Chapter 7: The Wild Life (Protection) Act, 1972

Chapter VII: Miscellaneous

Section 59: Officers to be public servants

1. 59. Every officer referred to [in Chapter II and the chairperson, members, member-secretary and other officers and employees referred to in Chapter IVA], [Chapter IVB] and every other officer exercising any of the powers conferred by this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
   • Simple Translation: All officials involved in this Act—from the appointed officers (Chapter II) to the members of the Central Zoo Authority (Chapter IVA) and the Tiger Conservation Authority (Chapter IVB), and anyone using powers granted by this Act—are legally considered Public Servants under the Indian Penal Code.
   • Practical Example: Because a Forest Guard is a “Public Servant,” assaulting them while they are on duty is considered an offense against the state (under the Indian Penal Code), not just a regular assault.

Section 60: Protection of action taken in good faith

This section protects officers from being sued if they make honest mistakes while performing their duties.

1. 60(1) No-suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done under this Act.
   • Simple Translation: An officer or employee of the Central or State Government cannot be sued, prosecuted, or face other legal action for any act they performed, or planned to perform, under this Act, provided they were acting honestly and sincerely (“in good faith”).
   • Practical Example: A Forest Officer mistakenly seizes a licensed rifle, genuinely believing it was the one used in an illegal hunt. The owner cannot successfully sue the officer because the seizure was made “in good faith.”
2. 60(2) No suit or other legal proceeding shall lie against the Central Government or the State Government or any of its officers or other employees for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
   • Simple Translation: Neither the State nor Central Government, nor their staff, can be sued for any damage that occurred (or might occur) as a result of an action that was carried out or planned in good faith under this Act.
   • Practical Example: A government-ordered controlled burning to improve habitat accidentally damages a neighboring private farm (damage caused). The government cannot be successfully sued because the burning order was made “in good faith” for conservation purposes.
3. 60(3) No suit or other legal proceeding shall lie against the Authority referred to in Chapter IVA [Chapter IVB] and its chairperson, members, member-secretary, officers and other employees for anything which is in good faith done or intended to be done under this Act.]
   • Simple Translation: This protection from legal action for acting “in good faith” is also extended to the Central Zoo Authority and the Tiger Conservation Authority (Chapter IVA/IVB), including their leadership and staff.
   • Practical Example: A member of the Tiger Conservation Authority cannot be sued personally for a vote they cast, provided they believed the vote was in the best interest of conservation.

Section 61: Power to alter entries in Schedules

This section gives the Central Government the authority to change the lists of protected animals and plants (Schedules I through VI).

1. 61(1) The Central Government may, if it is of opinion that it is expedient so to do, by notification,
2. $$add or delete any entry to or from any Schedule$$
3. or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another.
   • Simple Translation: The Central Government can, whenever it believes it is necessary, publish an official notice to change the protected lists. This includes adding a species, removing a species, or moving a species between any of the Schedules (e.g., changing its protection level from Schedule I to Schedule III).
   • Practical Example: Based on new survey data showing a severe decline in a specific species of monitor lizard, the Central Government publishes a notification to transfer it from the lower protected list (Schedule IV) to the highest protected list (Schedule I).
4. 61(3) On the issue of a notification under sub-section (1)* the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration.
   • Simple Translation: Once the Central Government publishes the change notice, the protected list is legally changed immediately. However, this change does not affect any legal actions, seizures, or permits that occurred or were issued before the change took effect.
   • Practical Example: If the protection status of a snake is lowered today, a person already arrested last week for illegally possessing that snake is still subject to prosecution under the old law.
   • Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government, shall prevail in that State:
     • Simple Translation: If the State Government makes a change to a Schedule (perhaps adding extra protection locally) and the Central Government agreed to it beforehand, that specific State change takes priority within that State’s jurisdiction.
     • Practical Example: State A wanted to specially protect a rare local deer not yet covered nationally. The Central Government gave prior written approval. This State-specific protection remains valid in State A.
   • Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government.
     • Simple Translation: Even if the Central Government previously agreed to the State’s change, the Central Government keeps the ultimate power to override or cancel that State-level change whenever it wants.
     • Practical Example: The Central Government can later publish a new notification overriding the State’s special protection for that rare local deer if national policy requires uniformity.

Section 62: Declaration of certain wild animals to be vermin

This allows the government to treat certain animals as low-priority for conservation in specific areas where they cause problems.

