MINISTRY OF LAW AND JUSTICE
(Legislative
Department)
The
following Act of Parliament received the assent of the President on the l7th
January, 2003, and is hereby published for general information:–
THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2002
No. 16 of 2003
[17thJanuary,
2003.]
An Act
further to amend the Wild Life (Protection) Act, 1972.
BE it
enacted by Parliament in the Fifty‑third Year of the
Short Title and Commencement
1. (1)
This Act may be called the Wild Life (Protection) Amendment Act, 2002.
(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.
Amendment of Long Title
53 of 1972
2. In the Wild Life (Protection)
Act, 1972 (hereinafter referred to as the principal Act), for the long title,
the following long title shall be substituted, namely:–
"An Act to provide for the protection of wild animals,
birds and plants and for matters connected therewith or ancillary or incidental
thereto with a view to ensuring the ecological and environmental security of
the country.".
Amendment of section 2
3. In
section 2 of the principal Act,–
(a)
for
clause (1), the following clause
shall be substituted, namely:‑
'(1)
"animal" includes mammals, birds, reptiles, amphibians, fish, other
chordates and invertebrates and also includes their young and eggs;';
(b) for clause (4), the
following clause shall be substituted, namely:‑
'(4)
"Board" means a State Board for Wild Life constituted under subsection
(1) of section 6;';
(c) clause (8) shall
be omitted;
(d) for clause (9),
the following clause shall be substituted, namely:‑
'(9) "Collector" means the
chief officer‑in‑charge of the revenue administration of a district
or any other officer not below the rank of a Deputy Collector as may be
appointed by the State Government under section 18B in this behalf;';
(e) for clause (11),
the following clause shall be substituted, namely:–
'(11) "dealer" in relation to
any captive animal, animal article, trophy, uncured
trophy, meat or specified plant, means a person, who carries on the business of
buying or selling any such animal or article, and includes a person who
undertakes business in any single transaction;';
(f) for clause (12A),
the following clauses shall be substituted, namely:–
16 of 1927
'(12A) "Forest officer" means
the Forest officer appointed under clause (2)
of section 2 of the Indian Forest Act, 1927 or under any other Act for the time
being in force in a State;
16 of 1927
(12B) "forest produce" shall have the same meaning as in
sub‑clause (b) of clause (4) of section 2 of the Indian Forest
Act, 1927;';
(g) in clause (16), for sub‑clauses (a)
and (b), the following sub‑clauses
shall be substituted, namely:
"(a) killing or poisoning of any wild animal or captive
animal and every attempt to do so;
(b) capturing, coursing, snaring, trapping, driving or baiting
any wild or captive animal and every attempt to do so;";
(h) for clause (18A),
the following clause shall be substituted namely:–
'(18A)
"livestock" means farm animals and includes buffaloes, bulls,
bullocks, camels, cows, donkeys, goats, sheep, homes, mules, yaks, pigs, ducks,
geese, poultry and their young but does not include any animal specified in
Schedules I to V;';
(i) for clauses (19) and (20), the
following clauses shall be substituted, namely:‑
'(19) "manufacturer" means a person who manufactures articles
from any animal or plant specified in Schedules I to V and VI, as the case may
be;
(20) "meat" includes blood, bones, sinew, eggs, shell or
carapace, fat and flesh with or without skin, whether raw or cooked, of any
wild animal or captive animal, other than a vermin;
(20A) "National Board" means the National Board for Wild
Life constituted under section 5A;';
(j) after clause (24),
the following clause shall be inserted, namely:–
'(24A)
"protected area means a National Park, a sanctuary, a conservation reserve
or a community reserve notified under sections 18, 35, 36A and 36C of the
Act;';
(k) for clauses (25B)
and (26), the following clauses shall
be substituted, namely:–
'(25B) "reserve
forest" means the forest declared to be reserved by the State Government
under section 20 of the Indian Forest Act, 1927, or declared as such under any
other State Act;
(26) "sanctuary" means an area
declared as a sanctuary by notification under the provisions of Chapter IV of
this Act and shall also include a deemed sanctuary under sub‑section (4)
of section 66;';
(l) clause (28) shall be omitted;
(m) for clause (30),
the following clause shall be substituted, namely:–
'(30) "taxidermy", with its grammatical variations and cognate
expressions, means the curing, preparation or preservation or mounting of
trophies;';
(n) in clause (31),
for sub‑clause (b), the
following sub‑clause shall be substituted, namely:–
"(b) antler, bone, carapace, shell‑, horn, rhinoceros horn,
hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb;";
(o) for clause (36),
the following clause shall be substituted, namely:–
'(36) "wild
animal" means any animal specified in Schedules I to IV and found wild in
nature;';
(p) for clause (37),
the following clause shall be substituted, namely:–
'(37) "wild life" includes any animal, aquatic or land
vegetation which forms part of any habitat;';
(q) in clause (39),
for the words "but does not include a circus arid an establishment",
the words "and includes a circus and rescue centres
but does not include an establishment" shall be substituted.
Amendment of Section 3
4. In
section 3 of the principal Act, –
(i) in
sub‑section (1), clause (b) shall be omitted;
(ii)
for sub‑section (3), the following sub‑section shall be substituted, namely:–
"(3) The officers and other employees
appointed under this section shall be required to assist the Director.".
Amendment of Section 4
5. In
section 4 of the principal Act, in sub‑section (1), for clause (bb), the
following clause shall be substituted, namely:–
"(bb) Honorary Wild Life Wardens;".
