The Wild Life (Protection) Amendment Act, 2022.

jft LVªh l añ Mhñ ,yñ—(,u)04@0007@2003—22 REGISTERED NO. DL—(N)04/0007/2003—22 सी.जी.-डीx.एxलx.G-अID.-2H0x12x2x022-241252 CG-xDxLx-EG-I2D01E22x0x2x2-241252 vl k/kkj.k EXTRAORDINARY Hkkx II — [k.M1 PART II —Section 1 izkf/kdkj l s izdkf'kr PUBLISHED BY AUTHORITY l añ 27] ubZ fnYyh] eaxyokj] fnl Ecj 20] 2022@vxzgk;.k 29] 1944 ¼'kd½ No. 27] NEW DELHI, TUESDAY, DECEMBER 20, 2022/AGRAHAYANA 29, 1944 (SAKA) bl Hkkx esa fHkUu i`"B l a[;k nh t krh gS ftl l s fd ;g vyx l adyu ds :i esa j[kk tk l dsA Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 20th December, 2022/Agrahayana 29, 1944 (Saka) The following Act of Parliament received the assent of the President on the 19th December, 2022 and is hereby published for general information:— THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2022 NO. 18 OF 2022 [19th December, 2022.] An Act further to amend the Wild Life (Protection) Act, 1972. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Wild Life (Protection) Amendment Act, 2022. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 53 of 1972. 2. In the long title of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the Amendment of principal Act), for the words "protection of wild animals, birds and plants", the words long title. "conservation, protection and management of wild life" shall be substituted.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of 3. In section 2 of the principal Act,— section 2. (a) in clause (5), for the words and figures "Schedule I, Schedule II, Schedule III or Schedule IV", the words and figures "Schedule I or Schedule II" shall be substituted; (b) in clause (15), after the words "wild animal", the words "or specified plant" shall be inserted; (c) after clause (16), the following clause shall be inserted, namely:— '(16A) "invasive alien species" means a species of animal or plant which is not native to India and whose introduction or spread may threaten or adversely impact wild life or its habitat;'; (d) in clause (18A), for the words and figures "Schedules I to V", the words and figures "Schedules I, II and IV" shall be substituted; (e) in clause (19), for the words and figures "Schedules I to V and VI", the words and figures "Schedules I, II and III" shall be substituted; (f) for clause (24), the following clause shall be substituted, namely:— '(24) "person" shall include any firm or company or any authority or association or body of individuals whether incorporated or not;'; (g) after clause (26), the following clause shall be inserted, namely:— '(26A) "Schedule" means a Schedule appended to this Act;'; (h) in clause (27), for the word and figures "Schedule VI", the word and figures "Schedule III" shall be substituted; (i) for clause (34), the following clause shall be substituted, namely:— '(34) "vermin" means any wild animal notified under section 62;'; (j) in clause (36), for the words and figures "Schedules I to IV", the words and figures "Schedule I or Schedule II" shall be substituted; (k) for clause (39), the following clause shall be substituted, namely:— '(39) "zoo" means an establishment, whether stationary or mobile, where captive animals are kept for exhibiting to the public or ex-situ conservation and includes a circus and off-exhibit facilities such as rescue centres and conservation breeding centres, but does not include an establishment of a licensed dealer in captive animals.'. Amendment 4. In section 5A of the principal Act, in sub-section (1), for clause (d), the following of section 5A. clause shall be substituted, namely:— "(d) Member, NITI Aayog in-charge of Environment, Forest and Climate Change;". Insertion of 5. After section 6 of the principal Act, the following section shall be inserted, new section namely:— 6A. Standing "6A. (1) The Board may constitute a Standing Committee for the purpose of Committee of exercising such powers and performing such duties as may be delegated to it by the Board. Board. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members, to be nominated by the Vice-Chairperson, from amongst the members of the Board. (3) The Board or its Standing Committee referred to in sub-section (1) may, constitute committees, sub-committees or study groups, as may be necessary, from time-to-time, for proper discharge of the functions assigned to it.".SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 6. In section 9 of the principal Act, for the words and figures "Schedules I, II, III and Amendment IV", the words and figures "Schedules I and II" shall be substituted. of section 9. 7. In section 11 of the principal Act, in sub-section (1), in clause (b), the words and Amendment figures ", Schedule III, or Schedule IV," shall be omitted. of section 11. 8. In section 24 of the principal Act, in sub-section (2), in clause (b), for the words and Amendment of section 24. 1 of 1894. figures "Land Acquisition Act, 1894", the words and figures "Right to Fair Compensation 30 of 2013. and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" shall be substituted. 9. In section 25 of the principal Act, in sub-section (1),— Amendment of section 25. 