Flowerpecker Dicaeumminullum 388. Scarlet-backed Flowerpecker Dicaeumcruentatum 389. Fire-breasted Flowerpecker Dicaeumignipectus 390. Rufous-tailed Scrub Robin Cercotrichasgalactotes 391. Indian Robin Saxicoloides fulicatus 392. Oriental Magpie Robin Copsychussaularis 393. White-rumpedShama Kittacinclamalabarica 394. Andaman Shama Kittacinclaalbiventris 395. Spotted Flycatcher Muscicapa striata 396. Dark-sided Flycatcher Muscicapasibirica 397. Asian Brown Flycatcher Muscicapadauurica 398. Brown-breasted Flycatcher Muscicapamuttui 399. Ferruginous Flycatcher Muscicapaferruginea 400. NilgiriSholakili Sholicola major 401. White-bellied Sholakili Sholicolaalbiventris 402. Pale Blue Flycatcher Cyornis unicolor 403. White-bellied Blue Flycatcher Cyornispallidipes 404. Pale-chinned Flycatcher Cyornispoliogenys 405. Large Blue Flycatcher Cyornismagnirostris 406. Hill Blue Flycatcher Cyornisbanyumas 407. Tickell's Blue Flycatcher Cyornistickelliae 408. Blue-throated Flycatcher Cyornisrubeculoides 409. White-tailed Blue Flycatcher Cyornisconcretus 410. Nicobar Jungle Flycatcher Cyornisnicobaricus 411. White-gorgeted Flycatcher Anthipesmonileger 412. Rufous-bellied Niltava Niltavasundara 413. Vivid Niltava Niltavavivida 414. Large Niltava Niltava grandis 415. Small Niltava Niltavamacgrigoriae 416. Blue-and-white Flycatcher Cyanoptilacyanomelana 417. Verditer Flycatcher Eumyiasthalassinus 418. Nilgiri Flycatcher Eumyiasalbicaudatus 419. White-browed Shortwing Brachypteryxmontana 420. Lesser Shortwing BrachypteryxleucophrisSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65 421. Rusty-bellied Shortwing Brachypteryxhyperythra 422. Gould's Shortwing Heteroxenicusstellatus 423. Indian Blue Robin Larvivorabrunnea 424. Siberian Blue Robin Larvivoracyane 425. Bluethroat Luscinia svecica 426. Hodgson's Blue Robin Luscinia phaenicuroides 427. Little Forktail Enicurusscouleri 428. Black-backed Forktail Enicurusimmaculatus 429. Slaty-backed Forktail Enicurusschistaceus 430. White-crowned Forktail Enicurusleschenaulti 431. Spotted Forktail Enicurus maculatus 432. Blue-fronted Robin Cinclidiumfrontale 433. Malabar Whistling Thrush Myophonushorsfieldii 434. Blue Whistling Thrush Myophonus caeruleus 435. Firethroat Calliope pectardens 436. Himalayan Rubythroat Calliope pectoralis 437. Chinese Rubythroat Calliope tschebaiewi 438. Siberian Rubythroat Calliope calliope 439. White-tailed Robin Myiomelaleucura 440. White-browed Bush Robin Tarsiger indicus 441. Golden Bush Robin Tarsigerchrysaeus 442. Red-flanked Bush Robin Tarsigercyanurus 443. Himalayan Bush Robin Tarsigerrufilatus 444. Rufous-breasted Bush Robin Tarsigerhyperythrus 445. Rusty-tailed Flycatcher Ficedularuficauda 446. Kashmir Flycatcher Ficedulasubrubra 447. Red-breasted Flycatcher Ficedula parva 448. Taiga Flycatcher Ficedula albicilla 449. Snowy-browed Flycatcher Ficedulahyperythra 450. Rufous-gorgeted Flycatcher Ficedulastrophiata 451. Ultramarine Flycatcher Ficedulasuperciliaris 452. Little Pied Flycatcher Ficedulawestermanni 453. Mugimaki Flycatcher Ficedulamugimaki 454. Yellow-rumped Flycatcher Ficedulazanthopygia 455. Slaty-blue Flycatcher Ficedula tricolor 456. Black-and-orange Flycatcher Ficedulanigrorufa 457. Pygmy Blue Flycatcher Ficedulahodgsoni 458. Slaty-backed Flycatcher Ficedulasordida 459. Sapphire Flycatcher Ficedulasapphira 460. Eversmann's Redstart Phoenicuruserythronotus 461. Blue-fronted Redstart Phoenicurus frontalis 462. Blue-capped Redstart Phoenicuruscoeruleocephala 463. White-throated Redstart Phoenicurusschisticeps 464. White-capped Water Redstart Phoenicurus leucocephalus 465. Plumbeous Water Redstart Phoenicurusfuliginosus66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 466. Black Redstart Phoenicurusochruros 467. Common Redstart Phoenicurusphoenicurus 468. Daurian Redstart Phoenicurusauroreus 469. White-winged Redstart Phoenicuruserythrogastrus 470. Hodgson's Redstart Phoenicurushodgsoni 471. Blue-capped Rock Thrush Monticolacinclorhyncha 472. Chestnut-bellied Rock Thrush Monticolarufiventris 473. Rufous-tailed Rock Thrush Monticola saxatilis 474. Blue Rock Thrush Monticola solitarius 475. Stoliczka's Bushchat Saxicola macrorhynchus 476. Hodgson's Bushchat Saxicola insignis 477. Siberian Stonechat Saxicola maurus 478. White-tailed Stonechat Saxicola leucurus 479. Pied Bushchat Saxicola caprata 480. Jerdon's Bushchat Saxicola jerdoni 481. Grey Bushchat Saxicola ferreus 482. Northern Wheatear Oenanthe oenanthe 483. Isabelline Wheatear Oenanthe isabellina 484. Desert Wheatear Oenanthe deserti 485. Pied Wheatear Oenanthe pleschanka 486. Brown Rock Chat Oenanthe fusca 487. Variable Wheatear Oenanthe picata 488. Hume's Wheatear Oenanthe albonigra 489. Red-tailed Wheatear Oenanthe chrysopygia 490. Little Grebe Tachybaptus ruficollis 491. Red-necked Grebe Podiceps grisegena 492. Great Crested Grebe Podiceps cristatus 493. Horned Grebe Podiceps auritus 494. Black-headed Ibis Threskiornismelanocephalus 495. Indian Black Ibis Pseudibispapillosa 496. Glossy Ibis Plegadisfalcinellus 497. Common Iora Aegithina tiphia 498. Marshall's Iora Aegithinanigrolutea 499. Rufous Treepie Dendrocittavagabunda 500. Grey Treepie Dendrocitta formosae 501. White-bellied Treepie Dendrocittaleucogastra 502. Collared Treepie Dendrocitta frontalis 503. Andaman Treepie Dendrocittabaileii 504. Red-billed Chough Pyrrhocoraxpyrrhocorax 505. Yellow-billed Chough Pyrrhocoraxgraculus 506. Yellow-billed Blue Magpie Urocissaflavirostris 507. Red-billed Blue Magpie Urocissaerythroryncha 508. Common Green Magpie Cissa chinensis 509. Eurasian Jay Garrulus glandariusSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67 510. Black-headed Jay Garrulus lanceolatus 511. Eurasian Magpie Pica pica 512. Spotted Nutcracker Nucifragacaryocatactes 513. Large-spotted Nutcracker Nucifragamultipunctata 514. Eurasian Jackdaw Corvus monedula 515. Rook Corvus frugilegus 516. Common Raven Corvus corax 517. Carrion Crow Corvus corone 518. Pheasant-tailed Jacana Hydrophasianuschirurgus 519. Bronze-winged Jacana Metopidius indicus 520. Common Hill Partridge Arborophilatorqueola 521. Rufous-throated Hill Partridge Arborophilarufogularis 522. White-cheeked Hill Partridge Arborophilaatrogularis 523. Chestnut-breasted Hill Partridge Arborophilamandellii 524. Common Quail Coturnix coturnix 525. Rain Quail Coturnix coromandelica 526. Blue-breasted Quail Synoicus chinensis 527. Himalayan Snowcock Tetraogallushimalayensis 528. Chukar Partridge Alectoris chukar 529. Snow Partridge Lerwalerwa 530. Jungle Bush Quail Perdicula asiatica 531. Rock Bush Quail Perdiculaargoondah 532. Painted Bush Quail Perdiculaerythrorhyncha 533. Manipur Bush Quail Perdiculamanipurensis 534. Black Francolin Francolinusfrancolinus 535. Painted Francolin Francolinus pictus 536. Chinese Francolin Francolinuspintadeanus 537. Grey Francolin Francolinuspondicerianus 538. Swamp Francolin Francolinusgularis 539. Tibetan Partridge Perdix hodgsoniae 540. Red Spurfowl Galloperdix spadicea 541. Painted Spurfowl Galloperdixlunulata 542. Koklass Pheasant Pucrasiamacrolopha 543. Greater Hoopoe Lark Alaemonalaudipes 544. Rufous-tailed Lark Ammomanesphoenicura 545. Desert Lark Ammomanesdeserti 546. Black-crowned Sparrow Lark Eremopterixnigriceps 547. Ashy-crowned Sparrow Lark Eremopterix griseus 548. Singing Bushlark Mirafracantillans 549. Bengal Bushlark Mirafraassamica 550. Indian Bushlark Mirafraerythroptera 551. Jerdon's Bushlark Mirafraaffinis 552. Lesser Short-toed Lark Alaudalarufescens 553. Sand Lark Alaudala raytal 554. Bimaculated Lark Melanocoryphabimaculata 555. Tibetan Lark Melanocorypha maxima 556. Hume's Short-toed Lark Calandrellaacutirostris 557. Greater Short-toed Lark Calandrellabrachydactyla 558. Sykes's Short-toed Lark Calandrelladukhunensis 559. Horned Lark Eremophila alpestris 560. Eurasian Skylark Alauda arvensis 561. Oriental Skylark Alauda gulgula 562. Crested Lark Galerida cristata 563. Malabar Lark Galeridamalabarica 564. Sykes's Lark Galerida deva68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 565. Grey-headed Parakeet Psittaculafinschii 566. Slaty-headed Parakeet Psittaculahimalayana 567. Blossom-headed Parakeet Psittacularoseata 568. Plum-headed Parakeet Psittaculacyanocephala 569. Lord Derby's Parakeet Psittaculaderbiana 570. Long-tailed Parakeet Psittaculalongicauda 571. Malabar Parakeet Psittaculacolumboides 572. Alexandrine Parakeet Psittaculaeupatria 573. Rose-ringed Parakeet Psittaculakrameri 574. Nicobar Parakeet Psittaculacaniceps 575. Vernal Hanging Parrot Loriculusvernalis 576. Nicobar Megapode Megapodius nicobariensis 577. White-bellied Minivet Pericrocotuserythropygius 578. Small Minivet Pericrocotus cinnamomeus 579. Grey-chinned Minivet Pericrocotussolaris 580. Short-billed Minivet Pericrocotusbrevirostris 581. Long-tailed Minivet Pericrocotusethologus 582. Scarlet Minivet Pericrocotusflammeus 583. Ashy Minivet Pericrocotusdivaricatus 584. Swinhoe's Minivet Pericrocotuscantonensis 585. Rosy Minivet Pericrocotus roseus 586. Large Cuckooshrike Coracinajavensis 587. Andaman Cuckooshrike Coracinadobsoni 588. Pied Triller Lalage nigra 589. Black-winged Cuckooshrike Lalage melaschistos 590. Black-headed Cuckooshrike Lalage melanoptera 591. Common Starling Sturnus vulgaris 592. Rosy Starling Pastor roseus 593. Purple-backed Starling Agropsarsturninus 594. Chestnut-cheeked Starling Agropsarphilippensis 595. Asian Pied Starling Gracupica contra 596. Brahminy Starling Sturniapagodarum 597. Chestnut-tailed Starling Sturniamalabarica 598. White-headed Starling Sturniaerythropygia 599. White-cheeked Starling Spodiopsarcineraceus 600. Common Myna Acridotheres tristis 601. Bank Myna Acridotheresginginianus 602. Jungle Myna Acridotheresfuscus 603. Collared Myna Acridotheresalbocinctus 604. Great Myna Acridotheres grandis 605. Spot-winged Starling Saroglossaspilopterus 606. Southern Hill Myna Gracula indica 607. Golden-crested Myna Ampelicepscoronatus 608. Asian Glossy Starling Aplonispanayensis 609. Great Eared Nightjar Lyncornismacrotis 610. Grey Nightjar Caprimulgus jotaka 611. Jungle Nightjar Caprimulgus indicus 612. European Nightjar Caprimulgus europaeus 613. Sykes's Nightjar Caprimulgus mahrattensis 614. Jerdon's Nightjar Caprimulgus atripennis 615. Large-tailed Nightjar Caprimulgus macrurus 616. Andaman Nightjar Caprimulgus andamanicus 617. Indian Nightjar Caprimulgus asiaticus 618. Savanna Nightjar Caprimulgus affinis 619. Maroon Oriole OriolustrailliiSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69 620. Black-hooded Oriole Oriolusxanthornus 621. Eurasian Golden Oriole Oriolusoriolus 622. Indian Golden Oriole Orioluskundoo 623. Black-naped Oriole Oriolus chinensis 624. Slender-billed Oriole Oriolustenuirostris 625. Brown Hawk Owl Ninoxscutulata 626. Hume's Hawk Owl Ninox obscura 627. Andaman Hawk Owl Ninoxaffinis 628. Collared Owlet Glaucidium brodiei 629. Asian Barred Owlet Glaucidium cuculoides 630. Jungle Owlet Glaucidium radiatum 631. Spotted Owlet Athene brama 632. Little Owl Athene noctua 633. Boreal Owl Aegoliusfunereus 634. Andaman Scops Owl Otus balli 635. Mountain Scops Owl Otus spilocephalus 636. Eurasian Scops Owl Otus scops 637. Pallid Scops Owl Otus brucei 638. Oriental Scops Owl Otus sunia 639. Nicobar Scops Owl Otus alius 640. Indian Scops Owl Otus bakkamoena 641. Collared Scops Owl Otus lettia 642. Northern Long-eared Owl Asiootus 643. Short-eared Owl Asioflammeus 644. Mottled Wood Owl Strix ocellata 645. Brown Wood Owl Strixleptogrammica 646. Tawny Owl Strixaluco 647. Himalayan Owl Strixnivicolum 648. Eurasian Eagle Owl Bubo bubo 649. Indian Eagle Owl Bubo bengalensis 650. Spot-bellied Eagle Owl Bubo nipalensis 651. Dusky Eagle Owl Bubo coromandus 652. Brown Fish Owl Ketupazeylonensis 653. Tawny Fish Owl Ketupaflavipes 654. Buffy Fish Owl Ketupaketupu 655. Eurasian Oystercatcher Haematopusostralegus 656. Great White Pelican Pelecanusonocrotalus 657. Spot-billed Pelican Pelecanusphilippensis 658. Dalmatian Pelican Pelecanus crispus 659. Rock Pigeon Columba livia 660. Hill Pigeon Columba rupestris 661. Snow Pigeon Columba leuconota 662. Yellow-eyed Pigeon Columba eversmanni 663. Common Wood Pigeon Columba palumbus 664. Speckled Wood Pigeon Columba hodgsonii 665. Ashy Wood Pigeon Columba pulchricollis 666. Nilgiri Wood Pigeon Columba elphinstonii 667. Pale-capped Pigeon Columba punicea 668. Andaman Wood Pigeon Columba palumboides 669. European Turtle Dove Streptopeliaturtur 670. Oriental Turtle Dove Streptopeliaorientalis 671. Eurasian Collared Dove Streptopeliadecaocto 672. Red Collared Dove Streptopeliatranquebarica 673. Spotted Dove Streptopelia chinensis 674. Laughing Dove Streptopelia senegalensis70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 675. Barred Cuckoo Dove Macropygiaunchall 676. Andaman Cuckoo Dove Macropygiarufipennis 677. Orange-breasted Green Pigeon Treronbicinctus 678. Ashy-headed Green Pigeon Treronphayrei 679. Grey-fronted Green Pigeon Treronaffinis 680. Andaman Green Pigeon Treronchloropterus 681. Thick-billed Green Pigeon Treroncurvirostra 682. Yellow-legged Green Pigeon Treronphoenicopterus 683. Pin-tailed Green Pigeon Treronapicauda 684. Wedge-tailed Green Pigeon Treronsphenurus 685. Nicobar Pigeon Caloenasnicobarica 686. Asian Emerald Dove Chalcophaps indica 687. Namaqua Dove Oena capensis 688. Green Imperial Pigeon Duculaaenea 689. Mountain Imperial Pigeon Duculabadia 690. Pied Imperial Pigeon Duculabicolor 691. Forest Wagtail Dendronanthus indicus 692. Tree Pipit Anthustrivialis 693. Olive-backed Pipit Anthushodgsoni 694. Red-throated Pipit Anthuscervinus 695. Rosy Pipit Anthusroseatus 696. Buff-bellied Pipit Anthusrubescens 697. Water Pipit Anthusspinoletta 698. Upland Pipit Anthussylvanus 699. Nilgiri Pipit Anthusnilghiriensis 700. Richard's Pipit Anthusrichardi 701. Paddyfield Pipit Anthusrufulus 702. Blyth's Pipit Anthusgodlewskii 703. Tawny Pipit Anthus campestris 704. Long-billed Pipit Anthussimilis 705. Western Yellow Wagtail Motacilla flava 706. Grey Wagtail Motacilla cinerea 707. Citrine Wagtail Motacillacitreola 708. Eastern Yellow Wagtail Motacillatschutschensis 709. White-browed Wagtail Motacillamaderaspatensis 710. White Wagtail Motacilla alba 711. Blue-naped Pitta Hydrornisnipalensis 712. Blue Pitta Hydrornis cyaneus 713. Indian Pitta Pittabrachyura 714. Blue-winged Pitta Pittamoluccensis 715. Mangrove Pitta Pittamegarhyncha 716. Hooded Pitta Pittasordida 717. Grey Plover Pluvialissquatarola 718. Eurasian Golden Plover Pluvialisapricaria 719. Pacific Golden Plover Pluvialis fulva 720. Common Ringed Plover Charadrius hiaticula 721. Long-billed Plover Charadrius placidus 722. Little Ringed Plover Charadrius dubius 723. Kentish Plover Charadrius alexandrinus 724. Lesser Sand Plover Charadrius mongolus 725. Greater Sand Plover Charadrius leschenaultii 726. Caspian Plover Charadrius asiaticus 727. Oriental Plover Charadrius veredus 728. Northern Lapwing Vanellusvanellus 729. River Lapwing VanellusduvauceliiSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71 730. Yellow-wattled Lapwing Vanellusmalabaricus 731. Grey-headed Lapwing Vanellus cinereus 732. Red-wattled Lapwing Vanellus indicus 733. Sociable Lapwing Vanellusgregarius 734. White-tailed Lapwing Vanellusleucurus 735. Indian Roller Coracias benghalensis 736. European Roller Coracias garrulus 737. Dollarbird Eurystomus orientalis 738. Tibetan Sandgrouse Syrrhaptestibetanus 739. Pallas's Sandgrouse Syrrhaptes paradoxus 740. Pin-tailed Sandgrouse Pteroclesalchata 741. Chestnut-bellied Sandgrouse Pteroclesexustus 742. Spotted Sandgrouse Pteroclessenegallus 743. Black-bellied Sandgrouse Pteroclesorientalis 744. Painted Sandgrouse Pterocles indicus 745. Whimbrel Numenius phaeopus 746. Eurasian Curlew Numenius arquata 747. Bar-tailed Godwit Limosalapponica 748. Black-tailed Godwit Limosalimosa 749. Ruddy Turnstone Arenaria interpres 750. Great Knot Calidris tenuirostris 751. Red Knot Calidris canutus 752. Ruff Calidris pugnax 753. Broad-billed Sandpiper Calidris falcinellus 754. Sharp-tailed Sandpiper Calidris acuminata 755. Curlew Sandpiper Calidris ferruginea 756. Temminck's Stint Calidris temminckii 757. Long-toed Stint Calidris subminuta 758. Spoon-billed Sandpiper Calidris pygmaea 759. Red-necked Stint Calidris ruficollis 760. Sanderling Calidris alba 761. Dunlin Calidris alpina 762. Little Stint Calidris minuta 763. Buff-breasted Sandpiper Calidris subruficollis 764. Pectoral Sandpiper Calidris melanotos 765. Asian Dowitcher Limnodromussemipalmatus 766. Long-billed Dowitcher Limnodromusscolopaceus 767. Eurasian Woodcock Scolopaxrusticola 768. Solitary Snipe Gallinago solitaria 769. Wood Snipe Gallinagonemoricola 770. Pintail Snipe Gallinagostenura 771. Swinhoe's Snipe Gallinagomegala 772. Great Snipe Gallinago media 773. Common Snipe Gallinagogallinago 774. Jack Snipe Lymnocryptes minimus 775. Terek Sandpiper Xenus cinereus 776. Common Sandpiper Actitishypoleucos 777. Green Sandpiper Tringaochropus 778. Grey-tailed Tattler Tringabrevipes 779. Spotted Redshank Tringaerythropus 780. Common Greenshank Tringanebularia 781. Common Redshank Tringatotanus 782. Wood Sandpiper Tringaglareola 783. Marsh Sandpiper Tringastagnatilis 784. Red-necked Phalarope Phalaropuslobatus72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 785. Red Phalarope Phalaropus fulicarius 786. Indian Thick-knee Burhinus indicus 787. Great Thick-knee Esacusrecurvirostris 788. Beach Thick-knee Esacusmagnirostris 789. Greater Adjutant Leptoptilosdubius 790. Lesser Adjutant Leptoptilosjavanicus 791. Painted Stork Mycteria leucocephala 792. Asian Openbill Anastomusoscitans 793. Black Stork Ciconia nigra 794. Woolly-necked Stork Ciconia episcopus 795. European White Stork Ciconia ciconia 796. Black-necked Stork Ephippiorhynchus asiaticus 797. Little Spiderhunter Arachnotheralongirostra 798. Streaked Spiderhunter Arachnothera magna 799. Ruby-cheeked Sunbird Chalcopariasingalensis 800. Purple-rumped Sunbird Leptocomazeylonica 801. Crimson-backed Sunbird Leptocoma minima 802. Van Hasselt's Sunbird Leptocomabrasiliana 803. Purple Sunbird Cinnyris asiaticus 804. Olive-backed Sunbird Cinnyris jugularis 805. Loten's Sunbird Cinnyrislotenius 806. Fire-tailed Sunbird Aethopygaignicauda 807. Black-throated Sunbird Aethopygasaturata 808. Green-tailed Sunbird Aethopyganipalensis 809. Mrs Gould's Sunbird Aethopygagouldiae 810. Vigors's Sunbird Aethopygavigorsii 811. Crimson Sunbird Aethopygasiparaja 812. Grandala Grandalacoelicolor 813. Long-tailed Thrush Zootheradixoni 814. Alpine Thrush Zootheramollissima 815. Himalayan Forest Thrush Zootherasalimalii 816. Dark-sided Thrush Zootheramarginata 817. Long-billed Thrush Zootheramonticola 818. Scaly Thrush Zootheradauma 819. Purple Cochoa Cochoa purpurea 820. Green Cochoa Cochoaviridis 821. Siberian Thrush Geokichlasibirica 822. Pied Thrush Geokichlawardii 823. Orange-headed Thrush Geokichlacitrina 824. Chinese Thrush Otocichlamupinensis 825. Mistle Thrush Turdus viscivorus 826. Song Thrush Turdus philomelos 827. Grey-winged Blackbird Turdus boulboul 828. Indian Blackbird Turdus simillimus 829. Black-breasted Thrush Turdus dissimilis 830. Tickell's Thrush Turdus unicolor 831. Eyebrowed Thrush Turdus obscurus 832. Grey-sided Thrush Turdus feae 833. Kessler's Thrush Turdus kessleri 834. Tibetan Blackbird Turdus maximus 835. Fieldfare Turdus pilaris 836. White-collared Blackbird Turdus albocinctus 837. Chestnut Thrush Turdus rubrocanus 838. Dusky Thrush Turdus eunomus 839. Black-throated Thrush Turdus atrogularisSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73 840. Red-throated Thrush Turdus ruficollis 841. Fire-capped Tit Cephalopyrusflammiceps 842. Yellow-browed Tit Sylviparusmodestus 843. Sultan Tit Melanochlora sultanea 844. Coal Tit Periparus ater 845. Rufous-naped Tit Periparusrufonuchalis 846. Rufous-vented Tit Periparusrubidiventris 847. Grey-crested Tit Lophophanesdichrous 848. Azure Tit Cyanistes cyanus 849. Ground Tit Pseudopodoces humilis 850. Green-backed Tit Parus monticolus 851. Cinereous Tit Parus cinereus 852. White-naped Tit Machlolophusnuchalis 853. Black-lored Tit Machlolophusxanthogenys 854. Yellow-cheeked Tit Machlolophusspilonotus 855. Malabar Trogon Harpactes fasciatus 856. Red-headed Trogon Harpactes erythrocephalus 857. Ward's Trogon Harpacteswardi 858. Indian Swiftlet Collocalia unicolor 859. Edible-nest Swiftlet Collocalia fuciphaga 860. Black-breasted Weaver Ploceusbenghalensis 861. Streaked Weaver Ploceusmanyar 862. Baya Weaver Ploceusphilippinus 863. Finn's Weaver Ploceusmegarhynchus 864. Oriental White-eye Zosteropspalpebrosus PART C : REPTILES S. No.Common Name Scientific Name 1. Indian Golden Geck Calodactylodes aureus 2. Indian Soft-shell Turtle Lissemys punctate 3. Indian Tent Turtle Kachuga tecta 4. Indian Egg-eating Snake Elachistodonwestermanni 5. Red Sand Boa Eryxjohnii 6. Checkered Keelback Xenochrophis piscator 7. Dhaman or Rat Snake Ptyas mucosa 8. Dog faced Water Snake Cerberus rynchops 9. Olive Keelback Water Snake Atretiumschistosum 10. Indian Rock Python Pythonmolurusmolurus 11. BurmesePython Pythonmolurusbivittatus 12. Reticulated Python Malayapython reticulatus PART D : AMPHIBIANS S. No.Common Name Scientific Name 1. Asian bullfrog/Indian bullfrog Hoplobatrachustigerinus 2. Jerdon's/South Indian bullfrog Hoplobatrachuscrassus 3. Indian Green/Indian Five-fingered Frog Euphlyctishexadactylus74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 4. Kemp's tree toad Pedostibeskempi 5. Malabar tree toad Pedostibes tuberculosus PART E : INSECTS Sl.No. Common Name Scientific Name 1. White Dragontail Butterfly Lamproptera curius 2. Fivebar Swordtail Butterfly Graphium antiphates 3. Fourbar Swordtail Butterfly Graphium agetes 4. Common banded Peacock Butterfly Papilio crino 5. Paris Peacock Butterfly Papilio paris 6. Blue Mormon Butterfly Papilio polymnestor 7. Great Mormon Butterfly Papilio memnon 8. Andaman Mormon Butterfly Papilio mayo 9. Malabar Banded Peacock Butterfly Papilio buddha 10. Crimson RoseButterfly Atrophaneura hector 11. Golden Birdwing Butterfly Troidesaeacus 12. Southern Birdwing Butterfly Troidesminos 13. Magpie Crow Butterfly Euploea radamanthus 14. Malabar Tree Nymph Butterfly Idea malabarica 15. Orange Oakleaf Butterfly Kallima inachus 16. Blue Oakleaf Butterfly Kallima horsfieldi 17. Danaid Eggfly Butterfly Hypolimnas misippus 18. Leopard Lacewing Butterfly Cethosia cyane 19. Tamil Lacewing Butterfly Cethosia nietneri 20. Queen of Spain Fritillary Butterfly Issoria lathonia 21. White Commodore Butterfly Parasarpa dudu 22. Clipper Butterfly Parthenos sylvia 23. Blue Duchess Butterfly Euthalia dudu 24. Panther Butterfly Neurosigma siva 25. Archduke Butterfly Lexias pardalis 26. Common Map Butterfly Cyrestis thyodamas 27. Painted Courtesan Butterfly Euripus consimilis 28. Camberwell Beauty Butterfly Nymphalis antiopa 29. Ringed Argus Butterfly Callerebiaannadaannada 30. Fuliginous Sailer Butterfly Lasippa ebusa ebusa 31. Yellowjack Sailer Butterfly Lasippa viraja nar 32. Variegated Sailer Butterfly Neptis armandia 33. Chinese Yellow Sailer Butterfly Neptis kirbariensis 34. Pale Hockeystick Sailer Butterfly Neptis manasa manasa 35. Hockeystick Sailer Butterfly Neptis nycteus 36. Great Hockeystick Sailer Butterfly Phaedyma aspasia 37. Red-disc Bushbrown Butterfly Mycalesis oculus 38. Short-banded Sailer Butterfly Phaedyma columella binghami 39. Tytler's Lascar Butterfly Pantoporia beiti paona 40. Common Pierrot Butterfly Castalius rosimon alarbus 41. Orchid Tit Butterfly Chliaria othona 42. Wonderfull Hairstreak Butterfly Chrysozephyrus zullaSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75 43. Watson's Hairstreak Butterfly Chrysozephyrus disparatus pseudoletha 44. Paona Hairstreak Butterfly Chrysozephyrus paona 45. Cornelian Butterfly Deudorix epijarbus amatius 46. Peacock Hairstreak Butterfly Euaspa pavo 47. Hybrid Sapphire Butterfly Heliophorus brahma 48. Violet Onyx Butterfly Horaga albimacula 49. Ferrar's Cerulean Butterfly Jamides ferrari ferrari 50. Tytler's Dull Oakblue Butterfly Arhopala arata 51. Rosy Oakblue Butterfly Arhopala constanceae 52. Opal Oakblue Butterfly Nilasera opalina 53. Lister's Hairstreak Butterfly Pamela dudgeoni 54. Dark Blue Royal Butterfly Pratapa icetas mishmia 55. Elwes' Silverline Butterfly Spindasis elwesi 56. Khaki Silverline Butterfly Aphnaeus rumini 57. Mackwood's Hairstreak Butterfly Thecla mackwoodi 58. Anisozygopteran Dragonfly Epiophlebialaidlawi PART F : MOLLUSCA Sl.No. Scientific Name 1. Cypraealimacina 2. Cypraeamappa 3. Cypraeatalpa 4. Pleuroploca trapezium 5. Harpulinaarausiaca 6. Lambis chiragra arthritica 7. Lambis chiragra chiragra 8. Lambiscrocatacrocata 9. Lambismillepeda 10. Lambisscorpius 11. Lambistruncatatruncata 12. Placuna placenta 13. Strombusplicatussibbaldi 14. Trochus niloticus PART G : SPONGES 1. Clathrina coriacea 2. Pericharaxheteroraphis 3. Leucandradonani var tenuiradiata 4. Leucandradwarkensis 5. Leucandrawasinensis 6. Leuconia johnstoni 7. Ute syconoides 8. Grantessahastifera 9. Heteropiaglomerosa 10. Sycon grantioides76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SCHEDULE III (See Chapter IIIA and sections 50, 51, 54 and 57) SPECIFIED PLANTS Sl.No. Scientific Name Local name Family Distribution 1 Strobilantheskunthianus Neel kurinji Acanthaceae S.W. Ghats 2 Coptisteeta Gold threat, Ranunculaceae Arunachal Pradesh Mishmi teeta 3 Cosciniumfenestratum Tree turmeric Menispermaceae S.W.Ghats 4 Taxus wallichiana Common yew Taxaceae Himalayas 5 Vanda coerulea Blue vanda Orchidaceae North East India 6 Nepenthes khasiana Pitcher plant Nepenthaceae Meghalaya 7 Renanthera imschootiana Red vanda Orchidaceae Eastern Himalaya 8 Cycads Cycadaceae Peninsular India, Andaman and Nicobar Islands, North East India 9 Ceropegias Apocynaceae Peninsular India, North East India 10 Aenhenrya rotundifolia Orchidaceae Southern Western Ghats 11 Odontochilusgrandiflorus Orchidaceae North East India, West Bengal, Sikkim 12 Odontochilustetrapterus Orchidaceae Manipur 13 Rhomboda pulchra Orchidaceae North East India Eastern Himalayas 14 Vrydagzyneaviridiflora Orchidaceae Assam 15 Zeuxineandamanica Orchidaceae Andaman and Nicobar Islands 16 Ipseamalabarica Daffodil orchid Orchidaceae Silent Valley (Kerala) 17 Habenariabarnesii Orchidaceae Nilgiris- Shola, Tamil Nadu 18 Podophyllum hexandrum Indian podohyllum Podophyllaceae Himalayas SCHEDULE IV Interpretation (See Chapter VB and sections 39, 50, 51, 54 and 57) 1. Species included in these Appendices are referred to: (a) by the name of the species; or (b) as being all of the species included in a higher taxon or designated part thereof. 2. The abbreviation "spp." is used to denote all species of a higher taxon. 3. Other references to taxa higher than species are for the purposes of information or classification only. The common names included after the scientific names of families are for reference only. They are intended to indicate the species within the family concerned that are included in the Appendices. In most cases this is not all of the species within the family. 4. The following abbreviations are used for plant taxa below the level of species: (a) "ssp." is used to denote sub-species; and (b) "var(s)." is used to denote variety (varieties). 5. As none of the species or higher taxa of FLORA included in Appendix I is annotated to the effect that its hybrids shall be treated in accordance with the provisions of Article III of the Convention, this means that artificially propagated hybrids produced from one or more of these species or taxa may be traded with a certificate of artificial propagation, and that seeds and pollen (including pollinia), cut flowers, seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers of these hybrids are not subject to the provisions of the Convention.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77 6. The names of the countries in parentheses placed against the names of species in Appendix III are those of the Parties submitting these species for inclusion in this Appendix. 7. When a species is included in one of the Appendices, the whole, live or dead, animal or plant is included. In addition, for animal species listed in Appendix III and plant species listed in Appendix II or III, all parts and derivatives of the species are also included in the same Appendix unless the species is annotated to indicate that only specific parts and derivatives are included. The symbol # followed by a number placed against the name of a species or higher taxon included in Appendix II or III refers to a foot note that indicates the parts or derivatives of animals or plants that are designated as 'specimens' subject to the provisions of the Convention in accordance with Article I, paragraph (b), sub-paragraph (ii) or (iii). 