Insertion of New Sections 5A to 5C
6. After
section 5 of the principal Act, the following sections shall be inserted,
namely:‑
Constitution of the National Board for Wild Life
"5A. (1) The
Central Government shall, within three months from the date of commencement of
the Wild Life (Protection) Amendment Act, 2002, constitute the National Board
for Wild Life consisting of the following members, namely:‑
(a) the Prime Minister as Chairperson;
(b) the Minister
in‑charge of Forests and Wild Life as Vice‑Chairperson;
(c) three members of Parliament of whom two shall be from the
House of the People and one from the Council of States;
(d) Member, Planning Commission in‑charge of Forests and
Wild Life;
(e) five persons to represent non‑governmental
organisations to be nominated by the Central
Government;
(f) ten persons to be nominated by the
Central Government from amongst eminent conservationists, ecologists and
environmentalists;
(g) the Secretary to the Government of
India in‑charge of the Ministry or Department of the Central Government
dealing with Forests and Wild Life;
(h) the Chief of the Army Staff,
(i) the
Secretary to the Government of India in‑charge of the Ministry of Defence;
(j) the Secretary to the Government of
India in‑charge of the Ministry of information and Broadcasting;
(k) the Secretary to the Government of
India in;‑charge of the Department of Expenditure, Ministry of Finance;
(l) the Secretary to the Government of
(m) the Director‑General of
Forests in the Ministry or Department of the Central Government dealing with
Forests and Wild Life;
(n) the Director‑General of
Tourism, Government of
(o) the Director‑General, Indian
Council for Forestry Research and Education, Dehradun;
(p) the Director, Wild Life Institute of
(q) the Director, Zoological Survey of
India;
(r) the Director, Botanical Survey of
India;
(s) the Director, Indian Veterinary
Research lnstitute;
(t) the Member‑Secretary, Central
Zoo Authority;
(u) the Director, National Institute of
Oceanography;
(v) one representative each from ten
States and
(w) the Director of Wild Life
preservation who shall be the Member‑Secretary of the National Board.
(2) The term of office of the members other than those who are
members ex officio, the manner of filling vacancies referred to in clauses (e), (1)
and (v) of subsection (1), and the procedure to be followed in
the discharge of their functions by the members of the National. Board shall be
such, as may be prescribed.
(3) The members (except members ex officio) shall be entitled to receive such allowances in respect
of expenses incurred in the performance of their duties as may be prescribed.
(4) Notwithstanding anything contained in any other law for the
time being in force, the office of the member of the National Board shall not
be deemed to be an office of profit.
Standing Committee of the National Board
5B. (1) The National Board may, in its
discretion, constitute a Standing Committee for the purpose of exercising such
powers and performing such duties as may be delegated to the Committee by the
National 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 National Board.
(3)
The National Board may constitute committees, sub‑committees or study
groups, as may be necessary, from time to time in proper discharge of the
functions assigned to it.
Functions of the National Board
5C. (1) It shall be
the duty of the National Board to promote the conservation and development of
wild life and forests by such measures as it thinks fit.:
(2) Without prejudice to the generality of the foregoing
provision, the measures referred to therein may provide for–
(a) framing policies and advising the Central Government and the
State Governments on the ways and means of promoting wild life conservation and
effectively controlling poaching and illegal trade of wild life and its
products;
(b) making recommendations on the
setting up of and management of national parks, sanctuaries and other protected
areas and on matters relating to restriction of activities in those areas;
(c) carrying out or causing to be
carried but impact assessment of various projects and activities on wild life
or its habitat;
(d) reviewing from time to time, the progress in the field of
wild life conservation in the country and suggesting measures for improvement
thereto; and
(e) preparing and publishing a status
report at least once in two years on wild life in the country.".
Substitution of new section for section 6
7. For section 6 of the principal Act, the
following section shall be substituted, namely:‑
Constitution
of State Board for Wild Life
"6. (1) The
State Government shall, within a period of six months from the date of
commencement of the Wild Life (Protection) Amendment Act, 2002 constitute a
State Board for Wild Life consisting of the following members, namely:–
(a) the Chief Minister of the State and in case of the Union
territory, either Chief Minister or
Administrator, as the case may be – Chairperson;
(b) the Minister in‑charge of
Forests and Wild Life – Vice‑Chairperson;
(c) three members of the State Legislature or in the case of a
Union territory with Legislature, two members of the Legislative Assembly of
that Union territory;
(d) three persons to represent non‑governmental
organisations dealing with wild life to be nominated
by the State Government;
(e) ten persons to be nominated by the.
State Government from amongst eminent conservationists, ecologists and
environmentalists including at least two representatives of the Scheduled
Tribes;
(f) the Secretary to the State
Government or the Government of the Union territory, as the case may be, in‑charge
of Forests and Wild Life;
(g) the Officer in‑charge of the
State Forest Department;
(h) the Secretary to the State
Government, Department of Tribal Welfare;
(i) the
Managing Director, State Tourism Development Corporation;
(j) an officer
of‑the State Police Department not below the rank of Inspector General;
(k) a representative of the Armed Forces
not below the rank of a Brigadier to be nominated by the Central Government;
(l) the Director, Department of Animal
Husbandry of the State;
(m) the Director, Department of
Fisheries of the State;
(n) an officer to be nominated by the
Director, Wild We Preservation;
(o) a
representative of the Wild Life Institute of India, Dehradun;
(p) a representative of the Botanical
Survey of India;
(q) a
representative of the Zoological Survey of India;
(r) the Chief Wild Life Warden, who
shall be the Member‑Secretary.
(2) The term of office of the members other than those who are
members ex officio and the manner of
filling vacancies referred to in clauses (d)
and (e) of sub section (1) and procedure to be followed shall
be such, as may be prescribed.
(3) The member (except members ex officio shall be entitled to receive such allowances in respect
of expenses incurred in the performance of their duties as may be
prescribed.".
Amendment of Section 8
8. In section 8 of the
principal Act,–
(i) for
the words 'qhe Wild Life Advisory Board", the
words "State Board for Wild Life" shall be substituted;
(ii) for clause (a), the following clause shall be substituted, namely:–
"(a) in the
selection and management of areas to be declared as protected areas;".
Amendment of Section 11
9. In section 11 of the principal Act, in sub‑section (1),–
(i) in
clause (a), the following provisos
and Explanation thereunder
shall be inserted, namely:–
"Provided that no wild animal shall be ordered to be
killed unless the Chief Wild Life Warden is satisfied that such animal cannot
be captured, tranquilised or translocated:
Provided further that no such captured animal shall be kept in
captivity unless the Chief Wild Life Warden is satisfied that such animal
cannot be rehabilitated in the wild and the reasons for the same are recorded
in writing.
Explanation–For the purposes of clause (a), the process or capture or
translocation, as the case may be, of such animal shall be made in such manner
as to cause minimum trauma to the said animal.";
(ii) in clause (b), for the words "such animal or cause such animal to be
hunted", the words "such animal or group of animals in a specified
area or cause such animal or group of animals in that specified area to be hunted"
shall be substituted.
