The Jammu and Kashmir Wild Life (Protection) Act, 1978

1. (1) This Act may be called the Jammu and Kashmir Wild Life (Protection) Act, 1978.
2. (2) It extends to the whole of the State.
3. (3) It shall come into force on such date as the Government may appoint and different dates may be appointed for different provisions of this Act.

In this Act, unless the context otherwise requires,--

1. (1) "animal" includes--
   • (a) all form of animal life from the protozoans to the most advanced vertebrates;
   • (b) amphibians, birds, mammals and reptiles and their youngs;
   • (c) in the cases of amphibians, birds and reptiles, their eggs;
2. (2) "animal article" means an article made from any captive animal or wild animal, other than vermin, and includes an article or object in which the whole or any part of such animal has been used;
3. (3) "big game" means any animal specified in Schedule III;
4. (4) "Board" means Wild Life Advisory Board constituted under sub-section
5. (1) of section 5;
6. (5) "captive animal" means any animal specified in Schedule I, Schedule II, Schedule III or Schedule IV, which is captured or kept or bred in captivity;
7. (6) "cattle" includes elephants, camels, buffaloes, bullocks, bulls, cows, donkeys, goats, sheep, horses, mules and pigs;
8. (7) "Chief Wild Life Warden" means the person appointed as such under clause
   • (a) of sub-section
9. (1) of section 3;
10. (8) "closed area" means the area which is declared under sub-section
11. (1) of section 37 to be closed to hunting;
12. (9) "Collector" means the chief officer in charge of the revenue administration of a district or any officer appointed by the Government under the Land Revenue Act, Samvat 1996;
13. (10) "dealer" means any person who carries on the business of buying and selling any captive animal, animal article, trophy, uncured trophy or meat under a licence;
14. (11) "game reserve" means an area declared under section 36 to be a game reserve;
15. (12) "Government property" means any property, or any wild animal, animal article, trophy, or uncured trophy, or meat which has become Government property under section 38;
16. (13) "habitat" includes any land, water or vegetation which is the natural habitat of any wild animal;
17. (14) "hunting", with its grammatical variations and cognate expressions, includes--
    • (a) capturing, killing, poisoning, snaring and trapping of any wild animal and every attempt to do so;
    • (b) driving any wild animal for any of the purposes specified in sub-clause (a);
    • (c) injuring or destroying or taking any body part of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or disturbing the eggs or nests of such birds or reptiles;
18. (15) "land" includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes whether artificial or natural, boulders and rocks;
19. (16) "licence" means a licence granted under this Act or any rule made thereunder;
20. (17) "manufacturer" means a manufacturer of animal articles;
21. (18) "meat" includes blood, bones, sinew, eggs, fat and flesh whether raw or cooked, of any wild animal other than vermin;
22. (19) "National Park" means an area declared under section 35 as a National Park;
23. (20) "permit" means a permit granted under this Act or any rule made thereunder;
24. (21) "person" includes a firm;
25. (22) "prescribed" means prescribed by rules made under this Act;
26. (23) "royalty" means charges to be paid by the licensee for wild animal hunting;
27. (24) "sanctuary" means an area declared under section 17 as a Wild Life sanctuary;
28. (25) "small game" means any animal specified in Schedule IV;
29. (26) "special game" means any animal specified in Schedule II;
30. (27) "taxidermy" with its grammatical variations and cognate expressions, means the curing, preparation or preservation of trophies;
31. (28) "transporter" includes a person, a private agency, a Government Department, Corporation or any other agency engaged in the transport of goods whether on his own behalf or on behalf of any other person;
32. (29) "trophy" means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means whether artificial or natural, and includes--
    • (a) rugs, skins and specimens of such animals mounted in whole or in part through a process of taxidermy; and
    • (b) antler, horn, rhinoceros horn, hair, feather, nail, tooth, musk, eggs and nests;
33. (30) "uncured trophy" means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone a process of taxidermy and includes a freshly killed wild animal;
34. (31) "vehicle" means any conveyance used for movement on land, water or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse and mule;
35. (32) "vermin" means any wild animal specified in Schedule V;
36. (33) "weapon" includes ammunition, bows, arrows, explosives, firearms, hooks, knives, nets, poison, snares, traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal;
37. (34) "wild animal" means any animal specified in Schedule I, Schedule II, Schedule III, Schedule IV or Schedule V, wherever found;
38. (35) "wild life" includes any form of uncultivated flora and fauna;
39. (36) "Wild Life Warden" means the person appointed as such under clause
    • (b) of sub-section
40. (1) of section 3.