8. The terms and expressions below, used in annotations in these Appendices, are defined as follows: Extract Any substance obtained directly from plant material by physical or chemical means regardless of the manufacturing process. An extract may be solid (e.g. crystals, resin, fine or coarse particles), semi-solid (e.g. gums, waxes) or liquid (e.g. solutions, tinctures, oil and essential oils). Finished musical instruments A musical instrument (as referenced by the Harmonized System of the World Customs Organization, Chapter 92; musical instruments, parts and accessories of such articles) that is ready to play or needs only the installation of parts to make it playable. This term includes antique instruments (as defined by the Harmonized System codes 97.05 and 97.06; Works of art, collectors' pieces and antiques). Finished musical instrument accessories A musical instrument accessory (as referenced by the Harmonized System of the World Customs Organisation, Chapter 92; musical instruments, parts and accessories of such articles) that is separate from the musical instrument, and is specifically designed or shaped to be used explicitly in association with an instrument, and that requires no further modification to be used. Finished musical instrument parts A part (as referenced by the Harmonized System of the World Customs Organisation, Chapter 92; musical instruments, parts and accessories of such articles) of a musical instrument that is ready to install and is specifically designed and shaped to be used explicitly in association with the instrument to make it playable. Finished products packaged and ready for retail trade Products, shipped singly or in bulk, requiring no further processing, packaged, labelled for final use or the retail trade in a state fit for being sold to or used by the general public. Powder A dry, solid substance in the form of fine or coarse particles. Shipment Cargo transported under the terms of a single bill of lading or air waybill, irrespective of the quantity or number of containers, packages, or pieces worn, carried or included in personal baggage.78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Ten (10) kg per shipment For the term "10 kg per shipment", the 10 kg limit should be interpreted as referring to the weight of the individual portions of each item in the shipment made of wood of the species concerned. In other words, the 10 kg limit is to be assessed against the weight of the individual portions of wood of Dalbergia/Guibourtia species contained in each item of the shipment, rather than against the total weight of the shipment. Transformed wood Defined by Harmonized System code 44.09: Wood (including strips, friezes for parquet flooring, not assembled), continuously shaped (tongued, grooved, v-jointed, beaded or the like) along any edges, ends or faces, whether or not planed, sanded or end-jointed. Woodchips Wood that has been reduced to small pieces. APPENDIX I FAUNA (ANIMALS) PHYLUM CHORDATA CLASS MAMMALIA (MAMMALS) ARTIODACTYLA Antilocapridae Pronghorns 1 Antilocapra americana (Only the population of Mexico is included in Appendix I. No other population is included in the Appendices.) Bovidae Antelopes, cattle, duikers, gazelles, goats, sheep, etc. 2 Addax nasomaculatus 3 Bos gaurus (Excludes the domesticated form, which is referenced as Bos frontalis, and is not subject to the provisions of the Convention.) 4 Bos mutus (Excludes the domesticated form, which is referenced as Bos grunniens, and is not subject to the provisions of the Convention.) 5 Bos sauveli 6 Bubalus depressicornis 7 Bubalus mindorensis 8 Bubalus quarlesi 9 Capra falconeri 10 Capricornismilneedwardsii 11 Capricornisrubidus 12 Capricornissumatraensis 13 Capricornis thar 14 Cephalophusjentinki 15 Gazella cuvieri 16 Gazella leptoceros 17 Hippotragus nigervariani 18 Naemorhedus baileyiSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79 19 Naemorhedus caudatus 20 Naemorhedus goral 21 Naemorhedus griseus 22 Nangerdama 23 Oryx dammah 24 Oryx leucoryx 25 Ovis gmelini (Only the population of Cyprus; no other population is included in the Appendices) 26 Ovis hodgsoni 27 Ovis nigrimontana 28 Ovis vignei 29 Pantholopshodgsonii 30 Pseudoryxnghetinhensis Camelidae Camels, guanacos, vicunas 31 Vicugna vicugna [Except the populations of: Argentina (the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan), Chile (populations of the region of Tarapacá and of the region of Arica and Parinacota), Ecuador (the whole population), Peru (the whole population) and the Plurinational State of Bolivia (the whole population), which are included in Appendix II] Cervidae Deer, huemuls, muntjacs, pudus 32 Axis calamianensis 33 Axis kuhlii 34 Axis porcinusannamiticus 35 Blastocerusdichotomus 36 Cervus elaphus hanglu 37 Damadamamesopotamica 38 Hippocamelus spp. 39 Muntiacuscrinifrons 40 Muntiacusvuquanghensis 41 Ozotocerosbezoarticus 42 Pudupuda 43 Rucervusduvaucelii 44 Rucervuseldii Giraffidae Giraffes Hippopotamidae Hippopotamuses Moschidae Musk deer 45 Moschus spp. [(Only the populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan; all other populations are included in Appendix II)]80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Suidae Babirusa, hogs, pigs 46 Babyrousababyrussa 47 Babyrousabolabatuensis 48 Babyrousacelebensis 49 Babyrousatogeanensis 50 Sus salvanius Tayassuidae Peccaries 51 Catagonuswagneri CARNIVORA Ailuridae Red pandas 52 Ailurus fulgens Canidae Dogs, foxes, wolves 53 Canis lupus (Only the populations of Bhutan, India, Nepal and Pakistan; all other populations are included in Appendix II. Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo, respectively, which are not subject to the provisions of the Convention) 54 Speothosvenaticus Felidae Cats 55 Acinonyx jubatus (Annual export quotas for live specimens and hunting trophies are granted as follows: Botswana: 5; Namibia: 150; Zimbabwe: 50. The trade in such specimens is subject to the provisions of Article III of the Convention.) 56 Caracal caracal (Only the population of Asia; all other populations are included in Appendix II.) 57 Catopumatemminckii 58 Felis nigripes 59 Herpailurusyagouaroundi (Only the populations of Central and North America; all other populations are included in Appendix II) 60 Leopardus geoffroyi 61 Leopardusguttulus 62 Leopardusjacobita 63 Leopardus pardalis 64 Leopardustigrinus 65 Leoparduswiedii 66 Lynx pardinus 67 Neofelisdiardi 68 Neofelisnebulosa 69 Panthera leo (Only the populations of India; all other populations are included in Appendix II.)SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81 70 Panthera onca 71 Panthera pardus 72 Panthera tigris 73 Panthera uncia 74 Pardofelis marmorata 75 Prionailurus bengalensis bengalensis (Only the populations of Bangladesh, India and Thailand; all other populations are included in Appendix II.) 76 Prionailurusplaniceps 77 Prionailurusrubiginosus (Only the population of India; all other populations are included in Appendix II.) 78 Puma concolor (Only the populations of Costa Rica and Panama; all other populations are included in Appendix II) Otters 79 Aonyx capensis microdon (Only the populations of Cameroon and Nigeria; all other populations are included in Appendix II.) 80 Aonyx cinerea 81 Enhydra lutris nereis 82 Lontrafelina 83 Lontralongicaudis 84 Lontraprovocax 85 Lutralutra 86 Lutranippon 87 Lutrogaleperspicillata 88 Pteronurabrasiliensis Mustelinae Grisons, honey badgers, martens, tayra, weasels 89 Mustela nigripes Otariidae Fur seals, sealions 90 Arctocephalus townsendi Phocidae Seals 91 Monachus spp. Ursidae Bears, giant pandas 92 Ailuropoda melanoleuca 93 Helarctosmalayanus 94 Melursus ursinus 95 Tremarctosornatus 96 Ursus arctos (Only the populations of Bhutan, China, Mexico and Mongolia; all other populations are included in Appendix II.)82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 97 Ursus arctos isabellinus 98 Ursus thibetanus Viverridae Binturong, civets, linsangs, otter-civet, palm civets 99 Prionodonpardicolor CETACEA DOLPHINS, PORPOISES, WHALES Balaenidae Bowhead whale, right whales 100 Balaena mysticetus 101 Eubalaena spp. Balaenopteridae Fin whales, humpback whales, rorquals 102 Balaenoptera acutorostrata (Except the population of West Greenland, which is included in Appendix II.) 103 Balaenoptera bonaerensis 104 Balaenoptera borealis 105 Balaenoptera edeni 106 Balaenoptera musculus 107 Balaenoptera omurai 108 Balaenoptera physalus (All stocks.) 109 Megaptera novaeangliae Delphinidae Dolphins 110 Orcaellabrevirostris 111 Orcaellaheinsohni 112 Sotalia spp. 113 Sousa spp. Eschrichtiidae Grey whale 114 Eschrichtius robustus Iniidae River dolphins 115 Lipotesvexillifer Neobalaenidae Pygmy right whale 116 Capereamarginata Phocoenidae Porpoises 117 Neophocaenaasiaeorientalis 118 Neophocaenaphocaenoides 119 Phocoena sinus Physeteridae Sperm whales 120 Physeter macrocephalusSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83 Platanistidae River dolphins 121 Platanista spp. Ziphiidae Beaked whales, bottle- nosed whales 122 Berardius spp. 123 Hyperoodon spp. CHIROPTERA Phyllostomidae Broad-nosed bats Pteropodidae Fruit bats, flying foxes 124 Acerodon jubatus 125 Pteropusinsularis 126 Pteropusloochoensis 127 Pteropusmariannus 128 Pteropusmolossinus 129 Pteropuspelewensis 130 Pteropuspilosus 131 Pteropussamoensis 132 Pteropustonganus 133 Pteropusualanus 134 Pteropusyapensis CINGULATA Dasypodidae Armadillos 135 Priodontes maximus DASYUROMORPHIA Dasyuridae Dunnarts 136 Sminthopsislongicaudata 137 Sminthopsispsammophila DIPROTODONTIA Macropodidae Kangaroos, wallabies 138 Lagorchesteshirsutus 139 Lagostrophus fasciatus 140 Onychogaleafraenata Potoroidae Rat-kangaroos 141 Bettongia spp. Vombatidae Wombats 142 Lasiorhinuskrefftii LAGOMORPHA Leporidae Hares, rabbits 143 Caprolagushispidus84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 144 Romerolagusdiazi PERAMELEMORPHIA Peramelidae Bandicoots, echymiperas 145 Peramelesbougainville Thylacomyidae Bilbies 146 Macrotis lagotis PERISSODACTYLA Equidae Horses, wild asses, zebras 147 Equus africanus (Excludes the domesticated form, which is referenced as Equus asinus and is not subject to the provisions of the Convention.) 148 Equus grevyi 149 Equus hemionus hemionus 150 Equus hemionus khur 151 Equus przewalskii Rhinocerotidae Rhinoceroses 152 Rhinocerotidae spp. ( Except the species included in Appendix II) Tapiridae Tapirs 153 Tapiridae spp. ( Except the species included in Appendix II) PHOLIDOTA Manidae Pangolins 154 Manis crassicaudata 155 Manis culionensis 156 Manis gigantea 157 Manis javanica 158 Manis pentadactyla 159 Manis temminckii 160 Manis tetradactyla 161 Manis tricuspis PRIMATES APES, MONKEYS Atelidae Howler monkeys, spider monkeys 162 Alouatta coibensis 163 Alouatta palliata 164 Alouatta pigra 165 Ateles geoffroyi frontatus 166 Ateles geoffroyi ornatus 167 BrachytelesarachnoidesSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85 168 Brachyteleshypoxanthus 169 Oreonaxflavicauda Cebidae Marmosets, tamarins, new-world monkeys 170 Callimicogoeldii 171 Callithrix aurita 172 Callithrix flaviceps 173 Leontopithecus spp. 174 Saguinusbicolor 175 Saguinus geoffroyi 176 Saguinusleucopus 177 Saguinusmartinsi 178 Saguinusoedipus 179 Saimiri oerstedii Cercopithecidae Old-world monkeys 180 Cercocebusgaleritus 181 Cercopithecus diana 182 Cercopithecus roloway 183 Macaca silenus 184 Macaca sylvanus 185 Mandrillusleucophaeus 186 Mandrillus sphinx 187 Nasalis larvatus 188 Piliocolobuskirkii 189 Piliocolobusrufomitratus 190 Presbytis potenziani 191 Pygathrix spp. 192 Rhinopithecus spp. 193 Semnopithecus ajax 194 Semnopithecus dussumieri 195 Semnopithecus entellus 196 Semnopithecus hector 197 Semnopithecus hypoleucos 198 Semnopithecus priam 199 Semnopithecus schistaceus 200 Simias concolor 201 Trachypithecusgeei 202 Trachypithecuspileatus 203 Trachypithecusshortridgei Cheirogaleidae Dwarf lemurs 204 Cheirogaleidae spp. Daubentoniidae Aye-aye 205 Daubentoniamadagascariensis86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Hominidae Apes, chimpanzees, gorillas, orang-utans 206 Gorilla beringei 207 Gorilla gorilla 208 Pan spp. 209 Pongo abelii 210 Pongo pygmaeus Hylobatidae Gibbons 211 Hylobatidae spp. Indriidae Indris, sifakas, woolly lemurs 212 Indriidae spp. Lemuridae Large lemurs 213 Lemuridae spp. Lepilemuridae Sportive lemurs 214 Lepilemuridae spp. Lorisidae Lorises 215 Nycticebus spp. Pitheciidae Sakis, uakaris 216 Cacajao spp. 217 Chiropotesalbinasus PROBOSCIDEA Elephantidae Elephants 218 Elephas maximus 219 Loxodonta africana (Except the populations of Botswana, Namibia, South Africa and Zimbabwe, which are included in Appendix II subject to annotation 2) RODENTIA Chinchillidae Chinchillas 220 Chinchilla spp. (Specimens of the domesticated form are not subject to the provisions of the Convention) Sciuridae Ground squirrels, tree squirrels 221 Cynomys mexicanus SIRENIA Dugongidae Dugong 222 Dugong dugon Trichechidae Manatees 223 Trichechus inunguisSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87 224 Trichechus manatus 225 Trichechus senegalensis CLASS AVES (BIRDS) ANSERIFORMES Anatidae Ducks, geese, swans, etc. 226 Anas aucklandica 227 Anas chlorotis 228 Anas laysanensis 229 Anas nesiotis 230 Asarcornisscutulata 231 Branta canadensis leucopareia 232 Branta sandvicensis 233 Rhodonessacaryophyllacea APODIFORMES Trochilidae Humming birds 234 Glaucisdohrnii CHARADRIIFORMES Laridae Gulls 235 Larus relictus Scolopacidae Curlews, greenshanks 236 Numenius borealis 237 Numenius tenuirostris 238 Tringaguttifer CICONIIFORMES Ciconiidae Storks 239 Ciconia boyciana 240 Jabiru mycteria 241 Mycteria cinerea Threskiornithidae Ibises, spoonbills 242 Geronticuseremita 243 Nipponianippon COLUMBIFORMES Columbidae Doves, pigeons 244 Caloenasnicobarica 245 Duculamindorensis CORACIIFORMES Bucerotidae Hornbills 246 Acerosnipalensis 247 Bucerosbicornis 248 Rhinoplax vigil 249 Rhyticerossubruficollis88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FALCONIFORMES Accipitridae Hawks, eagles 250 Aquila adalberti 251 Aquila heliaca 252 Chondrohieraxuncinatuswilsonii 253 Haliaeetus albicilla 254 Harpiaharpyja 255 Pithecophagajefferyi Cathartidae New-world vultures 256 Gymnogyps californianus 257 Vulturgryphus Falconidae Falcons 258 Falco araeus 259 Falco jugger 260 Falco newtoni (Only the population of Seychelles.) 261 Falco pelegrinoides 262 Falco peregrinus 263 Falco punctatus 264 Falco rusticolus GALLIFORMES Cracidae Chachalacas, currassows, guans 265 Crax blumenbachii 266 Mitumitu 267 Oreophasisderbianus 268 Penelope albipennis 269 Pipilejacutinga 270 Pipilepipile Megapodiidae Megapodes, scrubfowl 271 Macrocephalonmaleo Phasianidae Grouse, guineafowl, partridges, peafowl, pheasants, tragopans 272 Catreuswallichii 273 Colinus virginianus ridgwayi 274 Crossoptiloncrossoptilon 275 Crossoptilonmantchuricum 276 Lophophorusimpejanus 277 Lophophoruslhuysii 278 Lophophorussclateri 279 Lophuraedwardsi 280 Lophuraswinhoii 281 PolyplectronnapoleonisSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89 282 Rheinardia ocellata 283 Syrmaticusellioti 284 Syrmaticushumiae 285 Syrmaticusmikado 286 Tetraogalluscaspius 287 Tetraogallustibetanus 288 Tragopan blythii 289 Tragopan caboti 290 Tragopan melanocephalus GRUIFORMES Gruidae Cranes 291 Balearica pavonina 292 Grus americana 293 Grus canadensis nesiotes 294 Grus canadensis pulla 295 Grus japonensis 296 Grus leucogeranus 297 Grus monacha 298 Grus nigricollis 299 Grus vipio Otididae Bustards 300 Ardeotisnigriceps 301 Chlamydotismacqueenii 302 Chlamydotisundulata 303 Houbaropsis bengalensis Rallidae Rails 304 Gallirallus sylvestris Rhynochetidae Kagu 305 Rhynochetos jubatus PASSERIFORMES Atrichornithidae Scrub-birds 306 Atrichornisclamosus Cotingidae Cotingas 307 Cotinga maculata 308 Xipholenaatropurpurea Fringillidae Finches 309 Carduelis cucullata Hirundinidae Martins90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 310 Pseudochelidonsirintarae Icteridae New-world blackbirds 311 Xanthopsar flavus Muscicapidae Old-world flycatchers 312 Picathartesgymnocephalus 313 Picathartesoreas Pittidae Pittas 314 Pitta gurneyi 315 Pitta kochi Sturnidae Mynas, starlings 316 Leucopsarrothschildi Zosteropidae White-eyes 317 Zosteropsalbogularis PELECANIFORMES Fregatidae Frigatebirds 318 Fregataandrewsi Pelecanidae Pelicans 319 Pelecanus crispus Sulidae Gannets 320 Papasulaabbotti PICIFORMES Picidae Woodpeckers 321 Dryocopusjavensisrichardsi PODICIPEDIFORMES Podicipedidae Grebes 322 Podilymbus gigas PROCELLARIIFORMES Diomedeidae Albatrosses 323 Phoebastriaalbatrus PSITTACIFORMES Cacatuidae Cockatoos 324 Cacatua goffiniana 325 Cacatua haematuropygia 326 Cacatua moluccensis 327 Cacatua sulphurea 328 Proboscigeraterrimus Loriidae Lories, lorikeets 329 Eos histrio 330 ViniultramarinaSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91 Psittacidae Amazons, macaws, parakeets, parrots 331 Amazona arausiaca 332 Amazona auropalliata 333 Amazona barbadensis 334 Amazona brasiliensis 335 Amazona finschi 336 Amazona guildingii 337 Amazona imperialis 338 Amazona leucocephala 339 Amazona oratrix 340 Amazona pretrei 341 Amazona rhodocorytha 342 Amazona tucumana 343 Amazona versicolor 344 Amazona vinacea 345 Amazona viridigenalis 346 Amazona vittata 347 Anodorhynchus spp. 348 Ara ambiguus 349 Ara glaucogularis 350 Ara macao 351 Ara militaris 352 Ara rubrogenys 353 Cyanopsittaspixii 354 Cyanoramphuscookii 355 Cyanoramphusforbesi 356 Cyanoramphusnovaezelandiae 357 Cyanoramphussaisseti 358 Cyclopsittadiophthalmacoxeni 359 Eunymphicuscornutus 360 Guaroubaguarouba 361 Neophemachrysogaster 362 Ognorhynchusicterotis 363 Pezoporus occidentalis 364 Pezoporuswallicus 365 Pionopsittapileata 366 Primoliuscouloni 367 Primoliusmaracana 368 Psephotuschrysopterygius 369 Psephotusdissimilis 370 Psephotuspulcherrimus 371 Psittacula echo 372 Psittacus erithacus92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 373 Pyrrhura cruentata 374 Rhynchopsitta spp. 375 Strigopshabroptila RHEIFORMES Rheidae Rheas 376 Pterocnemia pennata (Except Pterocnemia pennata pennata which is included in Appendix II) SPHENISCIFORMES Spheniscidae Penguins 377 Spheniscus humboldti STRIGIFORMES Strigidae Owls 378 Heteroglauxblewitti 379 Mimizukugurneyi 380 Ninoxnatalis Tytonidae Barn owls 381 Tyto soumagnei STRUTHIONIFORMES Struthionidae Ostriches 382 Struthio camelus (Only the populations of Algeria, Burkina Faso, Cameroon, the Central African Republic, Chad, Mali, Mauritania, Morocco, the Niger, Nigeria, Senegal and the Sudan; all other populations are not included in the Appendices) TINAMIFORMES Tinamidae Tinamous 383 Tinamus solitarius TROGONIFORMES Trogonidae Quetzals 384 Pharomachrusmocinno CLASS REPTILIA CROCODYLIA Alligatoridae Alligators, caimans 385 Alligator sinensis 386 Caiman crocodilusapaporiensis 387 Caiman latirostris (Except the population of Argentina, which is included in Appendix II.) 388 Melanosuchusniger (Except for the population of Brazil, which is included in Appendix II, and the population of Ecuador, which is included in Appendix II and is subject to a zero annual export quota until an annual exportSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93 quota has been approved by the CITES Secretariat and the IUCN/SSC Crocodile Specialist Group.) Crocodylidae Crocodiles 389 Crocodylusacutus (Except the population of the Integrated Management District of Mangroves of the Bay of Cispata, Tinajones, La Balsa and Surrounding Areas, Department of Córdoba, Colombia, and the population of Cuba, which are included in Appendix II; and the population of Mexico, which is included in Appendix II and is subject to a zero export quota for wild specimens for commercial purposes) 390 Crocodyluscataphractus 391 Crocodylus intermedius 392 Crocodylusmindorensis 393 Crocodylusmoreletii (Except the population of Belize, which is included in Appendix II with a zero quota for wild specimens traded for commercial purposes, and the population of Mexico, which is included in Appendix II.) 394 Crocodylusniloticus [Except the populations of Botswana, Egypt (subject to a zero quota for wild specimens traded for commercial purposes), Ethiopia, Kenya, Madagascar, Malawi, Mozambique, Namibia, South Africa, Uganda, the United Republic of Tanzania (subject to an annual export quota of no more than 1,600 wild specimens including hunting trophies, in addition to ranched specimens), Zambia and Zimbabwe, which are included in Appendix II] 395 Crocodylus palustris 396 Crocodylusporosus {Except the populations of Australia, Indonesia, Malaysia [wild harvest restricted to the State of Sarawak and a zero quota for wild specimens for the other States of Malaysia (Sabah and Peninsular Malaysia), with no change in the zero quota unless approved by the Parties] and Papua New Guinea, which are included in Appendix II.} 397 Crocodylusrhombifer 398 Crocodylussiamensis 399 Osteolaemustetraspis 400 Tomistomaschlegelii Gavialidae Gavials 401 Gavialis gangeticus RHYNCHOCEPHALIA Sphenodontidae Tuataras 402 Sphenodon spp. SAURIA Agamidae94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Spiny-tailed lizards, agamas 403 Ceratophoraerdeleni 404 Ceratophorakaru 405 Ceratophoratennentii 406 Cophotisceylanica 407 Cophotisdumbara Anguidae Alligator lizards 408 Abronia anzuetoi 409 Abronia campbelli 410 Abronia fimbriata 411 Abronia frosti 412 Abronia meledona Chamaeleonidae Chameleons 413 Brookesiaperarmata Gekkonidae Geckos 414 Cnemaspispsychedelica 415 Gonatodesdaudini 416 Lygodactyluswilliamsi Helodermatidae Beaded lizards, Gila monsters 417 Heloderma horridumcharlesbogerti Iguanidae Iguanas 418 Brachylophus spp. 419 Cyclura spp. 420 Sauromalusvarius Lacertidae Lizards 421 Gallotiasimonyi Varanidae Monitor lizards 422 Varanus bengalensis 423 Varanus flavescens 424 Varanus griseus 425 Varanus komodoensis 426 Varanus nebulosus Xenosauridae Chinese crocodile lizard 427 Shinisauruscrocodilurus SERPENTES Boidae Boas 428 Acrantophis spp. 429 Boa constrictor occidentalis 430 EpicratesinornatusSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95 431 Epicratesmonensis 432 Epicratessubflavus 433 Sanziniamadagascariensis Bolyeriidae Round Island boas 434 Bolyeriamultocarinata 435 Casareadussumieri Pythonidae Pythons 436 Python molurusmolurus Viperidae Vipers 437 Viperaursinii (Only the population of Europe, except the area which formerly constituted the Union of Soviet Socialist Republics; these latter populations are not included in the Appendices.) TESTUDINES Chelidae Austro-American sideneck turtles 438 Pseudemyduraumbrina Cheloniidae Sea turtles 439 Cheloniidae spp. Dermochelyidae Leatherback turtles 440 Dermochelys coriacea Emydidae Box turtles, freshwater turtles 441 Glyptemysmuhlenbergii 442 Terrapene coahuila Geoemydidae Box turtles, freshwater turtles 443 Bataguraffinis 444 Batagurbaska 445 Cuorabourreti 446 Cuorapicturata 447 Geoclemyshamiltonii 448 Mauremysannamensis 449 Melanochelystricarinata 450 Morenia ocellata 451 Pangshura tecta Platysternidae Big-headed turtles 452 Platysternidae spp.96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Testudinidae Tortoises 453 Astrochelys radiata 454 Astrochelysyniphora 455 Chelonoidisniger 456 Geochelone elegans 457 Geocheloneplatynota 458 Gopherus flavomarginatus 459 Malacochersustornieri 460 Psammobatesgeometricus 461 Pyxis arachnoides 462 Pyxis planicauda 463 Testudo kleinmanni Trionychidae Softshell turtles 464 Apalonespiniferaatra 465 Chitra chitra 466 Chitra vandijki 467 Nilssoniagangetica 468 Nilssoniahurum 469 Nilssonia nigricans CLASS AMPHIBIA ANURA Bufonidae Toads 470 Altiphrynoides spp. 471 Amietophrynuschanningi 472 Amietophrynussuperciliaris 473 Atelopuszeteki 474 Inciliusperiglenes 475 Nectophrynoides spp. 476 Nimbaphrynoides spp. Telmatobiidae Andean water frogs 477 Telmatobiusculeus CAUDATA Cryptobranchidae Giant salamanders 478 Andrias spp. Salamandridae Newts and salamanders 479 Neurerguskaiseri CLASS ELASMOBRANCHII (SHARKS) PRISTIFORMESSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97 Pristidae Sawfishes 480 Pristidae spp. CLASS ACTINOPTERI (FISHES) ACIPENSERIFORMES Acipenseridae Sturgeons 481 Acipenser brevirostrum 482 Acipenser sturio CYPRINIFORMES Catostomidae Cui-ui 483 Chasmistescujus Cyprinidae Carps 484 Probarbusjullieni OSTEOGLOSSIFORMES Osteoglossidae Bonytongue 485 Scleropagesformosus 486 Scleropagesinscriptus PERCIFORMES Sciaenidae Totoaba 487 Totoaba macdonaldi SILURIFORMES Pangasiidae Pangasid catfish 488 Pangasianodon gigas CLASS COELACANTHI (COELACANTHS) COELACANTHIFORMES Latimeriidae Coelacanths 489 Latimeria spp. PHYLUM ARTHROPODA CLASS INSECTA (INSECTS) LEPIDOPTERA Papilionidae Birdwing butterflies, swallowtail butterflies 490 Achillideschikaechikae 491 Achillideschikaehermeli 492 Ornithopteraalexandrae 493 Papiliohomerus 494 Paridesburchellanus98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— PHYLUM MOLLUSCA CLASS BIVALVIA (CLAMS AND MUSSELS) UNIONOIDA Unionidae Freshwater mussels, pearly mussels 495 Conradillacaelata 496 Dromusdromas 497 Epioblasmacurtisii 498 Epioblasmaflorentina 499 Epioblasmasampsonii 500 Epioblasmasulcataperobliqua 501 Epioblasmatorulosa gubernaculum 502 Epioblasmatorulosatorulosa 503 Epioblasmaturgidula 504 Epioblasmawalkeri 505 Fusconaiacuneolus 506 Fusconaiaedgariana 507 Lampsilishigginsii 508 Lampsilisorbiculataorbiculata 509 Lampsilissatur 510 Lampsilisvirescens 511 Plethobasuscicatricosus 512 Plethobasuscooperianus 513 Pleurobema plenum 514 Potamilus capax 515 Quadrula intermedia 516 Quadrulasparsa 517 Toxolasmacylindrella 518 Unio nickliniana 519 Unio tampicoensistecomatensis 520 Villosatrabalis CLASS GASTROPODA (SNAILS AND CONCHES) STYLOMMATOPHORA Achatinellidae Agate snails, oahu tree snails 521 Achatinella spp. Cepolidae Helicoid terrestrial snails 522 Polymita spp. FLORA (PLANTS) AGAVACEAE AGAVESSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99 523 Agave parviflora APOCYNACEAE ELEPHANT TRUNKS, HOODIAS 524 Pachypodiumambongense 525 Pachypodiumbaronii 526 Pachypodiumdecaryi ARAUCARIACEAE MONKEY-PUZZLE TREES 527 Araucaria araucana CACTACEAE CACTI 528 Ariocarpus spp. 529 Astrophytum asterias 530 Aztekiumritteri 531 Coryphanthawerdermannii 532 Discocactus spp. 533 Echinocereusferreiranus ssp. lindsayorum 534 Echinocereusschmollii 535 Escobaria minima 536 Escobariasneedii 537 Mammillaria pectinifera (Includes ssp. Solisioides) 538 Melocactusconoideus 539 Melocactusdeinacanthus 540 Melocactusglaucescens 541 Melocactuspaucispinus 542 Obregoniadenegrii 543 Pachycereusmilitaris 544 Pediocactusbradyi 545 Pediocactusknowltonii 546 Pediocactusparadinei 547 Pediocactuspeeblesianus 548 Pediocactussileri 549 Pelecyphora spp. 550 Sclerocactusblainei 551 Sclerocactusbrevihamatus ssp. tobuschii 552 Sclerocactusbrevispinus 553 Sclerocactuscloverae 554 Sclerocactuserectocentrus 555 Sclerocactusglaucus 556 Sclerocactusmariposensis 557 Sclerocactusmesae-verdae 558 Sclerocactusnyensis 559 Sclerocactuspapyracanthus 560 Sclerocactuspubispinus 561 Sclerocactussileri100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 562 Sclerocactuswetlandicus 563 Sclerocactuswrightiae 564 Strombocactus spp. 565 Turbinicarpus spp. 566 Uebelmannia spp. COMPOSITAE (ASTERACEAE) KUTH 567 Saussureacostus CUPRESSACEAE ALERCE, CYPRESSES 568 Fitzroyacupressoides 569 Pilgerodendronuviferum CYCADACEAE CYCADS 570 Cycas beddomei EUPHORBIACEAE SPURGES 571 Euphorbia ambovombensis 572 Euphorbia capsaintemariensis 573 Euphorbia cremersii (Includes the forma viridifolia and the variety rakotozafyi.) 574 Euphorbia cylindrifolia (Includes the subspecies tuberifera.) 575 Euphorbia decaryi (Includes the varieties ampanihyensis, robinsonii and spirosticha.) 576 Euphorbia francoisii 577 Euphorbia moratii (Includes the varieties antsingiensis, bemarahensis and multiflora.) 578 Euphorbia parvicyathophora 579 Euphorbia quartziticola 580 Euphorbia tulearensis FOUQUIERIACEAE OCOTILLOS 581 Fouquieria fasciculata 582 Fouquieria purpusii LEGUMINOSAE (FABACEAE) AFRORMOSIA, CRISTOBAL, PALISANDER, ROSEWOOD, SANDALWOOD 583 Dalbergia nigra LILIACEAE ALOES 584 Aloe albida 585 Aloe albiflora 586 Aloe alfredii 587 Aloe bakeri 588 Aloe bellatula 589 Aloe calcairophila 590 Aloe compressa (Includes the varietiesSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101 paucituberculata, rugosquamosa and schistophila.) 