Substitution of Heading of Chapter IV
10. In Chapter IV of the
principal Act, for the heading "SANCTUARIES, NATIONAL PARK AND CLOSED
AREAS", the following heading shall be substituted, namely:‑
"PROTECTED AREAS"
Insertion of new sections 18A and 18B
11. After section 18 of the principal
Act, the following sections shall be inserted, namely:–
Protection
to Sanctuaries
"18A.
(1) When the State Government
declares its intention under sub‑section of section 18 to constitute any
area, not comprised within any reserve forest or territorial waters under that
sub‑section, as a sanctuary, the‑provisions of sections 27 to 33A
(both inclusive) shall come into effect forthwith.
(2) Till such time as the rights of affected persons are finally
settled under sections 19 to 24 (both inclusive), 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.
Appointment of Collector
18B. The State Government shall appoint, an officer to act as
Collector under the Act, within ninety days of coming into force of the Wild
Life (Protection) Amendment Act, 2002, or within thirty days of the issue of notification
under section 18, to inquire into and determine the existence, nature and
extent of rights of any person in or over the land comprised within the limits
of the sanctuary which may be notified under sub section (1) of section 18.".
Amendment of Section 21
12. In section 21 of the
principal Act, after the words "the Collector shall", the words
"within a period of sixty days," shall be inserted.
Insertion of New Section 25A
13. After section 25 of the
principal Act, the following section shall be inserted, namely:‑
Time-limit
for Completion Acquisition Proceedings
"25A. (1)The
Collector shall, as far as possible,
complete the proceedings under sections
19 to 25 (both inclusive), within a period of two years from the date of
notification of declaration of sanctuary under section 18.
(2) The notification shall not lapse if, for any reasons, the
proceedings are‑ not completed within a period of two years.".
Amendment of Section 26
14. In section26A of the
principal Act for sub‑section (3),
the following sub‑section shall be substituted, namely:‑
"(3) No
alteration of the boundaries of a sanctuary shall be made by the State
Government except on a recommendation of the National Board.".
Substitution of New Section for Section 29
15. For section 29 of the principal Act, the following section shall be substituted, namely:–
Destruction etc., in a Sanctuary Prohibited
without a Permit
"29. No person shall destroy, exploit or remove any wild
life including forest produce from a sanctuary or destroy or damage or divert
the habitat of any wild animal by any act whatsoever or divert, stop or enhance
the flow of water into or outside the sanctuary, except under and in accordance
with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government
being satisfied in consultation with the Board that such removal of wild life
from the sanctuary or the change in the flow of water into or outside the
sanctuary is necessary for the improvement and better management of wild life
therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a
sanctuary the same may be used for meeting the personal bonafide
needs of the people living in and around the sanctuary and shall not be used
for any commercial purpose.
Explanation‑ For the purposes of this section, grazing or movement
of livestock permitted under clause (d) of
section 33 shall not be deemed to be an act prohibited under this
section.".
Amendment of Section 33
16. In section 33 of the
principal Act after clause (a), the
following proviso shall be inserted, namely:–
"Provided that no construction of commercial tourist
lodges, hotels, zoos and safari parks shall be undertaken inside a sanctuary
except with the prior approval of the National Board;".
Insertion of New Section 33B
17. After section 33A of the
principal Act, the following section shall be inserted, namely:–
"33B. (1) The
State Government shall constitute an Advisory Committee consisting of the Chief
Wild Life Warden or his nominee not below the rank of Conservator of Forests as
its head and shall include a member of the State Legislature within whose
constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two
representatives of non‑governmental organisations
and three individuals active in the field of wild life conservation, one
representative each from departments dealing with Home and Veterinary matters.
Honorary Wild Life Warden, if any, and the officer‑in‑charge
of the sanctuary as Member‑Secretary.
(2) The Committee shall render advice on measures to be taken for
better conservation and management of the sanctuary including participation of
the people living within and around the sanctuary.
(3) The Committee shall regulate its own procedure including
quorum.".
Insertion of New Section 34A
18. After section 34 of the
principal Act, the following section shall be inserted,
namely‑:–
Power to
remove Encroachment
"34A., (1)
Notwithstanding anything contained in any other law for the time being in
force, any officer not below the rank of an Assistant Conservator of Forests
may,–
(a) evict any person from a sanctuary or
National Park, who unauthorisedly occupies Government
land in contravention of the provisions of this Act;
(b) remove any unauthorised
structures, buildings, or constructions erected on any Government land within
any sanctuary or National Park and all the things, tools and effects belonging
to such person shall be confiscated, by an order of an officer not below the
rank of the Deputy Conservator of Forests:
Provided that no such order shall be passed
unless the affected person is given an opportunity of being heard.
(2) The provisions of this section shall apply notwithstanding
any other penalty which may be inflicted for violation of any other provision
of this Act.".
Amendment of section 35
19. In section 35 of the
principal Act,–
(i) for sub‑sections (5) and
(6), the following sub‑sections
shall be substituted, namely:–
"(5) No alteration
of the boundaries of a National Park by the State Government‑shall be made except on a recommendation of the National Board.
(6) No person shall destroy, exploit or remove any Wild Life
including forest produce from a National Park or destroy or damage or divert
the habitat of any wild animal by any act whatsoever or divert, stop or enhance
the flow of water into or outside the National Park, except under and in
accordance with a permit granted by the Chief Wild Life Warden, and no such
permit shall be granted unless the State Government being satisfied in
consultation with the National Board that such removal of wild life from the
National Park or the change in the flow of water into or outside the National
Park is necessary for the improvement and better management of wild life
therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a
National Park, the same may be used for meeting the personal bona fide needs of the people living in
and around the National Park and shall not be used for any commercial
purpose.";
(ii) after sub‑section (8), the following Explanation shall be inserted, namely:–
"Explanation.‑For the purposes of this section, in case of an area, whether
within a sanctuary or not, where the rights have been extinguished and the land
has become vested in the State Government under any Act or otherwise, such area
may be notified by it, by a notification, as a National Park and the
proceedings under sections 19 to 26 (both inclusive) and the provisions of sub‑sections
(3) and (4) of this section shall not apply.".
Insertion of New Sections 36A to 36D
20. After section 36 of the
principal Act, the following sections shall be inserted, namely:‑
Declaration and Management of a Conservation Reserve
"36A. (1) The
State Government may, after having consultations with the local communities,
declare any area owned by the Government, particularly the areas adjacent to
National Parks and sanctuaries and those areas which link one protected area
with another, as a conservation reserve for protecting landscapes, seascapes,
flora and fauna and their habitat:
Provided that where the conservation reserve includes any land
owned by the Central Government, its prior concurrence shall be obtained before
making such declaration.
