The Wild Life (Protection) Act, 1972
Parliament enacted The Wild Life (Protection) Act, 1972, as Act No. 53 of 1972, dated 9 September 1972, to protect wild animals, birds and plants and support the ecological and environmental security of the country. It regulates hunting, specified plants, protected areas, zoos, wildlife trade, enfor...
What the law governs
The Wild Life (Protection) Act, 1972 applies to the whole of India except the State of Jammu and Kashmir, according to the supplied text. Its provisions come into force on dates appointed by the Central Government through notification, and different dates may be appointed for different provisions or areas.
The law covers:
- Prohibition of hunting, with permits allowed in certain cases or for special purposes.
- Protection of specified plants, including controls on picking, uprooting, cultivation, possession, purchase and dealing.
- Creation and management of sanctuaries, National Parks, conservation reserves and community reserves.
- Recognition and regulation of zoos through the Central Zoo Authority.
- Tiger conservation plans, tiger reserves and the National Tiger Conservation Authority.
- Trade and possession involving wild animals, captive animals, trophies and animal articles.
- Entry, search, arrest, detention, penalties and prosecution of offences.
- Seizure, freezing and forfeiture of property derived from illegal hunting and trade.
How protected areas can affect land
The Wild Life (Protection) Act, 1972 provides procedures for declaring sanctuaries and National Parks. For sanctuaries, the listed provisions include appointment of Collectors, determination of rights, proclamations, inquiries, acquisition of rights and acquisition proceedings.
Within a sanctuary, the law provides for:
- Restrictions on entry and entry with weapons.
- Permits for authorised entry or activities.
- Prohibition of destruction or other activities without a permit.
- Prohibition on causing fire or using injurious substances.
- Control and management of the sanctuary.
The Act also permits the Central Government to declare areas as sanctuaries or National Parks. It separately provides for conservation reserves and community reserves, including management committees.
Who may be affected
The Wild Life (Protection) Act, 1972 may affect landowners or rights holders where land is considered for inclusion in a sanctuary, National Park, conservation reserve or community reserve. Buyers examining land near a protected area should check whether any declaration, rights inquiry, acquisition proceeding, entry restriction or permit requirement applies to the property.
The law also affects people possessing or trading in captive animals, wild animals, specified plants, trophies or animal articles. Dealers may require licences, must maintain records where required, and may face restrictions on purchase, transfer or transportation.
Enforcement and property consequences
The Wild Life (Protection) Act, 1972 gives authorities powers relating to entry, search, arrest and detention. It provides penalties, bail conditions, punishment for attempts and abetment, and offences by companies.
Property identified as illegally acquired from hunting or wildlife trade may be seized, frozen or forfeited. The law also provides for notice, appeals, possession of forfeited property and fines in place of forfeiture in certain cases.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can private rights in land be examined when an area is proposed as a sanctuary?
Yes. The Wild Life (Protection) Act, 1972 provides for a Collector to determine rights, conduct inquiries and address acquisition of rights and acquisition proceedings.
Can I freely enter or carry a weapon into a wildlife sanctuary?
No. The Act provides restrictions on entry into a sanctuary and prohibits entry with a weapon, while also allowing permits in appropriate cases.
Does the Act regulate trade in wildlife articles and trophies?
Yes. It regulates dealings, purchases, transfers, transportation and record keeping involving wild animals, captive animals, trophies and animal articles, including licence requirements and specific trade prohibitions.
Can property linked to illegal hunting or wildlife trade be taken by authorities?
Yes. The Act provides for identifying, seizing, freezing and forfeiting property derived from illegal hunting and trade, with notice and appeal procedures.