Authorities to be Appointed or Constituted under the Act

1. (1) The Government may, for the purposes of this Act, appoint--
   • (a) a Chief Wild Life Warden;
   • (b) Wild Life Wardens; and
   • (c) such other officers and other employees as may be necessary or appoint any persons in honorary capacity.
2. (2) In the performance of his functions and exercise of his powers under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the Government may, from time to time, give.
3. (3) The Wild Life Wardens and other officers and employees appointed under this section shall be subordinate to the Chief Wild Life Warden.

1. (1) The Chief Wild Life Warden may, with the previous approval of the Government, by order in writing, delegate all or any of his powers and duties under this Act, except those under clause
   • (a) of sub-section
2. (1) of section 10, to any officer subordinate to him, subject to such conditions, if any, as may be specified in the order.
3. (2) Subject to any general or special direction given or condition imposed by the Chief Wild Life Warden, any person, authorised by the Chief Wild Life Warden to exercise any powers, may exercise those powers in the same manner and to the same effect as if they had been conferred on that person directly by this Act and not by way of delegation.

1. (1) The Government shall, as soon as may be, after the commencement of this Act, constitute a Wild Life Advisory Board consisting of the following members, namely:--
   • (a) The Minister Incharge of Forest/Wild Life in the State who shall be the Chairman;
   • (b) Two members of the State Legislature;
   • (c) Secretary to Government Incharge of Forest/Wild Life;
   • (d) An officer to be nominated by the Director of Wild Life Preservation, Government of India;
   • (e) Chief Conservator of Forests, ex-officio;
   • (f) Chief Wild Life Warden, ex-officio;
   • (g) Such other officers and non-officials, not exceeding fifteen, who, in the opinion of the Government are interested in the protection of Wild Life.
2. (2) Report made by this Board will be placed on the Table of the House.
3. (3) The Government shall appoint Chief Conservator of Forests or Chief Wild Life Warden or any other member of the Board as the Secretary of the Board.
4. (4) The term of office of the members of the Board referred to in clause
   • (g) of sub-section
5. (1) and the manner of filling vacancies among them shall be such as may be prescribed.
6. (5) The members shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as the Government may prescribe.

1. (1) The Board shall meet at least twice a year at such place as the Government may direct.
2. (2) The Board shall regulate its own procedure (including the quorum).
3. (3) No act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the Board not affecting the merits of the case.

Substitution of section 7, Act VIII of 1978.-For section 7 of the principal Act, the following section shall be substituted, namely :- "(7) Duties of the Board.-It; shall be the duty of the Board to-

1. (a) advise the Government-
   • (i) in the selection and dement of the areas to be declared as protected ads ;
   • (ii) in formulation of the policy for the protection and conservation of wildlife d specified plants and fbr effectively controlling poa "$ 'ng of wildlife ;
   • (iii) in any matter relating to by Schedule ;
   • (iv) in relation to the measures /to be taken for hannooizing the needs of the tribals and other dwellers of the iorest with the protection and colnservation of wildlife ; and
   • (v) in any matter that may be referred to it by the Government ;
2. (b) carry out or cause to be carrieb out, impact assessment of various developmental projects Ion wildlife or its habitat ;
3. (c) review, from time to time, the p yess in the field of wildlife conservation in the State an suggest measures for its improvement and cause to be published the Wildlife Report of the State at least once in every three years ; and
4. (d) perform such other functions as are germane to the purposes for which the Board is constituted.".

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.

Collector to determine rights.-Whenever any area is declared to be a sanctuary, the Collector shall inquire into and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary.

Bar of accrual of rights.-After the issue of a notification under section 17, no right shall be acquired in, on or over land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.

Proclamation by Collector.-When a notification has been issued under section 17, the Collector shall publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation--

1. (a) specifying, as nearly as possible, the situation and the limits of the sanctuary ; and
2. (b) requiring any person, claiming any right mentioned in section 18 to prefer before the Collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with necessary details and the amount and particulars of compensation if any claimed in respect thereof.