1. 62.
2. $$The Central Government$$
3. may, by notification, declare any wild animal other than those specified in Schedule I and Part II of Schedule II to be vermin for any area and for such period as may be specified therein and so long as such notification is in force, such wild animal shall be deemed to have been included in Schedule V.
   • Simple Translation: The Central Government can officially declare a wild animal (provided it is not one of the most highly protected ones—Schedule I or Part II of Schedule II) to be vermin (a nuisance) for a specific area and a fixed time period. While that declaration is active, the animal is treated as if it were on the lowest protection list (Schedule V).
   • Practical Example: Due to a serious monkey menace causing widespread damage in three specific districts, the Central Government declares the Common Macaque to be “vermin” in those districts for a period of nine months, temporarily allowing authorized culling operations.

Section 63: Power of Central Government to make rules

This section grants the national government authority to create detailed administrative rules.

1. 63(1) The Central Government may, by notification, make rules for all or any of the following matters, namely:-
   • Simple Translation: The Central Government is empowered to publish official rules to detail how the Act is enforced nationally, including rules for:
   • 63(1)(a) conditions and other matters subject to which a licensee may keep any specified plant in his custody or possession under section17F;
     • Practical Example: Setting rules defining the required storage temperature, inventory logging system, and security measures for a licensed collector of rare medicinal plants.
   • 63(1)(ai) to (gvi) [Rules relating to National Boards, Zoos, and Tiger Conservation Authorities]:
     • Practical Example: The Central Government publishes rules defining the minimum salaries and tenure lengths for members of the Central Zoo Authority. It also sets the required qualifications for scientific experts serving on the National Tiger Conservation Authority.
   • 63(1)(h) the form in which declaration shall be made under sub-section (2) of section 44;
     • Practical Example: Creating the official paper or digital format that a business must use to declare its existing stock of animal articles.
   • 63(1)(k) the manner in which notice may be given by a person under clause (c) of section 55;
     • Practical Example: Defining the official method (e.g., registered post only) and the required contents of the 60-day legal notice a private citizen must send before filing a court complaint (Section 55(c)).
2. 63(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
   • Simple Translation: Any new rule created by the Central Government must be placed before Parliament for review for a period totaling 30 days. Parliament can vote to change the rule or completely reject it. The rule is only legally binding in its final, approved form. Crucially, any action taken under the rule before Parliament made a change remains legally valid.
   • Practical Example: The Central Government imposes a new permit fee. Parliament later votes to reduce that fee. Any person who paid the original, higher fee before the parliamentary vote cannot claim a refund, but all future payments must use the lower, modified fee.

Section 64: Power of State Government to make rules

This section grants state governments authority to create detailed local administrative rules.

1. 64(1) The State Government may, by notification, make rules for carrying out the provisions of this Act in respect of matters which do not fall within the purview of section 63.
   • Simple Translation: The State Government has the power to publish official rules to enforce the Act locally, but only for issues that the Central Government has not already claimed authority over (i.e., state-specific administration).
2. 64(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
   • Simple Translation: Without limiting its general power, the State can specifically create rules for:
   • 64(2)(a) and (b) [Board Procedure and Allowances]:
     • Practical Example: Defining how the State Board for Wild Life will choose its quorum and setting the travel allowances for its non-official members.
   • 64(2)(c) the forms to be used for any application, certificate, claim, declaration, licence, permit, registration, return, or other document, made, granted, or submitted under the provisions of this Act and the fees, if any, therefor;
     • Practical Example: Creating the official form for a Sanctuary entry permit and setting the exact fee required for a taxidermist’s license application.
   • 64(2)(d) the conditions subject to which any licence or permit may be granted under this Act;
     • Practical Example: Specifying that all Sanctuary tourism permits are conditional upon visitors staying in a vehicle and carrying no plastic bottles.
   • 64(2)(ee) the manner in which measures for immunisation of live-stock shall be taken;]
     • Practical Example: Detailing the schedule, vaccine type, and record-keeping procedures for the mandatory vaccination drive around a Sanctuary (Section 33A).
   • 64(2)(f) regulation of the possession, transfer and the sale of captive animals, meat, animal articles, trophies and uncured trophies;
     • Practical Example: Setting specific state-level rules regarding how certified animal articles must be transported within the state.
   • 64(2)(h) any other matter which has to be, or may be, prescribed under this Act.
     • Simple Translation: Any other necessary detail required by the Act to be covered by rules.

Section 65: Rights of Scheduled Tribes to be protected

This section safeguards the traditional rights of specific communities in the Nicobar Islands.

