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Section 38W

WLP Act

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Chapter IPreliminary

1Short title, extent and commencement
2Definitions

Chapter IIAuthorities to Be Appointed or Constitutes Under the Act

3Appointment of Director and other officers
4Appointment of Life Warden and other officers
5Power to delegate
5AConstitution of the National Board for Wild Life
5BStanding Committee of the National Board
5CFunctions of the National Board
6Constitution of State Board for Wild Life
6AStanding Committee of Board
7Procedure to be followed by the Board
8Duties of State Board for Wild Life

Chapter IIIHunting of Wild Animals

9Prohibition of hunting
10Omitted.
11Hunting of wild animals to be permitted in certain cases
12Grant of permit for special purposes
13Omitted.
14Omitted.
15Omitted.
16Omitted.
17Omitted.

Chapter IIIAProtection of Specified Plants

17AProhibition of picking, uprooting, etc. of specified plant
17BGrants of permit for special purposes
17CCultivation of specified plants without licence prohibited
17DDealing in specified plants without licence prohibited
17EDeclaration of stock
17FPossession, etc., of plants by licensee
17GPurchase, etc., of specified plants
17HPlants to be Government property

Chapter IVSanctuaries · Natioanl Parks · Closed Area · Sanctuaries or National Parks declared by Central Government · National Tiger Conservation Authority · Tiger and Other Endangered Species Crime Control Bureau

Sanctuaries

18Declaration of sanctuary
18AProtection to sanctuaries
18BAppointment of Collectors
19Collector to determine rights
20Bar of accrual of rights
21Proclamation by Collector
22Inquiry by Collector
23Powers of Collector
24Acquisition of rights
25Acquisition proceedings
25ATime-limit for completion of acquisition proceedings
26Delegation of Collector's powers
26ADeclaration of area as sanctuary
27Restriction on entry in sanctuary
28Grant of permit
29Destruction, etc., in a sanctuary prohibited without a permit
30Causing fire prohibited
31Prohibition of entry into sanctuary with weapon
32Ban on use of injurious substances
33Control of sanctuaries
33AImmunisation of livestock
33BAdvisory Committee
34Registration of certain persons possessing arms
34APower to remove encroachment

Natioanl Parks

35Declaration of National Parks
36Omitted.
36ADeclaration and management of a conservation reserve
36BConservation reserve management committee
36CDeclaration and management of community reserve
36DCommunity reserve management committee

Closed Area

37Omitted.

Sanctuaries or National Parks declared by Central Government

38Power of Central Government to declare areas as sanctuaries or National Parks or conservation reserves

National Tiger Conservation Authority

38KDefinitions
38LConstitution of National Tiger Conservation Authority
38MTerm of office and conditions of service of members
38NOfficers and employees of Tiger Conservation Authority
38OPowers and functions of Tiger Conservation Authority
38PProcedure to be regulated by Tiger Conservation Authority
38QGrants and loans to Tiger Conservation Authority and Constitution of Fund
38RAccounts and audit of Tiger Conservation Authority
38SAnnual report of Tiger Conservation Authority
38TAnnual report and audit report to be laid before Parliament
38UConstitution of Steering Committee
38VTiger Conservation Plan
38WAlteration and de-notification of tiger reserves
38XEstablishment of Tiger Conservation Foundation
38XAProvisions of Chapter to be in addition to provisions relating to sanctuaries and National Park

Tiger and Other Endangered Species Crime Control Bureau

38YConstitution of Wild Life Crime Control Bureau
38ZPowers and functions of the Wildlife Crime Control Bureau

Chapter IVACentral Zoo Authority and Recognition of Zoos

38AConstitution of Central Zoo Authority
38BTerm of office and conditions of service of Chairperson and members, etc
38CFunctions of the Authority
38DProcedure to be regulated by the Authority
38EGrants and loans to Authority and Constitution of Fund
38FAnnual report
38GAnnual report and audit report to be laid before Parliament
38HRecognition of zoos
38IAcquisition of animals by a zoo
38JProhibition of teasing, etc., in a zoo