(2) The provisions of sub‑section (2) of section 18, sub‑sections (2), (3) and (4) of section 27, sections 30, 32 and
clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a
conservation reserve as they apply in relation to a sanctuary
Conservation Reserve Management Committee
36B. (1) The State
Government shall constitute a conservation reserve management committee to
advise the Chief Wild Life Warden to conserve, manage and maintain the
conservation reserve.
(2) The committee shall consist of a representative of the forest
or Wild Life Department, who shall be the Member‑Secretary of the
Committee, one representative of each Village Panchayat
in whose jurisdiction the reserve is located, three representatives of non‑governmental
organisations working in the field of wild life
conservation and one representative each from the Department of Agriculture and
Animal Husbandry.
(3)
The Committee shall regulate its own procedure including the quorum.
Declaration and Management of Community Reserve
36C. (1) The State
Government may, where the community or an individual has volunteered to
conserve wild life and its habitat, declare any private or community land not
comprised within a National Park, sanctuary or a conservation reserve, as a
community reserve, for protecting fauna, flora and traditional or cultural
conservation values and practices.
(2) The provisions of sub‑section (2) of section 18, sub‑sections (2), (3) and (4) of section 27, sections 30, 32 and
clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a
community reserve as they apply in relation to a sanctuary.
(3)
After the issue of notification under sub‑section (1), no change in the land use pattern shall be made within the
community reserve, except in accordance with a resolution passed by the
management, committee and approval of the same by the State Government.
Community Reserve Management Committee
36D. (1) The State Government shall
constitute a Community Reserve management committee, which shall be the
authority responsible for conserving, maintaining and managing the community
reserve.
(2) The committee shall consist of five representatives nominated
by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the
(3) The committee shall be the competent authority to prepare and
implement the management plan for the community reserve and to take steps to
ensure the protection of wild life and its habitat in the reserve.
(4) The committee shall elect a Chairman
who shall also be the Honorary Wild Life Warden on the community reserve,
(5) The committee shall regulate its own procedure including the
quorum.".
Omission of Section 37
21. Section 37 of the principal
Act shall be omitted.
Amendment of Section 38B
22. In section 38B of the
principal Act, In sub‑section (l) after the words "every
member",
the words "other than the Member‑Secretary" shall be inserted.
Amendment
of Section 38H.
23. In section 38H of the
principal Act, after sub‑section (1),
the following sub‑section shall be inserted, namely:–
"(1A) On and
after the commencement of the Wild Life (Protection) Amendment Act, 2002 a zoo
shall not be established without obtaining the prior approval of the
Authority.".
Substitution
of New Section for Section 38-1.
24. For section 38‑1 of the
principal Act, the following section shall be substituted, namely:–
Acquisition of Animals by a Zoo
"38‑1. (1) Subject to the
other provisions of this Act, no zoo shall acquire, sell or transfer any wild
animal or captive animal specified in Schedules I and 11
except with the previous
permission of the Authority.
(2) No zoo shall acquire, sell or transfer any wild or captive
animal except from or to a recognised zoo.".
Amendment of Section 40
25. In section 40 of principal
Act,–
(i) in
sub‑section (1), for the words
"or any uncured trophy", the words "or animal article, trophy or
uncured trophy" shall be substituted;
(ii) after sub‑section (2), the following sub‑sections
shall be inserted, namely:–
"(2A) No person
other than a person having a' certificate of ownership, shall, after the commencement
of the Wild Life (Protection) Amendment Act, 2002 acquire, receive, keep in his
control, custody or possession any captive animal, animal article, trophy or
uncured trophy specified in Schedule I or Part II of Schedule II, except by way
of inheritance.
(2B) Every person inheriting any captive animal, animal article,
trophy or uncured trophy under sub‑section (2A) shall, within ninety days of such inheritance make a
declaration to the Chief Wild Life Warden or the authorised
officer and the provisions of sections 41 and 42 shall apply as if the
declaration had been made under sub‑section (1) of section 40:
Provided that nothing in sub‑sections (2A) and (2B) shall apply to the live elephant.".
(iii) in sub‑section (4), for the words "any animal article",
the words "any animal or animal article" shall be substituted.
Insertion of New Section 40A
26. After section 40 of the
principal Act, the following section shall be inserted, namely:–
Immunity in Certain Cases
"40A.
(1) Notwithstanding anything contained in sub‑sections (2) and (4) of section 40 of this Act, the Central Government may, by
notification, require any person to declare to the Chief Wild Life Warden or
the authorised officer, any captive animal, animal
article, trophy or uncured trophy derived from animal, specified in Schedule I
or Part 11 of Schedule 11 in his control, custody or possession, in respect of
which no declaration had been made under sub‑section (1) or sub‑section (4)
of section 40, in such form, in such manner and within such time as may be
prescribed.
(2) Any action taken or purported to be taken for violation of
section 40 of this Act at any time before the commencement of the Wild Life
(Protection) Amendment Act, 2002 shall not be proceeded with and all pending
proceedings shall stand abated.
(3) Any captive animal, animal article, trophy or uncured trophy
declared under sub‑section (1),
shall be dealt with in such manner and subject to such conditions as may be
prescribed.".
Amendment of Section 42
27. In section 42 of the
principal Act, the following proviso shall be added, namely:‑
"Provided that before issuing
the certificate of ownership in respect of any captive animal, the Chief Wild
Life Warden shall ensure that the applicant has adequate facilities for housing,
maintenance and upkeep of the animal.".
Substitution of New Section for Section 43
28. For section 43 of the
principal Act, the following section shall be substituted, namely‑.‑
Regulation of Transfer of Animal, etc.
"43. (1) No person having in his possession captive animal, animal
article, trophy or uncured trophy in respect of which he has a certificate of
ownership shall transfer by way of sale or offer for sale or by any other mode
of consideration of commercial nature, such animal or article or trophy or
uncured trophy.