1 of 1894. (a) in clause (a), for the words and figures "Land Acquisition Act, 1894", the words and figures "Right to Fair Compensation and Transparency in Land Acquisition, 30 of 2013. Rehabilitation and Resettlement Act, 2013" shall be substituted; (b) in clauses (b) and (c), for the word and figure "section 9", the word and figures "section 21" shall be substituted; (c) in clause (d), for the words and figures "section 18" and "Part III", the words and figures "section 64" and "Chapter VIII" shall respectively be substituted; (d) in clause (e), for the words "the Court", the words "the Authority" shall be substituted; (e) after clause (f), the following Explanation shall be inserted, namely:— 'Explanation.—The expression "Authority" referred to in clause (e), shall mean the Land Acquisition, Rehabilitation and Resettlement Authority established under section 51 of the Right to Fair Compensation and Transparency in Land 30 of 2013. Acquisition, Rehabilitation and Resettlement Act, 2013.'. 10. In section 28 of the principal Act, in sub-section (1), in clause (b), after the word Amendment "photography", the words "and film-making without making any change in the habitat or of section 28. causing any adverse impact to the habitat or wild life" shall be inserted. 11. In section 29 of the principal Act,— Amendment of section 29. (a) for the word "Board", the words "National Board" shall be substituted; (b) for the Explanation, the following Explanation shall be substituted, namely:— "Explanation.—For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33, or hunting of wild animals under a permit granted under section 11 or hunting without violating the conditions of a permit granted under section 12, or the exercise of any rights permitted to continue under clause (c) of sub-section (2) of section 24, including the bona fide use of drinking and household water by local communi- ties until they are settled, shall not be deemed to be an act prohibited under this section.". 12. In section 33 of the principal Act,— Amendment of section 33. (a) for the words “manage and maintain all sanctuaries”, the words, brackets and figures “manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the Central Government and in case the sanctuary also falls under the Scheduled Areas or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of 2 of 2007. Forest Rights) Act, 2006 is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned" shall be substituted;4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) in clause (a), in the proviso, for the words "commercial tourist lodges", the words "tourist lodges, including Government lodges, for commercial purposes" shall be substituted. Amendment 13. In section 34 of the principal Act, after sub-section (3), the following sub-section of section 34. shall be inserted, namely:— "(4) No renewal of any licence under the Arms Act, 1959, shall be granted to any 54 of 1959. person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wild Life Warden or the authorised officer.". Amendment 14. In section 35 of the principal Act, after sub-section (3), the following sub-sections of section 35. shall be inserted, namely:— “(3A) When the State Government declares its intention under sub-section (1) to constitute any area as a National Park, the provisions of sections 27 to 33A (both inclusive), shall come into effect forthwith, until the publication of the notification declaring such National Park under sub-section (4). (3B) Till such time as the rights of the affected persons are finally settled under sections 19 to 26A [both inclusive except clause (c) of sub-section (2) of section 24], the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.”. Amendment 15. In section 36D of the principal Act, in sub-section (2),— of section (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.". Amendment 16. In section 38 of the principal Act,— of section 38. (a) in the marginal heading, after the words "National Parks", the words "or conservation reserves" shall be inserted; (b) after sub-section (2), the following sub-section shall be inserted, namely:— "(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government."; (c) in sub-section (3),— (i) after the words "or National Park", the words "or conservation reserve" shall be inserted; (ii) for the words, brackets and figures "sub-sections (1) and (2)", the words, brackets, figures and letter "sub-sections (1), (2) and (2A)" shall be substituted. Amendment of 17. In section 38-I of the principal Act,— section 38-I. (a) in sub-section (1), the word and figures “and II” shall be omitted; (b) in sub-section (2), the following proviso shall be inserted. namely:— “Provided that nothing in this sub-section shall apply to a conservation breeding centre.”. Amendment 18. In section 38L of the principal Act, in sub-section (2), in clause (o), for the words of section "Inspector General of Forests or an officer of the equivalent rank", the words "an officer not 38L. below the rank of Inspector General of Forests" shall be substituted.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 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 included and declared, or are in the process of being so declared) included in a tiger addition to provisions reserve under this Act.”. relating to sanctuaries and National Parks. 