Chapter VTrade or Commerce in Wild Animals, Animal Articles and Trophies

39Wild animals, etc., to be Government property
40Declarations
40AImmunity in certain cases
41Inquiry and preparation of inventories
42Certificate of ownership
42ASurrender of captive animals, animal article, etc
43Regulation of transfer of animal, etc
44Dealings in trophy and animal articles without licence prohibited
45Suspension or cancellation of licences
46Purchase
47Maintenance of records
48Purchase of animals, etc., by licensee
48ARestriction on transportation of wild life
49Purchase of captive animal, etc., by a person other than a licensee

Chapter VAProhibition of Trade or Commerce in Trophies, Animal Articles, Etc., Derived from Certain Animals

49ADefinitions
49BProhibition of dealings in trophies, animal articles, etc., derived from scheduled animals
49CDeclaration by dealers
49DDefinitions
49EDesignation of Management Authority
49FDesignation of Scientific Authority
49GDirections of Central Government
49HInternational trade in Scheduled specimen and restriction in respect thereof
49-IConditions for scheduled specimens
49JConditions for import of scheduled specimens
49KConditions for re-export of scheduled specimens
49LConditions for introfuction from sea of scheduled specimens
49MPossession transfer and breeding of living scheduled animal species
49NApplication for Licence by breeders of Appendix I species
49-OLicence of breeders of Appendix I species
49PProhibition on alteration, etc
49QSpecies and scheduled specimens to be Government property
49RApplication of provisions of Act in respect of species listed in Schedule I or II and Schedule IV

Chapter VIPrevention and Detection of Offences

50Power of entry, search, arrest and detention
51Penalties
51ACertain conditions to apply while granting bail
52Attempts and abetment
53Punishment for wrongful seizure
54Power to compound offences
55Cognizance of offences
56Operation of other laws not barred
57Presumption to be made in certain cases
58Offences by Companies

Chapter VIAForfeiture of Property Derived from Illegal Hunting and Trade

58AApplication
58BDefinitions
58CProhibition of holding illegally acquired property
58DCompetent authority
58EIdentifying illegally acquired property
58FSeizure or freezing of illegally acquired property
58GManagement of properties seized or forfeited under this Chapter
58HNotice of forfeiture of property
58IForfeiture of property in certain cases
58JBurden of proof
58KFine in lieu of forfeiture
58LProcedure in relation to certain trust properties
58MCertain transfer to be null and void
58NConstitution of Applellate Tribunal
58OAppeals
58PNotice or order not to be invalid for error in description
58QBar of Jurisdiction
58RCompetent Authority and Appellate Tribunal to have powers of civil court
58SInformation to competent authority
58TCertain officers to assist Administrator, competent authority and Appellate Tribunal
58UPower to take possession
58VRectification of mistakes
58WFindings under other laws not conclusive for proceedings under this Chapter
58XService of notices and orders
58YPunishment for acquiring property in relating to which proceeings have been taken under this Chapter

Chapter VIIMiscellaneous

59Officers to be public servants
60Protection of action taken in good faith
60AReward to persons
60BReward by State Government
61Power to alter entries in Schedules
62Declaration of certain wild animals to be vermin
62ARegulation or prohibition of import, etc., of invasive alien species
62BPower to issue directions
63Power of Central Government to make rules
64Power of State Government to make rules
65Rights of Scheduled Tribes to be protected
66Repeal and savings

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WLP Act 38WChapter IV · National Tiger Conservation Authority

Section 38W · Alteration and de-notification of tiger reserves

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38W. Alteration and de-notification of tiger reserves.--(1) No alteration in the boundaries of a tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the National Board for Wild Life.

(2) No State Government shall de-notify a tiger reserve, except in public interest with the approval of the Tiger Conservation Authority and the National Board for Wild Life.]

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