(2) Where a person transfers or transports from the State in
which he resides to another State or acquires by transfer from outside the
State, any such animal, animal article, trophy or uncured trophy in respect of
which he has a certificate of ownership, he shall, within thirty days of the
transfer or transport, report the transfer or transport to the Chief Wild Life
Warden or the authorised officer within whose
jurisdiction the transfer or transport is effected.
(3) Nothing in this section shall apply–
(a) to tail feather of peacock and the
animal article or trophies made therefrom;
(b) to transfer of captive
animals between recognised zoos subject to the
provisions of section 38-1, and transfer amongst zoos and public museums.".
Amendment of Section 50
29. In
section 50 of the principal Act.
(i) in
sub‑section (3A), for the words
"Wild Life Warden," the words "an of section 50. Assistant
Conservator of Forests" shall be substituted;
(ii) in sub‑section (4)
the words "under intimation to the Chief Wild Life Warden or the‑officer
authorised by him in this regard" shall be
inserted at the end;
(iii) for sub‑section (6), the following sub‑section
shall be substituted, namely:–
"(6) Where any
meat, uncured trophy, specified plant or part or derivative thereof is seized
under the provisions of this section, the Assistant Director of Wild Life
Preservation or any other officer of a gazetted rank authorised by him in this behalf or the Chief Wild Life
Warden or the authorised officer may arrange for the
disposal of the same in such manner as may be prescribed.";
(iv) in sub‑section (8), for the words "Wild Life
Warden", the words "an officer not below the rank of Assistant
Conservator of Forests authorised by the State Government
in this behalf‑ shall be substituted.
Amendment of Section 51
30. In section 51 of the
principal Act,–
(i) in
sub‑section (1), for the first
and second provisos, the following provisos shall be substituted, namely:–
"Provided that where the offence committed is in relation
to any animal specified in Schedule I or Part II of Schedule II or meat of any
such animal or animal article, trophy or uncured trophy diri4ed from such
animal or where the offence relates to hunting in a sanctuary or a National
Park or altering the boundaries of a sanctuary or a National Park, such offence
shall be punishable with imprisonment for a term which shall not be less than
three years but may extend to seven years and also with fine which shall not be
less than ten thousand rupees:
Provided further that in the case of a second or subsequent
offence of the nature mentioned in this sub‑section, the term of the
imprisonment shall not be less than three years but may extend to seven years
and also with fine which shall not be less than twenty‑five thousand
rupees.";
(ii) in sub‑section (1A), for the words "one year
", the words "three
years" and for the words "five thousand rupees", the words
"ten thousand rupees" shall be substituted.
Insertion of New Section 51A
31. After section 51 of the
principal Act, the following section shall be inserted, new section namely:–
Certain Condition to Apply while Granting Bail
2 of 1974
"51A.
When any person accused of, the commission of any offence relating to Schedule
I or Part II of Schedule If or offences relating to hunting inside the
boundaries of National Park or wild life sanctuary or altering the boundaries
of such parks and sanctuaries, is arrested under the provisions of the Act,
then notwithstanding anything contained in the Code of Criminal Procedure, 1973
no such person who had been previously convicted of an offence under this Act
shall, be released on bail unless–
(a) the Public Prosecutor has been given
an opportunity of opposing the release on bail, and
(b) where the Public Prosecutor opposes the application, the
Court is satisfied that there are reasonable grounds for believing that he is
not guilty of such offence and that he is not likely to commit any offence
while on bail.".
Substitution of New Section for Section 54
32. For section 54 of the
principal Act, the following section shall be substituted, namely:–
Power of Compound Offences
"54,
(1) The Central Government may, by
notification, empower the Director of Wild Life Preservation or any other officer
not below the rank of Assistant Director of Wild Life Preservation and in the
case of a State Government in the similar manner, empower the Chief Wild Life
Warden or any officer of a rank not below the rank of a Deputy Conservator of
Forests, to accept from any person against whom a reasonable suspicion exists
that he has committed an offence against this Act, payment of a sum of money by
way of composition of the offence which such person is suspected to have
committed.
(2) On payment of such sum of money to such officer, the
suspected person, if in custody, shall be discharged and no further proceedings
in respect of the offence shall be taken against such person.
(3) The officer compounding any offence may order the
cancellation of any licence or permit granted under
this Act to the offender, or if not empowered to do so, may approach an officer
so empowered, for the cancellation of such licence or
permit.
(4) The sum of money accepted or agreed to be accepted as
composition under sub‑section (1) shall, in no case, exceed the sum of
twenty‑five thousand rupees:
Provided that no offence, for which a minimum period of
imprisonment has been prescribed in section 51, shall be compounded." .
Amendment of Section 55
33. In section 55 of the
principal Act,–
(i) after
clause (a), the following clause
shall be inserted, namely:–
"(aa) the Member‑Secretary,
Central Zoo Authority in matters relating to violation of the provisions of
Chapter IVA; or";
(ii) in clause (b), after the words "State Government", the words
"subject to such conditions as may be specified by that Government"
shall be inserted;
(iii) after clause (b), the following clause shall be inserted, namely:‑
"(bb)
the officer‑ in‑charge of the zoo in
respect of violation of provisions of section 38J; or".
Insertion of New Chapter VI A
34. After Chapter VI of the
principal Act, the following Chapter shall be inserted, namely:–
CHAPTER VI A
FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL
HUNTING AND TRADE
Application
58A. The provisions of this Chapter
shall apply only to the following persons, namely:–
(a) every person who has been convicted of an offence punishable under this Act with
imprisonment for a term of three years or more;
(b) every associate of a person referred
to in clause (a);
(c) any holder (hereafter in this clause referred to as the
present holder) of any property which was at any time previously held by a
person referred to in clause (a) or
clause (b) unless the present holder
or, as the case may be, any one who held such property after such person and
before the present holder, is or was a transferee in good faith for adequate
consideration.