Inquiry by Collector.-The Collector shall, after issue of proclamation, expeditiously inquire into--

1. (a) the claim preferred before him under clause
2. (b) of section 20, and,
3. (b) the existence of any right mentioned in section 18 and not claimed under clause
4. (b) of section 20, so far as the same may be ascertainable from the records of the State Government and the evidence of any person acquainted with the same.

For the purpose of such inquiry, the Collector may exercise the following powers, namely :-

1. (a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise other official to do so;
2. (b) the same powers as are vested in a Civil Court for the trial of suits.

1. (1) In the case of a claim to a right in or over any land referred to in section 18, the Collector shall pass an order admitting or rejecting the same in whole or in part.
2. (2) If such claim is admitted in whole or in part the Collector may--
   • (a) exclude such land from the limits of the proposed sanctuary ; or
   • (b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of such rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land on payment of such compensation as is provided in the Land Acquisition Act, Svt. 1990.

1. (1) For the purpose of acquiring such land or rights in or over such land--
   • (a) the Collector shall be deemed to be a Collector proceeding under the Land Acquisition Act, Svt. 1990 ;
   • (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act ;
   • (c) the provisions of the sections, preceding section 9 of that Act, shall be deemed to have been complied with ;
   • (d) where the claimant does not accept the award made in the matter of compensation he shall be deemed, within the meaning of section 18 of that Act, to be a person interested who has not accepted the award and shall be entitled to proceed to have the award under the provisions of Part III of that Act ;
   • (e) the Collector, with the consent of the claimant, or the Court with the consent of both the parties may award compensation in land or partly in land and partly in money ; and
   • (f) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the Government, provide for an alternative public way or common pasture, as far as may be practicable or sanction compensation for alternative arrangements.
2. (2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose.

The Government may, by general or special order, direct that the powers exercisable or the functions to be performed by the Collector under sections 18 to 24 (both inclusive) may be exercised and performed by such other officer as may be specified in the order.

No person other than--

1. (a) a public servant on duty ;
2. (b) a person who has been permitted by the Chief Wild Life Warden or the authorised officer to reside within the limits of the sanctuary ;
3. (c) a person who has any right over immovable property within the limits of the sanctuary ;
4. (d) a person passing through the sanctuary along a public highway ; and
5. (e) the dependants of the person referred to in clause (a), clause
6. (b) or clause
7. (c) ; shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28.

1. (1) Every person shall, so long as he resides in the sanctuary be bound--
   • (a) to prevent the commission in the sanctuary, of an offence against this Act ;
   • (b) where there is reason to believe that any such offence against this Act has been committed in such sanctuary, to help in discovering and arresting the offender ;
   • (c) to report the death of any wild animal and to safeguard its remains until the Chief Wild Life Warden or the authorised officer takes charge thereof ;
   • (d) to extinguish any fire in such sanctuary of which he has knowledge or information and to prevent from spreading by any means in his power, any fire, within the vicinity of such sanctuary of which he has knowledge or information ; and
   • (e) to assist any Forest Officer, Chief Wild Life Warden, Wild Life Warden or Police Officer demanding his aid for preventing the commission of any offence against this Act or in the investigation of any such offence.
2. (2) Every person residing in, or within ten kilometres of any area declared as sanctuary under section 17, shall within such period from the declaration, get the cattle in his possession vaccinated against diseases as may be prescribed.
3. (3) Any person who is convicted under any of the provisions of this Act shall be evicted from the sanctuary or land in which he committed the offence.

1. (1) The Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely :-
   • (a) investigation or study of wild life and purposes ancillary thereto ;
   • (b) photography ;
   • (c) scientific research ;
   • (d) recreation and trekking ;
   • (e) transaction of lawful business with any person residing in the sanctuary.
2. (2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed.