591 Aloe delphinensis 592 Aloe descoingsii 593 Aloe fragilis 594 Aloe haworthioides (Includes the variety aurantiaca.) 595 Aloe helenae 596 Aloe laeta (Includes the variety maniaensis.) 597 Aloe parallelifolia 598 Aloe parvula 599 Aloe pillansii 600 Aloe polyphylla 601 Aloe rauhii 602 Aloe suzannae 603 Aloe versicolor 604 Aloe vossii NEPENTHACEAE PITCHER-PLANTS (OLD WORLD) 605 Nepenthes khasiana 606 Nepenthes rajah ORCHIDACEAE ORCHIDS 607 For all of the following Appendix I species, seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to the provisions of the Convention only if the specimens meet the definition of 'artificially propagated' agreed by the Conference of the Parties 608 Aerangisellisii 609 Cattleya jongheana 610 Cattleya lobata 611 Dendrobium cruentum 612 Mexipediumxerophyticum 613 Paphiopedilum spp. 614 Peristeriaelata 615 Phragmipedium spp. 616 Renanthera imschootiana PALMAE (ARECACEAE) PALMS 617 Dypsisdecipiens PINACEAE FIRS AND PINES 618 Abies guatemalensis PODOCARPACEAE PODOCARPS 619 Podocarpus parlatorei102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— RUBIACEAE AYUGUE 620 Balmeastormiae SARRACENIACEAE PITCHER-PLANTS (NEW WORLD) 621 Sarracenia oreophila 622 Sarracenia rubra ssp. alabamensis 623 Sarracenis rubra ssp. jonesii STANGERIACEAE STANGERIAS 624 Stangeriaeriopus ZAMIACEAE CYCADS 625 Ceratozamia spp. 626 Encephalartos spp. 627 Microcycascalocoma 628 Zamia restrepoi APPENDIX II FAUNA (ANIMALS) PHYLUM CHORDATA CLASS MAMMALIA (MAMMALS) Bovidae Antelopes, cattle, duikers, gazelles, goats, sheep, etc. 1 Ammotragus lervia 2 Budorcastaxicolor 3 Capra caucasica 4 Cephalophusbrookei 5 Cephalophus dorsalis 6 Cephalophusogilbyi 7 Cephalophussilvicultor 8 Cephalophus zebra 9 Damaliscuspygarguspygargus 10 Kobus leche 11 Ovis ammon 12 Ovis arabica 13 Ovis bochariensis 14 Ovis canadensis (Only the population of Mexico; no other population is included in the Appendices.) 15 Ovis collium 16 Ovis cycloceros 17 Ovis darwiniSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103 18 Ovis jubata 19 Ovis karelini 20 Ovis polii 21 Ovis punjabiensis 22 Ovis severtzovi 23 Philantombamonticola 24 Rupicapra pyrenaicaornata 25 Saiga borealis (A zero export quota for wild specimens traded for commercial purposes) 26 Saiga tatarica (A zero export quota for wild specimens traded for commercial purposes) Camelidae Camels, guanacos, vicunas 27 Lama guanicoe 28 Vicugna vicugna [Only the populations of Argentina (the populations of the Provinces of Jujuy, Catamarca and Salta, and the semi-captive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja and San Juan), Chile (populations of the region of Tarapacá and of the region of Arica and Parinacota), Ecuador (the whole population), Peru (the whole population) and the Plurinational State of Bolivia (the whole population); all other populations are included in Appendix I] Cervidae Deer, huemuls, muntjacs, pudus 31 Cervus elaphus bactrianus 32 Pudumephistophiles Giraffidae Giraffes 33 Giraffa camelopardalis Hippopotamidae Hippopotamuses 34 Hexaprotodonliberiensis 35 Hippopotamus amphibius Moschidae Musk deer 36 Moschus spp. (Except the populations of Afghanistan, Bhutan, India, Myanmar, Nepal and Pakistan, which are included in Appendix I.) Tayassuidae Peccaries 37 Tayassuidae spp. (Except the species included in Appendix I and the populations of Pecari tajacu of Mexico and the United States of America, which are not included in the Appendices) CARNIVORA Canidae Dogs, foxes, wolves104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 38 Canis lupus (Except the populations of Bhutan, India, Nepal and Pakistan, which are included in Appendix I. Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo, respectively, which are not subject to the provisions of the Convention) 39 Cerdocyonthous 40 Chrysocyonbrachyurus 41 Cuonalpinus 42 Lycalopexculpaeus 43 Lycalopexfulvipes 44 Lycalopex griseus 45 Lycalopexgymnocercus 46 Vulpes cana 47 Vulpes zerda Eupleridae Fossa, falanouc, Malagasy civets 48 Cryptoprocta ferox 49 Eupleresgoudotii 50 Fossa fossana Felidae Cats 51 Felidae spp. [Except the species included in Appendix I. Excludes specimens of the domesticated form, which are not subject to the provisions of the Convention. For Panthera leo (African populations): a zero annual export quota is established for specimens of bones, bone pieces, bone products, claws, skeletons, skulls and teeth removed from the wild and traded for commercial purposes. Annual export quotas for trade in bones, bone pieces, bone products, claws, skeletons, skulls and teeth for commercial purposes, derived from captive breeding operations in South Africa, will be established and communicated annually to the CITES Secretariat.] Mephitidae Skunks 52 Conepatushumboldtii Lutrinae OttersSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105 53 Lutrinae spp. ( Except the species included in Appendix I) Otariidae Fur seals, sealions 54 Arctocephalus spp. ( Except the species included in Appendix I) Phocidae Seals 55 Mirounga leonina Ursidae Bears, giant pandas 56 Ursidae spp. ( Except the species included in Appendix I) Viverridae Binturong, civets, linsangs, otter-civet, palm civets 57 Cynogalebennettii 58 Hemigalusderbyanus 59 Prionodon linsang CETACEA Dolphins, porpoises, whales 60 CETACEA SPP. (EXCEPT FOR THE SPECIES INCLUDED IN APPENDIX I. A ZERO ANNUAL EXPORT QUOTA HAS BEEN ESTABLISHED FOR LIVE SPECIMENS FROM THE BLACK SEA POPULATION OF TURSIOPS TRUNCATUS REMOVED FROM THE WILD AND TRADED FOR PRIMARILY COMMERCIAL PURPOSES.) CHIROPTERA Pteropodidae Fruit bats, flying foxes 61 Acerodon spp. ( Except the species included in Appendix I) 62 Pteropus spp. ( Except the species included in Appendix I) CINGULATA Dasypodidae Armadillos 63 Chaetophractusnationi (A zero annual export quota has been established. All specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.) DIPROTODONTIA Macropodidae Kangaroos, wallabies 64 Dendrolagus inustus 65 Dendrolagus ursinus Phalangeridae Cuscuses 66 Phalanger intercastellanus 67 Phalanger mimicus106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 68 Phalanger orientalis 69 Spilocuscuskraemeri 70 Spilocuscus maculatus 71 Spilocuscuspapuensis MONOTREMATA Tachyglossidae Echidnas, spiny anteaters 72 Zaglossus spp. PERISSODACTYLA Equidae Horses, wild asses, zebras 73 Equus hemionus ( Except the species included in Appendix I) 74 Equus kiang 75 Equus zebra hartmannae 76 Equus zebra zebra Rhinocerotidae Rhinoceroses 77 Ceratotheriumsimumsimum (Only the populations of Eswatini and South Africa; all other populations are included in Appendix I. For the exclusive purpose of allowing international trade in live animals to appropriate and acceptable destinations and hunting trophies. All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.) Tapiridae Tapirs 78 Tapirusterrestris PHOLIDOTA Manidae Pangolins 79 Manis spp. ( Except the species included in Appendix I) PILOSA Bradypodidae Three-toed sloths 80 Bradypus pygmaeus 81 Bradypus variegatus Myrmecophagidae American anteaters 82 Myrmecophaga tridactyla PRIMATES Apes, monkeys 83 PRIMATES SPP. (EXCEPT THE SPECIES INCLUDED IN APPENDIX I) PROBOSCIDEA Elephantidae Elephants 84 Loxodonta africana x2 (Only the populations of Botswana,SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107 Namibia, South Africa and Zimbabwe; all other populations are included in Appendix I) RODENTIA Muridae Mice, rats 85 Leporillusconditor 86 Pseudomysfieldi 87 Xeromysmyoides 88 Zyzomyspedunculatus Sciuridae Ground squirrels, tree squirrels 89 Ratufa spp. SCANDENTIA Tree shrews 90 SCANDENTIA SPP. CLASS AVES ANSERIFORMES Anatidae Ducks, geese, swans, etc. 91 Anas bernieri 92 Anas formosa 93 Branta ruficollis 94 Coscorobacoscoroba 95 Cygnus melancoryphus 96 Dendrocygna arborea 97 Oxyuraleucocephala 98 Sarkidiornis melanotos APODIFORMES Trochilidae Hummingbirds 99 Trochilidae spp. (Except the species included in Appendix I) CICONIIFORMES Balaenicipitidae Shoebills, whale-headed storks 100 Balaeniceps rex Ciconiidae Storks 101 Ciconia nigra Phoenicopteridae Flamingos 102 Phoenicopteridae spp. Threskiornithidae Ibises, spoonbills 103 Eudocimusruber 104 Geronticus calvus108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 105 Platalealeucorodia COLUMBIFORMES Columbidae Doves, pigeons 106 Gallicolumbaluzonica 107 Goura spp. CORACIIFORMES Bucerotidae Hornbills 108 Aceros spp. (Except the species included in Appendix I) 109 Anorrhinus spp. 110 Anthracoceros spp. 111 Berenicornis spp. 112 Buceros spp. (Except the species included in Appendix I) 113 Penelopides spp. 114 Rhyticeros spp. (Except the species included in Appendix I) CUCULIFORMES Musophagidae Turacos 115 Tauraco spp. FALCONIFORMES Eagles, falcons, hawks, vultures 116 FALCONIFORMES SPP. (EXCEPT CARACARA LUTOSA AND THE SPECIES OF THE FAMILY CATHARTIDAE, WHICH ARE NOT INCLUDED IN THE APPENDICES; AND THE SPECIES INCLUDED IN APPENDICES I AND III) GALLIFORMES Phasianidae Grouse, guineafowl, partridges, peafowl, pheasants, tragopans 117 Argusianus argus 118 Gallus sonneratii 119 Ithaginiscruentus 120 Pavomuticus 121 Polyplectronbicalcaratum 122 Polyplectrongermaini 123 Polyplectronmalacense 124 Polyplectronschleiermacheri 125 Syrmaticusreevesii 126 Tympanuchus cupidoattwateri GRUIFORMES Gruidae Cranes 127 Gruidae spp. (Except the species included in Appendix I) Otididae BustardsSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109 128 Otididae spp. (Except the species included in Appendix I) PASSERIFORMES Cotingidae Cotingas 129 Rupicola spp. Emberizidae Cardinals, tanagers 130 Gubernatrix cristata 131 Paroaria capitata 132 Paroariacoronata 133 Tangarafastuosa Estrildidae Mannikins, waxbills 134 Amandavaformosa 135 Lonchuraoryzivora 136 Poephila cinctacincta Fringillidae Finches 137 Carduelis yarrellii Meliphagidae Honeyeaters 138 Lichenostomusmelanopscassidix Muscicapidae Old-world flycatchers 139 Cyornisruckii 140 Dasyornisbroadbentilitoralis 141 Dasyornislongirostris 142 Garrulaxcanorus 143 Garrulaxtaewanus 144 Leiothrixargentauris 145 Leiothrix lutea 146 Liocichlaomeiensis Paradisaeidae Birds of paradise 147 Paradisaeidae spp. Paridae Tits Pittidae Pittas 148 Pitta guajana 149 Pitta nympha Pycnonotidae Bulbuls 150 Pycnonotuszeylanicus Sturnidae Mynas, starlings 151 Gracula religiosa PICIFORMES110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Ramphastidae Toucans 152 Pteroglossus aracari 153 Pteroglossusviridis 154 Ramphastossulfuratus 155 Ramphastos toco 156 Ramphastostucanus 157 Ramphastosvitellinus PSITTACIFORMES 158 PSITTACIFORMES SPP. (EXCEPT FOR THE SPECIES INCLUDED IN APPENDIX I AND AGAPORNIS ROSEICOLLIS, MELOPSITTACUS UNDULATUS, NYMPHICUS HOLLANDICUS AND PSITTACULA KRAMERI, WHICH ARE NOT INCLUDED IN THE APPENDICES.) RHEIFORMES Rheidae Rheas 159 Pterocnemia pennata pennata 160 Rhea americana SPHENISCIFORMES Spheniscidae Penguins 161 Spheniscus demersus STRIGIFORMES Owls 162 STRIGIFORMES SPP. (EXCEPT SCELOGLAUX ALBIFACIES AND THE SPECIES INCLUDED IN APPENDIX I.) CLASS REPTILIA CROCODYLIA Alligators, caimans, crocodiles 163 CROCODYLIA SPP. (EXCEPT THE SPECIES INCLUDED IN APPENDIX I) SAURIA Agamidae Spiny-tailed lizards, agamas 164 Ceratophora aspera (Zero export quota for wild specimens for commercial purposes) 165 Ceratophorastoddartii (Zero export quota for wild specimens for commercial purposes) 166 Lyriocephalusscutatus (Zero export quota for wild specimens for commercial purposes) 167 Saara spp. 168 Uromastyx spp. Anguidae Alligator lizardsSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111 169 Abronia spp. (Except the species included in Appendix I. Zero export quota for wild specimens for Abronia aurita, A. gaiophantasma, A. montecristoi, A. salvadorensis and A. vasconcelosii.) Chamaeleonidae Chameleons 170 Archaius spp. 171 Bradypodion spp. 172 Brookesia spp. (Except the species included in Appendix I) 173 Calumma spp. 174 Chamaeleo spp. 175 Furcifer spp. 176 Kinyongia spp. 177 Nadzikambia spp. 178 Palleon spp. 179 Rhampholeon spp. 180 Rieppeleon spp. 181 Trioceros spp. Cordylidae Spiny-tailed lizards 182 Cordylus spp. 183 Hemicordylus spp. 184 Karusaurus spp. 185 Namazonurus spp. 186 Ninurta spp. 187 Ouroborus spp. 188 Pseudocordylus spp. 189 Smaug spp. Eublepharidae Eyelid geckos 190 Goniurosaurus spp. (Except the species native to Japan) Gekkonidae Geckos 191 Gekko gecko 192 Nactusserpensinsula 193 Naultinus spp. 194 Paroeduraandroyensis 195 Paroeduramasobe 196 Phelsuma spp. 197 Rhoptropella spp. 198 Uroplatus spp. Helodermatidae Beaded lizards, Gila monsters 199 Heloderma spp. (Except the subspecies included in Appendix I)112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Iguanidae Iguanas 200 Amblyrhynchuscristatus 201 Conolophus spp. 202 Ctenosaura spp. 203 Iguana spp. 204 Phrynosoma blainvillii 205 Phrynosoma cerroense 206 Phrynosoma coronatum 207 Phrynosoma wigginsi Lacertidae Lizards 208 Podarcislilfordi 209 Podarcispityusensis Lanthanotidae Earless monitor lizards 210 Lanthanotidae spp. (Zero export quota for wild specimens for commercial purposes.) Polychrotidae Anoles Scincidae Skinks 211 Coruciazebrata Teiidae Caiman lizards, tegu lizards 212 Crocodilurusamazonicus 213 Dracaena spp. 214 Salvator spp. 215 Tupinambis spp. Varanidae Monitor lizards 216 Varanus spp. (Except the species included in Appendix I) SERPENTES Boidae Boas 217 Boidae spp. (Except the species included in Appendix I) Bolyeriidae Round Island boas 218 Bolyeriidae spp. (Except the species included in Appendix I) Colubridae Typical snakes, water snakes, whipsnakes 219 Clelia cleliaSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113 220 Cyclagras gigas 221 Elachistodonwestermanni 222 Ptyasmucosus Elapidae Cobras, coral snakes 223 Hoplocephalusbungaroides 224 Najaatra 225 Najakaouthia 226 Najamandalayensis 227 Najanaja 228 Najaoxiana 229 Najaphilippinensis 230 Najasagittifera 231 Najasamarensis 232 Najasiamensis 233 Najasputatrix 234 Najasumatrana 235 Ophiophagus hannah Loxocemidae Mexican dwarf boas 236 Loxocemidae spp. Pythonidae Pythons 237 Pythonidae spp. (Except the species included in Appendix I) Tropidophiidae Wood boas 238 Tropidophiidae spp. Viperidae Vipers 239 Atherisdesaixi 240 Bitis worthingtoni 241 Pseudocerastesurarachnoides 242 Trimeresurusmangshanensis 243 Viperawagneri TESTUDINES Carettochelyidae Pig-nosed turtles 244 Carettochelysinsculpta Chelidae Austro-American sideneck turtles 245 Chelodinamccordi (Zero export quota for specimens from the wild.) Dermatemydidae Central American river turtles 246 Dermatemysmawii114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Emydidae Box turtles, freshwater turtles 247 Clemmys guttata 248 Emydoideablandingii 249 Glyptemysinsculpta 250 Malaclemys terrapin 251 Terrapene spp. (Except the species included in Appendix I) Geoemydidae Box turtles, freshwater turtles 252 Batagurborneoensis (Zero quota for wild specimens for commercial purposes.) 253 Batagurdhongoka 254 Batagurkachuga 255 Batagurtrivittata (Zero quota for wild specimens for commercial purposes.) 256 Cuora spp. (Except the species included in Appendix I; zero quota for wild specimens for commercial purposes for Cuoraaurocapitata, C. flavomarginata, C. galbinifrons, C. mccordi, C. mouhotii, C. pani, C. trifasciata, C. yunnanensis and C. zhoui.) 257 Cyclemys spp. 258 Geoemyda japonica 259 Geoemydaspengleri 260 Hardellathurjii 261 Heosemysannandalii (Zero quota for wild specimens for commercial purposes.) 262 Heosemysdepressa (Zero quota for wild specimens for commercial purposes.) 263 Heosemys grandis 264 Heosemys spinosa 265 Leucocephalonyuwonoi 266 Malayemysmacrocephala 267 Malayemyssubtrijuga 268 Mauremys japonica 269 Mauremysmutica 270 Mauremys nigricans 271 Melanochelystrijuga 272 Moreniapetersi 273 Notochelysplatynota 274 Orlitiaborneensis (Zero quota for wild specimens for commercial purposes.) 275 Pangshura spp. (Except the species included in Appendix I) 276 SacaliabealeiSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115 277 Sacaliaquadriocellata 278 Siebenrockiellacrassicollis 279 Siebenrockiellaleytensis 280 Vijayachelyssilvatica Podocnemididae Afro-American sideneck turtles 281 Erymnochelysmadagascariensis 282 Peltocephalusdumerilianus 283 Podocnemis spp. Testudinidae Tortoises 284 Testudinidae spp. (Except for the species included in Appendix I. A zero annual export quota has been established for Centrochelyssulcata for specimens removed from the wild and traded for primarily commercial purposes.) Trionychidae Softshell turtles 285 Amydacartilaginea 286 Chitra spp. (Except the species included in Appendix I.) 287 Cyclanorbis elegans 288 Cyclanorbis senegalensis 289 Cyclodermaaubryi 290 Cyclodermafrenatum 291 Doganiasubplana 292 Lissemysceylonensis 293 Lissemys punctata 294 Lissemysscutata 295 Nilssoniaformosa 296 Nilssonialeithii 297 Palea steindachneri 298 Pelochelys spp. 299 Pelodiscusaxenaria 300 Pelodiscusmaackii 301 Pelodiscusparviformis 302 Rafetuseuphraticus 303 Rafetusswinhoei 304 Trionyxtriunguis CLASS AMPHIBIA ANURA Aromobatidae Cryptic forest frogs 305 Allobatesfemoralis 306 Allobateshodli 307 Allobatesmyersi116 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 308 Allobateszaparo 309 Anomaloglossusrufulus Dendrobatidae Poison frogs 310 Adelphobates spp. 311 Ameerega spp. 312 Andinobates spp. 313 Dendrobates spp. 314 Epipedobates spp. 315 Excidobates spp. 316 Hyloxalusazureiventris 317 Minyobates spp. 318 Oophaga spp. 319 Phyllobates spp. 320 Ranitomeya spp. Dicroglossidae Frogs 321 Euphlyctishexadactylus 322 Hoplobatrachustigerinus Hylidae Tree frogs 323 Agalychnis spp. Mantellidae Mantella frogs 324 Mantella spp. Microhylidae Tomato frogs 325 Dyscophusantongilii 326 Dyscophusguineti 327 Dyscophusinsularis 328 Scaphiophryneboribory 329 Scaphiophrynegottlebei 330 Scaphiophryne marmorata 331 Scaphiophryne spinosa Myobatrachidae Gastric-brooding frogs 332 Rheobatrachus spp. (Except Rheobatrachussilus and Rheobatrachusvitellinus which are not included in the Appendices) CAUDATA Ambystomatidae Axolotls, mole salamanders 333 Ambystoma dumerilii 334 Ambystoma mexicanum Salamandridae Newts and salamandersSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 117 335 Echinotritonchinhaiensis 336 Echinotritonmaxiquadratus 337 Paramesotriton spp. 338 Tylototriton spp. CLASS ELASMOBRANCHII (SHARKS) CARCHARHINIFORMES Carcharhinidae Requiem sharks 339 Carcharhinus falciformis 340 Carcharhinus longimanus Sphyrnidae Hammerhead sharks 341 Sphyrna lewini 342 Sphyrna mokarran 343 Sphyrna zygaena LAMNIFORMES Alopiidae Thresher sharks 344 Alopias spp. Cetorhinidae Basking sharks 345 Cetorhinus maximus Lamnidae Mackerel sharks 346 Carcharodon carcharias 347 Isurusoxyrinchus 348 Isuruspaucus 349 Lamna nasus MYLIOBATIFORMES Myliobatidae Eagle and mobulid rays 350 Manta spp. 351 Mobula spp. ORECTOLOBIFORMES Rhincodontidae Whale sharks 352 Rhincodon typus RHINOPRISTIFORMES Glaucostegidae Guitarfishes 353 Glaucostegus spp. Rhinidae Wedgefishes 354 Rhinidae spp. CLASS ACTINOPTERI (FISHES) ACIPENSERIFORMES118 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 355 ACIPENSERIFORMES SPP. (EXCEPT THE SPECIES INCLUDED IN APPENDIX I) ANGUILLIFORMES Anguillidae Freshwater eels 356 Anguilla anguilla CYPRINIFORMES Cyprinidae Carps 357 Caecobarbusgeertsii OSTEOGLOSSIFORMES Arapaimidae Arapaimas 358 Arapaima gigas PERCIFORMES Labridae Wrasses 359 Cheilinus undulatus Pomacanthidae Angelfishes 360 Holacanthusclarionensis SYNGNATHIFORMES Syngnathidae Pipefishes, seahorses 361 Hippocampus spp. CLASS DIPNEUSTI (LUNGFISHES) CERATODONTIFORMES Neoceratodontidae Australian lungfishes 362 Neoceratodusforsteri PHYLUM ECHINODERMATA CLASS HOLOTHUROIDEA (SEA CUCUMBERS) HOLOTHURIIDA Holothuriidae Teatfishes, Sea cucumbers 363 Holothuriafuscogilva 364 Holothuria nobilis 365 Holothuriawhitmaei PHYLUM ARTHROPODA CLASS ARACHNIDA (SCORPIONS AND SPIDERS) ARANEAE Theraphosidae Red-kneed tarantulas, tarantulasSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 119 366 Aphonopelmaalbiceps 367 Aphonopelma pallidum 368 Brachypelma spp. 369 Poecilotheria spp. SCORPIONES Scorpionidae Scorpions 370 Pandinuscamerounensis 371 Pandinus dictator 372 Pandinusgambiensis 373 Pandinus imperator 374 Pandinusroeseli CLASS INSECTA (INSECTS) COLEOPTERA Scarabaeidae Scarab beetles 375 Dynastes satanas LEPIDOPTERA Papilionidae Birdwing butterflies, swallowtail butterflies 376 Atrophaneurajophon 377 Atrophaneurapandiyana 378 Bhutanitis spp. 379 Ornithoptera spp. (Except the species included in Appendix I) 380 Papiliohospiton 381 Parnassius apollo 382 Teinopalpus spp. 383 Trogonoptera spp. 384 Troides spp. PHYLUM ANNELIDA CLASS HIRUDINOIDEA (LEECHES) ARHYNCHOBDELLIDA Hirudinidae Medicinal leeches 385 Hirudomedicinalis 386 Hirudoverbana PHYLUM MOLLUSCA CLASS BIVALVIA (CLAMS AND MUSSELS) MYTILOIDA Mytilidae Marine mussels 387 Lithophagalithophaga UNIONOIDA Unionidae120 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Freshwater mussels, pearly mussels 388 Cyprogeniaaberti 389 Epioblasmatorulosarangiana 390 Pleurobema clava VENEROIDA Tridacnidae Giant clams 391 Tridacnidae spp. CLASS CEPHALOPODA (SQUIDS, OCTOPUSES, CUTTLEFISH) NAUTILIDA Nautilidae Chambered nautilus 392 Nautilidae spp. CLASS GASTROPODA (SNAILS AND CONCHES) MESOGASTROPODA Strombidae True conchs 393 Strombus gigas STYLOMMATOPHORA Camaenidae Green tree snails 394 Papustyla pulcherrima PHYLUM CNIDARIA CLASS ANTHOZOA (CORALS AND SEA ANEMONES) ANTIPATHARIA Black corals 395 ANTIPATHARIA SPP. HELIOPORACEA Helioporidae Blue corals 396 Helioporidae spp. (Includes only the species Helioporacoerulea. Fossils are not subject to the provisions of the Convention) SCLERACTINIA Stony corals 397 SCLERACTINIA SPP. (FOSSILS ARE NOT SUBJECT TO THE PROVISIONS OF THE CONVENTION) STOLONIFERA Tubiporidae Organ-pipe corals 398 Tubiporidae spp. (Fossils are not subject to the provisions of the Convention)SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 121 CLASS HYDROZOA (SEA FERNS, FIRE CORALS AND STINGING MEDUSAE) MILLEPORINA Milleporidae Fire corals 399 Milleporidae spp. (Fossils are not subject to the provisions of the Convention) STYLASTERINA Stylasteridae Lace corals 400 Stylasteridae spp. (Fossils are not subject to the provisions of the Convention FLORA (PLANTS) AGAVACEAE Agaves 401 Agave victoriae-reginae #4 402 Nolinainterrata 403 Yucca queretaroensis AMARYLLIDACEAE Snowdrops, sternbergias 404 Galanthus spp. #4 405 Sternbergia spp. #4 ANACARDIACEAE Cashews 406 Operculicaryadecaryi 407 Operculicaryahyphaenoides 408 Operculicaryapachypus APOCYNACEAE Elephant trunks, hoodias 409 Hoodia spp. #9 410 Pachypodium spp. #4 (Except the species included in Appendix I) 411 Rauvolfia serpentina #2 ARALIACEAE Ginseng 412 Panax ginseng #3 (Only the population of the Russian Federation; no other population is included in the Appendices.) 413 Panax quinquefolius #3 ASPARAGACEAE Includes ponytail palms 414 Beaucarnea spp. BERBERIDACEAE May-apple 415 Podophyllum hexandrum #2 BROMELIACEAE Air plants, bromelias122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 416 Tillandsia harrisii #4 417 Tillandsia kammii #4 418 Tillandsia xerographica #4 CACTACEAE Cacti 419 CACTACEAE SPP. 9 #4 (EXCEPT THE SPECIES INCLUDED IN APPENDIX I AND EXCEPT PERESKIA SPP., PERESKIOPSIS SPP. AND QUIABENTIA SPP) CARYOCARACEAE Ajo 420 Caryocarcostaricense #4 CUCURBITACEAE Melons, gourds, cucurbits 421 Zygosicyospubescens 422 Zygosicyostripartitus CUPRESSACEAE Alerce, cypresses 423 Widdringtoniawhytei CYATHEACEAE Tree-ferns 424 Cyathea spp. #4 CYCADACEAE Cycads 425 CYCADACEAE SPP. #4 (EXCEPT THE SPECIES INCLUDED IN APPENDIX I) DICKSONIACEAE Tree-ferns 426 Cibotium barometz #4 427 Dicksonia spp. #4 (Only the populations of the Americas; no other population is included in the Appendices) DIDIEREACEAE Alluaudias, didiereas 428 DIDIEREACEAE SPP. #4 DIOSCOREACEAE Elephant’s foot, kniss 429 Dioscoreadeltoidea #4 DROSERACEAE Venus’ flytrap 430 Dionaea muscipula #4 EBENACEAE Ebonies 431 Diospyros spp. #5 (Populations of Madagascar.) EUPHORBIACEAE Spurges 432 Euphorbia spp. #4 (Succulent species only except Euphorbia misera and the species included in Appendix I. Artificially propagated specimens of cultivars of Euphorbia trigona, artificially propagated specimens of crested, fanshaped or colour mutants of Euphorbia lactea, when grafted on artificiallySEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 123 propagated root stock of Euphorbia neriifolia, and artificially propagated specimens of cultivars of Euphorbia ‘Milii’ when they are traded in shipments of 100 or more plants and readily recognizable as artificially propagated specimens, are not subject to the provisions of the Convention.) FOUQUIERIACEAE Ocotillos 433 Fouquieria columnaris #4 JUGLANDACEAE Gavilan 434 Oreomunneapterocarpa #4 LAURACEAE Laurels 435 Anibarosaeodora #12 LEGUMINOSAE (Fabaceae) Afrormosia, cristobal, palisander, rosewood, sandalwood 436 Dalbergia spp. #15 (Except for the species listed in Appendix I) 437 Guibourtiademeusei #15 438 Guibourtiapellegriniana #15 439 Guibourtiatessmannii #15 440 Paubrasiliaechinata #10 441 Pericopsiselata #17 442 Platymiscium parviflorum #4 443 Pterocarpus erinaceus 444 Pterocarpus santalinus #7 445 Pterocarpus tinctorius #6 446 Senna meridionalis LILIACEAE Aloes 447 Aloe spp. #4 (Except the species included in Appendix I. Also excludes Aloe vera, also referenced as Aloe barbadensis which is not included in the Appendices.) MALVACEAE Includes baobabs 448 Adansonia grandidieri #16 MELIACEAE Mahoganies, West Indian cedar 449 Cedrela spp. #6 (Populations of the Neotropics) 450 Swietenia humilis #4 451 Swietenia macrophylla #6 (Populations of the Neotropics) 452 Swietenia mahagoni #5 NEPENTHACEAE Pitcher-plants (Old World)124 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 453 Nepenthes spp. #4 (Except the species included in Appendix I) ORCHIDACEAE Orchids 454 ORCHIDACEAE SPP. 10 #4 (EXCEPT FOR THE SPECIES INCLUDED IN APPENDIX I) OROBANCHACEAE Broomrapes 455 Cistanchedeserticola #4 PALMAE (Arecaceae) Palms 456 Beccariophoenixmadagascariensis #4 457 Dypsisdecaryi #4 458 Lemurophoenixhalleuxii #4 459 Marojejyadarianii 460 Ravenealouvelii 461 Ravenearivularis 462 Satranaladecussilvae 463 Voanioala gerardii PASSIFLORACEAE Passion-flowers 464 Adeniafiringalavensis 465 Adeniaolaboensis 466 Adeniasubsessilifolia PEDALIACEAE Sesames 467 Uncarinagrandidieri 468 Uncarinastellulifera PORTULACACEAE Lewisias, portulacas, purslanes 469 Anacampseros spp. #4 470 Avonia spp. #4 471 Lewisia serrata #4 PRIMULACEAE Cyclamens 472 Cyclamen spp. 11 #4 RANUNCULACEAE Golden seals, yellow adonis, yellow root 473 Adonis vernalis #2 474 Hydrastis canadensis #8 ROSACEAE African cherry, stinkwood 475 Prunus africana #4 SANTALACEAE SandalwoodsSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 125 476 Osyris lanceolata #2 (Populations of Burundi, Ethiopia, Kenya, Rwanda, Uganda and the United Republic of Tanzania.) SARRACENIACEAE Pitcher-plants (New World) 477 Sarracenia spp. #4 (Except the species included in Appendix I) SCROPHULARIACEAE Kutki 478 Picrorhizakurrooa #2 (Excludes Picrorhizascrophulariiflora) STANGERIACEAE Stangerias 479 Bowenia spp. #4 TAXACEAE Himalayan yew 480 Taxus chinensis #2 (Includes infraspecific taxa of this species) 481 Taxus cuspidata 12 #2 (Includes infraspecific taxa of this species) 482 Taxus fuana #2 (Includes infraspecific taxa of this species.) 483 Taxus sumatrana #2 (Includes infraspecific taxa of this species.) 