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07-03-2012, 04:58 PM
Post: #1
WILDLIFE PROTECTION ACT
WILDLIFE PROTECTION ACT


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INTRODUCTION
The wild life laws have a long history and is the culminative result of an increasing awareness of the compelling need to restore the catastrophic ecological imbalances introduced by the depridations inflicted on nature by human being. The earliest codified law can be traced to 3rd Centuary B.C. when Ashoka, the King of Maghadha, enacted a law in the matter of preservation of wild life and environment. But, the first codified law in India which heralded the era of laws for the wild life and protection was enacted in the year 1887 by the British and was titled as the Wild Birds Protection Act, 1887 (10 of 1887). This Act enabled the then Government to frame rules prohibiting the possession or sale of any kinds of specified wild birds, which have been killed or taken during the breeding season. Again the British Government in the year 1912 passed the Wild Birds and Animals Protection Act, 1912 (8 of 1912) as the Act of 1887 proved to be inadequate for the protection of wild birds and animals. The Act of 1912 was amended in the year 1935 by the Wild Birds and Animals Protection (Amendment) Act, 1935 (27 of 1935).
After the Second World War the freedom struggle for India started taking its shape and wild life was relagated to the background. But after independence, the Constituent Assembly in the Draft Constitution placed "Protection of Wild Birds and Wild Animals" at entry No.20 in the State List and the State Legislature has been given power to legislate.


PRELIMINARY
1. Short title, extent and commencement. (1) This Act may be called Wild Life (Protection) Act, 1972.
3[(2) It extends to the whole of India except the state of Jammu and Kashmir.]
3) It shall come into force in a State or Union Territory to which it extends, 4[* * *] on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this Act or for different States or Union territories.
2. Definitions.-In this Act, unless the context otherwise requires,-
(1) "animal" includes amphibians, birds, mammals and reptiles and their young, and also includes, in the cases of birds and reptiles, their eggs;



AUTHORITIES TO BE APPOINTED OR CONSTITUTED UNDER THE ACT
3. Appointment of Director and other officers.- (1) The Central Government may, for the purposes of this Act, appoint,-
(a) A Director of Wild Life Preservation;
(b) Assistant Directors of Wild Life Preservation; and
© such other officers and employees as may be necessary.
(2) In the performance of his duties and exercise of his powers by or under this Act, the Director shall be subject to such general or special directions, as the Central Government may, from time to time, give.
(3) The Assistant Directors of Wild Life Preservation and other oficers and employees appointed under this section shall be subordinate to the Director.
4. Appointment of Life Warden and other officers.- (1) The State Government may, for the purposes of this Act, appoint,-
(a) a Chief Wild Life Warden;
(b) Wild Life Wardens; 1[* * *]
2[(bb) one Honorary Wild Life Warden in each district; and]
© such other officers and employees as may be necessary.
(2) In the performance of his duties and exercise of his powers by or under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the State Government may, from time to time, give.
(3) 3[The Wild Life Warden, the Honorary Wild Life Warden] and other officers and employees appointment under this section shall be subordinate to the Chief Wild Warden.
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