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Definitions Under Wildlife Act (Section 2)

Hemant More — Mon, 16 Sep 2019 10:11:17 +0000

Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Definitions Under Wildlife Act (Section 2)

It is to be noted taht the Act covers both animal and plant.

Section 2. Definitions – In this Act, unless the context otherwise requires, –

1)	“animal” includes amphibians, birds, mammals, and reptiles, and their young, and also includes, in the cases of birds and reptiles, their eggs;
2)	“animal article” means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal [has been used and ivory imported into India and an article made therefrom];
3)	Omitted 1991
4)	“Board means the Wildlife Advisory Board constituted under subsection (1) of Sec. 6;
5)	“captive animal” means any animal, specified in Schedule 1, Schedule II, Schedule III or Schedule IV, which is captured or kept or bred in captivity;
6)	Omitted 1991
7)	“Chief Wildlife Warden” means the person appointed as such under C1. (a) of sub-section (1) of Sec.4;
7A)	“Circus” means an establishment, whether stationary or mobile where animals are kept or used wholly or mainly for the purpose of performing tricks or manoeuvers;
8)	“closed area” means the area which is declared under sub-section (1) of Sec.37 to be closed to hunting;
9)	“Collector” means the Chief Officer in charge of the revenue administration of a district;
10)	“commencement of this Act”, in relation to – (a) a State, means commencement of this Act in that State. (b) any provision of this Act, means commencement of that provision in the concerned State;
11)	“dealer” means any person who carries on the business of buying and selling any captive animal, animal article, trophy, uncurled trophy, [9 meat or specified plant];
12)	“Director” means the person appointed as Director of Wildlife Preservation under Cl (a). of sub-section (1) of Sec. 3; [(12A) “Forest Officer” means the Forest Officer appointed under clause (2) of Sec.2 of the Indian Forest Act, 1927 (1016 of 1927);]
13)	Omitted 1991
14)	“Government property” means property, referred to in sec.39; [or sec. 17H12]
15)	“habitat” includes land, water, or vegetation which is the natural home of any wild animal;
16)	“hunting”, with its grammatical variations and cognate expressions, includes, (a) capturing, killing, poisoning, snaring, and trapping or any wild animal and every attempt to do so, (b) driving any wild animal for any of purposes specified in sub clause (c) injuring or destroying or taking any part of the body of any such animal, or in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles;
17)	“land” includes canals, creeks, and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, [marshes and wetlands and also includes boulders and rocks; 13]
18)	“licence” means a licence granted under this Act;
18A)	“Live-stock” includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, horses, mules, pigs, sheep, yak and also includes their young;
19)	“manufacturer” means a manufacturer of animal articles;
20)	“meat” includes blood, bones, sinew, eggs, fat and flesh, whether raw or cooked, of any wild animal other than vermin;
21)	“National Park” means an area declared, whether under sec.35. or sec.38 or deemed, under sub-section (3) of sec.66. to be declared, as a National Park
22)	“notification” means a notification published in the official Gazette;
23)	“permit” means a permit granted under this Act or any rule made thereunder;
24)	“Person” includes a firm;
25)	“prescribed” means prescribed by rules made under this Act;
25A)	“recognised zoo” means a zoo recognised under section 38H;
25B)	“reserve forest” means the forest declared to be reserved by the State Government under sec.20. of the Indian Forest Act, 1927 (16 of 1927);
26)	“sanctuary” means an area declared, whether under sec. [26(A)5 ] or sec 38, or deemed, under sub section (3) of Sec.66 to be declared, as a wildlife sanctuary;
27)	“specified plant “means any plant specified in Schedule VI;
28)	“special game” means any animal specified in Sec.II;
29)	“State Government”, in relation to a Union Territory, means the Administrator of that Union Territory appointed by the President under Art 239 of the Constitutions ;
30)	“taxidermy”, with its grammatical variations and cognate expressions, means the curing, preparation or preservation of trophies;
30A)	“territorial waters” shall have the same meaning as in Sec.3. of Territorial waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);
31)	“trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes, (a) rugs, skins, and specimens of such animals mounted in whole or in part through a process of taxidermy, and (b) antler, horn, rhinoceros horn, feather, nail, tooth, musk, eggs, and nests;
32)	“uncured trophy” means the whole or any part of any captive animal, other than vermin, which has not undergone a process of taxidermy, and includes a [freshly killed wild animal ambergris, musk and other animal products ];
33)	vehicle” means any conveyance used for movement on land, water or air, and includes buffalo, bull, bullock, camel, donkey, elephant, house, and mule;
34)	“vermin” means any wild animal specified in Sch.V;
35)	“weapon” includes ammunition, bows and arrows, explosives, firearms, hooks, knives, nets, poison, snares, traps, and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal;
36)	“wild animal” means any animal found wild in nature and includes any animal specified in Schedule I, Schedule II, Schedule, IV or Schedule V, wherever found;
37)	“wildlife” includes any animal, bees butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat;
38)	“Wildlife Warden” means the person appointed as such under C1. (b) of sub-section (1) of Sec.4;
39)	“zoo” means an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public but does not include a circus and an establishment of a licenced dealer in captive animals.

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Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Definitions Under Wildlife Act (Section 2)

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Objectives and Features of Wildlife Protection Act, 1972

Hemant More — Tue, 04 Jun 2019 08:29:47 +0000

Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Objectives and Features of Wildlife Protection Act, 1972

In this article, we shall study the objectives and features of the Wildlife Protection Act, 1972.