Definition
58B. In this Chapter, unless the context otherwise requires,–
(a) "Appellate Tribunal" means the Appellate Tribunal
for Forfeited Property constituted under section 58N;
(b) "associate" in relation to
a person whose property is liable to be forfeited under this Chapter, includes–
(i) any
individual who had been or is managing the affairs or keeping the accounts of such
person;
1 of 1956
(ii)
any association of persons, body of individuals, partnership firm or private
company within the meaning of the Companies Act 1956 of which such person had
been or is a member, partner or director;
(iii) any individual who had been or is a member, partner or
director of an association of persons, body of individuals, partnership firm or
private company referred to in sub‑clause (ii) at any time when such person had been or is a member, partner
or director of such association, body, partnership firm or private company;
(iv) any person, who had been or is managing the affairs, or
keeping the accounts of any association of persons, body of individuals,
partnership firm or private company referred to in sub‑clause (iii);
(v) the trustee of any trust, where–
(1) the trust
has been created by such person; or
(2) the value of the assets contributed by such person (including
the value of the assets, if any, contributed by him earlier) to the trust
amounts on the date on which contribution is made, to not less than twenty per
cent of the value of the assets of the trust on that date;
(vi) where the competent authority, for
reasons to be recorded in writing, considers that any properties of such person
are held on his behalf by any other person, such other person;
(c) "competent authority"
means an officer authorised under section 58D;
(d) "concealment" means the
concealment or disguise of the nature, source disposition, movement or
ownership of property and includes the movement or conversion of such property
by electronic transmission or by any other means;
(e) "freezing" means
temporarily prohibiting the transfer, conversion, disposition or movement of
property by an, order issued under section 58F;
(f) "identifying' includes establishment of proof that the
property was derived from, or used in, the illegal hunting and trade of wild
life and its products;
(g) "illegally acquired
property" in relation to any person to whom this Chapter applies, means–
(i) any property acquired by such
person, wholly or partly out of or by means of any income earnings or assets
derived or obtained from or attributable to illegal hunting and trade of wild
life and its products and derivatives;
(ii) any property acquired by such person, for a consideration or
by any means, wholly or partly traceable to any property referred to in
sub-clause (i)
or the income or earning from such property,
and
includes–
(A) any property held by such person which would have been, in
relation to any previous holder thereof, illegally acquired property under this
clause if such previous holder had not ceased to hold it, unless such person or
any other person who held the property at any time after such previous holder
or, where there are two or more such previous holders, the last of such
previous holders is or was a transferee in good faith for adequate
consideration;
(B) any property acquired by such
person, for a consideration, or by any means, wholly or partly traceable to any
property failing under item (A), or
the income or earnings therefrom;
(h) "property' means property and assets of every
description, whether corporeal or incorporeal, movable or immovable, tangible
or intangible and deeds and instruments evidencing title to, or interest in,
such property or assets, derived from the illegal hunting and trade of wild
life and its products;
(i) "relative"
means–
(1) spouse of the person;
(2) brother or sister of the person;
(3) brother or sister of the spouse of
the person;
(4) any lineal ascendant or descendant
of the person,
(5) any lineal ascendant or descendant
of the spouse of the person;
(6) spouse of a person referred to in
sub–clause (2), sub‑clause (3), sub‑clause (4) or sub‑clause (5);
(7) any lineal descendant of a person
referred to in sub‑clause (2) or
sub‑clause (3);
(j) "tracing" means
determining the nature, source, disposition, movement, title or ownership of
property;
(k) "trust" includes any
other legal obligation.
Prohibition of Holding Illegally Acquired
Property
58C. (1) From the date of commencement of this Chapter, it shall not be
lawful for any person to whom this Chapter applies to hold any illegally
acquired property either by himself or through any other person on his behalf.
(2) Where any person holds such property in contravention of the
provisions of sub‑section (1),
such property shall be liable to be forfeited to the State Government concerned
in accordance with the provisions of this Chapter:
Provided that no property shall be forfeited under this
Chapter if such property was acquired by a person to whom this Act applies
before a period of six years from the date on which he was charged for‑an
offence relating to illegal hunting and trade of wild life and its products.
Competent Authority
58D. The State Government may, by order published in the
Official Gazette, authorise any officer not below the
rank of Chief Conservator of Forests to perform the functions of the competent
authority under this Chapter in respect of such persons or classes of persons
as the State Government may, direct.
Identifying Illegally Acquired Property
58E. (1) An officer
not below the rank of Deputy Inspector General of Police duly authorised by the Central Government or as the case may be,
the State Government, shall, on receipt of a complaint from the competent
authority about any person having illegally
acquired property, proceed to take all steps necessary for tracing and
identifying any property illegally acquired by such person.
(2) The steps referred to in sub‑section (1) may include any inquiry,
investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or financial
institution or any other relevant step as may be necessary.
(3) Any inquiry, investigation or survey referred to in sub‑section
(2) shall be carried out by an
officer mentioned in sub‑section (1)
in accordance with which directions or guidelines as the competent authority
may make or issue in this behalf.
Seizure or Freezing of Illegally Acquired Property
58F. (1) Where any
officer conducting an inquiry or investigation under section 58E has mason to
believe that any property in relation to which such inquiry or investigation is
being conducted is an illegally acquired property and such property is likely
to be concealed, transferred or dealt with in any manner which may result in
frustrating any proceeding relating to forfeiture of such property under this
Chapter, he may make an order for seizing such property arid where it is not
practicable to seize such property, he may make an order that such property
shall not be transferred or otherwise dealt with, except with the prior
permission of the officer making such order, or of the competent authority arid
a copy of such order shall be served on the person concerned:
Provided that a copy of such an order shall be sent to the
competent authority within forty‑eight hours of its being made.
(2) Any order made under sub‑section (1) shall have no effect unless the said order is confirmed by an
order of the competent authority within a period of thirty days of its being
made.
Explanation.‑
For the purposes of this section, "transfer
of property" means any disposition, conveyance, assignment, settlement,
delivery, payment or other alienation of property and, without limiting the
generality of the foregoing, includes–
(a) the creation of a trust in property;
(b) the grant or creation of any lease,
mortgage, charge, easement, licence, power,
partnership or interest in property;
(c) the exercise of a power of appointment, of property vested in
any person not the owner of the property, to determine its disposition in favour of any person other than the donee
of the power; and
(d) any
transaction entered into by any person with intent thereby to diminish directly
or indirectly the value of his own property and to increase the value of the
property of any other person.
Management of Properties Seized or Forfeited
under this Chapter
58G. (1) The State
Government may, by order published in the Official Gazette, appoint as many of
its officers (not below the rank of Conservator of Forests) as it thinks fit,
to perform the functions of an Administrator.
(2) The Administrator appointed under sub‑section (1) shall receive and manage the
property in relation to which an order has been made under sub‑section (1) of section 58F or under section 58‑1
in such manner and subject to such conditions as may be prescribed.