20. In Chapter IVC of the principal Act, in the heading, for the words "TIGER AND Amendment OTHER ENDANGERED SPECIES", the words "WILD LIFE" shall be substituted. of heading of Chapter IVC. 21. In section 38Y of the principal Act,— Amendment of section 38Y. (a) in the marginal heading, for the words "Tiger and other Endangered Spe- cies", the words "Wild Life" shall be substituted; (b) in the opening portion, the words "Tiger and other Endangered Species Crime Control Bureau to be known as the" shall be omitted; (c) in clause (e), for the words "Central Excise", the words "Central Goods and Services Tax" shall be substituted. 22. In section 39 of the principal Act, after sub-section (3), the following sub-sections Amendment of shall be inserted, namely:— section 39. "(4) Where any such Government property is a live animal, the State Government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it can not be released to its natural habitat. (5) Any such animal article, trophy or uncured trophy or meat derived from any wild animal, as referred to in sub-sections (1) and (2) may be disposed of by the State Government or the Central Government, as the case may be, in such manner as may be prescribed by the Central Government: Provided that such disposal shall not include any commercial sale or auction and no certificate of ownership shall be issued for such disposal.". 23. In section 40 of the principal Act, the words and figures "or Part II of Schedule II" Amendment of wherever they occur shall be omitted. section 40. 24. In section 40A of the principal Act, in sub-section (1), the words and figures "or Amendment of Part II of Schedule II" shall be omitted. section 40A. 25. In section 41 of the principal Act, in sub-section (1), in clause (b), the words and Amendment of figures "and Part II of Schedule II" shall be omitted. section 41. 26. After section 42 of the principal Act, the following section shall be inserted, Insertion of new namely:— section 42A. "42A. (1) Any person having a certificate of ownership in respect of any captive Surrender of animal, animal article, trophy or uncured trophy, meat or ivory imported into India or an captive article made from such ivory, and who is not desirous of keeping it in his control, animals, animal article, custody or possession may, after giving notice of seven working days to the Chief etc. Wild Life Warden, surrender the same to him and any such certificate of ownership shall stand cancelled from the date of such surrender. (2) No compensation shall be payable to any person for surrender of any such animal, article, trophy, meat or ivory to the Chief Wild Life Warden under sub-section(1). (3) Any such animal, article, trophy, meat or ivory surrendered under this section shall become the property of the State Government and the provisions of section 39 shall apply.". 27. In section 43 of the principal Act, in sub-section (2), the following proviso shall be Amendment of inserted, namely:— section 43. “Provided that the transfer or transport of a captive elephant for a religious or any other purpose by a person having a valid certificate of ownership shall be subject to such terms and conditions as may be prescribed by the Central Government.”.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of 28. In section 48 of the principal Act, in clause (b), in sub-clause (ii), the words and section 48. figures "or Part II of Schedule II" shall be omitted. Amendment of 29. In section 49A of the principal Act, the words and figures "or Part II of Schedule II" section 49A. at both the places where they occur, shall be omitted. Insertion of 30. After Chapter VA of the principal Act, the following Chapter shall be inserted, new Chapter namely:— VB. 'CHAPTER VB REGULATION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA Definitions. 49D. In this Chapter, unless the context otherwise requires,— (a) "artificially propagated" means plants which have been grown under controlled conditions from plant materials grown under similar conditions; (b) "bred in captivity" means produced from parents in captivity; (c) "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora signed at Washington D.C., in the United States of America on the 3rd of March, 1973, and amended at Bonn on the 22nd of June, 1979, its appendices, decisions, resolutions and notifications made thereunder and its amendments, to the extent binding on India; (d) "export" means export from India to any other country of a specimen; (e) "import" means import into India from any other country of a specimen; (f) "introduction from the sea" means transportation into India of specimens of any species which were taken from the marine environment not under the jurisdiction of India or any other country; (g) "Management Authority" means the Management Authority designated under section 49E; (h) "readily recognisable part or derivative" includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of a species listed in Schedule IV; (i) "re-export" means export of any specimen that has previously been imported; (j) "Scientific Authority" means a Scientific Authority designated under section 49F; (k) "scheduled specimen" means any specimen of a species listed in Appendices I, II or III of the Convention and incorporated as such in Schedule IV; (l) "species" means any species, sub-species, or