1. (1) Notwithstanding anything contained elsewhere in this Act, no person shall hunt any wild animal in a sanctuary or remove from such sanctuary any wild animal, alive or dead, or any trophy, uncured trophy or meat derived from such animal : Provided that if the Chief Wild Life Warden is satisfied that it is necessary that any wild animal in a sanctuary should be hunted or removed--
   • (a) for the better protection of wild life ; or
   • (b) for any other good and sufficient reason ; he may, with the previous approval of the Government, grant a permit authorising any person to hunt or remove such wild animal under the direction and supervision of an officer authorised by him or cause it to be hunted or removed.
2. (2) A permit granted under sub-section
3. (1) shall specify the kind and number of wild animals that may be hunted or removed by the holder of such permit.
4. (3) The Chief Wild Life Warden may, for good and sufficient reasons, to be recorded in writing, cancel any permit granted under section 28 or under this section : Provided that no such cancellation shall be made except after giving the holder of the permit a reasonable opportunity of being heard.
5. (4) Any person aggrieved by the cancellation of a permit under sub-section
6. (3) may, within fifteen days from the date of such cancellation, appeal to the Government, whose decision shall be final :

Causing fire prohibited No person shall set fire to a sanctuary, or kindle any fire, or leave any fire burning in a sanctuary in such manner as to endanger such sanctuary.

No person shall enter a sanctuary with any weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.

No person shall use or carry in a sanctuary, chemicals, explosives or any other substances which may cause injury to or endanger any wild life in such sanctuary except and in accordance with a permit granted by the Chief Wild Life Warden or any officer authorised by him in this behalf.

The Chief Wild Life Warden shall be the authority who shall control, manage and maintain all sanctuaries and for that purpose within the limits of any sanctuary--

1. (a) may construct such roads, bridges, buildings, fences or check gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary ;
2. (b) shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein ;
3. (c) may take such measures, in the interest of wild life, as he may consider necessary for the improvement of any habitat ;
4. (d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of cattle ;
5. (e) may regulate, control or prohibit, any fishing.

Insertion of new Chapter IVA in Act VIII of 1978.--After Chapter IV of the principal Act, the following Chapter shall be inserted, namely :- "CHAPTER IVA MANAGEMENT AND RECOGNITION OF ZOOS AND DEER PARKS

Declaration of closed area.--

1. (1) The Government may, by notification, declare any area closed to hunting for such period as may be specified in the notification.
2. (2) No hunting of any wild animal shall be permitted in a closed area during the period specified in the notification, except under and in accordance with a permit granted by the Chief Wild Life Warden or the authorised officer.

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Chief Wildlife Warden shall be responsible for the management and control of zoos and deer parks in the State.

The Chief Wildlife Warden shall, with respect to the management and control of zoos and deer parks, perform the following functions, namely :-

1. (a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo or a deer park ;
2. (b) evaluate and assess the functioning of zoos and deer parks with respect to the standards or the norms as may be prescribed ;
3. (c) recognize or derecognize zoos and deer parks ;
4. (d) identify endangered species of wild animals for the purposes of captive breeding and assigning responsibility in this regard to the zoos ;
5. (e) coordinate the acquisition, exchange or loaning of animals for breeding purpose ;
6. (f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity ;
7. (g) identify priorities and themes with regard to display of captive animals in a zoo or a deer park ;
8. (h) co-ordinate training of zoo personnel in and outside State ;
   • (i) co-ordinate research in captive breeding and educational programmes for the purposes of zoos ;
9. (j) provide technical and other assistance to zoos for their proper management and development on scientific lines ;
10. (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos and deer parks.

1. (1) No zoos or deer parks shall be operated without being recognized by the Chief Wildlife Warden and no recognition shall be granted without the proper approval of the Board : Provided that a zoo or a deer park being operated immediately before the date of commencement of the Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002, may continue to operate without being recognized for a period of six months from the date of such commencement and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for further period of six months from the date of such refusal.
2. (2) Every application for recognition of a zoo or a deer park shall be made to the Chief Wildlife Warden in such form and on payment of such fee as may be prescribed.
3. (3) Every recognition shall specify the conditions if any, subject to which the applicant shall operate the zoo.
4. (4) No recognition to a zoo or a deer park shall be granted unless the Board, having due regard to the interests of protection and conservation of wildlife, and such standards, norms and other matters as may be prescribed, that recognition should be granted.
5. (5) No application for recognition of a zoo or a deer park shall be rejected unless the applicant has been given a reasonable opportunity of being heard.
6. (6) The Chief Wildlife Warden may, for reasons to be recorded by him, suspend or cancel any recognition granted under sub-section
7. (4) : Provided that no such suspension or cancellation shall be made except after giving the persons operating the zoo or deer park reasonable opportunity of being heard.
8. (7) An appeal from an order refusing to recognize a zoo or a deer park under sub-section (5), or an order suspending or cancelling a recognition under sub-section
9. (6) shall lie to the Government.
10. (8) An appeal under sub-section
11. (7) shall be preferred within thirty days from the date of communication to the applicant, of the order appealed against : Provided that the Government may admit any appeal preferred after the expiry of the period aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring the appeal.

