Chapter III Chapter III

Hunting of Wild Animals

Substitution of section 8, Act YLll of 1978.-For section 8 of the principal Act, the following section shall be substituted, namely :- "(8) Prohibftion of Hunting.--No person sball hunt any wild animal specified in Schedule 1, Schedule 11, Schedule 111 and Schedule IV except as provided under section 10 and section 1 I of this Act.".

Ommissiota of section 9, Act WI of 1978.-Section 9 of the principal Act shall be omitted.

Amendment of section 10, Act WZ of 1978.-In section 10 of the principal Act,-

1. (a) in sub-section (1),-
   • (i) after clause (a), the fdiowing proviso shall be added, namely :- " Provided that no such order hr killing of any confinned human killer be passed unless the Chief Wildlife Warden is satisfied that such animal can not be tranquilized, captured or translocatcd." ;
   • (ii) after clause (b), the fbbwing chases dull be added, namely:- "(c) my order for capture and b-anskxxttion passed & dause
2. (a) or clause
3. (b) shall specify the area of release of such captured animal and the time withid which such release must be carried out to reduce to the minimum the trauma caused to the animal.
4. (d) no animal captured under this section shall be kept in captivity unless the Chief Wikllifb Warden is satisfied fbr masons, to be recorded in writing, that such am@ cannot be rehabilitated in the wild."
5. (b) in sub-section

1. (2) for the words "in kfense of oneself or one's property" and "any other gem or/ his property" the words "in defence of oneself' and ''w other person" shall nqxctively be substituted ; and
   • (c) in sub-section
2. (3) for the words "any person or his property" the words "any person" shall be swbstituted.

Amendment of section 11, Act k711 of 1978.-in section 11 of the principal Act,--

1. (a) for the words "to grant with the +vious permission of the Government" and "to hunt" the words 30 grant" and 90 hunt, tranquilize or capture" shall res&vely be substituted ;
2. (b) in clause (b), the semicolon and woM "or" shall be substituted by colon and thereafter the follo* proviso shall be urserted, namely :- " Provided that where the permission is rhsed in part or in whole, the reasons shall be recotided and communicated to the applicant who may appeal a@mt the refirsal to the GQve-ti' ;
3. (c) after clause (b), the following bb shall be inserted, namely :- "(bb) scientific management ; Explanation :--for the purpose of C ), the ex~res~i~n, "scientific management"
   • (i) translocation of any wild rununhl to an alternative suitable habitat ; or

1. (6) population management of Wildlifk, without killing, goirmiog or destroying any +ld animal" ;
   • (d) in clause (c),-
     • (i) for the words "Zoological Gardens" the words "recosru;eRd zoos" shall be substituted ;
     • (ii) the fbllowing provisos shall be added at its end, namely :- " Provided that the pennit issued under clause
   • (c) shall specie t'lal. only one specimen per instion shall be allowed 61 be collected except in the case of pIants where upto two spechens per institution may be allowed : Provided hrther that the Chief WiMifb Warden shall not permit fbr such collection fm the wild unless he is satisfied that the specimens required are not available in any zoo or herbarium or in any other institution, orn ; and
   • (e) after clause (c), the following clause sb;cll be added, namely :- "(d) derivation, collection or preparation of snake venom for the manufacture of life saving drugs.".

Substitution of section 12, Act WII of 1978.-For section 12 of the principal Act, the following section shall be substituted, namely :- "12. Suspension or cnncellarion of permit.-The Chief Wildlife Warden may. subject to any general or special order of the Government, for good and sufficient reasons, to be recorded in nriting, suspend or canccl an: permit granted under this Chapter : Provided that no such suspension or cancellation shall be made except after giving tk holder of the permit a reasonable opportunity of being heard.".

Omission of section 13, 14, 15, and 16 Act VIII of 1978.-Section 13, section 14, section 15 and section 16 of the principal Act shall be omitted.

Insertion of new Chapter IIIA in Act VIII of 1978.-After section 16 of the principal Act, the following Chapter shall be inserted, namely :- CHAPTER IIIA Protection of specified plants

Substitution of section 17, Act VIII of 1978.-For section 17 of the principal Act, the following section shall be substituted, namely :-

1. (a) willfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land, protected area and any other area specified, by notification, by the Government ;
2. (b) possess, sell, offer for sale, or transfer by way of gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof : Provided that nothing in this section shall prevent a member of a Scheduled Tribe, subject to the provisions of Chapter IV, from picking, collecting or possessing in the district he resides any specified plant or part or derivative thereof for his bonafide personal use.