484 Taxus wallichiana #2 THYMELAEACEAE (Aquilariaceae) Agarwood, ramin 485 Aquilaria spp. #14 486 Gonystylus spp. #4 487 Gyrinops spp. #14 VALERIANACEAE Himalayan spikenard 488 Nardostachys grandiflora #2 VITACEAE Grapes 489 Cyphostemmaelephantopus 490 Cyphostemmalaza 491 Cyphostemmamontagnacii WELWITSCHIACEAE Welwitschia 492 Welwitschia mirabilis #4 ZAMIACEAE Cycads 493 ZAMIACEAE SPP. #4 (EXCEPT THE SPECIES INCLUDED IN APPENDIX I) ZINGIBERACEAE Ginger lily, Natal ginger 494 Hedychium philippinense #4 495 Siphonochilusaethiopicus #4 (Populations of Mozambique, South Africa, Eswatini and Zimbabwe.) ZYGOPHYLLACEAE Lignum-vitae 496 Bulnesiasarmientoi #11 497 Guaiacum spp. #2126 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— APPENDIX III FAUNA (ANIMALS) PHYLUM CHORDATA CLASS MAMMALIA (MAMMALS) ARTIODACTYLA Bovidae Antelopes, cattle, duikers, gazelles, goats, sheep, etc. 1 Antilope cervicapra (Nepal, Pakistan) 2 Boselaphustragocamelus (Pakistan) 3 Bubalus arnee (Excludes the domesticated form, which is referenced as Bubalus bubalis and is not subject to the provisions of the Convention.) (Nepal) 4 Capra hircus aegagrus (Specimens of the domesticated form are not subject to the provisions of the Convention.) (Pakistan) 5 Capra sibirica (Pakistan) 6 Gazella bennettii (Pakistan) 7 Gazella dorcas (Algeria, Tunisia) 8 Pseudoisnayaur (Pakistan) 9 Tetracerus quadricornis (Nepal) Cervidae Deer, huemuls, muntjacs, pudus 10 Axis porcinus (Except the subspecies included in Appendix I) (Pakistan) 11 Cervus elaphus barbarus (Algeria, Tunisia) 12 Mazama temamacerasina (Guatemala) 13 Odocoileus virginianus mayensis (Guatemala) CARNIVORA Canidae Dogs, foxes, wolves 14 Canis aureus (India) 15 Vulpes bengalensis (India) 16 Vulpes vulpesgriffithi (India) 17 Vulpes vulpesmontana (India) 18 Vulpes vulpespusilla (India) Herpestidae Mongooses 19 Herpestesedwardsi (India, Pakistan) 20 Herpestesfuscus (India) 21 Herpestesjavanicus (Pakistan)SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 127 22 Herpestesjavanicusauropunctatus (India) 23 Herpestessmithii (India) 24 Herpestes urva (India) 25 Hyaenidae Herpestesvitticollis (India) Aardwolf, hyenas 26 Hyaena hyaena (Pakistan) 27 Proteles cristata (Botswana) Mustelinae Grisons, honey badgers, martens, tayra, weasels 28 Eira barbara (Honduras) 29 Martes flavigula (India) 30 Martes foina intermedia (India) 31 Martes gwatkinsii (India) 32 Mellivora capensis (Botswana) 33 Mustela altaica (India) 34 Mustela erminea ferghanae (India) 35 Mustela kathiah (India) 36 Mustela sibirica (India) Odobenidae Walruses 37 Odobenus rosmarus (Canada) Procyonidae Coatis, kinkajous, olingos 38 Nasua narica (Honduras) 39 Nasua nasua solitaria (Uruguay) 40 Potos flavus (Honduras) Viverridae Binturong, civets, linsangs, otter-civet, palm civets 41 Arctictis binturong (India) 42 Civettictiscivetta (Botswana) 43 Pagumalarvata (India) 44 Paradoxurus hermaphroditus (India) 45 Paradoxurus jerdoni (India) 46 Viverracivettina (India) 47 Viverrazibetha (India) 48 Viverricula indica (India) CHIROPTERA Phyllostomidae Broad-nosed bats128 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 49 Platyrrhinuslineatus (Uruguay) CINGULATA Dasypodidae Armadillos 50 Cabassous tatouay (Uruguay) PILOSA Myrmecophagidae American anteaters 51 Tamandua mexicana (Guatemala) RODENTIA Chinchillidae Chinchillas Cuniculidae Pacas 52 Cuniculus paca (Honduras) Dasyproctidae Agoutis 53 Dasyprocta punctata (Honduras) Erethizontidae New-world porcupines 54 Sphiggurus mexicanus (Honduras) 55 Sphiggurusspinosus (Uruguay) Sciuridae Ground squirrels, tree squirrels 56 Marmota caudata (India) 57 Marmota himalayana (India) CLASS AVES ANSERIFORMES Anatidae Ducks, geese, swans, etc. 58 Dendrocygnaautumnalis (Honduras) 59 Dendrocygnabicolor (Honduras) CHARADRIIFORMES Burhinidae Thick-knees 60 Burhinusbistriatus (Guatemala) COLUMBIFORMES Columbidae Doves, pigeons 61 Nesoenasmayeri (Mauritius) FALCONIFORMES Eagles, falcons, hawks, vultures Cathartidae New-world vulturesSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 129 62 Sarcoramphus papa (Honduras) GALLIFORMES Cracidae Chachalacas, currassows, guans 63 Crax alberti (Colombia) 64 Crax daubentoni (Colombia) 65 Crax globulosa (Colombia) 66 Crax rubra (Colombia, Guatemala, Honduras) 67 Ortalisvetula (Guatemala, Honduras) 68 Pauxipauxi (Colombia) 69 Penelope purpurascens (Honduras) 70 Penelopina nigra (Guatemala) Phasianidae Grouse, guineafowl, partridges, peafowl, pheasants, tragopans 71 Lophuraleucomelanos (Pakistan) 72 Meleagris ocellata (Guatemala) 73 Pavocristatus (Pakistan) 74 Pucrasiamacrolopha (Pakistan) 75 Tragopan satyra (Nepal) PASSERIFORMES Alaudidae Larks 76 Alauda arvensis (Population of Ukraine) 77 Galerida cristata (Population of Ukraine) 78 Lullula arborea (Population of Ukraine) 79 Melanocoryphacalandra (Population of Ukraine) Cotingidae Cotingas 80 Cephalopterusornatus (Colombia) 81 Cephalopteruspenduliger (Colombia) Emberizidae Cardinals, tanagers 82 Emberizacitrinella (Population of Ukraine) 83 Emberizahortulana (Population of Ukraine) Fringillidae Finches 84 Carduelis cannabina (Population of Ukraine) 85 Carduelis carduelis (Population of Ukraine)130 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 86 Carduelis flammea (Population of Ukraine) 87 Carduelis hornemanni (Population of Ukraine) 88 Carduelis spinus (Population of Ukraine) 89 Carpodacus erythrinus (Population of Ukraine) 90 Loxiacurvirostra (Population of Ukraine) 91 Pyrrhula pyrrhula (Population of Ukraine) 92 Serinusserinus (Population of Ukraine) Muscicapidae Old-world flycatchers 93 Acrocephalusrodericanus (Mauritius) 94 Erithacus rubecula (Population of Ukraine) 95 Ficedula parva (Population of Ukraine) 96 Hippolaisicterina (Population of Ukraine) 97 Luscinia luscinia (Population of Ukraine) 98 Luscinia megarhynchos (Population of Ukraine) 99 Luscinia svecica (Population of Ukraine) 100 Monticola saxatilis (Population of Ukraine) 101 Sylvia atricapilla (Population of Ukraine) 102 Sylvia borin (Population of Ukraine) 103 Sylvia curruca (Population of Ukraine) 104 Sylvia nisoria (Population of Ukraine) 105 Terpsiphonebourbonnensis (Mauritius) 106 Turdus merula (Population of Ukraine) 107 Turdus philomelos (Population of Ukraine) Oriolidae Orioles 108 Oriolusoriolus (Population of Ukraine) Paridae Tits 109 Parus ater (Population of Ukraine) Troglodytidae Wrens 110 Troglodytestroglodytes (Population of Ukraine) PICIFORMES Capitonidae Barbets 111 Semnornisramphastinus (Colombia) Ramphastidae Toucans 112 Bailloniusbailloni (Argentina) 113 Pteroglossus castanotis (Argentina) 114 Ramphastosdicolorus (Argentina)SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 131 115 Selenideramaculirostris (Argentina) SAURIA Agamidae Spiny-tailed lizards, agamas 116 Calotesceylonensis (Sri Lanka) 117 Calotesdesilvai (Sri Lanka) 118 Calotesliocephalus (Sri Lanka) 119 Calotesliolepis (Sri Lanka) 120 Calotesmanamendrai (Sri Lanka) 121 Calotesnigrilabris (Sri Lanka) 122 Calotespethiyagodai (Sri Lanka) Eublepharidae Eyelid geckos 123 Goniurosauruskuroiwae #18 (Japan) 124 Goniurosaurusorientalis #18 (Japan) 125 Goniurosaurussengokui #18 (Japan) 126 Goniurosaurus splendens #18 (Japan) 127 Goniurosaurustoyamai #18 (Japan) 128 Goniurosaurusyamashinae #18 (Japan) Gekkonidae Geckos 129 Dactylocnemis spp. (New Zealand) 130 Hoplodactylus spp. (New Zealand) 131 Mokopirirakau spp. (New Zealand) 132 Sphaerodactylus armasi (Cuba) 133 Sphaerodactylus celicara (Cuba) 134 Sphaerodactylus dimorphicus (Cuba) 135 Sphaerodactylus intermedius (Cuba) 136 Sphaerodactylus nigropunctatusalayoi (Cuba) 137 Sphaerodactylus nigropunctatusgranti (Cuba) 138 Sphaerodactylus nigropunctatuslissodesmus (Cuba) 139 Sphaerodactylus nigropunctatusocujal (Cuba) 140 Sphaerodactylus nigropunctatus strategus (Cuba) 141 Sphaerodactylus notatusatactus (Cuba) 142 Sphaerodactylus oliveri (Cuba) 143 Sphaerodactylus pimienta (Cuba) 144 Sphaerodactylus ruibali (Cuba) 145 Sphaerodactylus siboney (Cuba) 146 Sphaerodactylus torrei (Cuba) 147 Toropuku spp. (New Zealand)132 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 148 Tukutuku spp. (New Zealand) 149 Woodworthia spp. (New Zealand) Polychrotidae Anoles 150 Anolis agueroi (Cuba) 151 Anolis baracoae (Cuba) 152 Anolis barbatus (Cuba) 153 Anolis chamaeleonides (Cuba) 154 Anolis equestris (Cuba) 155 Anolis guamuhaya (Cuba) 156 Anolis luteogularis (Cuba) 157 Anolis pigmaequestris (Cuba) 158 Anolis porcus (Cuba) SERPENTES Colubridae Typical snakes, water snakes, whipsnakes 159 Atretiumschistosum (India) 160 Cerberus rynchops (India) 161 Xenochrophis piscator (India) 162 Xenochrophisschnurrenbergeri (India) 163 Xenochrophistytleri (India) Elapidae Cobras, coral snakes 164 Micrurus diastema (Honduras) 165 Micrurus nigrocinctus (Honduras) 166 Micrurus ruatanus (Honduras) Viperidae Vipers 167 Crotalus durissus (Honduras) 168 Daboia russelii (India) TESTUDINES Chelydridae Snapping turtles 169 Chelydra serpentina (United States of America) 170 Macrochelystemminckii (United States of America) Emydidae Box turtles, freshwater turtles 171 Emys orbicularis (Population of Ukraine) 172 Graptemys spp. (United States of America)SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 133 Geoemydidae Box turtles, freshwater turtles 173 Mauremysiversoni (China) 174 Mauremysmegalocephala (China) 175 Mauremyspritchardi (China) 176 Mauremysreevesii (China) 177 Mauremys sinensis (China) 178 Ocadiaglyphistoma (China) 179 Ocadiaphilippeni (China) 180 Sacaliapseudocellata (China) Trionychidae Softshell turtles 181 Apalone ferox (United States of America) 182 Apalonemutica (United States of America) 183 Apalonespinifera (Except the subspecies included in Appendix I) (United States of America) CLASS AMPHIBIA ANURA Calyptocephalellidae Chilean toads 184 Calyptocephalellagayi (Chile) CAUDATA Cryptobranchidae Giant salamanders 185 Cryptobranchusalleganiensis (United States of America) Hynobiidae Asiatic salamanders 186 Hynobiusamjiensis (China) Salamandridae Newts and salamanders 187 Echinotritonandersoni #18 (Japan) 188 Salamandra algira (Algeria) CLASS ELASMOBRANCHII (SHARKS) MYLIOBATIFORMES Potamotrygonidae Freshwater stingrays 189 Paratrygonaiereba (Colombia) 190 Potamotrygon spp. (Population of Brazil) (Brazil) 191 Potamotrygon constellata (Colombia) 192 Potamotrygon magdalenae (Colombia) 193 Potamotrygon motoro (Colombia)134 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 194 Potamotrygon orbignyi (Colombia) 195 Potamotrygon schroederi (Colombia) 196 Potamotrygon scobina (Colombia) 197 Potamotrygon yepezi (Colombia) CLASS ACTINOPTERI (FISHES) SILURIFORMES Loricariidae Armoured catfishes 198 Hypancistrus zebra (Brazil) PHYLUM ECHINODERMATA CLASS HOLOTHUROIDEA (SEA CUCUMBERS) ASPIDOCHIROTIDA Stichopodidae Sea cucumbers 199 Isostichopusfuscus (Ecuador) PHYLUM ARTHROPODA CLASS INSECTA (INSECTS) COLEOPTERA Lucanidae Stag beetles 200 Colophon spp. (South Africa) LEPIDOPTERA Nymphalidae Brush-footed butterflies 201 Agriasamydonboliviensis (Plurinational State of Bolivia) 202 Morpho godartiilachaumei (Plurinational State of Bolivia) 203 Preponapraenestebuckleyana (Plurinational State of Bolivia) PHYLUM CNIDARIA CLASS ANTHOZOA (CORALS AND SEA ANEMONES) GORGONACEA Coralliidae Red and pink corals 204 Corallium elatius (China) 205 Corallium japonicum (China) 206 Corallium konjoi (China) 207 Corallium secundum (China) FLORA (PLANTS) FAGACEAE Beeches 208 Quercus mongolica #5 (Russian Federation) GNETACEAE Gnetums 209 Gnetummontanum #1 (Nepal) LEGUMINOSAE (Fabaceae) Afrormosia, cristobal, palisander, rosewood, sandalwoodSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 135 210 Dipteryxpanamensis (Costa Rica, Nicaragua) MAGNOLIACEAE Magnolias 211 Magnolia liliifera var. obovata #1 (Nepal) OLEACEAE Ashes, etc. 212 Fraxinus mandshurica #5 (Russian Federation) PALMAE (Arecaceae) Palms 213 Lodoiceamaldivica #13 (Seychelles) PAPAVERACEAE Poppy 214 Meconopsis regia #1 (Nepal) PINACEAE Firs and pines 215 Pinus koraiensis #5 (Russian Federation) PODOCARPACEAE Podocarps 216 Podocarpus neriifolius #1 (Nepal) TROCHODENDRACEAE (Tetracentraceae) Tetracentron 217 Tetracentronsinense #1 (Nepal) (1) For the exclusive purpose of allowing international trade in fibre from vicuñas (Vicugna vicugna) and their derivative products, only if the fibre comes from the shearing of live vicuñas. Trade in products derived from the fibre may only take place in accordance with the following provisions: (a) Any person or entity processing vicuña fibre to manufacture cloth and garments must request authorisation from the relevant authorities of the country of origin (Countries of origin: The countries where the species occurs, that is, Argentina, Bolivia, Chile, Ecuador and Peru) to use the “vicuña country of origin” wording, mark or logo adopted by the range States of the species that are signatories to the Convention for the Conservation and Management of the Vicuña. (b) Marketed cloth or garments must be marked or identified in accordance with the following provisions: (i) For international trade in cloth made from live-sheared vicuña fibre, whether the cloth was produced within or outside of the range States of the species, the wording, mark or logo must be used so that the country of origin can be identified. The VICUÑA [COUNTRY OF ORIGIN] wording, mark or logo has the format as detailed below:136 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— This wording, mark or logo must appear on the reverse side of the cloth. In addition, the selvages of the cloth must bear the words VICUÑA [COUNTRY OF ORIGIN]. (ii) For international trade in garments made from live-sheared vicuña fibre, whether the garments were produced within or outside of the range States of the species, the wording, mark or logo indicated in paragraph (b) (i) must be used. This wording, mark or logo must appear on a label on the garment itself. If the garments are produced outside of the country of origin, the name of the country where the garment was produced should also be indicated, in addition to the wording, mark or logo referred to in paragraph (b) (i). (c) For international trade in handicraft products made from live-sheared vicuña fibre produced within the range States of the species, the VICUÑA [COUNTRY OF ORIGIN] - ARTESANÍA wording, mark or logo must be used as detailed below: (d) If live-sheared vicuña fibre from various countries of origin is used for the production of cloth and garments, the wording, mark or logo of each of the countries of origin of the fibre must be indicated, as detailed in paragraphs (b) (i) and (ii). (e) All other specimens shall be deemed to be specimens of species listed in Appendix I and the trade in them shall be regulated accordingly (2) Populations of Botswana, Namibia, South Africa and Zimbabwe (listed in Appendix II): For the exclusive purpose of allowing: (a) trade in hunting trophies for non-commercial purposes; (b) trade in live animals to appropriate and acceptable destinations, as defined in Resolution Conf. 11.20 (Rev. CoP18), for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa; (c) trade in hides; (d) trade in hair; (e) trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia and South Africa and for non-commercial purposes for Zimbabwe; (f) trade in individually marked and certified ekipas incorporated in finished jewellery for non-commercial purposes for Namibia and ivory carvings for non- commercial purposes for Zimbabwe; (g) trade in registered raw ivory (for Botswana, Namibia, South Africa and Zimbabwe, whole tusks and pieces) subject to the following: (i) only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin); (ii) only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP18) concerning domestic manufacturing and trade;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 137 (iii) not before the Secretariat has verified the prospective importing countries and the registered government-owned stocks; (iv) raw ivory pursuant to the conditional sale of registered government- owned ivory stocks agreed at CoP12, which are 20,000 kg (Botswana), 10,000 kg (Namibia) and 30,000 kg (South Africa); (v) in addition to the quantities agreed at CoP12, government-owned ivory from Botswana, Namibia, South Africa and Zimbabwe registered by 31 January 2007 and verified by the Secretariat may be traded and despatched, with the ivory in paragraph (g) (iv) above, in a single sale per destination under strict supervision of the Secretariat; (vi) the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and (vii) the additional quantities specified in paragraph (g) (v) above shall be traded only after the Standing Committee has agreed that the above conditions have been met; and (h) no further proposals to allow trade in elephant ivory from populations already in Appendix II shall be submitted to the Conference of the Parties for the period from CoP14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraphs (g) (i), (g) (ii), (g) (iii), (g) (vi) and (g) (vii). In addition such further proposals shall be dealt with in accordance with Decisions 16.55 and 14.78 (Rev. CoP16). On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations. All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly. 9- Artificially propagated specimens of the following hybrids and/or cultivars are not subject to the provisions of the Convention: - Hatiora x graeseri - Schlumbergera x buckleyi - Schlumbergerarusselliana x Schlumbergeratruncata - Schlumbergeraorssichiana x Schlumbergeratruncata - Schlumbergeraopuntioides x Schlumbergeratruncata - Schlumbergeratruncata (cultivars) - Cactaceae spp. colour mutants grafted on the following grafting stocks: Harrisia 'Jusbertii', Hylocereustrigonus or Hylocereusundatus - Opuntia microdasys (cultivars). 10- Artificially propagated hybrids of the following genera are not subject to the provisions of the Convention, if conditions, as indicated under (a) and (b), are met: Cymbidium, Dendrobium, Phalaenopsis and Vanda:138 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (a) Specimens are readily recognizable as artificially propagated and do not show any signs of having been collected in the wild such as mechanical damage or strong dehydration resulting from collection, irregular growth and heterogeneous size and shape within a taxon and shipment, algae or other epiphyllous organisms adhering to leaves, or damage by insects or other pests; and (b) (i) when shipped in non-flowering state, the specimens must be traded in shipments consisting of individual containers (such as cartons, boxes, crates or individual shelves of CC-containers) each containing 20 or more plants of the same hybrid; the plants within each container must exhibit a high degree of uniformity and healthiness; and the shipment must be accompanied by documentation, such as an invoice, which clearly states the number of plants of each hybrid; or (ii) when shipped in flowering state, with at least one fully open flower per specimen, no minimum number of specimens per shipment is required but specimens must be professionally processed for commercial retail sale, e.g. labelled with printed labels or packaged with printed packages indicating the name of the hybrid and the country of final processing. This should be clearly visible and allow easy verification. Plants not clearly qualifying for the exemption must be accompanied by appropriate CITES documents. 11- Artificially propagated specimens of cultivars of Cyclamen persicum are not subject to the provisions of the Convention. However, the exemption does not apply to such specimens traded as dormant tubers. 12- Artificially propagated hybrids and cultivars of Taxus cuspidata, live, in pots or other small containers, each consignment being accompanied by a label or document stating the name of the taxon or taxa and the text 'artificially propagated', are not subject to the provisions of the Convention. #1- All parts and derivatives, except: (a) seeds, spores and pollen (including pollinia); (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; and (d) fruits, and parts and derivatives thereof, of artificially propagated plants of the genus Vanilla. #2- All parts and derivatives except: (a) seeds and pollen; and (b) finished products packaged and ready for retail trade. #3 - Whole and sliced roots and parts of roots, excluding manufactured parts or derivatives, such as powders, pills, extracts, tonics, teas and confectionery. #4 - All parts and derivatives, except:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 139 (a) seeds (including seedpods of Orchidaceae), spores and pollen (including pollinia). The exemption does not apply to seeds from Cactaceae spp. exported from Mexico, and to seeds from Beccariophoenix madagascariensis and Dypsisdecaryi exported from Madagascar; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) cut flowers of artificially propagated plants; (d) fruits, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genus Vanilla (Orchidaceae) and of the family Cactaceae; (e) stems, flowers, and parts and derivatives thereof, of naturalized or artificially propagated plants of the genera Opuntia subgenus Opuntia and Selenicereus (Cactaceae); and (f) finished products of Aloe ferox and Euphorbia antisyphilitica packaged and ready for retail trade. #5 - Logs, sawn wood and veneer sheets. #6 - Logs, sawn wood, veneer sheets and plywood. #7 - Logs, woodchips, powder and extracts. #8 - Underground parts (i.e. roots, rhizomes): whole, parts and powdered. #9 - All parts and derivatives except those bearing a label: "Produced from Hoodia spp. material obtained through controlled harvesting and production under the terms of an agreement with the relevant CITES Management Authority of [Botswana under agreement No. BW/xxxxxx] [Namibia under agreement No. NA/xxxxxx] [South Africa under agreement No. ZA/xxxxxx]". #10 - Designates logs, sawn wood and veneer sheets, including unfinished wood articles used for the fabrication of bows for stringed musical instruments. #11 - Logs, sawn wood, veneer sheets, plywood, powder and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation. #12 - Logs, sawn wood, veneer sheets, plywood and extracts. Finished products containing such extracts as ingredients, including fragrances, are not considered to be covered by this annotation. #13 - The kernel (also known as 'endosperm', 'pulp' or 'copra') and any derivative thereof, except finished products packaged and ready for retail trade.140 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— #14 - All parts and derivatives except: (a) seeds and pollen; (b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; (c) fruits; (d) leaves; (e) exhausted agarwood powder, including compressed powder in all shapes; and (f) finished products packaged and ready for retail trade, this exemption does not apply to wood chips, beads, prayer beads and carvings. #15 - All parts and derivatives, except: (a) leaves, flowers, pollen, fruits, and seeds; (b) finished products to a maximum weight of wood of the listed species of up to 10 kg per shipment; (c) finished musical instruments, finished musical instrument parts and finished musical instrument accessories; (d) parts and derivatives of Dalbergia cochinchinensis, which are covered by Annotation # 4; (e) parts and derivatives of Dalbergia spp. originating and exported from Mexico, which are covered by Annotation # 6. #16 - Seeds, fruits and oils. #17 - Logs, sawn wood, veneer sheets, plywood and transformed wood. #18 - Excluding parts and derivatives, other than eggs.’.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 141 STATEMENT OF OBJECTS AND REASONS The Wild Life (Protection) Act, 1972 (the Act) provides for the protection of wild animals, birds and plants and for matters connected therewith or ancillary or incidental with a view to ensuring the ecological and environmental security of the country. 2. India is a party to the Convention on International trade in Endangered Species of Wild Fauna and Flora (the Convention) which requires that appropriate measures are taken to enforce the provisions of the Convention. It is proposed to amend the Act to provide for the implementation of the Convention. 3. The Act broadly has two classes of animals, that is to say, (a) species listed in Schedule I and Part II of Schedule II; and (b) species listed in Part I of Schedule II, Schedule III, and Schedule IV, based on which their protections and penalties for contravention differ. Since, the Act essentially has only these two levels of protection for animals, the segregation of protected animals or species in four Schedule may not be appropriate and may cause confusion and be difficult for the public to understand. Therefore, it is proposed to rationalise and amend the Schedules. 4. Accordingly, the Wild Life (Protection) Amendment Bill, 2021 proposes to amend the Wild Life (Protection) Act, 1972. The Bill, inter alia, proposes to— (a) amend the preamble to the Act so as to include the aspects of "conservation" and "management" of wild life which are covered by the Act; (b) rationalise and amend the Schedules to the Act for the purposes of clarity; (c) insert a new Chapter VB in the Act for proper implementation of the provisions of the Convention in India; (d) insert provisions to enable control of invasive alien species; (e) insert a provision to allow the State Boards for Wild Life to constitute Standing Committees, etc.; (f) make amendments for better management of protected areas; (g) insert an explanation so as to provide that certain permitted activities such as, grazing or movement of livestock, bona fide use of drinking and household water by local communities, etc., shall be considered as non-prohibitive under section 29 of the Act; (h) insert provisions for better care of seized live animals and disposal of seized wild life parts and products; (i) insert a provision to allow for transfer or transport of live elephants by person having ownership certificates in accordance with conditions prescribed by the Central Government; (j) insert a provision to enable the Central Government to call for information and issue directions for proper implementation of the Act; and (k) make other consequential amendments in the Act. 5. The notes on clauses explain in detail various provisions contained in the Bill. 6. The Bill seeks to achieve the above objectives. NEW DELHI; BHUPENDER YADAV. The 10th December, 2021.142 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 30 of the Bill seeks to insert a new Chapter VB in the Wild Life (Protection) Act, 1972 so as to provide for the provisions to implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The proposed new section 49E provides that the Central Government may designate an officer not below the rank of the Additional Director General of Forests as the Management Authority for discharging functions and exercising powers under the Act. Sub-section (4) thereof provides that the Central Government may appoint such officers and employees as may be necessary to assist the Management Authority in discharging its functions or exercising the powers under the proposed new Chapter, on such terms and conditions of service including salaries and allowances as may be prescribed. The salaries and allowances of the officers and employees to be appointed shall be met from the sanctioned budget of the Central Government under the Plan Scheme "Integrated Development of Wildlife Habitats". 2. The Bill, if enacted and brought into operation, is not likely to involve any other expenditure of recurring or non-recurring nature from and out of the Consolidated Fund of India. MEMORANDUM REGADING DELEGATED LEGISLATION Clause 40 of the Bill seeks to amend section 63 of the Wild Life (Protection) Act, 1972 which confers power upon the Central Government to make rules. The matters on which rules may be made, inter alia, relate to— (a) terms and conditions of the committee, sub-committees or study groups under sub-section (3) of section 5B; (b) the manner of disposal of Government property under sub-section (5) of section 39; (c) the registration and conduct of transfer or transport under sub-section (4) of section 43; (d) 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; (e) 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; (f) the reporting of details of scheduled specimens and the transaction as per sub-section (3) of section 49H; (g) the matters provided for in sub- sections (8) and (9) of section 49M; (h) the form and manner of the application, the fee payable, the form of certificate of registration, and the procedure to be followed in granting or cancelling a certificate of registration as per sub-section (2) of section 49N; (i) the fee payable for renewal of certificates of registration as per sub-section (3), and manner of making appeal under sub-section (4), of section 49-O; (j) any other matter for proper implementation of the Convention as may be required under Chapter VB. 2. The rules made by the Central Government under section 63 of the Act, shall be laid as soon as they are made, before each House of Parliament. 