Subject to the other provisions of this Act, no owner of a zoo or deer park shall acquire or transfer any wild animal specified in Schedule I or Schedule II except with the previous permission of the Chief Wildlife Warden.

35. Amendment of section 38, Act VIII of 1978 Amendment of section 38, Act VIII of 1978.--In sub-section

1. (1) of section 38 of the principal Act :-
   • (a) clause
   • (a) shall be substituted by the following, namely :- "(a) wild animal other than vermin, which is hunted under section 10 or section 29 or sub-section
2. (6) of section 35 or kept or bred in captivity or hunted in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed by mistake ; and"
   • (b) after clause (b), the following clauses shall be inserted, namely :- "(c) ivory and an article made from such ivory in respect of which an offence against this Act or any rule or order made thereunder has been committed ;
   • (d) timber or forest produce in respect of which an offence has been committed in a Conservation Reserve or a Sanctuary or a National Park declared by the Government ; and
   • (e) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act" ; and
   • (c) in the last paragraph, after the words "meat derived from such animal" the words "or any vehicle, vessel, weapon, trap or tool used in such hunting" shall be inserted. 36. Declaration of game reserve Declaration of game reserve.--
3. (1) The Government may, by notification, declare any area to be a game reserve.
4. (2) No hunting of any wild animals, grazing, cultivation, or cutting of any vegetation including trees, bushes and grass shall be permitted in such reserve except under and in accordance with a licence issued under this section by the Chief Wild Life Warden or the authorised officer.
5. (3) No person shall carry any weapon in a game reserve without the written permission of the Chief Wild Life Warden or any officer authorised by him in this behalf.

Trade or Commerce in Wild Animals, Animal Articles and Trophies

Wild animals etc. to be Government property.--

1. (1) Every--
   • (a) wild animal, other than vermin, which is hunted under section 10 or sub-section
2. (1) of section 29 or sub-section
3. (6) of section 35 or kept or bred in captivity in contravention of any provision of this Act or any rule or order made thereunder, or found dead, or killed without a licence or by mistake, and
   • (b) animal article, trophy or uncured trophy or meat derived from any wild animal or captive animal referred to in clause
   • (a) in respect of which any offence against this Act or any rule or order made thereunder has been committed, shall be the property of the Government, and where such animal is hunted in a sanctuary or National Park, declared by the Government, such animal or any animal article, trophy, uncured trophy or meat derived from such animal, shall be the property of the Government.
4. (2) Any person who obtains, by any means, the possession of Government property, shall within fortyeight hours from obtaining such possession, make a report as to the obtaining of such possession to the nearest police station or the authorised officer and shall, if so required, hand over such property to the officer-incharge of such police station or such authorised officer, as the case may be.
5. (3) No person shall, without the previous permission in writing of the Chief Wild Life Warden or the authorised officer--
   • (a) acquire or keep in his possession, custody or control, or
   • (b) transfer to any person whether by way of gift, sale or otherwise, or
   • (c) destroy or damage, such Government property.

Declaration.--

1. (1) Every person having at the commencement of this Act the control, custody or possession of any captive animal specified in Schedule I or Part II of Schedule II, or any uncured trophy derived from such animal or salted or dried skin of such animal or the musk of a musk deer or the horn of a rhinoceros, shall, within thirty days from the commencement of this Act, declare to the Chief Wild Life Warden or the authorised officer the number and description of the animal, or article of the foregoing description under his control, custody or possession and the place where such animal or article is kept.
2. (2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or otherwise transfer or transport any animal specified in Schedule I or Part II of Schedule II or any uncured trophy or meat derived from such animal, or the salted or dried skins of such animal or the musk of a musk deer or the horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
3. (3) Nothing in sub-section
4. (1) shall apply to a public museum or zoo, or a museum of an educational institution.
5. (4) The Government may, by notification, require any person to declare to the Chief Wild Life Warden or the authorised officer any animal or trophy (other than a musk of a musk deer or horn of a rhinoceros) or salted or dried skin derived from an animal specified in Schedule I or Part II of Schedule II in his control, custody or possession in such form, in such manner, and within such time, as may be prescribed.