1. (a) education ;
2. (b) scientific research ;
3. (c) collection, preservation and display in a herbarium of any scientific institutions ; or
4. (d) propagation by a person or an institution approved by the Government in this regard.

1. (1) No person shall cultivate a specified plant except under, and in accordance with a licence granted by the Principal Chief Conservator of Forests or the Chief Wildlife Warden or any other officer authorized by the Government in this behalf : Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002 was cultivating a specified plant, from carrying on such cultivation for a period of forty-five days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him, or he is informed in writing that a licence cannot be granted to him.
2. (2) Every licence granted under this section shall specify the area in which and the conditions, if any, subject to which the licensee shall cultivate a specified plant.

1. (1) No person shall, except under and in accordance with a licence granted by the Principal Chief Conservator of Forests or the Chief Wildlife Warden or any other officer authorized by the Government in this behalf, commence or carry on business or occupation as a dealer in a specified plant or part or derivative thereof : Provided that nothing in this section shall prevent a person, who, immediately before the commencement of the Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002, was carrying on such business or occupation, from carrying on such business or occupation for a period of forty-five days from such commencement, or where he has made an application within that period for the grant of a licence to him, until the licence is granted to him or he is informed in writing that a licence cannot be granted to him.
2. (2) Every licence granted under this section shall specify the premises in which, the period for which and the conditions, if any, subject to which the licensee shall carry on his business.

1. (1) Every person cultivating, or dealing in, a specified plant or part or derivative thereof shall, within thirty days, from the date of commencement of the Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002, declare to the Principal Chief Conservator of Forests or the Chief Wildlife Warden or any other officer authorized by the Government in this behalf, his stocks of such plants or part or derivative thereof, as the case may be, on the date of such commencement.
2. (2) The provisions of sub-section
3. (3) to sub-section
4. (8) (both inclusive) of section 43, section 44, section 45 and section 46 shall, as far as may be, apply in relation to an application and a licence referred to in section 16C and section 16D as they apply in relation to a licence or business in animals or animal articles.

1. (a) keep in his control, custody or possession,-
   • (i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 16E has to be made but has not been made ;
   • (ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule, or order made thereunder ;
2. (b) pick, uproot, collect or acquire any specified plant, or
3. (c) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transport, any specified plant or part or derivative thereof, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act.

1. (1) Every specified plant or part or derivative thereof, in respect of which any offence under this Act or any rule or order made thereunder has been committed, shall be the property of the Government.
2. (2) The provisions of sub-sections
3. (2) and
4. (3) of section 38 shall, as far as may be, apply in relation to the specified plant or part or derivative thereof as they apply in relation to wild animals and articles referred to in sub-section
5. (1) of that section. 15. Amendment of the heading of Chapter IV, Act VIII of 1978 Amendment of the heading of Chapter IV, Act VIII of 1978.-In the heading of Chapter IV, for the words "GAME RESERVES AND CLOSED AREAS" the words "AND CONSERVATION RESERVES" shall be substituted.

1. (1) The Government may, by notification, declare its intention to constitute any area comprised within or outside any demarcated or undemarcated forest as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological or natural significance, for the purpose of protecting, propagating or developing wildlife or its environment, including areas adjacent to National Parks and those which link one protected area with another :
2. (2) The notification referred to in sub-section
3. (1) shall specify, as nearly as possible, the situation and limits of such area.
4. (3) Where any proceeding under any of the provisions of sections 17 to 24 (both inclusive) is pending on the date of commencement of the Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002 with regard to any demarcated or undemarcated forests declared under sub-section
5. (1) to be a sanctuary, it shall be deemed to be a sanctuary declared under this Act and the rights, if any, recorded at the time of declaration of the demarcated or undemarcated forests, subject to the provision of section 24A, shall continue : Provided that when the Government issues or has issued a notification under this Act declaring its intention to constitute any area, not comprised within any demarcated or undemarcated forest as a Sanctuary, the provisions of sections 26 to 34C (both inclusive) shall come into effect forthwith : Provided further that the Government shall make alternative arrangements for supplying fuel, fodder and other forest produce recorded as a right in Government records, or give interim compensation in lieu thereof as may be prescribed, till such time such rights have been finally settled. Explanation.-For purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well known or readily intelligible boundaries.