3. The matters in respect of which rules may be made are matters of procedure or administrative details and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. ————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 143 Bill No. 161 of 2021 A Bill further to amend the Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Chartered Accountants, the Cost and Works Short title Accountants and the Company Secretaries (Amendment) Act, 2021. and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.144 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER II AMENDMENTS TO THE CHARTERED ACCOUNTANTS ACT, 1949 Amendment 2. In the Chartered Accountants Act, 1949 (hereafter in this Chapter referred to as the 38 of 1949. of long title principal Act), in the long title and preamble, for the word “regulation”, the words “regulation and preamble. and development” shall be substituted. Amendment 3. In section 2 of the principal Act, in sub-section (1),–– of section 2. (i) after clause (aaa), the following clause shall be inserted, namely:–– ‘(ab) “Board of Discipline” means the Board of Discipline constituted under sub-section (1) of section 21A;’; (ii) after clause (b), the following clauses shall be inserted, namely:–– ‘(ba) “Coordination Committee” means the Coordination Committee constituted under section 9A; (bb) “Companies Act” means the Companies Act, 2013 or any other previous 18 of 2013. company law as defined in sub-section (67) of section 2 of the said Act;’; (iii) in clause (c), after the words “Council of the Institute”, the words “constituted under section 9” shall be inserted; (iv) after clause (ca), the following clauses shall be inserted, namely:–– ‘(cb) “Director (Discipline)” means the Director (Discipline) referred to in section 21 and includes Joint Director (Discipline); (cc) “Disciplinary Committee” means the Disciplinary Committee constituted under sub-section (1) of section 21B; (cd) “Disciplinary Directorate” means the Disciplinary Directorate established under sub-section (1) of section 21; (ce) “fellow” means a fellow member of the Institute;’; (v) for clause (ea), the following clause shall be substituted, namely:–– (ea) "Notification" means a notification published in the Official Gazette and the term "notify" shall be construed accordingly;'; (vi) for clause (g), the following clause shall be substituted, namely:–– ‘(g) “Register” means the Register of members of the Institute maintained under section 19 or the Register of firms of the Institute maintained under section 20B, as the case may be;’; (vii) after clause (haa), the following clause shall be inserted, namely:–– ‘(haaa) “Standing Committee” means a Standing Committee constituted under sub-section (1) of section 17;’. Amendment 4. In section 4 of the principal Act,–– of section 4. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in sub-section (1), in clauses (v) and (vi), for the words “without India”, wherever they occur, the words “outside India” shall be substituted; (iii) in sub-section (3),–– (a) the words “, which shall not exceed rupees three thousand” shall be omitted; (b) the proviso shall be omitted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 145 5. In section 5 of the principal Act,–– Amendment of section 5. (i) for the word “Register”, occurring at both the places, the words “Register of members” shall be substituted; (ii) in sub-section (3),–– (a) the words “which shall not exceed rupees five thousand” shall be omitted; (b) the proviso shall be omitted. 6. In section 6 of the principal Act, for sub-section (2), the following sub-section shall Amendment be substituted, namely:— of section 6. “(2) Every such member shall pay annual fee for the certificate as may be determined, by notification, by the Council, and such fee shall be payable on or before the 1st day of April each year.”. 7. In section 8 of the principal Act,–– Amendment of section 8. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in clause (iii), after the words “undischarged insolvent”, the words “or an undischarged bankrupt” shall be inserted; (iii) after clause (iii), the following clause shall be inserted, namely:–– “(iiia) is declared bankrupt under the Insolvency and Bankruptcy Code, 31 of 2016. 2016; or”; (iv) in clause (v),–– (a) for the words “without India”, the words “outside India” shall be substituted; (b) the words “transportation or” shall be omitted. 8. In section 9 of the principal Act,–– Amendment of section 9. (i) in sub-section (2),–– (a) for the word “Register”, occurring at both the places, the words “Register of members” shall be substituted; (b) for the words “three years”, the words “four years” shall be substituted; (c) for the words “six years”, the words “eight years” shall be substituted; (ii) in sub-section (4),–– (a) for the word “person”, the words “member of the Institute or any partner of a firm” shall be substituted; (b) for the words “three years”, the words “four years” shall be substituted. 9. After section 9 of the principal Act, the following section shall be inserted, Insertion of namely:— new section 9A. “9A. (1) There shall be a Coordination Committee consisting of the President, Coordination Vice-President and the Secretary of the Council of each of the Institutes of Chartered Committee. Accountants of India, the Cost Accountants of India and the Company Secretaries of India for the development and harmonisation of the professions of Chartered Accountants, Cost Accountants and Company Secretaries. (2) The meeting of the Coordination Committee shall be chaired by the Secretary, Ministry of Corporate Affairs.146 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The meeting of the Coordination Committee shall be held once in every quarter of a year. (4) The Committee shall be responsible for the effective coordination of the functions assigned to each Institute and shall–– (i) ensure quality improvement of the academics, infrastructure, research and all related works of the Institute; (ii) focus on the coordination and collaboration among the professions, to make the profession more effective and robust; (iii) align the cross-disciplinary regulatory mechanisms for inter professional development; (iv) make recommendations in matters relating to regulatory policies for the professions; (v) perform such other functions incidental to clauses (i) to (iv) above.”. Amendment 10. Section 10 of the principal Act shall be renumbered as sub-section (1) thereof and,–– of section 10. (i) in the first proviso to sub-section (1) as so renumbered, for the words “three consecutive terms”, the words “two consecutive terms” shall be substituted; (ii) after sub-section (1) as so renumbered and amended, the following sub-section shall be inserted, namely:–– “(2) Notwithstanding anything contained in sub-section (1), a member of the Council who immediately at the commencement of the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2021, has held office as such member for two terms or is holding office for the second term of three years, shall be eligible to contest for one more term of four years and a member who has held office for one term or is holding office for the first term of three years, shall be eligible to contest for two more consecutive terms.”. Amendment 11. In section 12 of the principal Act,–– of section 12. (i) in sub-section (1), the proviso shall be omitted; (ii) in sub-section (2), for the words “Chief Executive Authority”, the word “Head” shall be substituted; (iii) after sub-section (2), the following sub-sections shall be inserted, namely:–– “(2A) The President shall preside at the meetings of the Council. (2B) The President and the Vice-President shall exercise such powers and perform such duties and functions as may be prescribed. (2C) It shall be the duty of the President to ensure that the decisions taken by the Council are implemented. (2D) If, for any reason a vacancy occurs in the office of the President, or if the President is absent or for any other reason, is unable to exercise the powers or perform the duties assigned to him, the Vice-President shall act in his place and shall exercise the powers and perform the duties of the President.”. Amendment 12. In section 13 of the principal Act, in sub-section (2), for the word “Register”, the of section 13. words “Register of members” shall be substituted. Amendment 13. In section 14 of the principal Act, in sub-section (1), for the words “three years”, the of section 14. words “four years” shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 147 14. In section 15 of the principal Act, in sub-section (2),–– Amendment of section 15. (i) for clauses (b) and (c), the following clauses shall be substituted, namely:— “(b) the prescribing of fees for the examination of candidates for enrolment; (c) the granting or refusal, of registration of a firm;”; (ii) in clause (d), for the word “Register”, the words “Register of members” shall be substituted; (iii) for clause (f), the following clauses shall be substituted, namely:–– “(f) the prescribing of guidelines for grant or refusal of certificates of practice under this Act; (fa) to issue guidelines for the purpose of carrying out the objects of this Act;”; (iv) clause (g) shall be omitted; (v) in clause (h), the words “and collection” shall be omitted; (vi) clause (i) shall be omitted; (vii) for clause (l), the following clauses shall be substituted, namely:— “(l) to conduct investor education and awareness programmes; (la) to enter into any memorandum or arrangement with the prior approval of the Central Government, with any agency of a foreign country, for the purpose of performing its functions under this Act;”. 15. After section 15A of the principal Act, the following section shall be inserted, Insertion of new section namely:–– 15B. “15B. The functions of the Institute shall include–– Functions of Institute. (a) the examination of candidates for enrolment; (b) the regulation of the engagement and training of articled and audit assistants; (c) the maintenance and publication of a Register of persons qualified to practice as chartered accountants; (d) the maintenance and publication of Register of firms; (e) collection of fees from members, examinees and other persons; (f) subject to the orders of the appropriate authorities under this Act, the removal of names from the Registers of members and firms and the restoration of names to the Registers of members and firms which have been removed; (g) the maintenance of a library and publication of books and periodicals relating to accountancy and allied subjects; (h) the conduct of elections to the Council of the Institute; and (i) the granting or refusal of certificates of practice as per guidelines issued by the Council.”. 16. In section 16 of the principal Act,–– Amendment of section 16. (i) for sub-section (1), the following sub-section shall be substituted, namely:—148 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— “(1) For the efficient performance of its duties, the Council shall appoint— (a) a Secretary who will carry out administrative functions of the Institute, as its Chief Executive Officer; (b) a Director (Discipline) and Joint Directors (Discipline) not below the rank of Deputy Secretary of the Institute, to perform such functions as are assigned to them under this Act and the rules and regulations framed thereunder: Provided that no appointment or re-appointment or termination of appointment of Director (Discipline) or Joint Director (Discipline) shall have effect unless such appointment, re-appointment or termination of appointment is made with the previous approval of the Central Government.”; (ii) in sub-section (2), for clause (c), the following clause shall be substituted, namely:–– “(c) prescribe the manner of appointment, powers, duties and functions of the Secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service;”. Amendment 17. In section 18 of the principal Act, for sub-section (5), the following sub-section of section 18. shall be substituted, namely:— “(5) The annual accounts of the Council shall be prepared in such manner as may be prescribed and subject to audit by a firm of chartered accountants to be appointed annually by the Council from the panel of auditors maintained by the Comptroller and Auditor-General of India: Provided that a firm shall not be eligible for appointment as an auditor under this sub-section, if any of its partner is or has been a member of the Council during the last four years: Provided further that in the event it is brought to the notice of the Council that the accounts of the Council do not represent a true and fair view of its finances, then, the Council may itself cause a special audit to be conducted: Provided also that, if such information, that the accounts of the Council do not represent a true and fair view of its finances, is sent to the Council by the Central Government, then, the Council may, wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish an action taken report thereon to the Central Government.”. Amendment 18. In section 19 of the principal Act,–– of section 19. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) The Council shall maintain a Register of members of the Institute in such manner as may be prescribed.”; (iii) in sub-section (2), after clause (c), the following clause shall be inserted, namely:–– “(ca) whether any actionable information or complaint is pending or any penalty has been imposed against him under Chapter V, including details thereof, if any;”;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 149 (iv) in sub-section (4),–– (a) the words “, which shall not exceed rupees five thousand” shall be omitted; (b) the proviso shall be omitted. 19. In section 20 of the principal Act,–– Amendment of section 20. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in sub-section (3),–– (a) the words “, which shall not exceed rupees two thousand” shall be omitted; (b) the proviso shall be omitted. 20. After Chapter IV of the principal Act, the following Chapter shall be inserted, Insertion of namely:–– new Chapter IVA. “CHAPTER IVA REGISTRATION AND REGISTER OF FIRMS 20A. Every firm shall be registered with the Institute on an application made to Registration the Council, by any partner or owner of a firm, in such manner and subject to such of firms. terms and conditions as may be prescribed: Provided that the Council may refuse to register a firm, if the name of such firm is identical or similar to the name of any other firm already registered or the name is in use by any firm within or outside India or in the opinion of the Council, registration of the firm is undesirable. 20B. (1) The Council shall maintain, in such manner as may be prescribed, a Register of Register of firms. firms. (2) The Register of firms shall include such particulars about the firm, including details of pendency of any actionable information or complaint or imposition of penalty against it under Chapter V, in such form and at such intervals, as may be prescribed. (3) The Council shall cause to be published in such manner as may be prescribed, a list of firms registered with the Institute as on the 1st day of April of each year or at any such interval as may be decided by the Council, and shall make available the list to such persons, in such form and on payment of such amount as may be prescribed. 20C. The Council shall remove from the Register of firms the name of any firm— Removal from Register (a) which is dissolved or liquidated; or of firms. (b) from which a request has been received to that effect; or (c) is declared insolvent or bankrupt under the Insolvency and Bankruptcy 31 of 2016. Code, 2016 and remains undischarged; or (d) which has been debarred from undertaking any activity or activities relating to the profession of a chartered accountant in practice under any law for the time being in force or by any competent court; or (e) in respect of which an order for removal has been passed under this Act.150 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Review 20D. (1) Any firm aggrieved by the decision for refusal of registration may apply before for review before the Council within one month from the date of such refusal. Council. (2) The Council may, after considering the review application, confirm or set aside the decision so taken or pass such orders as it may consider appropriate.”. Substitution 21. For section 21 of the principal Act, the following section shall be substituted, of section 21. namely:— Disciplinary “21. (1) The Council shall, by notification, establish a Disciplinary Directorate Directorate. consisting of a Director (Discipline), at least two Joint Directors (Discipline) not below the rank of Deputy Secretary of the Institute and such other employees appointed under section 16, for making investigations either suo motu, or on receipt of an information or a complaint, in such form, along with such fees as may be specified. (2) Within thirty days of receipt of an information or a complaint, the Director (Discipline) shall decide in such manner as may be specified, whether a complaint or information is actionable or is liable to be closed as non-actionable: Provided that the Director (Discipline) may call for additional information from the complainant or the informant, as the case may be, by giving fifteen days time before deciding whether the case is actionable or non-actionable: Provided further that the recommendations of the Director (Discipline) on non-actionable complaints or information shall be submitted to the Board of Discipline within sixty days of its receipt and the Board of Discipline may, after looking into its merits refer such complaint or information to the Director (Discipline) for conducting further investigation. (3) While making investigation into a case which is found to be actionable, the Director (Discipline) shall give an opportunity to the member or the firm, as the case may be, to submit a written statement within twenty-one days which may further be extended by another twenty-one days, for reasons to be recorded in writing. (4) Upon receipt of the written statement under sub-section (3), if any, the Director (Discipline) shall send a copy thereof to the complainant or the informant, as the case may be, and the complainant or the informant shall, within twenty-one days of the receipt of such written statement, submit his rejoinder. (5) Upon receipt of written statement under sub-section (3) and rejoinder under sub-section (4), the Director (Discipline) shall submit a preliminary examination report within thirty days, if a prima facie case is made out against a member or a firm, as the case may be. (6) In case a prima facie case is made out for any professional or other misconduct mentioned in the First Schedule, the Director (Discipline) shall submit the preliminary examination report to the Board of Discipline and where prima facie case is made out for any professional or other misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule, he shall submit a preliminary examination report to the Disciplinary Committee: Provided that a complaint or information filed by any authorised officer of the Central Government or a State Government or any statutory authority duly supported by an investigation report or relevant extract of the investigation report along with supporting evidence, shall be treated as preliminary examination report: Provided further that where no prima facie case is made out against the member or the firm, the Director (Discipline) shall submit such information or complaint with relevant documents to the Board of Discipline and the Board of Discipline may, if it agrees with the findings of the Director (Discipline), close the matter or in case of disagreement, itself proceed further or refer the matter to the Disciplinary Committee or advise the Director (Discipline) to further investigate the matter.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 151 (7) For the purpose of investigation under this Act, the Disciplinary Directorate shall follow such procedure as may be specified. (8) A complaint filed with the Disciplinary Directorate shall not be withdrawn under any circumstances. (9) The status of actionable information and complaints pending before the Disciplinary Directorate, Boards of Discipline and Disciplinary Committees and the orders passed by the Boards of Discipline under section 21A and by the Disciplinary Committees under section 21B shall be made available in the public domain by the Disciplinary Directorate in such manner as may be prescribed.”. 22. For section 21A of the principal Act, the following section shall be substituted, Substitution namely:–– of section 21A. “21A. (1) The Council shall, by notification, constitute one or more Boards of Board of Discipline, each consisting of— Discipline. (a) a person, not being a member of the Institute, with experience in law and having knowledge of disciplinary matters and the profession, to be nominated by the Central Government as its Presiding Officer, from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (b) one member, who is a person of eminence having experience in the field of law, economics, business, finance or accountancy and not being a member of the Institute, to be nominated by the Central Government from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (c) one member to be nominated by the Council from out of a panel of members of the Institute to be prepared by the Council, in such manner as may be prescribed; (d) an officer of the Institute not below the rank of a Deputy Secretary shall function as the Secretary of the Board of Discipline: Provided that the Presiding Officer nominated under clause (a) and the member nominated under clause (b) may be the same for different Boards of Discipline constituted under this sub-section. (2) The Board of Discipline shall, while considering the cases placed before it, follow such procedure including faceless proceedings and virtual hearings as may be specified. (3) The Board of Discipline shall, on receipt of preliminary examination report from Director (Discipline), require the member or the firm, as the case may be, against whom such preliminary examination report has been filed, to submit a written statement within twenty-one days which may further be extended by another twenty-one days, in exceptional circumstances, for reasons to be recorded in writing. (4) The Board of Discipline shall conclude its inquiry within ninety days of the receipt of preliminary examination report from the Director (Discipline). (5) Upon inquiry, if the Board of Discipline finds that such member is guilty of a professional or other misconduct mentioned in the First Schedule, it may pass an order within thirty days of such finding, after providing an opportunity of being heard to the member taking any one or more of the following actions, namely:–– (a) reprimand the member and record it in the Register of members; (b) remove the name of the member or members from the Register of members up to a period of six months; (c) impose such fine as it may think fit which may extend to two lakh rupees.152 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (6) Where on the basis of evidence brought on record or during the course of an inquiry pertaining to a member, the Board of Discipline is of the opinion that any such member who is a partner or owner of a firm, has been repeatedly found guilty of misconduct mentioned in the First Schedule during the last five years, the following action may also be taken against such firm, namely:–– (a) prohibit the firm from undertaking any activity or activities relating to the profession of a chartered accountant in practice for such period not exceeding one year; or (b) impose such fine as it may think fit, which may extend to twenty-five lakh rupees. (7) Where a member or a firm fails to pay the fine imposed under sub-section (5) or sub-section (6) within such time as may be specified, the Council shall remove the name of such member or firm from the Register of members or Register of firms, as the case may be, for such period as it may think fit. (8) The Presiding Officer and members of the Board of Discipline shall be paid such allowances as may be prescribed.”. Substitution 23. For section 21B of the principal Act, the following section shall be substituted, of section namely:— 21B. Disciplinary “21B. (1) The Council shall, by notification, constitute one or more Disciplinary Committee. Committees, each consisting of— (a) a person, not being a member of the Institute, with experience in law and having knowledge of disciplinary matters and the profession, to be nominated by the Central Government as its Presiding Officer, from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (b) two members, who are persons of eminence having experience in the field of law, economics, business, finance or accountancy and not being a member of the Institute, to be nominated by the Central Government from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (c) two members to be nominated by the Council from out of a panel of members of the Institute to be prepared by the Council in such manner as may be prescribed: Provided that the Presiding Officer nominated under clause (a) and the members nominated under clause (b) may be the same for different Disciplinary Committees constituted under this sub-section. (2) The Disciplinary Committee shall, while considering the cases placed before it, follow such procedure including faceless proceedings and virtual hearings as may be specified. (3) The Disciplinary Committee shall, on receipt of preliminary examination report from Director (Discipline), require the member or the firm, as the case may be, against whom such preliminary examination report has been filed, to submit a written statement within twenty-one days, which may further be extended by another twenty-one days in exceptional circumstances, for reasons to be recorded in writing. (4) The Disciplinary Committee shall conclude its inquiry within one hundred and eighty days of receipt of the preliminary examination report from the Director (Discipline).SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 153 (5) Upon inquiry, if the Disciplinary Committee finds that a member is guilty of a professional or other misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule, it may pass an order within thirty days of such a finding, after providing an opportunity of being heard to the member, taking any one or more of the following actions, namely:— (a) reprimand the member and record it in the Register of members; or (b) remove the name of the member from the Register of members permanently or for such period, as it may think fit; or (c) impose such fine as it may think fit, which may extend to ten lakh rupees. (6) Where on the basis of evidence brought on record or during the course of an inquiry pertaining to a member, the Disciplinary Committee is of the opinion that any such member, who is a partner or owner of a firm has been repeatedly found guilty of misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule, during the last five years, the following action may also be taken against such firm, namely:–– (a) prohibit the firm from undertaking any activity or activities relating to the profession of a chartered accountant in practice for such period not exceeding two years; or (b) suspend or cancel the registration of the firm and remove its name from the Register of firms permanently or for such period as it may think fit; or (c) impose such fine as it may think fit, which may extend to fifty lakh rupees. (7) Where a member or a firm fails to pay the fine imposed under sub-section (5) or sub-section (6) within the specified time, the Council shall remove the name of such member or firm from the Register of members or Register of firms, as the case may be, for such period, as it may think fit. (8) The Presiding Officer and members of the Disciplinary Committee shall be paid such allowances as may be prescribed.”. 24. In section 21C of the principal Act, the Explanation shall be omitted. Amendment of section 21C. 25. For section 21D of the principal Act, the following section shall be substituted, Substitution namely:— of section 21D. “21D. All complaints or any inquiry pending before the Board of Discipline or Transitional the Disciplinary Committee or any reference or appeal filed before the Appellate provisions. Authority or before a High Court prior to the commencement of the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2021, shall continue to be governed by the provisions of this Act, as if this Act had not been amended by the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2021.”