Inquiry and preparation of inventories.--

1. (1) On receipt of a declaration made under section 39, the Chief Wild Life Warden or the authorised officer may, after such notice, in such manner and at such time, as may be prescribed,--
   • (a) enter upon the premises of a person referred to in section 39 ;
   • (b) make inquiries and prepare inventories of animal articles, trophies, uncured trophies, salted and dried skins and captive animals specified in Schedule I and Part II of Schedule II and found thereon ; and
   • (c) affix upon the animal articles, trophies or uncured trophies identification marks in such manner as may be prescribed.
2. (2) No person shall obliterate or counterfeit any identification mark referred to in this Chapter.

Certificate of ownership.--The Chief Wild Life Warden may for the purpose of section 39 issue a certificate of ownership in such form, as may be prescribed, to any person who, in his opinion is in lawful possession of any wild animal or any animal article, trophy, uncured trophy and may, where possible, mark, in the prescribed manner, such animal article, trophy or uncured trophy for purposes of identification.

Regulation of transfer of animal etc.--

1. (1) Subject to the provisions of sub-section (2), sub-section
2. (3) and sub-section
3. (4) a person (other than a dealer) who does not possess a certificate of ownership shall not--
   • (a) sell or offer for sale or transfer whether by way of sale, gift or otherwise any wild animal specified in Schedule I or Part II of Schedule II or any captive animal belonging to that category or any animal article, trophy, uncured trophy derived therefrom ;
   • (b) make animal articles of such animal ;
   • (c) put under a process of taxidermy, any such animal ; except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
4. (2) Where a person transfers from the State any such animal, animal article, trophy or uncured trophy as is referred to in sub-section
5. (1) in respect of which he possesses a certificate of ownership, shall, within thirty days of the transfer, report the transfer to the Chief Wild Life Warden or the authorised officer.
6. (3) No person who does not possess a certificate of ownership shall acquire by transfer from outside the State any such animal, animal article, trophy or uncured trophy as is referred to in sub-section
7. (1) except with the previous permission in writing of the Chief Wild Life Warden or the authorised officer.
8. (4) Before granting any permission under sub-section
9. (1) or sub-section
10. (3) the Chief Wild Life Warden or the authorised officer shall satisfy himself that the animal or article referred to therein has been lawfully acquired.
11. (5) While permitting the transfer of any animal, captive animal, animal article, trophy or uncured trophy, as is referred to in sub-section
12. (1) the Chief Wild Life Warden or the authorised officer--
    • (a) shall issue a certificate of ownership after making such inquiry as he may deem fit ;
    • (b) shall, where the certificate of ownership existed in the name of the previous owner, issue a fresh certificate of ownership in the name of the person to whom the transfer has been effected ;
    • (c) may affix an identification mark on any such animal, animal article, trophy or uncured trophy.
13. (6) Nothing in this section shall apply--
    • (a) to animal articles or trophies made out of feathers of peacocks ;
    • (b) to any transaction entered into by a public museum or zoo with any other public museum or zoo.