1. 65. Nothing in this Act shall affect the hunting rights conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands by notification of tile Andaman and Nicobar Administration, No. 40,/67/F, No. G635, Vol. III, dated the 28th April, 1967, published at pages 1 to 5 of the Extraordinary issue of the Andaman and Nicobar Gazette, dated the 28th April, 1967.
   • Simple Translation: The general hunting prohibition (Section 9) does not apply to the specific hunting rights that were already legally granted to the Scheduled Tribes of the Nicobar Islands by a particular 1967 official notification.
   • Practical Example: Members of the specified Nicobar tribes can continue to exercise their traditional hunting rights under the terms of the 1967 order, even though the rest of India is subject to the total hunting ban.

Section 66: Repeal and savings

This is the final section, ensuring a smooth transition from old wildlife laws to the new Act.

1. 66(1) As from the commencement of this Act, every other Act relating to any matter contained in this Act and in force in a State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act or any provision contained in this Act, stand repealed:
   • Simple Translation: The moment this 1972 Act started, any older state law covering the same wildlife issues was automatically canceled (repealed) to the extent that it contradicted the new 1972 Act.
   • Provided that such repeal shall not,-
     • Simple Translation: This cancellation of old laws does not affect the following:
     • 66(1) Proviso (i) affect the previous operation of the Act so repealed, or anything duly done or suffered thereunder;
       • Practical Example: A permit issued under the old law before 1972 is still considered valid until it expires or is canceled under the new Act.
     • 66(1) Proviso (iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
       • Practical Example: A person convicted and fined for an offense under the 1950 Wildlife Act must still pay the fine, even though the 1950 Act is now repealed.
     • 66(1) Proviso (iv) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture and. Punishment may be imposed, as if the aforesaid Act had not been repealed.
       • Simple Translation: Any ongoing legal case, investigation, or prosecution that started under the old law continues exactly as if the old law were still active.
       • Practical Example: A court case against a hunter that started in 1971 continues under the rules of the 1950 Act, even after the 1972 Act commences.
2. 66(2) Notwithstanding such repeal,-
   • 66(2)(a) anything done or any action taken under the Act so repealed, (including any notification, order, certificate, notice or receipt issued, application made, or permit granted) which is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act as, if this Act were in force at the time such thing was done or action was taken, and shall continue to be in force, unless and until superseded by anything done or any action taken under this Act;
     • Simple Translation: Any official action taken under the old law (like issuing a certificate or a permit) that does not conflict with the new Act is automatically considered valid under the new Act, and remains in effect until the new authorities replace it.
     • Practical Example: A Chief Forest Officer’s order issued in 1968 to staff that is consistent with the 1972 Act remains binding on the staff until the new CWLW issues a superseding order.
3. 66(3) For the removal of doubts, it is hereby declared that any sanctuary or National Park declared by a State Government under any Act repealed under sub-section (1) shall be deemed to be a sanctuary or National Park, as, the case may be, declared by the State Government under this Act and where any right in or over any land in any such National Park which had not been extinguished under the said Act, at or before the commencement of this Act, the extinguishment of such rights shall be made in accordance with the provisions of this Act.
   • Simple Translation: Any Sanctuary or National Park established before 1972 is automatically recognized and managed under the rules of this new 1972 Act. If there were any outstanding land rights inside an old National Park that were never formally settled, those rights must now be settled using the rigorous acquisition process defined in this new Act (Sections 19-26A).
   • Practical Example: A “Game Reserve” from 1955 automatically becomes a “Sanctuary” under the 1972 Act. If a private ownership claim was never settled in that reserve, the process starts now using the Collector inquiry process of the 1972 Act.
4. 66(4) For the removal of doubts, it is hereby further declared that where any proceeding under any provision of section 19 to 25 (both inclusive) is pending on the date of commencement of the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), any reserve forest or a part of territorial waters comprised within a sanctuary declared under section 18 to be a sanctuary before the date of such commencement shall be deemed to be a sanctuary declared under section. 26A.]
   • Simple Translation: If the Sanctuary land acquisition process (Sections 19-25) was still ongoing when the 1991 amendment took effect, any Reserve Forest land or marine area involved in that process is legally recognized as being part of the Sanctuary under the newer Section 26A rules.
   • Practical Example: A state that was trying to acquire land for a Sanctuary when the 1991 law was passed (which added new marine protection rules) does not have to restart the process; the ongoing work is simply validated under the new, stricter Section 26A rules.