geographically separate population thereof;SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 (m) "specimen" means— (i) any animal or plant, whether alive or dead; (ii) in the case of an animal,— (A) for species included in Appendices I and II of Schedule IV, any readily recognisable part or derivative thereof; (B) for species included in Appendix III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendix III of Schedule IV in relation to the species; and (iii) in the case of a plant,— (A) for species included in Appendix I of Schedule IV, any readily recognisable part or derivative thereof; (B) for species included in Appendices II and III of Schedule IV, any readily recognisable part or derivative thereof specified in Appendices II and III of Schedule IV in relation to the species; (n) "trade" means export, re-export, import and introduction from the sea. 49E. (1) The Central Government shall, by notification, designate an officer Designation of not below the rank of an Additional Director General of Forests as the Management Authority. Management Authority for discharging the functions and exercising the powers under this Act. (2) The Management Authority shall be responsible for issuance of permits and certificates for trade of scheduled specimens in accordance with the Convention, submission of reports, and shall perform such other functions as may be necessary to implement the provisions of the Convention. (3) The Management Authority shall prepare and submit annual and biennial reports to the Central Government. (4) The Central Government may appoint such officers and employees as may be necessary to assist the Management Authority in discharging its functions or exercising its powers under this Chapter, on such terms and conditions of service including salaries and allowances as may be prescribed. (5) The Management Authority may, with the prior approval of the Central Government, delegate its functions or powers, to such officers not below the rank of the Assistant Inspector General of Forests, as it may consider necessary for the purposes of this Chapter. 49F. (1) The Central Government shall, by notification, designate one or Designation of more institutes engaged in research on species as Scientific Authority for the Scientific Authority. purposes of this Chapter, for fulfilling the functions under the Convention. (2) The designated Scientific Authority shall advise the Management Authority in such matters as may be referred to it by the Management Authority. (3) The Scientific Authority shall monitor the export permits granted for specimens of species listed in Appendix II of Schedule IV and the actual export of such specimens. (4) Whenever a Scientific Authority is of the opinion that the export of specimens of such species requires to be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— eligible for inclusion in Appendix I of the Convention, it shall advise the Management Authority to take such appropriate measures to limit the grant of export permits for specimens of that species as the Scientific Authority may deem necessary for said purpose. Directions of 49G. The Management Authority and the Scientific Authorities, shall, while Central performing their duties and exercising powers under this Chapter, be subject to Government. such general or special directions, as the Central Government may, from time to time, give. International 49H. (1) No person shall engage in trade of scheduled specimens except trade in as provided for under this Chapter. scheduled specimen and (2) The Central Government shall prescribe the conditions and procedures restriction in by which the exemptions contained in Article VII of the Convention may be respect 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. (5) The form and manner of making an application for a permit or certificate to trade in a scheduled specimen, the fee payable therefor, the conditions subject to which the permit or certificate may be granted, and the procedure to be followed in granting or cancelling such permit or certificate, shall be such as may be prescribed by the Central Government. Conditions for 49-I. (1) The export of any specimen of species included in Appendices I export of or II of Schedule IV shall require the prior grant and presentation of an export scheduled 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. Conditions for 49J. (1) The import of any specimen of a species included in Appendix I of import of Schedule IV shall require the prior grant and presentation of an import permit scheduled and either an export permit or a re-export certificate from the country of export. specimens.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9 (2) An import permit for a specimen of a species listed in Appendix I of Schedule IV shall not be granted unless— (a) the Management Authority is satisfied that the specimen concerned will not be used for primarily commercial purposes; (b) the Scientific Authority has advised that the import will be for purposes which are not detrimental to the survival of the species; and (c) the Scientific Authority is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it. (3) The import of any specimen of a species included in Appendix II of Schedule IV shall require the prior presentation of either an export permit or a re-export certificate issued by the country of export. (4) The import of any specimen of a species included in Appendix III of Schedule IV shall require the prior presentation of— (a) a certificate of origin; or (b) in the case where the import is from a country which has included the species in Appendix III of the Convention, an export permit; or (c) a re-export certificate granted by the country of re-export. 