Dealings in trophy and animal articles without licence prohibited.--

1. (1) Except under, and in accordance with, a licence granted under sub-section
2. (4) no person shall--
   • (a) commence or carry on the business as--
     • (i) a manufacturer of or dealer in, any animal article ; or
     • (ii) a taxidermist ; or
     • (iii) a dealer in trophy or uncured trophy ; or
     • (iv) a dealer in captive animals ; or
     • (v) a dealer in meat ; or
     • (vi) an exhibition of captive animals specified in Schedules I and II ; or
   • (b) cook or serve meat in any eating house ; or
   • (c) carry on a business of circus or exhibition of captive animals for the purpose of performance : Provided that nothing in this sub-section shall prevent a person, who immediately before the commencement of this Act was carrying on the business or occupation specified in this sub-section from carrying on such business or occupation for a period of thirty 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 : Provided further that nothing in this sub-section shall apply to manufacturers of and dealers in, articles made of ivory and feathers of peacocks. Explanation.--For the purpose of this section, "eating-house" includes a hotel, restaurant, house-boat or any other place where any eatable is served on payment, whether or not such payment is separately made for such eatable or is included in the amount charged for board and lodging.
3. (2) Every manufacturer of, or dealer in, animal article, or every dealer in captive animals, trophies or uncured trophies or every taxidermist shall, within forty-five days from the commencement of this Act, declare to the Chief Wild Life Warden his stocks of animals, articles, captive animals, trophies and uncured trophies, as the case may be, on the date of such declaration and the Chief Wild Life Warden or the authorised officer shall place an identification mark on every animal article, captive animal, trophy or uncured trophy, as the case may be.
4. (3) Every person referred to in sub-section
5. (1) who intends to obtain a licence, shall, within forty-five days from the commencement of this Act, make an application to the Chief Wild Life Warden or the authorised officer for the grant of a licence. (4)
   • (a) Every application referred to in sub-section
6. (3) shall be made in such form and on payment of such fee as may be prescribed, to the Chief Wild Life Warden or the authorised officer.
   • (b) No licence referred to in sub-section
7. (1) shall be granted unless the Chief Wild Life Warden, or the authorised officer having regard to such matters as may be prescribed in this behalf and after making such inquiry in respect of those matters, is satisfied that the licence should be granted.
8. (5) Every licence granted under this section shall specify the premises in which and the conditions, if any, subject to which the licensee shall carry on his business.
9. (6) Every licence granted under this section shall--
   • (a) be valid for one year from the date of its grant ;
   • (b) not be transferable ; and
   • (c) be renewable for a period not exceeding one year at a time.
10. (7) No application for the renewal of a licence shall be rejected unless the holder of such licence has been given a reasonable opportunity of presenting his case and unless the Chief Wild Life Warden or the authorised officer is satisfied that--
    • (i) the application for such renewal has been made after the expiry of the period specified therefor ; or
    • (ii) any statement made by the applicant at the time of the grant or renewal of the licence was materially false or incorrect in any particulars ; or
    • (iii) the applicant has contravened any term or condition of the licence or any provision of this Act or any rule made thereunder ; or
    • (iv) the applicant does not fulfil the prescribed conditions.
11. (8) Every order granting or rejecting an application for the grant or renewal of a licence shall be made and reasons therefor recorded in writing.
12. (9) Nothing in the foregoing sub-sections shall apply in relation to vermin.

Suspension or cancellation of licences.--Subject to any general or special order of the Government, Chief Wild Life Warden or the authorised officer may, for reasons to be recorded by him in writing suspend or cancel any licence granted or renewed under section 43 :

Appeal Appeal.--

1. (1) An appeal from an order refusing to grant or renew a licence under section 43 or an order suspending or cancelling a licence under section 44 shall lie--
   • (a) if the order is made by the authorised officer, to the Chief Wild Life Warden ; or
   • (b) if the order is made by the Chief Wild Life Warden, to the Government.
2. (2) In the case of an order passed in appeal by the Chief Wild Life Warden under clause
   • (a) of sub-section
3. (1) a second appeal shall lie to the Government.
4. (3) Subject as aforesaid, every order passed in appeal under this section shall be final.
5. (4) An appeal under this section shall be preferred within thirty days from the date of the communication, to the applicant, of the order appealed against : Provided that the appellate authority may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

Maintenance of records.--A licensee under this chapter shall--

1. (a) keep records and submit such returns of his dealings as may be prescribed to the Chief Wild Life Warden or the authorised officer ; and
2. (b) make such records available on demand for inspection by such officers.

Purchase of animal etc. by licensee.--No licensee under this chapter shall--

1. (a) keep in his control, custody or possession--
   • (i) any animal, animal article, trophy or uncured trophy in respect of which a declaration under the provisions of sub-section

1. (2) of section 43 has to be made but has not been made ;
   • (ii) any animal or animal article, trophy, uncured trophy or meat which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder ; (b)
   • (i) capture any wild animal ; or
   • (ii) acquire, receive, keep in his control, custody or possession, or sell, offer for sale or transfer, any captive animal, animal article, trophy, uncured trophy or meat, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act.