. 26. For section 22 of the principal Act, the following section shall be substituted, Substitution namely:— of section 22. ‘22. For the purposes of this Act, the expression “professional or other Professional misconduct” shall be deemed to include any act or omission, on the part of any or other member of the Institute either in his individual capacity or as partner or owner of a firm, misconduct defined. as mentioned in any of the Schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the Director (Discipline) under sub-section (1) of section 21 to inquire into the conduct of such member or firm, under any other circumstances.'.154 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 27. In section 22G of the principal Act,–– of section 22G. (i) in sub-section (1),–– (a) after the words “Any member of the Institute”, the words “or a firm” shall be inserted; (b) for the words “imposing on him”, the words “imposing on such member or firm” shall be substituted; (c) for the words, brackets, figures and letters “sub-section (3) of section 21A and sub-section (3) of section 21B, may”, the words, brackets, figures and letters “sub-section (5) or sub-section (6) of section 21A or sub-section (5) or sub-section (6) of section 21B, as the case may be, may” shall be substituted; (d) for the words “communicated to him”, the words “communicated to such member or firm” shall be substituted; (ii) in sub-section (2), for the words, brackets, figures and letters “sub-section (3) of section 21A and sub-section (3) of section 21B”, the words, brackets, figures and letters “sub-section (5) or sub-section (6) of section 21A or sub-section (5) or sub-section (6) of section 21B,” shall be substituted; (iii) after sub-section (2), the following sub-section and Explanations shall be inserted, namely:–– ‘(3) No order or act or proceeding of the Authority shall be called in question in any manner, on the ground merely of any defect in the constitution of, or a casual vacancy or absence of one or two members, of the Authority. Explanation 1.—For the purposes of this Chapter,–– (A) “member of the Institute” includes a person who was a member of the Institute on the date of the alleged misconduct although he has ceased to be a member of the Institute at the time of the inquiry; (B) a “firm” registered with the Institute shall also be held liable for misconduct of a member who was its partner or owner on the date of the alleged misconduct, although he has ceased to be such partner or owner, at the time of the inquiry. Explanation 2.—No action taken under the provisions of this Chapter shall bar a Central Government Department or a State Government or any statutory authority or regulatory body to take action against a member or a firm registered with the Institute under any other law for the time being in force.’. Amendment 28. In section 24 of the principal Act,–– of section 24. (a) for the words “one thousand rupees”, the words “one lakh rupees” shall be substituted; (b) for the words “five thousand rupees”, the words “five lakh rupees” shall be substituted. Amendment 29. In section 24A of the principal Act, in sub-section (2),–– of section 24A. (i) for the words “be punishable with fine which may extend on first conviction to one thousand rupees”, the words “be punishable with imprisonment which may extend to six months, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both on first conviction” shall be substituted; (ii) for the words “six months, or with fine which may extend to five thousand rupees”, the words “one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees” shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 155 30. In section 25 of the principal Act, in sub-section (2),–– Amendment of section 25. (a) after the words “punishable with fine”, the words “which shall not be less than two lakh rupees but” shall be inserted; (b) for the words “one thousand rupees”, the words “ten lakh rupees” shall be substituted; (c) for the words “to five thousand rupees”, the words “with fine which shall not be less than four lakh rupees but which may extend to twenty lakh rupees” shall be substituted. 31. In section 26 of the principal Act, in sub-section (2),–– Amendment of section 26. (a) for the words “five thousand rupees”, the words “one lakh rupees” shall be substituted; (b) for the words “one lakh rupees”, the words “five lakh rupees” shall be substituted; (c) for the words “ten thousand rupees”, the words “two lakh rupees” shall be substituted; (d) for the words “two lakh rupees”, the words “ten lakh rupees” shall be substituted. 32. In section 28B of the principal Act, after clause (c), the following clause shall be Amendment inserted, namely:–– of section 28B. “(d) to forward cases of non-compliance with various statutory and regulatory requirements by the members of the Institute or firms, noticed by it during the course of its reviews, to the Disciplinary Directorate for its examination.”. 33. In section 29 of the principal Act, in sub-section (2), for the word “Register”, the Amendment words “Register of members” shall be substituted. of section 29. 34. In section 29A of the principal Act, in sub-section (2),— Amendment of section (i) for clauses (c) and (d), the following clauses shall be substituted, namely:–– 29A. “(c) the form and fee for filing an information or a complaint under sub-section (1), the manner of deciding a complaint or information as actionable or non-actionable under sub-section (2) and the procedure of investigation under sub-section (7), of section 21; (d) the procedure while considering the cases by the Board of Discipline under sub-section (2) and time limit for payment of fine under sub-section (7) of section 21A; (da) the procedure while considering the cases by the Disciplinary Committee under sub-section (2) and time limit for payment of fine under sub-section (7) of section 21B;”. 35. In section 30 of the principal Act, in sub-section (2),–– Amendment of section 30. (i) in clauses (b), (e) and (h), for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) clause (g) and clause (i) shall be omitted; (iii) for clause (r), the following clauses shall be substituted, namely:–– “(r) the qualification required for the purposes of sub-section (3) of section 5; (ra) the circumstances under which certificates of practice may be cancelled under sub-section (3) of section 6;156 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (rb) the guidelines for granting or refusal of certificates of practice under clause (f) of sub-section (2) of section 15; (rc) the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council under clause (c) of sub-section (2) of section 16; (rd) the manner of preparing annual financial statement under sub-section (4) and the annual accounts under sub-section (5), of section 18; (re) the manner of maintaining a Register of members of the Institute under sub-section (1) and the manner in which the annual list of members registered with the Institute shall be published under sub-section (3) of section 19; (rf) the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20A; (rg) the manner of maintenance of Register of firms, and other particulars including details of pendency of any actionable information or complaint or imposition of penalty against the firm under sub-section (1) and sub-section (2), and the manner in which the annual list of firms registered with the Institute shall be published under sub-section (3), of section 20B; (rh) the manner of making available status of actionable information and complaints and orders passed under sub-section (9) of section 21; (ri) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Boards of Discipline under sub-section (8), of section 21A; (rj) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Disciplinary Committees under sub-section (8), of section 21B; (rk) the salaries and allowances and conditions of service of officers and other staff of Authority under sub-section (2) of section 22E; (rl) the manner in which Regional Council may be constituted under sub-section (2) of section 23 and the functions thereof; and”. Amendment 36. In the First Schedule to the principal Act,— of First Schedule. (i) in the heading, for the figures, brackets and letter “21(3), 21A(3)”, the figures, brackets and letters “21(6), 21A(5) and (6), 21B(5) and (6)” shall be substituted; (ii) in Part I, in item (9), after the words and figures “Companies Act, 1956”, the 1 of 1956. words and figures “or sections 139 to 141 of the Companies Act, 2013 or any other law 18 of 2013. pertaining to appointment of auditors for the time being in force” shall be inserted. Amendment 37. In the Second Schedule to the principal Act,–– of Second Schedule. (i) in the heading, for the figures, brackets and letter “21(3), 21B(3)”, the figures, brackets and letter “21(6), 21B(5) and (6)” shall be substituted; (ii) in Part I, in item (3), for the words “belief that he”, the words “belief that he or his firm” shall be substituted; (iii) in Part II, after item (4), the following item shall be inserted, namely:–– “(5) acts as an auditor of the company in contravention of the provisions of the Companies Act, 2013.”. 18 of 2013. CHAPTER III AMENDMENTS TO THE COST AND WORKS ACCOUNTANTS ACT, 1959 Amendment 38. In the Cost and Works Accountants Act, 1959 (hereafter in this Chapter referred to 23 of 1959. of long title. as the principal Act), in the long title, for the words “regulation of the profession of cost and works accountants”, the words “regulation and development of the profession of cost accountants” shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 157 39. In section 1 of the principal Act, in sub-section (1), for the words “Cost and Works Amendment Accountants”, the words “Cost Accountants” shall be substituted. of section 1. 40. In section 2 of the principal Act, in sub-section (1),–– Amendment of section 2. (i) after clause (aaa), the following clauses shall be inserted, namely:–– ‘(ab) “Board of Discipline” means the Board of Discipline constituted under sub-section (1) of section 21A; 18 of 2013. (ac) “Companies Act” means the Companies Act, 2013 or any other previous company law as defined in sub-section (67) of section 2 of the said Act;’; (ii) in clause (c), after the words “Council of the Institute”, the words “constituted under section 9” shall be inserted; (iii) after clause (c), the following clauses shall be inserted, namely:–– ‘(ca) “Director (Discipline)” means the Director (Discipline) referred to in section 21 and includes Joint Director (Discipline); (cb) “Disciplinary Committee” means the Disciplinary Committee constituted under sub-section (1) of section 21B; (cc) “Disciplinary Directorate” means the Disciplinary Directorate established under sub-section (1) of section 21;’; (iv) in clause (d), the figures “1956” shall be omitted; (v) for clause (e), the following clause shall be subsituted, namely:— ‘(e) “fellow” means a fellow member of the Institute;’; (vi) for clause (fa), the following clause shall be substituted, namely:–– ‘(fa) “notification” means a notification published in the Official Gazette and the term “notify” shall be construed accordingly;’; (vii) for clause (i), the following clause shall be substituted, namely:–– ‘(i) “Register” means the Register of members of the Institute maintained under section 19 or Register of firms of the Institute maintained under section 20B, as the case may be;’; (viii) after clause (iaa), the following clause shall be inserted, namely:— ‘(iaaa) “Standing Committee” means a Standing Committee constituted under sub-section (1) of section 17;’. 41. In Chapter II of the principal Act, in the heading, the words “AND WORKS” shall Amendment be omitted. of heading of Chapter II. 42. In section 4 of the principal Act,–– Amendment of section 4. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in sub-section (1), in clauses (iv) and (v), for the words “without India”, wherever they occur, the words “outside India” shall be substituted; (iii) in sub-section (3),— (a) the words ", which shall not exceed rupees three thousand" shall be omitted; (b) the proviso shall be omitted.158 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 43. In section 5 of the principal Act,––– of section 5. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in sub-section (4), the words “which shall not exceed rupees five thousand,” shall be omitted; (iii) the proviso shall be omitted. Amendment 44. In section 6 of the principal Act, in sub-section (2),— of section 6. (i) words “which shall not exceed rupees three thousand” shall be omitted; (ii) the first proviso shall be omitted; (iii) in the second proviso, for the words “Provided further that”, the words “Provided that” shall be substituted. Amendment 45. In section 8 of the principal Act,–– of section 8. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in clause (iii), after the words “undischarged insolvent”, the words “or undischarged bankrupt” shall be inserted; (iii) after clause (iii), the following clause shall be inserted, namely:–– “(iiia) is declared bankrupt under the Insolvency and Bankruptcy Code, 2016;”; 31 of 2016. (iv) in clause (v), for the words “without India”, the words “outside India” shall be substituted. Amendment 46. In section 9 of the principal Act,–– of section 9. (i) in sub-section (2),–– (a) for the word ‘‘Register’’, occurring at both the places, the words “Register of members” shall be substituted; (b) for the words “three years”, the words “four years” shall be substituted; (c) for the words “six years”, the words “eight years” shall be substituted; (ii) in sub-section (4),–– (a) for the word “person”, the words “member of the Institute or any partner of a firm” shall be substituted; (b) for the words “three years”, the words “four years” shall be substituted. Amendment 47. In section 12 of the principal Act,–– of section 12. (i) in sub-section (1), the proviso shall be omitted; (ii) after sub-section (2), the following sub-sections shall be inserted, namely:–– “(2A) The President shall preside at the meetings of the Council. (2B) The President and the Vice-President shall exercise such powers and perform such duties and functions as may be prescribed. (2C) It shall be the duty of the President to ensure that the decisions taken by the Council are implemented.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 159 (2D) If, for any reason a vacancy occurs in the office of the President, or if the President is absent or for any other reason, is unable to exercise the powers or perform the duties assigned to him, the Vice-President shall act in his place and shall exercise the powers and perform the duties of the President.”. 48. In section 13 of the principal Act, in sub-section (2), for the word “Register”, the Amendment words “Register of members” shall be substituted. of section 13. 49. In section 15 of the principal Act, in sub-section (2),–– Amendment of section 15. (i) in clause (c), for the word “Register”, the words “Register of members” shall be substituted; (ii) after clause (e), the following clause shall be inserted, namely:–– “(ea) the granting or refusal, of registration of a firm;”; (iii) after clause (j), the following clauses shall be inserted, namely:— “(ja) to issue guidelines for the purpose of carrying out the objects of this Act; (jb) to conduct investor education and awareness programmes; (jc) to enter into any memorandum or arrangement with the prior approval of the Central Government, with any agency of any foreign country, for the purpose of performing its functions under this Act;”; (iv) in clause (k), for the words “, action taken thereon with a report to the Central Government within a period of three months, and their inclusion in the annual report”, the words “and the details of action taken thereon in its annual report” shall be substituted. 50. In section 15A of the principal Act,–– Amendment (i) after clause (c), the following clause shall be inserted, namely:–– of section 15A. “(ca) the maintenance and publication of a Register of firms;”; (ii) in clause (e), for the words “Register and the restoration to the Register of names”, the words “Register of members and firms and the restoration of names to the Register of members and firms” shall be substituted. 51. In section 16 of the principal Act,–– Amendment (i) for sub-section (1), the following sub-section shall be substituted, namely:— of section 16. “(1) For the efficient performance of its duties, the Council shall, appoint— (a) a Secretary, who will carry out the administrative functions of the Institute as its Chief Executive Officer; (b) a Director (Discipline) and Joint Directors (Discipline) not below the rank of Deputy Secretary of the Institute, to perform such functions as are assigned to them under this Act and the rules and regulations framed thereunder: Provided that no appointment or re-appointment or termination of appointment of Director (Discipline) or Joint Director (Discipline), shall have effect unless such appointment, re-appointment or termination of appointment is made with the previous approval of the Central Government.’’; (ii) in sub-section (2), for clause (c), the following clause shall be substituted, namely:–– “(c) prescribe the manner of appointment, powers, duties and functions of the Secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service;”.160 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 52. In section 18 of the principal Act, for sub-section (5), the following sub-section of section 18. shall be substituted, namely:— “(5) The annual accounts of the Council shall be prepared in such manner as may be prescribed and subject to audit by a firm of chartered accountants to be appointed annually by the Council from the panel of auditors maintained by the Comptroller and Auditor-General of India: Provided that a firm shall not be eligible for appointment as an auditor under this sub-section, if any of its partner is or has been a member of the Council during the last four years: Provided further that in the event it is brought to the notice of the Council that the accounts of the Council do not represent a true and fair view of its finances, then, the Council may itself cause a special audit to be conducted: Provided also that, if such information, that the accounts of the Council do not represent a true and fair view of its finances, is sent to the Council by the Central Government, then, the Council may, wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish an action taken report thereon to the Central Government.”. Amendment 53. In section 19 of the principal Act,–– of section 19. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) The Council shall maintain a Register of members of the Institute in such manner as may be prescribed.”; (iii) in sub-section (2), after clause (c), the following clause shall be inserted, namely:— “(ca) whether any actionable information or complaint is pending or any penalty has been imposed against him under Chapter V, including details thereof, if any;”; (iv) in sub-section (4),–– (a) the words “,which shall not exceed rupees five thousand” shall be omitted; (b) the proviso shall be omitted. Amendment 54. In section 20 of the principal Act,–– of section 20. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in sub-section (3),–– (a) the words “which shall not exceed rupees two thousand” shall be omitted; (b) the proviso shall be omitted. Insertion of 55. After Chapter IV of the principal Act, the following Chapter shall be inserted, new Chapter namely:–– IVA. “CHAPTER IVA REGISTRATION AND REGISTER OF FIRMS Registration of 20A. (1) Every firm shall be registered with the Institute on an application made firms. to the Council, by any partner or owner of a firm, in such manner and subject to such terms and conditions as may be prescribed: Provided that the Council may refuse to register a firm, if the name of such firm is identical or similar to the name of any other firm already registered or the name is in useSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 161 by any firm within or outside India or in the opinion of the Council, registration of the firm is undesirable. 20B. (1) The Council shall maintain, in such manner as may be prescribed, a Register of Register of firms. firms. (2) The Register of firms shall include such particulars about the firm, including details of pendency of any actionable information or complaint or imposition of any penalty against it under Chapter V, in such form and at such intervals, as may be prescribed. (3) The Council shall cause to be published in such manner as may be prescribed, a list of firms registered with the Institute as on the 1st day of April of each year or at any such interval as may be decided by the Council, and shall make available the list to such persons, in such form and on payment of such amount as may be prescribed. 20C. (1)The Council shall remove from the Register of firms the name of any Removal from firm–– Register of firms. (a) which is dissolved or liquidated; or (b) from which a request has been received to that effect; or (c) is declared insolvent or bankrupt under the Insolvency and Bankruptcy 31 of 2016. Code, 2016 and remains undischarged; or (d) which has been debarred from undertaking any activity or activities relating to the profession of a cost accountant in practice under any law for the time being in force or by any competent court; or (e) in respect of which an order for removal has been passed under this Act. 20D. (1) Any firm aggrieved by the decision for refusal of registration may apply Review before for review before the Council within one month from the date of such refusal. Council. (2) The Council may, after considering the review application, confirm or set aside the decision so taken or pass such order as it may consider appropriate.”. 56. For section 21 of the principal Act, the following section shall be substituted, Substitution of namely:–– section 21. “21. (1) The Council shall, by notification, establish a Disciplinary Directorate Disciplinary consisting of a Director (Discipline), at least two Joint Directors (Discipline) not below Directorate. the rank of Deputy Secretary of the Institute and such other employees appointed under section 16, for making investigations either suo motu, or on receipt of an information or a complaint, in such manner, along with such fees as may be specified. (2) Within thirty days of receipt of an information or a complaint, the Director (Discipline) shall decide in such manner as may be specified, whether a complaint or information is actionable or is liable to be closed as non-actionable: Provided that the Director (Discipline) may call for additional information from the complainant or the informant, as the case may be, by giving fifteen days time before deciding whether the case is actionable or non-actionable: Provided further that the recommendations of the Director (Discipline) on non-actionable complaint or information shall be submitted to the Board of Discipline within sixty days of its receipt, and the Board of Discipline may, after looking into its merits refer such complaint or information to the Director (Discipline) for conducting further investigation. (3) While making investigation into a case which is found to be actionable, the Director (Discipline) shall give an opportunity to the member or the firm, as the case may be, to submit a written statement within twenty-one days which may further be extended by another twenty-one days, for reasons to be recorded in writing.162 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4) Upon receipt of the written statement under sub-section (3), if any, the Director (Discipline) shall send a copy thereof to the complainant or the informant, as the case may be, and the complainant or the informant shall, within twenty-one days of the receipt of such written statement, submit his rejoinder. (5) Upon receipt of written statement under sub-section (3) and rejoinder under sub-section (4), the Director (Discipline) shall submit a preliminary examination report within thirty days, if a prima facie case is made out against a member or a firm, as the case may be. (6) In case a prima facie case is made out for any professional or other misconduct mentioned in the First Schedule, the Director (Discipline) shall submit the preliminary examination report to the Board of Discipline and where prima facie case is made out for any professional or other misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule, he shall submit a preliminary examination report to the Disciplinary Committee: Provided that a complaint or information filed by any authorised officer of the Central Government or a State Government or any statutory authority duly supported by an investigation report or relevant extract of the investigation report along with supporting evidence, shall be treated as preliminary examination report: Provided further that where no prima facie case is made out against the member or the firm, the Director (Discipline) shall submit such information or complaint with relevant documents to the Board of Discipline and the Board of Discipline may, if it agrees with the findings of the Director (Discipline), close the matter or in case of disagreement, itself proceed further or refer the matter to the Disciplinary Committee or advise the Director (Discipline) to further investigate the matter. (7) For the purpose of investigation under this Act, the Disciplinary Directorate shall follow such procedure as may be specified. (8) A complaint filed with the Disciplinary Directorate shall not be withdrawn under any circumstances. (9) The status of actionable information and complaints pending before the Disciplinary Directorate, Boards of Discipline and Disciplinary Committees and the orders passed by the Boards of Discipline under section 21A and by the Disciplinary Committees under section 21B shall be made available in the public domain by the Disciplinary Directorate in such manner as may be prescribed.”. Substitution of 57. For section 21A of the principal Act, the following section shall be substituted, section 21A. namely:–– Board of “21A. (1) The Council shall, by notification, constitute one or more Boards of Discipline. Discipline, each consisting of— (a) a person, not being a member of the Institute, with experience in law and having knowledge of disciplinary matters and the profession, to be nominated by the Central Government as its Presiding Officer, from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (b) one member, who is a person of eminence having experience in the field of law, economics, business, finance or accountancy and not being a member of the Institute, to be nominated by the Central Government from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 163 (c) one member to be nominated by the Council from out of a panel of members of the Institute to be prepared by the Council, in such manner as may be prescribed; (d) an officer of the Institute not below the rank of a Deputy Secretary shall function as the Secretary of the Board of Discipline: Provided that the Presiding Officer nominated under clause (a) and the member nominated under clause (b) may be the same for different Boards of Discipline constituted under this sub-section. (2) The Board of Discipline shall, while considering the cases placed before it, follow such procedure including faceless proceedings and virtual hearings as may be specified. (3) The Board of Discipline shall, on receipt of preliminary examination report from Director (Discipline), require the member or the firm, as the case may be, against whom such preliminary examination report has been filed, to submit a written statement within twenty-one days which may further be extended by another twenty-one days, in exceptional circumstances, for reasons to be recorded in writing. (4) The Board of Discipline shall conclude its inquiry within ninety days of the receipt of preliminary examination report from the Director (Discipline). (5) Upon inquiry, if the Board of Discipline finds that such member is guilty of a professional or other misconduct mentioned in the First Schedule, it may pass an order within thirty days of such finding, after providing an opportunity of being heard to the member, taking any one or more of the following actions, namely:–– (a) reprimand the member and record it in the Register of members; (b) remove the name of the member or members from the Register of members, up to a period of six months; (c) impose such fine as it may think fit which may extend to two lakh rupees. (6) Where on the basis of evidence brought on record or during the course of an inquiry pertaining to a member, the Board of Discipline is of the opinion that any such member who is a partner or owner of a firm, has been repeatedly found guilty of misconduct mentioned in the First Schedule during the last five years, the following action may also be taken against such firm, namely:–– (a) prohibit the firm from undertaking any activity or activities relating to the profession of a cost accountant in practice for such period not exceeding one year; or (b) impose such fine as it may think fit, which may extend to twenty-five lakh rupees. (7) Where a member or a firm fails to pay the fine imposed under sub-section (5) or sub-section (6) within such time as may be specified, the Council shall remove the name of such member or firm from the Register of members or Register of firms, as the case may be, for such period as it may think fit. (8) The Presiding Officer and members of the Board of Discipline shall be paid such allowances, as may be prescribed.”