49K. (1) The re-export of any specimen of species included in Conditions for Appendices I or II of Schedule IV shall require the prior grant and presentation re-export of scheduled of a re-export certificate. specimens. (2) A re-export certificate shall not be granted unless— (a) the Management Authority is satisfied that any specimen to be re-exported was imported in accordance with the provisions of this Chapter and of the Convention; (b) the Management Authority is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and (c) in the case of any living specimen of species listed in AppendixI of Schedule IV, the Management Authority is satisfied that an import permit has been granted. 49L. (1) The introduction from the sea of a specimen of a species included Conditions for in Appendices I or II of Schedule IV shall require the prior grant and presentation introduction from sea of of a certificate of introduction from the sea. scheduled specimens. (2) A certificate of introduction from the sea shall not be granted unless— (a) the Scientific Authority has advised that the introduction of any specimen will not be detrimental to the survival of the species; (b) in the case of a specimen of a species listed in Appendix I of Schedule IV, the Management Authority is satisfied that it is not to be used for primarily commercial purposes and that the proposed recipient of any living specimen is suitably equipped to house and care for it; and (c) in the case of a living specimen of a species listed in Appendix II10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— of Schedule IV, the Management Authority is satisfied that it will be so handled as to minimise the risk of injury, damage to health or cruel treatment. Possession, 49M. (1) Every person possessing a living specimen of an animal species transfer and listed in Schedule IV shall report the details of such specimen or specimens in breeding of his possession to the Management Authority or the authorised officer: living scheduled Provided that the Central Government may exempt one or more specimens animal species. of any animal species included in Schedule IV from such declaration for such quantity and for such period as it may deem fit. (2) The Management Authority or the authorised officer may, on being satisfied that a person was in possession of a living specimen of an animal species listed in Schedule IV which had not been obtained in contravention of any law relating to protection of fauna and flora, issue a registration certificate allowing the owner to retain such specimen. (3) Any person who transfers possession, by any means whatsoever, of any living specimen of an animal species listed in Schedule IV shall report the details to the Management Authority or the authorised officer. (4) The Management Authority or the authorised officer shall register all transfers of living specimens of animal species listed in Schedule IV and issue the transferee with a registration certificate. (5) Any person in possession of any living specimen of an animal species listed in Schedule IV which bears any offspring shall report the birth of such offspring to the Management Authority or the authorised officer. (6) The Management Authority or the authorised officer shall on receipt of the report under sub-section (5) register any offspring born to any living specimen of an animal species listed in Schedule IV and issue the owner with a registration certificate. (7) Any person in possession of any living specimen of an animal species listed in Schedule IV which dies shall report such death to the Management Authority or the authorised officer. (8) No person shall possess, transfer or breed any living specimen of any animal species listed in Schedule IV except in conformity with this section and the rules made by the Central Government in this behalf. (9) The form, manner and period for reporting possession, transfers, and births, deaths, and registration of the same under this section shall be as prescribed by the Central Government. Application 49N. (1) Every person who is engaged in breeding in captivity or artificially for Licence by propagating any scheduled specimen listed in Appendix I of Schedule IV breeders of shall make, within a period of ninety days of the commencement of the Wild Life Appendix I species. (Protection) Amendment Act, 2022, an application for a licence to the Chief Wild Life Warden. (2) The form and manner of the application to be made to the Chief Wild Life Warden under sub-section (1), the fee payable, the form of licence, the procedure to be followed in granting or cancelling the licence shall be such as may be prescribed by the Central Government.