(3)
The Administrator shall also take such measures as the State Government may
direct, to dispose of the property which is forfeited to the State Government.
Notice of Forfeiture of Property
58H. (1) If having
regard to the value of the properties held by any person to whom this Chapter
applies, either by himself or through any, other person on his behalf, his known
sources of income, earnings or assets, and any other information or material
available to it as a result of a report from any officer making an
investigation under section 58E
or otherwise, the competent authority for reasons to be recorded in writing believes
that all or any of such properties are illegally acquired properties, it may
serve a notice upon such person (hereinafter referred to as the person
affected) calling upon him within a period of thirty days specified in the notice to show cause why all or any of
such properties, as the case may be, should not be declared to be illegally
acquired properties and forfeited to the State Government under this, Chapter
and in support of his case indicate the sources of his income, earnings or
assets, out of which or by means of which he has acquired such property, the
evidence on which he relies and other relevant information and particulars.
(2) Where a notice under sub‑section (1) to any person specifies any property as being held on behalf of
such person by any other person, a copy of the notice shall also be served upon
such other person.
Forfeiture of Property in Certain Cases
58‑I (1) The
competent authority may, after considering the explanation, if any, to the show
cause notice Issued under section 58H, and the materials available before it
and after giving to the person affected and in a case where the person affected
holds any property specified in the notice through any other person, to such
other person, also a reasonable opportunity of being heard, by order, record a
finding whether al I or any of the properties in question are illegally
acquired properties:
Provided that if the person affected (and in a case where the
person affected holds any property specified in the notice through any other
person, such other person also), does not appear before the competent authority
or represent his case before it within a period of thirty days specified in the
show cause notice, the competent authority may proceed to record a finding
under this sub‑section ex parte on the basis of evidence available before it.
(2) Where the competent authority is satisfied that some of the
properties referred to in the show cause notice are illegally acquired
properties but is not able to identify specifically such properties, then, it
shall be lawful for the competent authority to specify the properties which, to
the best of its judgment, are illegally acquired properties and record a
finding accordingly under sub‑section (1)
within a period of ninety days.
(3) Where the competent authority records a finding under this
section to the effect that any property is illegally acquired property, it
shall declare that such property shall, subject to the provisions of this
Chapter stand forfeited to the State Government free from all encumbrances.
(4) In case the person affected establishes that the property
specified in the notice issued under section 58H is not an illegally acquired
property and therefore not liable to be forfeited under the Act, the said
notice shall be withdrawn and the property shall be released forthwith.
(5) Where any shares in a company stand forfeited to the State
Government under this, Chapter, the company shall, notwithstanding anything
contained in the Companies Act, 1956 or the article of association of the
company, forthwith register the State Government as the transferee of such
shares.
Burden of Proof
58J. In any proceedings under this
Chapter, the burden of proving that any property specified in the notice served
under section 59H is not illegally acquired property shall be on the person
affected.
File in Lieu of Forfeiture
58K. (1) Where the competent authority makes, a declaration that any
property stands forfeited to the State Government under section 58‑1 and
it is a case where the source of only a part of the illegally acquired property
has not been proved to the satisfaction of the competent authority, it shall
make an order giving option to the person affected to pay, in lieu of
forfeiture, a fine equal to the market value of such part.
(2) Before making an order imposing a fine under sub‑section
(1), the person affected shall be
given a reasonable opportunity of being heard.
(3) Where the person affected pays the fine due under sub‑section
(1), within such time as may be
allowed in that behalf, the competent authority may, by order revoke the
declaration of forfeiture under section 58‑1 and thereupon such property
shall stand released.
Procedure in relation to certain Trust Properties
58L. In the case of any person referred to in sub‑clause
(vi) of clause (b) of section 58B, if the competent authority, on the basis of the
information and materials available to it, for reasons to be recorded in
writing believes that any property held in trust is illegally acquired
property, it may serve a notice upon the author of the trust, or as the case
may be, the contributor of the assets out of or by means of which such property
was acquired by the trust and the trustees, calling upon them within a period
of thirty days specified in the notice, to explain the source of money or other
asset out of or by means of which such property was acquired or, as the case
may be, the source of money or other assets which were contributed to the trust
for acquiring such property and thereupon such notice shall be deemed to be a
notice served under section 58H and all the other provisions of this Chapter
shall apply accordingly.
Explanation.–For the purposes of this section "illegally acquired
property" in relation to any property held in trust, includes–
(i) any property which if it had
continued to be held by the author of the trust or the contributor of such
property to the trust would have been illegally acquired property in relation
to such author or contributor;
(ii) any property acquired by the trust
out of any contributions made by any person which would have been illegally
acquired property in relation to such person had such person acquired‑such
property out of su6 contributions.
Certain Transfers to be Null and Void
58M. Where after the making of an
order under sub‑section (1) of
section 58F or the issue of a notice under section 58k or under section 58L,
any property referred to in the said order or notice is transferred by any mode
whatsoever, such transfer shall, for the purposes of the proceedings under this
Chapter, be ignored and if such property is subsequently forfeited to the State
Government under section 584, then, the transfer of such property shall be
deemed to be null and void.
Constitution of Appellate Tribunal
58N. (1) The State Government may, by notification in the Official
Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal
for Forfeited Property consisting of a Chairman, and such number of other
members (being officers of the State Government not below the rank of a
Principal Secretary to the Government), as the State Government thinks fit, to
be appointed by that Government for hearing appeals against the orders made
under section 58F, section 58‑I, sub‑section (i) of section 58K or section 58L.
(2) The Chairman of the Appellate Tribunal shall be a person who
is or has been or is qualified to be a Judge of a High Court.
(3) The terms and conditions of service of the Chairman and other
members shall be such as may be prescribed.
Appeals
58‑O.
(1) Any person aggrieved by an order
of the competent authority made under section 58F, section 58‑1, sub‑section
(1) of section 58K or section 58L
may, within forty‑five days from the date on which the order is served on
him prefer an appeal to the Appellate Tribunal:
Provided that the Appellate Tribunal
may entertain an appeal after the said period of forty‑five days, but not
after sixty days, from the date aforesaid if it is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub‑section (1), the Appellate Tribunal may, after
giving an opportunity of being heard to the appellant, if he so desires, and
after making such further inquiry as it deems fit, confirm, modify or set aside
the order appealed against.