.164 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Substitution 58. For section 21B of the principal Act, the following section shall be substituted, of section namely:— 21B. Disciplinary “21B. (1) The Council shall, by notification, constitute one or more Committee. Disciplinary Committees, each consisting of— (a) a person, not being a member of the Institute, with experience in the field of law, and having knowledge of disciplinary matters and the profession, to be nominated by the Central Government as its Presiding Officer, from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (b) two members, who are persons of eminence having experience in the field of law, economics, business, finance or accountancy and not being a member of the Institute, to be nominated by the Central Government from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (c) two members to be nominated by the Council from out of a panel of members of the Institute to be prepared by the Council in such manner as may be prescribed: Provided that the Presiding Officer nominated under clause (a) and the members nominated under clause (b) may be the same for different Disciplinary Committeees constituted under this sub-section. (2) The Disciplinary Committee shall, while considering the cases placed before it, follow such procedure including faceless proceedings and virtual hearings as may be specified. (3) The Disciplinary Committee shall, on receipt of preliminary examination report from Director (Discipline), require the member or the firm, as the case may be, against whom such preliminary examination report has been filed, to submit a written statement within twenty-one days, which may further be extended by another twenty-one days in exceptional circumstances, for reasons to be recorded in writing. (4) The Disciplinary Committee shall conclude its inquiry within one hundred and eighty days of the receipt of the preliminary examination report from the Director (Discipline). (5) Upon inquiry, if the Disciplinary Committee finds that a member is guilty of a professional or other misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule, it may pass an order within thirty days of such a finding, after providing an opportunity of being heard to the member, taking any one or more of the following actions, namely:— (a) reprimand the member and record it in the Register of members; or (b) remove the name of the member from the Register of members permanently or for such period, as it may think fit; or (c) impose such fine as it may think fit, which may extend to ten lakh rupees. (6) Where on the basis of evidence brought on record or during the course of an inquiry pertaining to a member, the Disciplinary Committee is of the opinion that any such member, who is a partner or owner of a firm has been repeatedly found guilty of misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule, during the last five years, the following action may also be taken against such firm, namely:––SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 165 (a) prohibit the firm from undertaking any activity or activities relating to the profession of a cost accountant in practice for such period not exceeding two years; or (b) suspend or cancel the registration of the firm and remove its name from the Register of firms permanently or for such period as it may think fit; or (c) impose such fine as it may think fit, which may extend to fifty lakh rupees. (7) Where a member or a firm fails to pay the fine imposed under sub-section (5) or sub-section (6) within the specified time, the Council shall remove the name of such member or firm from the Register of members or Register of firms, as the case may be, for such period, as it may think fit. (8) The Presiding Officer and members of the Disciplinary Committee shall be paid such allowances as may be prescribed.”. 59. In section 21C of the principal Act, the Explanation shall be omitted. Amendment of section 21C. 60. For section 21D of the principal Act, the following section shall be substituted, Substitution of namely:— section 21D. ‘‘21D. All complaints or any inquiry pending before the Board of Discipline or Transitional the Disciplinary Committee or any reference or appeal filed before the Appellate provisions. Authority or a High Court prior to the commencement of the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2021, shall continue to be governed by the provisions of this Act, as if this Act had not been amended by the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2021.”. 61. For section 22 of the principal Act, the following section shall be substituted, Substitution of namely:— section 22. ‘22. For the purposes of this Act, the expression “professional or other Professional misconduct” shall be deemed to include any act or omission, on the part of any or other member of the Institute either in his individual capacity or as partner or owner of a firm misconduct defined. as mentioned in any of the Schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the Director (Discipline) under sub-section (1) of section 21 to inquire into the conduct of such member or firm, under any other circumstances.’. 62. In section 22E of the principal Act,–– Amendment of section (i) in sub-section (1),–– 22E. (a) after the words “Any member of the Institute”, the words “or a firm” shall be inserted; (b) for the words “imposing on him”, the words “imposing on such member or firm” shall be substituted; (c) for the words, brackets, figures and letters “sub-section (3) of section 21A and sub-section (3) of section 21B, may”, the words, brackets, figures and letters “sub-section (5) or sub-section (6) of section 21A or sub-section (5) or sub- section (6) of section 21B, as the case may be, may" shall be substituted; (d) for the words “communicated to him”, the words “communicated to such member or firm” shall be substituted; (ii) in sub-section (2), for the words, brackets, figures and letters “sub-section (3) of section 21A and sub-section (3) of section 21B”, the words, brackets, figures and letters “sub-section (5) or sub-section (6) of section 21A or sub-section (5) or166 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— sub-section (6) of section 21B, as the case may be,” shall be substituted; (iii) after sub-section (2), the following sub-section and Explanations shall be inserted, namely:–– ‘(3) No order or act or proceeding of the Authority shall be called in question in any manner, on the ground merely of any defect in the constitution of, or a casual vacancy or absence of one or two members, of the Authority. Explanation 1.—For the purposes of this Chapter,–– (A) “member of the Institute” includes a person who was a member of the Institute on the date of the alleged misconduct although he has ceased to be a member of the Institute at the time of the inquiry; (B) a “firm” registered with the Institute shall also be held liable for misconduct of a member who was its partner or owner on the date of the alleged misconduct, although he has ceased to be such partner or owner, at the time of the inquiry. Explanation 2.—No action taken under the provisions of this Chapter shall bar a Central Government Department or a State Government or any statutory authority or regulatory body to take action against a member or a firm registered with the Institute under any other law for the time being in force.’. Amendment 63. In section 24 of the principal Act,–– of section 24. (a) for the words “one thousand rupees”, the words “one lakh rupees” shall be substituted; (b) for the words “five thousand rupees”, the words “five lakh rupees” shall be substituted. Amendment 64. In section 25 of the principal Act, in sub-section (2),–– of section 25. (i) for the words “be punishable on first conviction with fine which may extend to one thousand rupees”, the words “be punishable with imprisonment which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both on first conviction” shall be substituted; (ii) for the words “six months, or with fine which may extend to five thousand rupees”, the words “one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees” shall be substituted. Amendment 65. In section 26 of the principal Act, for sub-section (2), the following sub-section of section 26. shall be substituted, namely:— “(2) If any company contravenes the provisions of sub-section (1), then every director, manager, Secretary and any other officer who is knowingly a party to such contravention shall be punished on first conviction with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, and on any subsequent conviction, with fine which shall not be less than four lakh rupees but which may extend to twenty lakh rupees.”. Amendment 66. In section 27 of the principal Act, in sub-section (2),— of section 27. (a) for the words “five thousand rupees”, the words “one lakh rupees” shall be substituted; (b) for the words “one lakh rupees”, the words “five lakh rupees” shall be substituted; (c) for the words “ten thousand rupees”, the words “two lakh rupees” shall be substituted; (d) for the words “two lakh rupees”, the words “ten lakh rupees” shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 167 67. In section 29B of the principal Act, after clause (c), the following clause shall be Amendment inserted, namely:–– of section 29B. “(d) to forward cases of non-compliance with various statutory and regulatory requirements by the members of the Institute or firms noticed by it during the course of its review, to the Disciplinary Directorate for its examination.”. 68. For section 34 of the principal Act, the following section shall be substituted, Substitution of namely:–– section 34. “34. The Coordination Committee constituted under section 9A of the Chartered Coordination Accountants Act, 1949, shall be deemed to be the Coordination Committee for the Committee. 38 of 1949. purposes of this Act.”. 69. In section 38 of the principal Act, in sub-section (2), for the word “Register”, the Amendment words “Register of members” shall be substituted. of section 38. 70. In section 38A of the principal Act, in sub-section (2), for clauses (c) and (d), the Amendment following clauses shall be substituted, namely:–– of section 38A. “(c) the form and fee for filing an information or a complaint under sub-section (1), the manner of deciding a complaint or information as actionable or non-actionable under sub-section (2) and the procedure of investigation under sub-section (7), of section 21; (d) the procedure while considering the cases by the Board of Discipline under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21A; (da) the procedure while considering the cases by the Disciplinary Committee under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21B;”. 71. In section 39 of the principal Act, in sub-section (2),–– Amendment of section 39. (i) in clauses (b), (f) and (i), for the word “Register”, the words “Register of members” shall be substituted; (ii) clause (h) and clause (j) shall be omitted; (iii) in clause (p), for the words “members of”, the words “members and firms registered with” shall be substituted; (iv) for clause (s), the following clauses shall be substituted, namely:–– “(s) the circumstances under which certificates of practice may be cancelled under sub-section (3) of section 6; (sa) the guidelines for granting or refusal of certificates of practice under clause (e) of sub-section (2) of section 15; (sb) the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council under clause (c) of sub-section (2) of section 16; (sc) the manner of preparing annual financial statement under sub-section (4) and the annual accounts under sub-section (5) of section 18; (sd) the manner of maintaining a Register of the members of the Institute under sub-section (1) of section 19; (se) the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20A; (sf) the manner of maintenance of Register of firms, and other particulars including details of pendency of any actionable information or complaint or imposition of any penalty against the firm under sub-section (1) and sub-section (2) and the manner in which the annual list of firms registered with the Institute shall be published under sub-section (3) of section 20B; (sg) the manner of making available status of actionable information and complaints and orders passed under sub-section (9) of section 21;168 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (sh) the manner of preparing panel of persons under clauses (a), (b) and (c ) of sub-section (1) and the allowances payable to the Presiding Officers and members of Boards of Discipline under sub-section (8), of section 21A; (si) the manner of preparing panel of persons under clauses (a), (b) and (c ) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Disciplinary Committees under sub-section (8), of section 21B; (sj) the salaries and allowances and conditions of service of officers and other staff of the Authority under sub-section (2) of section 22D; (sk) the manner in which Regional Council may be constituted under sub-section (2) of section 23 and the functions thereof;’’. Amendment 72. In the First Schedule to the principal Act, in the heading, for the figures, brackets of First and letter “21(3), 21A(3)”, the figures, brackets and letters “21(6), 21A (5) and (6), 21B (5) Schedule. and (6)” shall be substituted. Amendment 73. In the Second Schedule to the principal Act,— of Second (i) in the heading, for the figures, brackets and letter “21(3), 21B (3)”, the figures, Schedule. brackets and letter “21(6), 21B(5) and (6)” shall be substituted; (ii) in Part 1, in item (3), for the words “belief that he”, the words “belief that he or his firm” shall be substituted. CHAPTER IV AMENDMENTS TO THE COMPANY SECRETARIES ACT,1980 Amendment 74. In the Company Secretaries Act, 1980 (hereafter in this Chapter referred to as the 56 of 1980. of section 2. principal Act), in section 2,— (a) in sub-section (1),— (i) after clause (aaa), the following clause shall be inserted, namely:— ‘(ab) “Board of Discipline” means the Board of Discipline constituted under sub-section (1) of section 21A;’; (ii) in clause (b), for the words and figures “Companies Act, 1956”, the 1 of 1956. words, figures and brackets “the Companies Act, 2013 or any other previous 18 of 2013. company law as defined in sub-section (67) of section 2 of the said Act” shall be substituted; (iii) after clause (d), the following clauses shall be inserted, namely:— ‘(da) “Director (Discipline)” means the Director (Discipline) referred to in section 21 and includes Joint Director (Discipline); (db) “Disciplinary Committee” means the Disciplinary Committee constituted under sub-section (1) of section 21B; (dc) “Disciplinary Directorate” means the Disciplinary Directorate established under sub-section (1) of section 21;’; (iv) for clause (ga), the following clause shall be substituted, namely:— ‘(ga) “notification” means a notification published in the Official Gazette and the term “notify” shall be construed accordingly;’; (v) for clause (j), the following clause shall be substituted, namely:— ‘(j) “Register” means the Register of members of the Institute maintained under section 19 or the Register of firms of the Institute maintained under section 20B, as the case may be;’; (vi) after clause (ja), the following clause shall be inserted, namely:— ‘(jaa) “Standing Committee” means the Standing Committee constituted under sub-section (1) of section 17;’; (b) in sub-section (2), in clause (c), in sub-clause (vi),— (A) the words, brackets and figures “the Capital Issues (Control) 29 of 1947. Act, 1947” shall be omitted;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 169 (B) for the words and figures “the Monopolies and Restrictive Trade 54 of 1969. Practices Act, 1969, the Foreign Exchange Regulation Act, 1973”, the words 46 of 1973. and figures “the Securities and Exchange Board of India Act, 1992, the 15 of 1992. Foreign Exchange Management Act, 1999, the Competition Act, 2002” shall 42 of 1999. 12 of 2003. be substituted. 75. In section 4 of the principal Act,— Amendment of section 4. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in sub-section (1), in clause (e), for the words “without India”, the words “outside India” shall be substituted; (iii) in sub-section (3),— (a) the words ", which shall not exceed rupees three thousand” shall be omitted; (b) the proviso shall be omitted. 76. In section 5 of the principal Act,— Amendment of section 5. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in sub-section (3), the words “which shall not exceed rupees five thousand,” shall be omitted; (iii) the proviso shall be omitted. 77. In section 6 of the principal Act, in sub-section (2),— Amendment of section 6. (i) the words “which shall not exceed rupees three thousand,” shall be omitted; (ii) the proviso shall be omitted. 78. In section 8 of the principal Act,— Amendment of section 8. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) in clause (c), after the words “undischarged insolvent”, the words “or undischarged bankrupt” shall be inserted; (iii) after clause (c), the following clause shall be inserted, namely:— “(ca) is declared bankrupt under the Insolvency and Bankruptcy 31 of 2016. Code, 2016;”; (iv) in clause (e), for the words “without India”, the words “outside India” shall be substituted. 79. In section 9 of the principal Act,— Amendment of section 9. (i) in sub-section (2),— (a) for the word “Register”, occurring at both the places, the words “Register of members” shall be substituted; (b) for the words “three years”, the words “four years” shall be substituted; (c) for the words “six years”, the words “eight years” shall be substituted;170 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) in sub-section (4),— (a) for the word “person”, the words “member of the Institute or any partner of a firm” shall be substituted; (b) for the words “three years”, the words “four years” shall be substituted. Amendment 80. In section 12 of the principal Act,— of section 12. (i) in sub-section (1), the proviso shall be omitted; (ii) after sub-section (2), the following sub-sections shall be inserted, namely:— “(2A) The President shall preside at the meetings of the Council. (2B) The President and the Vice-President shall exercise such powers and perform such duties and functions as may be prescribed. (2C) It shall be the duty of the President to ensure that the decisions taken by the Council are implemented. ”. Amendment 81. In section 13 of the principal Act, in sub-section (2), for the word “Register”, the of section 13. words “Register of members” shall be substituted. Amendment 82. In section 15 of the principal Act, in sub–section (2),— of section 15. (i) in clause (c), for the word “Register”, the words “Register of members” shall be substituted; (ii) after clause (e), the following clause shall be inserted, namely:— “(ea) the granting or refusal, of registration of a firm;”; (iii) after clause (j), the following clauses shall be inserted, namely:— “(ja) to issue guidelines for the purpose of carrying out the objects of this Act; (jb) to conduct investor education and awareness programmes; (jc) to enter into any memorandum or arrangement with the prior approval of the Central Government, with any agency of any foreign country, for the purpose of performing its functions under this Act;”. Amendment 83. In section 15A of the principal Act,— of section 15A. (i) after clause (c), the following clause shall be inserted, namely:— “(ca) the maintenance and publication of a Register of firms;”; (ii) in clause (e), for the words “Register and the restoration to the Register of names”, the words “Register of members and firms and the restoration of names to the Register of members and firms” shall be substituted. Amendment 84. In section 16 of the principal Act,— of section 16. (i) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) For the efficient performance of its duties, the Council shall appoint— (a) a Secretary who will carry out administrative functions of the Institute, as its Chief Executive Officer; (b) a Director (Discipline) and Joint Directors (Discipline) not below the rank of Deputy Secretary of the Institute, to perform such functions as are assigned to them under this Act and the rules and regulations framed thereunder:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 171 Provided that no appointment or re-appointment or termination of appointment of Director (Discipline) or Joint Director (Discipline) shall have effect unless such appointment, re-appointment or termination of appointment is made with the previous approval of the Central Government.”; (ii) in sub-section (2), for clause (c), the following clause shall be substituted, namely:— “(c) prescribe the manner of appointment, powers, duties and functions of the Secretary and other officers and employees, their salaries, fees, allowances and other terms and conditions of service;”. 85. In section 18 of the principal Act, for sub-section (5), the following sub-section Amendment shall be substituted, namely:– of section 18. “(5) The annual accounts of the Council shall be prepared in such manner as may be prescribed and subject to audit by a firm of chartered accountants to be appointed annually by the Council from the panel of auditors maintained by the Comptroller and Auditor-General of India: Provided that a firm shall not be eligible for appointment as an auditor under this sub-section, if any of its partner is or has been a member of the Council during the last four years: Provided further that, in the event it is brought to the notice of the Council that the accounts of the Council do not represent a true and fair view of its finances, then, the Council may itself cause a special audit to be conducted: Provided also that, if such information, that the accounts of the Council do not represent a true and fair view of its finances, is sent to the Council by the Central Government, then, the Council may, wherever appropriate cause a special audit or take such other action as it considers necessary and shall furnish an action taken report thereon to the Central Government.”. 86. In section 19 of the principal Act,— Amendment of section 19. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted; (ii) for sub-section (1), the following sub-section shall be substituted, namely:— “(1) The Council shall maintain a Register of members of the Institute in such manner as may be prescribed.”; (iii) in sub-section (2), after clause (c), the following clause shall be inserted, namely:— “(ca) whether any actionable information or complaint is pending or any penalty has been imposed against him under Chapter V, including details thereof, if any;”; (iv) in sub-section (4),— (a) the words “, which shall not exceed rupees five thousand” shall be omitted; (b) the proviso shall be omitted. 87. In section 20 of the principal Act,— Amendment of section 20. (i) for the word “Register”, wherever it occurs, the words “Register of members” shall be substituted;172 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) in sub-section (3),— (a) the words “, which shall not exceed rupees two thousand” shall be omitted; (b) the proviso shall be omitted. Insertion of 88. After Chapter IV of the principal Act, the following Chapter shall be inserted, new Chapter namely:— IVA. “CHAPTER IVA REGISTRATION AND REGISTER OF FIRMS Registration 20A. Every firm shall be registered with the Institute on an application made to of firms. the Council, by any partner or owner of a firm, in such manner and subject to such terms and conditions as may be prescribed: Provided that the Council may refuse to register a firm if the name of such firm is identical or similar to the name of any other firm already registered or the name is in use by any firm within or outside India or in the opinion of the Council, registration of the firm is undesirable. Register of 20B. (1) The Council shall maintain, in such manner as may be prescribed, a firms. Register of firms. (2) The Register of firms shall include such particulars about the firm, including details of pendency of any actionable information or complaint or imposition of any penalty against it under Chapter V, in such form and at such intervals, as may be prescribed. (3) The Council shall cause to be published in such manner as may be prescribed, a list of firms registered with the Institute as on the 1st day of April of each year or at any such interval as may be decided by the Council, and shall make available the list to such persons, in such form and on payment of such amount as may be prescribed. Removal 20C. The Council shall remove from the Register of firms the name of any from Register firm — of firms. (a) which is dissolved or liquidated; or (b) from which a request has been received to that effect; or (c) is declared insolvent or bankrupt under the Insolvency and Bankruptcy Code, 2016 and remains undischarged; or 31 of 2016. (d) which has been debarred from undertaking any activity or activities relating to the profession of a company secretary in practice under any law for the time being in force or by any competent court; or (e) in respect of which an order for removal has been passed under this Act. Review before 20D. (1) Any firm aggrieved by the decision for refusal of registration may apply Council. for review before the Council within one month from the date of such refusal. (2) The Council may, after considering the review application, confirm or set aside the decision so taken or pass such order as it may consider appropriate.”. Substitution of 89. For section 21 of the principal Act, the following section shall be substituted, section 21. namely:— Disciplinary “21. (1) The Council shall, by notification, establish a Disciplinary Directorate Directorate.