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11 49-O. (1) On receipt of application under sub-section (1) of section 49N, Licence of the Chief Wild Life Warden shall, if— breeders of Appendix I (a) the application is in the prescribed form; species. (b) the resolutions of the Convention relating to breeding in captivity or artificial propagation of species listed in Appendix I of Schedule IV are satisfied; and (c) the provisions of the Act and rules made thereunder have been duly complied with, record an entry of the statement in a register and grant the applicant a licence. (2) The Chief Wild Life Warden shall, if the provisions or resolutions of the Convention or this Act and any rules made hereunder have not been complied with, or if a false particular is furnished, refuse or cancel the licence as the case may be after providing the applicant with an opportunity of being heard. (3) The licence under sub-section (1) shall be issued for a period of two years and may be renewed after two years on payment of such fee as may be prescribed. (4) Any person aggrieved by the refusal of the Chief Wild Life Warden or cancellation of licence under sub-section (2) may prefer an appeal to the State Government within a period of sixty days in such manner as may be prescribed. 49P. No person shall alter, deface, erase or remove a mark of identification Prohibition on affixed upon the scheduled specimen or its package. alteration, etc. 49Q. (1) Every species or scheduled specimen, in respect of which any Species and scheduled offence against this Act or rules made thereunder has been committed, shall specimens to become the property of the Central Government and the provisions of be 52 of 1962. section 39 shall, without prejudice to the Customs Act, 1962, apply, mutatis Government property. mutandis, in relation to species and scheduled specimens as they apply in relation to wild animals, captive animals and animal articles. (2) Where a living specimen of a species listed in Schedule IV has been 52 of 1962. seized under this Act or the Customs Act, 1962 or any other law for the time being in force as a result of import into India in contravention of this Act, the Management Authority shall, after consultation with the country of export, return the specimen to that country at the expense of that country, or ensure that it is housed and cared for by a recognised zoo or rescue centre in case it cannot be returned to the country of export. (3) The Management Authority may for such purposes consult the Scientific Authority as it deems appropriate. 49R. (1) Where the same species is listed in Schedule I or II and Schedule Application of IV, then, the provisions of this Act applicable to such species listed in Schedule provisions of Act in respect I or II and the rules made thereunder shall apply. of species listed in (2) Nothing in sections 49M, 49N or 49-O shall apply to a species listed in Schedule I or Schedule I or Schedule II if the same species is also listed in Scheduled IV. II and Schedule IV. (3) The provisions of this Chapter shall be subject to the provisions of Chapters III, IIIA, IVA, V, VA and VIA and without prejudice to anything contained therein.’.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 31. In section 50 of the principal Act, in sub-section (1),— of section 50. (i) after the words "the Director or any other officer authorised by him in this behalf", the words "or the Management Authority or any officer authorised by the Management Authority" shall be inserted; (ii) after the words "a sub-inspector", the words "or any customs officer not below the rank of an inspector or any officer of the coast guard not below the rank of an Assistant Commandant" shall be inserted; (iii) in clauses (a) and (c), after the words "derivative thereof", the words "or scheduled specimen" shall be inserted. Amendment 32. In section 51 of the principal Act,— of section 51. (a) in sub-section (1),— (i) for the words "twenty-five thousand rupees", the words "one lakh rupees" shall be substituted; (ii) in the first proviso,— (A) the words and figures "or Part II of Schedule II" shall be omitted; (B) after the words "boundaries of a sanctuary or National Park", the words and figures "or where the offence relates to a specimen of a species listed on Appendix I of Schedule IV" shall be inserted; (C) for the words "ten thousand rupees", the words "twenty-five thousand rupees" shall be substituted; (iii) in the second proviso, for the words "twenty-five thousand rupees", the words "one lakh rupees" shall be substituted; (b) in sub-section (1A), for the words "ten thousand rupees", the words "twenty-five thousand rupees" shall be substituted. Amendment of 33. In section 51A of the principal Act, the words and figures "or Part II of Schedule II" section 51A. shall be omitted. Amendment of 34. In section 54 of the principal Act, in sub-section (4), for the words "twenty-five section 54. thousand rupees", the words "five lakh rupees" shall be substituted. Amendment of 35. In section 55 of the principal Act, after clause (ac), the following clause shall be section 55. inserted, namely:— "(ad) the Management Authority or any officer, including an officer of theWild Life Crime Control Bureau, authorised in this behalf by the Central Government; or". Amendment of 36. In section 57 of the principal Act,— section 57. (a) for the words “captive animal” at