(3) The Appellate Tribunal may regulate its own procedure.
(4)
On application to the Appellate Tribunal and on payment of the prescribed fee,
the Appellate Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any
time during office hours, any relevant records and registers of the Appellate
Tribunal and obtain a certified copy or any part thereof.
Notice or Order not to be invalid for Error in Description
58P. No
notice issued or served, no declaration made, and no order passed under this
Chapter shall be deemed to be invalid by reason of any error in the description
of the property or person mentioned therein if such property or person is
identifiable from the description so mentioned.
Bar of Jurisdiction
58Q. No
order passed or declaration made under this Chapter shall be appealable except as provided therein and no civil court
shall have jurisdiction in respect of any matter which the Appellate Tribunal
or any competent authority is empowered by or under this Chapter to determine,
and no injunction shall be granted by any court or other authority in respect
of any action taken or to be taken in pursuance of any power conferred by or
under this Chapter.
Competent Authority and Appellate Tribunal to
have Powers of Civil Court
58R. The
competent authority and the Appellate Tribunal shall have all the powers of a
civil court while trying a suit under the Code of Civil Procedure, 1908 in
respect of the following matters, namely:–
(a) summoning and enforcing the
attendance of any person and examining him on oath;
(b) requiring the discovery and
production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for examination
of witnesses or documents;
(f) any other
matter which may be prescribed
Information to Competent Authority
58S. (1)
Notwithstanding anything contained in any other law for the time being in
force, the competent authority shall have power to require any officer or
authority of the Central Government or a State Government or a local authority
to furnish information in relation to such persons, on points or matters as in
the opinion of the competent authority will be useful for, or relevant to, the
purposes of this Chapter.
(2) Every officer referred to in section 58T may furnish suo motu any
information available with him to the competent authority if in the opinion of
the officer such information will be useful to the competent authority for the
purposes of this Chapter.
Certain Officers to Assist Administrator,
Competent Authority and Appellate Tribunal
58T. For
the purposes of any proceedings under this Chapter, the following officers
shall render such assistance as may be necessary to the Administrator appointed
under section 58G, competent authority and the Appellate Tribunal, namely:–
(a) officers of Police;
(b) officers of the State Forest Departments;
(c) officers of the Central Economic Intelligence Bureau;
(d) officers of the Directorate of
Revenue Intelligence;
(e) such other officers as specified by
the State Government in this behalf by notification in the Official Gazette.
Power to Take Possession
58U. (1) Where any
property has been declared to be forfeited to the State Power to take
Government under this Chapter, or where the person affected has failed to pay
the fine due under sub‑section (1)
of section 58K within the time allowed therefor under
subsection (3) of that section, the competent
authority may order the person affected as well as any other person who may be
in possession of the property to surrender or deliver possession thereof to the
Administrator appointed under section 58G or to any person duly authorised by him in this behalf within thirty days of the
service of the order.
(2) If any person refuses or fails to comply with an order made
under sub‑section (1), the
Administrator may take possession of the property and may for that purpose use
such force as may be necessary.
(3) Notwithstanding anything contained in sub‑section (2), the Administrator may, for the
purpose of taking possession of any property referred to in sub‑section (1) requisition the services of any
police officer to assist him and it shall be the duty of such officer to comply
with such requisition.
Rectification of Mistakes
58V. With a view to rectifying any mistake apparent from
record, the competent authority or the Appellate Tribunal, as the case maybe,
may amend any order made by it within a period of one year from the date of the
order:
Provided that if any such amendment is likely to affect any
person prejudicially and the mistake is not of a clerical nature, it shall not
be made without giving to such person a reasonable opportunity of being heard.
Findings under other Laws not Conclusive for Proceedings
under this Chapter
58W. No finding of any officer or,
authority under any other law shall be conclusive for the purposes of any
proceedings under this Chapter.
Service of Notices and Orders
58X. Any notice or order issued or
made under this Chapter shall be served,–
(a) by tendering the notice or order or
sending it by registered post to the person for whom it is intended or to his
agent;
(b) if the notice or order cannot be served in the manner
provided in clause (a), then, by
affixing it on a conspicuous place in the property in relation to which the
notice or order is issued or made or on some conspicuous part of the premises
in which the person for whom it is intended is known to have last resided or
carried on business or personally worked for gain.
Punishment for Acquiring Property in relation to
which Proceedings have been taken under this Chapter
58Y. Any
person who knowingly acquires, by any mode whatsoever, any property in relation
to which proceedings are pending under this Chapter shall be punishable with
imprisonment for a term Which may extend to five years and with fine which may
extend to fifty thousand rupees.'.
Amendment of Section 60A
35. In section 60A of the principal Act,–
(i) in
sub‑section (1), for the words
"twenty per cent of such fine", the words "fifty per cent. of such fine" shall be substituted;
(ii) in sub‑section (2), for the words "twenty per cent
of such money", the words "fifty per cent of such money" shall
be substituted.
Insertion of New Section 60B
36. After section 60A of the
principal Act, the following section shall be inserted, namely:–
Reward by State Government
"
Amendment of Section 63
37. In section 63 of the
principal Act, in sub‑section (1),
the following clause shall be inserted, namely:–
"(ai) the term of office of members other than those who
are members ex officio; the manner of
filling vacancies, the procedure to be followed by the National Board under sub‑section
(2) and allowances of those members
under sub‑section, (3) of
section 5A;".
Amendment of Section 64
38. In section 64 of the
principal Act, in sub‑section (2),–
(i) for
clauses (a) and (b), the following clauses shall be substituted, namely:–
"(a) the term
of office of members other than those who are members, ex officio, the manner of filling vacancies and the procedure to be
followed by the Board under sub‑section (2) of section 6;
(b)
allowances referred to in sub‑section (3) of section 6;";
(ii) after clause (d), the following clause shall be
inserted, namely:–
"(dd) the conditions subject to which the officers will
be authorised to file cases in the court;";
"(iii) after clause (g),
the following clauses shall be inserted, namely:–
"(ga) the manner and conditions subject to which the
Administrator shall receive and manage the property under sub‑section (2) of section 58G;
(gb) the terms and conditions of service of the Chairman and other
members under sub-section (3) of
section 58N;
(gc) the fund from which and the manner in which payment of reward
under section 60B shall be made;".
K.N. CHATURVEDI,
Additional Secy. to the Govt. of