Page 9 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 9
DISCUSSION PAPER
The Amendment Act of 1991, passed after Replacing the State Wild Life Advisory Board with
the subject became a part of the Concurrent List, a State Board for Wild Life chaired by the Chief
made a number of changes, (including extending the Minister (replacement section 6 of main Act).
operation of the Act to the whole of India except
the state of J&K; and removing the preamble); none Providing for “prior approval” by the National
which affected the basic architecture laid out in the Board before the State Government can permit
original Act, except in the case of reserved forest and certain activities in sanctuaries and reserves.
territorial waters which were moved from section 18 (proviso added to section 33 of the main Act)
to a new section 26A for technical reasons, with a
proviso that in the case of territorial waters, the prior Providing for a recommendation by the National
approval of the Central Government shall be taken Board and for consultation in certain cases. (section
for declaring a sanctuary. A significant change was the 35(5) and (6) of the main Act as amended).
replacement of the phrase “wild animals and birds” by
“wild animal, birds and plants” in the long title of the It may be noted here that the Supreme Court in WP
Act and the addition of a new chapter (Chapter IIIA) (Civil) 337/1995 titled Centre for Environment Law,
dealing with protection of specified plants. WWF-I vs. Union of India & Others, vide its order
dated 9 May 2002 had directed that no permission
The Wild Life Act was further amended in 2002 for destruction, exploitation or removal of any
(Act no. 16 of 2003) to make important change in the wildlife (including forest produce) from a sanctuary
governance structure including the following: under Section 29 of the Wildlife (Protection) Act,
Linking the legislation (through the long title) to 1972, should granted without getting approval
of the Standing Committee of Indian Board for
the ecological and environmental security of the Wildlife. Subsequently, the Government enacted an
country; amendment to the Wild Life (Protection) Act 1972
Creating a National Board for Wild Life (replacing a vide Act 16 of 2003 to inter alia give the Board and its
non-statutory Indian Board for Wildlife) chaired by Committee a statutory status. The relevant changes
the Prime Minister and for a Standing Committee to the main Act consequent to the amendment are
of the Board chaired by the Minister in charge of shown in Box 5 in italics.
Forest and Wild Life (section 5A and B of the main
Act);
Box 5: The Wild Life Protection Act, 1972
A Director of Wild Life Preservation in the Central Government (section 3)
A Chief Wild Life Warden at State level, appointed by the State Government (section 4)
A State level Wildlife Advisory Board, constituted by the State Government (section 6), entrusted with the responsibility for
selection of areas to be declared as sanctuaries, national parks, and closed areas and their administration; and formulation of the
policy for protection and conservation of wild life and specified plants (section 8). Advisory Board replaced with a State Wild Life
Board chaired by Chief Minister; and a National Board chaired by Prime Minister created by amendment of 2002.
Declaration by State Government of Sanctuaries (section 18), closed area (section 37).
Declaration by Central Government of Sanctuaries in areas leased or transferred to it by State Government, and control exercised
by Director Wild Life Preservation of such areas (section 38).
Director Wild Life Preservation (or officer authorized by him), Chief Wild Life Warden (or officer authorized by him), etc., has power
of entry, search, arrest and detention (section 50).
State Government or Chief Wild Life Warden has power to compound (section 54), and Courts to take cognizance only on his
complaint (section 56).
Operation of other laws not barred (section 56).
Central Government can make Rules under the Act with respect to licences for trophies and animal articles, and purchase of animals
and Sanctuaries declared by Central Government (section 63); State Government to make Rules in respect of all other matters
(section 64).
OCTOBER 2017 9
The Amendment Act of 1991, passed after Replacing the State Wild Life Advisory Board with
the subject became a part of the Concurrent List, a State Board for Wild Life chaired by the Chief
made a number of changes, (including extending the Minister (replacement section 6 of main Act).
operation of the Act to the whole of India except
the state of J&K; and removing the preamble); none Providing for “prior approval” by the National
which affected the basic architecture laid out in the Board before the State Government can permit
original Act, except in the case of reserved forest and certain activities in sanctuaries and reserves.
territorial waters which were moved from section 18 (proviso added to section 33 of the main Act)
to a new section 26A for technical reasons, with a
proviso that in the case of territorial waters, the prior Providing for a recommendation by the National
approval of the Central Government shall be taken Board and for consultation in certain cases. (section
for declaring a sanctuary. A significant change was the 35(5) and (6) of the main Act as amended).
replacement of the phrase “wild animals and birds” by
“wild animal, birds and plants” in the long title of the It may be noted here that the Supreme Court in WP
Act and the addition of a new chapter (Chapter IIIA) (Civil) 337/1995 titled Centre for Environment Law,
dealing with protection of specified plants. WWF-I vs. Union of India & Others, vide its order
dated 9 May 2002 had directed that no permission
The Wild Life Act was further amended in 2002 for destruction, exploitation or removal of any
(Act no. 16 of 2003) to make important change in the wildlife (including forest produce) from a sanctuary
governance structure including the following: under Section 29 of the Wildlife (Protection) Act,
Linking the legislation (through the long title) to 1972, should granted without getting approval
of the Standing Committee of Indian Board for
the ecological and environmental security of the Wildlife. Subsequently, the Government enacted an
country; amendment to the Wild Life (Protection) Act 1972
Creating a National Board for Wild Life (replacing a vide Act 16 of 2003 to inter alia give the Board and its
non-statutory Indian Board for Wildlife) chaired by Committee a statutory status. The relevant changes
the Prime Minister and for a Standing Committee to the main Act consequent to the amendment are
of the Board chaired by the Minister in charge of shown in Box 5 in italics.
Forest and Wild Life (section 5A and B of the main
Act);
Box 5: The Wild Life Protection Act, 1972
A Director of Wild Life Preservation in the Central Government (section 3)
A Chief Wild Life Warden at State level, appointed by the State Government (section 4)
A State level Wildlife Advisory Board, constituted by the State Government (section 6), entrusted with the responsibility for
selection of areas to be declared as sanctuaries, national parks, and closed areas and their administration; and formulation of the
policy for protection and conservation of wild life and specified plants (section 8). Advisory Board replaced with a State Wild Life
Board chaired by Chief Minister; and a National Board chaired by Prime Minister created by amendment of 2002.
Declaration by State Government of Sanctuaries (section 18), closed area (section 37).
Declaration by Central Government of Sanctuaries in areas leased or transferred to it by State Government, and control exercised
by Director Wild Life Preservation of such areas (section 38).
Director Wild Life Preservation (or officer authorized by him), Chief Wild Life Warden (or officer authorized by him), etc., has power
of entry, search, arrest and detention (section 50).
State Government or Chief Wild Life Warden has power to compound (section 54), and Courts to take cognizance only on his
complaint (section 56).
Operation of other laws not barred (section 56).
Central Government can make Rules under the Act with respect to licences for trophies and animal articles, and purchase of animals
and Sanctuaries declared by Central Government (section 63); State Government to make Rules in respect of all other matters
(section 64).
OCTOBER 2017 9