both the places where they occur, the words “wild animal, captive animal” shall be substituted; (b) after the words “derivative thereof” at both the places where they occur, the words “or scheduled specimen” shall be inserted. Amendment of 37. In section 61 of the principal Act, for the word "add", the words "amend any section 61. Schedule or add" shall be substituted.SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13 38. In section 62 of the principal Act,— Amendment of section 62. (a) for the words and figures “other than those specified in Schedule I and Part II of Schedule II”, the words and figure “specified in Schedule II” shall be substituted; (b) for the words and figure “deemed to have been included in Schedule V”, the words and figure “deemed not to be included in Schedule II for such area and for such period as specified in the notification” shall be substituted. 39. After section 62 of the principal Act, the following sections shall be inserted, Insertion of namely:— new sections 62A and 62B. "62A. (1) The Central Government may, by notification, regulate or prohibit the Regulation or import, trade, possession or proliferation of invasive alien species which pose a threat prohibition of to the wild life or habitat in India. import, etc., of invasive (2) The Central Government may authorise the Director or any other officer to alien species. seize and dispose of, including through destruction, the species referred to in the notification issued under sub-section (1). 62B. Notwithstanding any other provision of this Act, the Central Government Power to issue may call for any information or report from a State Government or any such other directions. agency or body or issue any direction to a State Government or any such other agency or body for effective implementation of the provisions of the Act for the protection, conservation and management of wild life in the country.". 40. In section 63 of the principal Act, in sub-section (1),— Amendment of section 63. (a) after clause (gvi), the following clauses shall be inserted, namely:— "(gvii) the manner of disposal of Government property under sub-section (5) of section39; (gviii) the terms and conditions of a transfer or transport of a captive elephant by a person having a valid certificate of ownership for a religious or any other purpose under the proviso to sub-section (2) of section 43;”; (b) after clause (j), the following clauses shall be inserted, namely:— "(ji) the terms and conditions of service including salaries and allowances for appointment of the officers and employees of the Management Authority under sub-section (4) of section 49E; (jii) the conditions and procedures subject to which any exemption provided for in Article VII of the Convention may be availed under sub-section (2) of section 49H; (jiii) the reporting of details of scheduled specimens and the transaction as per sub-section (3) of section 49H; (jiv) the form and manner of application, the fee payable, the conditions and the procedure to be followed under sub-section (5) of section 49H; (jv) the matters provided for in sub-sections (8) and (9) of section 49M; (jvi) the form and manner of the application, the fee payable, the form of licence and the procedure to be followed in granting or cancelling a licence as per sub-section (2) of section 49N; (jvii) the fee payable for renewal of licence as per sub-section (3), and manner of making appeal under sub-section (4), of section 49-O; (jviii) any other matter for proper implementation of the Convention as may be required under Chapter VB;". 41. For Schedules I, II, III, IV, V and VI to the principal Act, the following Schedules Amendment shall be substituted, namely:— of Schedules.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— ‘SCHEDULE — I (See sections 9, 11, 12, 38-I, 39, 40, 40A, 41, 42, 42A, 43, 48, 48A, 50, 51, 51A and 57 and Chapter V-A) PART A: MAMMALS Sl. No. Common name Scientific name ANTELOPES 1. Blackbuck Antilope cervicapra 2. Chinkara/Indian Gazelle Gazella bennettii 3. Four-horned Antelope Tetracerus quadricornis 4. Tibetan Antelope Pantholops hodgsonii 5. Tibetan Gazelle Procapra picticaudata BADGERS 6. Greater Hog Badger Arctonyx collaris 7. Northern Hog Badger Arctonyx albogularis 8. Ratel / Honey Badger Mellivora capensis BATS 9. Andaman Horseshoe Bat Rhinolophus cognatus 10. Black-eared Flying Fox Pteropus melanotusSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1516 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 Striped Hyaena18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1920 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2324 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25 Circus melanoleucos26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2728 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 2930 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Horsfield's Gliding Gecko Gekko horsfieldiiSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31 TURTLES & TORTOISES32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Keeled box TurtleSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33 SAWFISHES PART F: ECHINODERMATA34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3536 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 