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The Wild Life Protection ( Amendment ) Bill, 2010 - Naresh Kadyan

The Wild Life Protection ( Amendment ) Bill, 2010 - Naresh Kadyan

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Published by Naresh Kadyan
In continuation of its efforts to strengthen Wildlife Protection in India, the MoEF has prepared a Draft Wildlife (Protection) Amendment Act 2010. This Act, which is the product of extensive consultations with a wide spectrum of stakeholders, is intended to greatly strengthen the existing provisions for penalties, traps, criminal procedure etc.
In continuation of its efforts to strengthen Wildlife Protection in India, the MoEF has prepared a Draft Wildlife (Protection) Amendment Act 2010. This Act, which is the product of extensive consultations with a wide spectrum of stakeholders, is intended to greatly strengthen the existing provisions for penalties, traps, criminal procedure etc.

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Published by: Naresh Kadyan on Jun 23, 2010
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06/22/2010

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 Page | 1
T
HE
W
ILD
L
IFE
(P
ROTECTION
)
 
A
MENDMENT
B
ILL
,
 
2010Preamble
 A Billto further amend the Wild Life (Protection) Act, 1972
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:--
1. Short title, extent and commencement
(1) This Act may be called the Wildlife (Protection) Amendment Act, 2010(2) It shall come into force on such date as the Central Government may, by notificationin the Official Gazette appoint.
2.
 
Amendment of Section 2 of the Act
 In the Wildlife Protection Act, 1972 (hereinafter referred to as the principal Act) inSection 2 the following amendments shall be made:(1) In sub-section (15) the following shall be added after the words “wild animal”:
or specified plant 
(2) In clause (
b
) of sub-section (16), the word “
electrocuting
” shall be inserted after theword “trapping”.(3) The following shall be inserted as sub-section (17A):
“Leg-hold Trap” means a device designed to restrain or capture an animal bymeans of jaws which close tightly upon one or more of the animal's limbs, thereby preventing withdrawal of the limb or limbs from the trap.
(4) In sub-section (24) the words
a body corporate, any department of the Central or theState Government or any authority or any other association of persons whether incorporated or not 
.” shall be inserted after the words “a firm”.(5) In sub-section (36) the words “and found wild in nature” shall be replaced by thewords “
or found wild in nature
(6) The following shall be inserted as sub-section (37A):
“wildlife research” means any activity carried out only for the purpose of scientific research on any wild animal or plant listed in any Schedule or discovered inthe wild throughout India except the State of Jammu & Kashmir, in National Parks,Wildlife Sanctuaries, Tiger Reserves, Elephant Reserves, Conservation Reserves,Community Reserves, Reserved Forests, and other forests, wetlands, and coastal or marine ecosystems notified either by State Governments or the Central Government.
3. Insertion of new Section 9A
(1) After Section 9 of the principal Act, the following section shall be inserted:
 
 Page | 2
 9A. Prohibition on Leg-hold Traps.-
(1) No person shall manufacture, sell or useany Leg-hold Trap.
 
(2) No person shall possess any Leg-hold Trap except with prior permission inwriting of the Chief Wild Life Warden.(3) Every person having at the commencement of this Act, the possession of any Leg-hold Trap, shall within sixty days from the commencement of this Act, declare to theChief Wild Life Warden, the number and description of Leg-hold Traps in his possession and the place or places where such Leg-hold Traps are kept.(4) The Chief Wild Life Warden may, if he is satisfied that a person will use a Leg-hold Trap in his possession only for educational or scientific purposes, issue such person with written permission to possess such trap subject to such conditions that hemay see fit to impose.(5) All Leg-hold traps, which have been declared under sub-section (3) of this Sectionand in respect of which permission to keep possession has not been granted in writingby the Chief Wild Life Warden under sub section (4) of this Section, shall be propertyof the State Government.(6) In the prosecution for any offence under this section, it shall be presumed until thecontrary is proved, the burden of proving which shall lie upon the accused, that a person in possession of a Leg-hold Trap is in unlawful possession of such Leg-hold Trap.
4. Amendment of Section 12 of the Act
(1) In clause (b) of Section 12 of the principal Act, the words
scientific
” shall bereplaced with the word “
wildlife
” and the words “
as prescribed under Section 12A of the Act 
” shall be inserted after the word “research”
5. Insertion of new Section 12A
(1) After Section 12 of the principal Act, the following section shall be inserted:
12A. Grant of Permit for wildlife research.-
(1) Notwithstanding anything contained elsewhere in this Act, the Chief Wildlife Warden, shall:(a) On application, grant a permit, by an order in writing to any person, to conduct wildlife research on any animal specified in Schedules I to IV or any specified plant inany part of a National Park, wildlife sanctuary, tiger reserve, elephant reserve,Conservation Reserve or Community Reserve including Reserved Forests and other  forests, wetlands, and coastal and marine ecosystems subject to the rules and regulations prescribed by the Central Government in this behalf.(b) The Chief Wildlife Warden shall ensure that all permits for wildlife research are processed and granted in accordance with the rules and regulations as may be prescribed, from time to time, the Central Government in this behalf.
 
 Page | 3
(2) the Central Government shall, by notification in the Official Gazette, make rulesand regulations regarding the conduct of wildlife research including but not limited to:(a) the persons and organizations who will be eligible for the grant of permits under this Section;(b) the time frame in which proposals for wildlife research must be disposed off;(c) the conditions subject to which permits for wildlife research involving animalsspecified in Schedule-I and Part II of Schedule II, or any specified plant, may begranted.
6. Amendment of Section 17B of the Act
(1) In clause (b) of Section 17-B of the principal Act, the word
“scientific”
shall bereplaced with the word
 
wildlife
 
and the words
 
as prescribed under section 12A of the Act 
 
shall be inserted after the word
“research”
.
 
7. Amendment of Section 21 of the Act
(1) In clause (b) of Section 21 of the principal Act, the words “two months” shall bereplaced by the words “
six months
”.
8. Amendment of Section 22 of the Act
(1) In Section 22 of the principal Act, the words,
 , the Gram Sabha
” shall be insertedafter the words “the records of the State Government”.(2) In Section 22 of the principal Act, the words, “acquainted with the same” shall bereplaced by, “
acquainted with such right 
”.
9. Amendment of Section 28 of the Act
(1) In clause (c) of sub-section (1) of Section 28 of the principal Act, the words
and wildlife
” shall be inserted after the word “scientific”.
10. Amendment of Section 29 of the Act
(1) The
 Explanation
to Section 29 of the principal Act shall be deleted and the followingshall be inserted in its place:
 Explanation – For the purposes of this section, an act permitted under section 33, or hunting of wild animals under a permit granted under section 11 or under section 12,or the exercise of any rights permitted to continue under section 24 (2) (c), or thebona fide use of drinking and household water by local communities, shall not bedeemed to be an act prohibited under this section
.”
11. Amendment of Section 32 of the Act
(1) In Section 32 of the principle Act, the words
or equipment 
” shall be inserted after thewords “other substances”.
12. Amendment of Section 35 of the Act

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