Constitutional Provisions:

Article 48-A of the Constitution says that the State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country. Thus the Constitution advises (directive principle) the State to develop a mechanism and formulate Acts for the protection of wildlife. Article 51A (g) imposes a fundamental duty on every citizen of India to protect and improve the environment and have compassion for living creatures.

Need of the Wild Life Protection Act :

Wild Life, which is a part and parcel of the environment, constitutes the wealth of the nation. it included wild animals, birds, plants, etc. However, man, in the process of progress and development and also for his selfish ends, is causing much damage to the forests and wildlife. The Wildlife Protection Act, 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The Act consists of 60 Sections and VI Schedules- divided into Eight Chapters. The Wildlife Protection Act, 1972 empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area. It provides for authorities to administer and implement the Act; regulate the hunting of wild animals; protect specified plants, sanctuaries, national parks, and closed areas; restrict trade or commerce in wild animals or animal articles; and miscellaneous matters. The Act prohibits hunting of animals except with permission of authorized officer when an animal has become dangerous to human life or property or as disabled or diseased as to be beyond recovery.

Objectives of the Wild Life Protection Act:

To prohibit hunting of wild animals; birds, etc. and impose punishment for violating the same. The schedules give absolute protection to certain species and these cannot be infringed on any account.
To provide security to animals that are not in danger of becoming extinct.
To delineate animals that can be hunted like ducks and deer’s. For this purpose the hunter has to apply for a license to the District Forest Officer who will allow a hunter to shoot during a specific season and restricted area. Any infringement can lead to cancellation of the hunting license.
To help cultivation and plant life and gives teeth to setting up more protected animal parks.
To give sweeping powers to law enforcement authorities to punish anybody guilty under the Act.
To empower the Central Govt. and State Govt. to declare certain areas as Sanctuaries or National Parks.

Salient Features of the Wild Life Protection Act:

It defines wildlife-related terminology.
It provides for the appointment of wildlife advisory Board, Wildlife Warden, their powers, duties, etc.
It helped in becoming a party to the Convention of International Trade in Endangered Species of Fauna and Flora (CITES, 1976).
It supported launching a “national component of UNESCO’s ‘Man and Biosphere Programme’ (1971).
The Act made a comprehensive list of endangered wildlife species for the first time and prohibition of hunting of the endangered species was mentioned.
It also provides for the protection of some endangered plants.
It provides for setting up of National Parks, Wildlife Sanctuaries, etc.
It provides for the constitution of Central Zoo Authority.
It provides for trade and commerce in some wildlife species with a license for sale, possession, transfer, etc.
It imposes a ban on the trade or commerce in scheduled animals.
It provides for legal powers to officers and punishment to offenders.
Very mild penalty and punishment are provided for an offender under the Act.
The Act contains 66 Sections divided into seven chapters and six schedules.

Chapters:

Chapter- I (Sections 1 and 2 ) contains short title and definitions.
Chapter – II deals with Authorities under the Act.
Chapter – III deals with the hunting of wild animals
Chapter – III A deals with the protection of Specified Plants.
Chapter – IV provides for declaration of sanctuaries, National Parks and Closed Areas.
Chapter – IV-A deals with the Central Zoo Authority and Recognition of Zoos.
Chapter- V deals with Trade or Commerce in Wild Animals, Animal Articles and Trophies.
Chapter – V- A deals with the prohibition of Trade or Commerce in Trophies, Animal Articles, etc.
Chapter- VI relates to Prevention and Detection of offences
Chapter VI – A deals with Forfeiture of property derived from illegal hunting and trade
Chapter- VII contains Miscellaneous Provisions.

Schedules:

Schedule I: List of wild animals those can be hunted only if the threat to human life or disabled or diseased; trade prohibited. This schedule is for endangered species, that deserve rigorous protection and the breach of these rules results in serious punishment. A famous case where this was applied was when Salman Khan was sentenced to 5 years in prison for hunting a blackbuck.
Schedule II: List of wild animals those can be hunted only if the threat to human life or disabled or diseased; trade prohibited
Schedule III and Schedule IV: List of those animals not in danger of becoming extinct; hunting invokes penalties. This Schedule is for species that are not endangered, but the protection and punishments are equally rigorous.
Schedule V: List of animals declared as vermin. Only four species of wild animals i.e. common crow, fruit bats, mice, and rats are permitted to be hunted. This Schedule delineates the animal species that can be hunted, like deer or ducks, and the rules pertaining to their hunting.
Schedule VI: Specified plants; trade, possession, etc. regulated by chapter III. This Schedule covers the protection and trade of medicinal plants as well as agricultural species of plants.

Extent and Applicability (Section 1):

Wildlife (Protection) Act, 1972 has been accepted and adopted by all the states. This is the first comprehensive legislation relating to the protection of wildlife was passed by the Parliament and it was assented by the President on 9th September 1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of 1972).

When this Act was passed the wildlife protection subject was in State List and states were empowered to make law on it. The Parliament passed this Act using provisions in Article 252 of the Constitution.

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Indian Legal System > Civil Laws > Environmental Laws > Wildlife Protection Act, 1972 > Objectives and Features of Wildlife Protection Act, 1972

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