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 173 consisting of a Director (Discipline), at least two Joint Directors (Discipline) not below the rank of Deputy Secretary of the Institute and such other employees appointed under section 16, for making investigations either suo motu, or on receipt of an information or a complaint in such form, along with such fees as may be specified. (2) Within thirty days of receipt of an information or a complaint, the Director (Discipline) shall decide in such manner as may be specified, whether a complaint or information is actionable or is liable to be closed as non-actionable: Provided that the Director (Discipline) may call for additional information from the complainant or the informant, as the case may be, by giving fifteen days time before deciding whether the case is actionable or non-actionable: Provided further that the recommendations of the Director (Discipline) on non-actionable complaint or information shall be submitted to the Board of Discipline within sixty days of its receipt and the Board of Discipline may, after looking into its merits, refer such complaint or information to the Director (Discipline) for conducting further investigation. (3) While making investigation into a case which is found to be actionable, the Director (Discipline) shall give an opportunity to the member or the firm, as the case may be, to submit a written statement within twenty-one days which may further be extended by another twenty-one days, for reasons to be recorded in writting. (4) Upon receipt of the written statement under sub-section (3), if any, the Director (Discipline) shall send a copy thereof to the complainant or the informant, as the case may be, and the complainant or the informant, shall within twenty-one days of the receipt of such written statement, submit his rejoinder. (5) Upon receipt of written statement under sub-section (3) and rejoinder under sub-section (4), the Director (Discipline) shall submit a preliminary examination report within thirty days, if a prima facie case is made out against a member or a firm, as the case may be. (6) In case a prima facie case is made out for any professional or other misconduct mentioned in the First Schedule, the Director (Discipline) shall submit the preliminary examination report to the Board of Discipline and where prima facie case is made out for any professional or other misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule, he shall submit a preliminary examination report to the Disciplinary Committee: Provided that a complaint or information filed by any authorised officer of the Central Government or a State Government or any statutory authority duly supported by an investigation report or relevant extract of the investigation report along with supporting evidence, shall be treated as preliminary examination report: Provided further that where no prima facie case is made out against the member or the firm, the Director (Discipline) shall submit such information or complaint with relevant documents to the Board of Discipline and the Board of Discipline may, if it agrees with the findings of the Director (Discipline), close the matter or in case of disagreement, may itself proceed further or refer the matter to the Disciplinary Committee or advise the Director (Discipline) to further investigate the matter. (7) For the purpose of investigation under this Act, the Disciplinary Directorate shall follow such procedure as may be specified. (8) A complaint filed with the Disciplinary Directorate shall not be withdrawn under any circumstances.174 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (9) The status of actionable information and complaints pending before the Disciplinary Directorate, Boards of Discipline and Disciplinary Committees and the orders passed by the Boards of Discipline under section 21A and by the Disciplinary Committees under section 21B shall be made available in the public domain by the Disciplinary Directorate in such manner as may be prescribed.”. Substitution of 90. For section 21A of the principal Act, the following section shall be substituted, section 21A. namely:— Board of “21A. (1) The Council shall, by notification, constitute one or more Boards of Discipline. Discipline, each consisting of— (a) a person not being a member of the Institute, with experience in law and having knowledge of disciplinary matters and the profession, to be nominated by the Central Government as its Presiding Officer, from out of a panel of persons prepared and provided by the Council, in such manner as may be prescribed; (b) one member, who is a person of eminence having experience in the field of law, economics, business, finance or accountancy and not being a member of the Institute, to be nominated by the Central Government from out of a panel of persons prepared and provided by the Council, in such manner as may be prescribed; (c) one member to be nominated by the Council from out of a panel of members of the Institute to be prepared by the Council, in such manner as may be prescribed; (d) an officer of the Institute not below the rank of a Deputy Secretary shall function as the Secretary of the Board of Discipline: Provided that the Presiding Officer nominated under clause (a) and the member nominated under clause (b) may be the same for different Boards of Discipline constituted under this sub-section. (2) The Board of Discipline shall, while considering the cases placed before it, follow such procedure including faceless proceedings and virtual hearings as may be specified. (3) The Board of Discipline shall, on receipt of preliminary examination report from Director (Discipline), require the member or the firm, as the case may be, against whom such preliminary examination report has been filed, to submit a written statement within twenty-one days which may further be extended by another twenty-one days, in exceptional circumstances, for reasons to be recorded in writing. (4) The Board of Discipline shall conclude its inquiry within ninety days of the receipt of preliminary examination report from the Director (Discipline). (5) Upon inquiry, if the Board of Discipline finds that such member is guilty of a professional or other misconduct mentioned in the First Schedule, it may pass an order within thirty days of such finding, after providing an opportunity of being heard to the member, taking any one or more of the following actions, namely:— (a) reprimand the member and record it in the Register of members; (b) remove the name of the member or members from the Register of members, up to a period of six months; (c) impose such fine as it may think fit which may extend to two lakh rupees. (6) where on the basis of evidence brought on record or during the course of an inquiry pertaining to a member, the Board of Discipline is of the opinion that any suchSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 175 member who is a partner or owner of a firm, has been repeatedly found guilty of misconduct under the First Schedule during the last five years, the following action may also be taken against such firm, namely:— (a) prohibit the firm from undertaking any activity or activities relating to the profession of a company secretary in practice for such period not exceeding one year; or (b) impose such fine as it may think fit, which may extend to twenty-five lakh rupees. (7) Where a member fails to pay the fine imposed under sub-section (5) or sub-section (6) within such time as may be specified, the Council shall remove the name of such member or firm from the Register of members or Register of firms, as the case may be, for such period as it may think fit. (8) The Presiding Officer and members of the Board of Discipline shall be paid such allowances as may be prescribed.”. 91. For section 21B of the principal Act, the following section shall be substituted, Substitution of namely:— section 21B. “21B. (1) The Council shall, by notification, constitute one or more Disciplinary Discipilinary Committees, each consisting of— Committee. (a) a person, not being a member of the Institute, with experience in the field of law and having knowledge of disciplinary matters and the profession, to be nominated by the Central Government as its Presiding Officer, from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (b) two members, who are persons of eminence having experience in the field of law, economics, business, finance or accountancy and not being a member of the Institute, to be nominated by the Central Government from out of a panel of persons prepared and provided by the Council in such manner as may be prescribed; (c) two members to be nominated by the Council from out of a panel of members of the Institute to be prepared by the Council in such manner as may be prescribed: Provided that the Presiding Officer nominated under clause (a) and the members nominated under clause (b) may be the same for different Disciplinary Committees constituted under this sub-section. (2) The Disciplinary Committees shall, while considering the cases placed before it, follow such procedure including faceless proceedings and virtual hearings as may be specified. (3) The Disciplinary Committee shall, on receipt of preliminary examination report from Director (Discipline), require the member or the firm, as the case may be, against whom such preliminary examination report has been filed, to submit a written statement within twenty-one days which may further be extended by another twenty-one days, in exceptional circumstances, for reasons to be recorded in writing. (4) The Disciplinary Committee shall conclude its inquiry within one hundred and eighty days of receipt of the preliminary examination report from the Director (Discipline).176 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) Upon inquiry, if the Disciplinary Committee finds that a member is guilty of a professional or other misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule, it may pass an order within thirty days of such a finding, after providing an opportunity of being heard to the member, taking any one or more of the following actions, namely:— (a) reprimand the member and record it in the Register of members; or (b) remove the name of the member from the Register of members permanently or for such period, as it may think fit; or (c) impose such fine as it may think fit, which may extend to ten lakh rupees. (6) Where on the basis of evidence brought on record or during the course of an inquiry pertaining to a member, the Disciplinary Committee is of the opinion that any member, who is a partner or owner of a firm, has been repeatedly found guilty of misconduct mentioned in the Second Schedule or in both the First Schedule and the Second Schedule during the last five years, the following action may also be taken against such firm, namely:— (a) prohibit the firm from undertaking any activity or activities relating to the profession of a Company Secretary in practice for such period not exceeding two years; or (b) suspend or cancel the registration of the firm and remove its name from the Register of firms permanently or for such period as it may think fit; or (c) impose such fine as it may think fit, which may extend to fifty lakh rupees. (7) Where a member or a firm fails to pay the fine imposed under sub-section (5) or sub-section (6) within such time as may be specified, the Council shall remove the name of such member or firm from the Register of members or Register of firms, as the case may be, for such period, as it may think fit. (8) The Presiding Officer and members of the Disciplinary Committee shall be paid such allowances as may be prescribed.”. Amendment 92. In section 21C of the principal Act, the Explanation shall be omitted. of section 21C. Substitution of 93. For section 21D of the principal Act, the following section shall be substituted, section 21D. namely:— Transitional “21D. All complaints or any inquiry pending before the Board of Discipline or provisions. the Disciplinary Committee or any reference or appeal filed before the Appellate Authority or a High Court prior to the commencement of the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2021, shall continue to be governed by the provisions of this Act, as if this Act had not been amended by the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Act, 2021.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 177 94. For section 22 of the principal Act, the following section shall be substituted, Substitution of namely:— section 22. ‘22. For the purposes of this Act, the expression “professional or other Professional misconduct” shall be deemed to include any act or omission, on the part of any or other misconduct member of the Institute either in his individual capacity or as partner or owner of a firm defined. as mentioned in any of the Schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the Director (Discipline) under sub-section (1) of section 21 to inquire into the conduct of such member or firm, under any other circumstances.’. 95. In section 22E of the principal Act,— Amendment of section 22E. (i) in sub-section (1),— (a) after the words “Any member of the Institute”, the words “or a firm” shall be inserted; (b) for the words “imposing on him”, the words “imposing on such member or firm” shall be substituted; (c) for the words, brackets, figures and letters “sub-section (3) of section 21A and sub-section (3) of section 21B, may”, the words, brackets, figures and letters “sub-section (5) or sub-section (6) of section 21A or sub-section (5) or sub-section (6) of section 21B, as the case may be, may” shall be substituted; (d) for the words “communicated to him”, the words “communicated to such member or firm” shall be substituted; (ii) in sub-section (2), for the words, brackets, figures and letters “sub-section (3) of section 21A and sub-section (3) of section 21B”, the words, brackets, figures and letters “sub-section (5) or sub-section (6) of section 21A or sub-section (5) or sub-section (6) of section 21B,” shall be substituted; (iii) after sub-section (2), the following sub-section and Explanations shall be inserted, namely:— ‘(3) No order or act or proceeding of the Authority shall be called in question in any manner, on the ground merely of any defect in the constitution of, or a casual vacancy or absence of one or two members, of the Authority. Explanation 1.—For the purposes of this Chapter,— (A) “member of the Institute” includes a person who was a member of the Institute on the date of the alleged misconduct although he has ceased to be a member of the Institute at the time of the inquiry; (B) a “firm” registered with the Institute shall also be held liable for misconduct of a member who was its partner or owner on the date of the alleged misconduct, although he has ceased to be such partner or owner, at the time of the inquiry. Explanation 2.— No action taken under the provisions of this Chapter shall bar a Central Government Department or a State Government or any statutory authority or regulatory body to take action against a member or a firm registered with the Institute under any other law for the time being in force.’. 96. In section 24 of the principal Act,— Amendment of section 24. (a) for the words “one thousand rupees”, the words “one lakh rupees” shall be substituted; (b) for the words “five thousand rupees”, the words “five lakh rupees” shall be substituted. 97. In section 25 of the principal Act, in sub-section (2),— Amendment of section 25. (i) for the words “be punishable on first conviction with fine which may extend178 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— to one thousand rupees”, the words “be punishable with imprisonment which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees or with both on first conviction” shall be substituted; (ii) for the words “six months, or with fine which may extend to five thousand rupees”, the words “one year, or with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees” shall be substituted. Amendment of 98. In section 26 of the principal Act, for sub-section (2), the following sub-section section 26. shall be substituted, namely:— “(2) If any company contravenes the provisions of sub-section (1), then every director, manager, Secretary and any other officer who is knowingly a party to such contravention shall be punished on first conviction with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees, and on any subsequent conviction with fine which shall not be less than four lakh rupees but which may extend to twenty lakh rupees.”. Amendment of 99. In section 27 of the principal Act, in sub-section (2),— section 27. (a) for the words “five thousand rupees”, the words “one lakh rupees” shall be substituted; (b) for the words “one lakh rupees”, the words “five lakh rupees” shall be substituted; (c) for the words “ten thousand rupees”, the words “two lakh rupees” shall be substituted; (d) for the words “two lakh rupees”, the words “ten lakh rupees” shall be substituted. Amendment of 100. In section 29B of the principal Act, after clause (c), the following clause shall be section 29B. inserted, namely:— “(d) to forward cases of non-compliance with various statutory and regulatory requirements by the members of the Institute or firms, noticed by it during the course of its review, to the Disciplinary Directorate for its examination.”. Substitution of 101. For section 34 of the principal Act, the following section shall be substituted, section 34. namely:— Coordination “34. The Coordination Committee constituted under section 9A of the Chartered Committee. Accountants Act, 1949, shall be deemed to be the Coordination Committee for the 38 of 1949. purposes of this Act.”. Amendment of 102. In section 38 of the principal Act, in sub-section (2), for the word “Register”, the section 38. words “Register of members” shall be substituted. Amendment of 103. In section 38A of the principal Act, in sub-section (2), for clauses (c) and (d), the section 38A. following clauses shall be substituted, namely:— “(c) the form, manner and fee for filing an information or a complaint under sub-section (1), the manner of deciding a complaint or information as actionable or non-actionable under sub-section (2) and the procedure of investigation under sub-section (7), of section 21; (d) the procedure while considering the cases by the Boards of Discipline under sub-section (2) and time limit for payment of fine under sub-section (7), of section 21A; (da) the procedure while considering the cases by the Disciplinary Committees under sub-section (2) and time-limit for payment of fine under sub-section (7), of section 21B;”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 179 104. In section 39 of the principal Act, in sub-section (2),— Amendment of section 39. (i) for the word “Register”, occurring at both the places, the words “Register of members” shall be substituted; (ii) after clause (f), the following clauses shall be inserted, namely:— “(fa) the circumstances under which certificates of practice may be cancelled under sub-section (3) of section 6; (fb) the powers, duties and functions of the President and the Vice-President of the Council under sub-section (2B) of section 12;”; (iii) after clause (h), the following clause shall be inserted, namely:— “(ha) guidelines for granting or refusal of certificates of practice under clause (e) of sub-section (2) of section 15;”; (iv) after clause (k), the following clause shall be inserted, namely:— “(ka) the manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council under clause (c) of sub-section (2) of section 16;”; (v) after clause (m), the following clause shall be inserted, namely:— “(ma) the maintenance of accounts under sub-section (3), the manner of preparing annual financial statement under sub-section (4) and the manner of preparing the annual accounts of the Council under sub-section (5), of section 18;’’; (vi) for clause (p), the following clauses shall be substituted, namely:— “(p) the manner of making an application for grant of registration of a firm and the terms and conditions of such registration under section 20A; (pa) the manner of maintenance of Register of firms, and other particulars including details of pendency of any actionable information or complaint or imposition of any penalty against the firm under sub-section (1) and sub-section (2), and the manner in which the annual list of firms registered with the Institute shall be published under sub-section (3), of section 20B; (pb) the manner of making available status of actionable information and complaints and orders passed under sub-section (9) of section 21; (pc) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Boards of Discipline under sub-section (8), of section 21A; (pd) the manner of preparing panel of persons under clauses (a), (b) and (c) of sub-section (1) and the allowances payable to the Presiding Officers and members of the Disciplinary Committees under sub-section (8) of section 21B; (pe) the salaries and allowances and conditions of service of officers and staff of the Authority under sub-section (2) of section 22D;’’. 105. In the First Schedule to the principal Act, in the heading, for the figures, Amendment of brackets and letter “21(3), 21A(3)”, the figures, brackets and letters “21(6), 21A(5) and First Schedule. (6), 21B (5) and (6)” shall be substituted. 106. In the Second Schedule to the principal Act,— Amendment of Second (i) in the heading, for the figures, brackets and letter “21(3), 21B(3)”, the Schedule. figures, brackets and letter “21(6), 21B (5) and (6)” shall be substituted; (ii) in Part I, in item (3), for the words “belief that he”, the words “belief that he or his firm” shall be substituted.180 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980 (hereinafter referred to as the Acts), were enacted to make provision for the regulation of the profession of the chartered accountants, cost accountants and company secretaries, respectively. On account of changes in the economic and corporate environment in the country, it has become necessary to amend the Acts. Further, recent corporate events have put the profession of chartered accountancy under a considerable scrutiny. 2. The amendments to the Acts are based on the recommendations of a High Level Committee constituted by the Ministry of Corporate Affairs, inter alia, to examine the existing provisions in the Acts and the rules and regulations made thereunder, for dealing with the cases of misconduct in the three Professional Institutes, namely, the Institute of Chartered Accountants of India, the Institute of Cost Accountants of India and the Institute of Company Secretaries of India and with a view to strengthening the existing mechanism and ensure speedy disposal of the disciplinary cases. 3. The Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2021 proposes to further amend The Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980, inter alia, to— (i) strengthen the disciplinary mechanism by augmenting the capacity of the Disciplinary Directorate to deal with the complaints and information and providing time bound disposal of the cases by specifying the time limits for speedy disposal of the cases against members of the Institutes; (ii) address conflict of interest between the administrative and disciplinary arms of the Institute; (iii) provide for a separate chapter on registration of firms with the respective Institutes and include firms under the purview of the disciplinary mechanism; (iv) enhance accountability and transparency by providing for audit of accounts of the Institutes by a firm of chartered accountants to be appointed annually by the Council from the panel of auditors maintained by the Comptroller and Auditor-General of India; (v) provide for autonomy to the Council of the respective Institutes to fix various fees. 4. The Bill seeks to achieve the above objectives. NIRMALA SITHARAMAN. NEW DELHI; The 11th December, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 181 FINANCIAL MEMORANDUM The Bill does not involve any expenditure, recurring or non-recurring, from the Consolidated Fund of India. MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 34 of the Bill empowers the Central Government to make rules to provide for the form and fee for filing an information or a complaint before the Disciplinary Directorate, the manner of decision of the complaint or information as actionable or non-actionable by the Director (Discipline), procedure of investigation by the Disciplinary Directorate and procedure while considering the cases by the Board of Discipline and the Disciplinary Committee and time limit for payment of fine imposed by such Boards or Committees. 2. Clause 35 of the Bill empowers the Council of the Institute of Chartered Accountants of India to make regulations for the qualifications of a member of the Institute, circumstances under which certificates of practice may be cancelled, guidelines for granting or refusal of certificates of practice, manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council, manner of preparing annual accounts of the Council, manner of maintaining a Register of members of the Institute, manner in which annual list of members registered with the Institute shall be published, manner of making an application for grant of registration of a firm and the terms and conditions of such registration, manner of maintenance of Register of firms, manner in which the annual list of firms registered with the Institute shall be published, allowances payable to the Presiding Officers and members of the Boards of Discipline and Disciplinary Committees, manner of making available status of actionable information and complaints and penalties imposed by the Boards of Discipline, the Disciplinary Committees and the Appellate Authority, manner of preparing panel of persons for nomination to such Boards and Committees. 3. Clause 70 of the Bill empowers the Central Government to make rules to provide for the form and fee for filing an information or a complaint before the Desciplinary Directorate, manner of deciding a complaint or information as actionable or non-actionable by Director (Discipline), procedure of investigation by the Disciplinary Directorate, procedure while considering the cases by the Boards of Discipline and the Disciplinary Committees and the time limit for payment of fine imposed by such Boards or Committees. 4. Clause 71 of the Bill empowers the Council of the Institute of the Cost Accountants of India to make regulations for prescribing the circumstances under which certificates of practice may be cancelled, guidelines for granting or refusal of certificates of practice, manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council, manner of preparing the annual accounts of the Council, manner of maintaining a Register of members of the Institute, manner of making an application for grant of registration of a firm and the terms and conditions of such registration, manner of maintenance of Register of firms, manner in which the annual list of firms registered with the Institute shall be published, manner of making available status of actionable information and complaints and penalties imposed by the Boards of Discipline, the Disciplinary Committees and the Appellate Authority, manner of preparing panel of persons for nomination to the Boards of Discipline and Disciplinary Committees and allowances payable to the Presiding Officers and members of such Boards and Committees. 5. Clause 103 of the Bill empowers the Central Government to make rules to provide for the form and fee for filing an information or a complaint before the Discliplinary Directorate, manner of decision of the complaint or information as actionable or non-actionable by the Director (Discipline), procedure of investigation by the Disciplinary Directorate and procedure while considering the cases by the Boards of Discipline and the Disciplinary Committees and time limit for payment of fine imposed by such Boards or Committees.182 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2] 6. Clause 104 of the Bill empowers the Council of the Institute of the Company Secretaries of India to make regulations for prescribing the circumstances under which certificates of practice may be cancelled, powers, duties and functions of the President and the Vice-President of the Council, guidelines for granting or refusal of certificates of practice, manner of appointment, powers, duties, functions, salaries, fees, allowances and other terms and conditions of service of the Secretary and other officers and employees of the Council, manner of preparing the annual accounts of the Council, manner of making an application for grant of registration of a firm and the terms and conditions of such registration, manner of maintenance of Register of firms, manner in which the annual list of firms registered with the Institute shall be published, manner of making available status of actionable information and complaints and penalties imposed by the Boards of Discipline, the Disciplinary Committees and the Appellate Authority, the manner of preparing panel of persons for nomination to the Boards of Discipline and Disciplinary Committees and the allowances payable to the Presiding Officers and members of such Boards and Committees. 7. The matters in respect of which rules and regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative powers is, therefore, of a normal character. ———— UTPAL KUMAR SINGH Secretary General UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—1677GI—05-01-2022.