37 Himalayan Relict38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SCHEDULE - II (SeeSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 39 BATS Durga Das's Leaf-nosed Bat40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4142 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4344 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 45 Thick-billed Warbler46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4748 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4950 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5152 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5354 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5556 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5758 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 59 Lonchura kelaarti60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Oriolus xanthornusSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 6162 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 6364 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 6566 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 67 Tattler68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 6970 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Ephippiorhynchus asiaticusSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7172 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Turdus pilarisSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7374 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— TrogonSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7576 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7778 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— PondSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7980 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Harpulina arausiacaSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 8182 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 8384 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 85 Silverspot86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 8788 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Zeuxine andamanicaSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 8990 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9192 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 93 Rucervus duvaucelii94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9596 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 97 Acerodon jubatus Pteropus insularis98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 99100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 101102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 103104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 105106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 107108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 109110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 111112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Terrapene coahuilaSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 113114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Chasmistes cuiusSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 115116 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 117118 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 119120 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 121122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 123124 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— otter-SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 125 Bradypus pygmaeus126 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 127128 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Tangara fastuosaSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 129130 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— specimens montecristoi, A. salvadorenisSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 131132 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 133134 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Heosemys spinosaSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 135136 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 137138 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Caecobarbus geertsiiSEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 139140 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 141142 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 143144 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 145146 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Anacampseros spp. #4 Avonia spp. #4SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 147148 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 149150 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 151152 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 153154 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 155156 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 157158 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 159160 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 161162 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 163164 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 165 Parts ———— DR. REETA VASISHTA, Secretary to the Govt. of India. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—2018GI(S3)—20-12-2022.