Omission of section 52, Act VIII of 1978.--Section 52 of the principal Act shall be omitted.

Amendment of section 53, Act VIII of 1978.--In section 53 of the principal Act, for the words "sanctuary, national park, game reserves or a closed area" and "six months, or with fine not exceeding five hundred rupees, or with both", the words "protected area" and "three years but shall not be less than six months and with fine which may extend to twenty thousand rupees but shall not be less than ten thousand rupees", shall respectively be substituted.

Prevention and Detection of Offences

Insertion of section 53A, sebtion 53B. section 53C and section 53D in Act VIII of 19f8.-After section 53 of the principal Act, the following sections shall be inserted, namely :- "53A. Power to remove encroachments. -

1. (1) Notwithstanding anything contained in any othei law for the time bein8 in fora, any person who unauthorizedly takes or &ns in possession of any land in areas declared as protected area under rhis Act, may without prejudice to any other provision of this Act, be swnmafily ejected by'. an order of an offiwr not below the rank of Deputy Conservator of Forests or Wildlife Wad not below the rank of Regiod Wildlife Widen d any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him witbin such time as Forest Officer or Wildfih Warden may fix, shafl be fbrfkited : Provided that no order of em under this section shell be passed unless the persun proposed to be q&med\ is given . reaso&le opportunity of showiag cau& as to wby such order should not be passed.
2. (2) Any property so forfeited &dl be dism off in such manner as the Forest Gf&qtr or W~Mlife Wardal may direct and the cost of removal of any cfdp or buikiing or other work and, dl of all works nesessarq; to restore the land to its original condition shall be recoverabie &om such person in the maum provided in section 53B.
3. (3) Any person abrieved by an order of tbc Faert Otticol or Wildlife Warden under stib-wSio11
   • (I) may, with in such period and in such manner as may be grmcrikd, appeal against such order to the Cbief WIW WaFdca and the order of the Forest Ofiw or Wiidlifk W* shall, wbjact to the decision of such appeal, be W.
4. (4) The provisions of this sectioa &all apply my other pernalty tha! may be imposed fot viddon of my other provision of this Act. "53B. Compembtion for loss or damage.-Any persoa who causes any toss or damage to any praWtd area or encroaches .upon such area shill be liable to compensate the available undir this section shall be without prejudig and in addition to any remedy that the Government may havekunder any law in this regard. "53C. Recovery of dues. money payable to the Government under this Act any rule made thereunder, or on account of price produce or expenses incurred in the in respect of such produce, shall if recovered under the law for the time were an arrear of land revenue. "53D. Offences . non-bailabi#.-Notwithstanding anything contained in this Act or any bther law for the time being in force all offences under this A& other than those compoundable under section 46 'shall be non&ailable, and sothing in section 497A .of bode of Criminal Procedu~, Samvat 1989 shall apply to ?fences undkr .this Act.".

Insertion of sections 54A an4 54B. in Act VIII of 2978.-Afizr section 54, of the principal Acq, the following sections shall be inserted, namely :- "54A. Penalty /or forcibly okposng seizure.--Any person who opposes the seizure of toolsi arms, boats, .carts, equipments ropes, chains, mechines, vehich, or live-stock liable to be seized under this Act or forcfbly recovers the same after seizure shall be punishable with imprisonment for a term which may extend to thrce years but skiall not be less than six months and with fine which may extedd to ten thousand rupees but shall not be less than five thbusand rupees.". '3 4B. Penalties for non-co&liance.-Any person who wiifully neglects to give infornJation or to render assistance which he is bound to give or rbnder under this Act shall be liable, on conviction by the Judibial Magistrate of First Class, to fine not exceeding five tho sand rupees or in default of payment of such fie to sirnplj imprisonment for a term not exceeding six months.".

Amendment of section 56, Act t211 of 1978.-In section 56 of h principal Act,-

1. (a) in sub-section (I),-
   • (i) fix the words "any officer of a rsnk ]lot inferior to that of an Assistant Conservator of Forests"the words "any officer not below the rank of Assistam Wildlifk Warden or Assistant Conservator of Forests" shall be substituted ; and
   • (ii) in clause (b), for the words "as liable" the words "is liable" shall be substituted ;
2. (b) in sub-don (4), for the words '%me thousand rupees" the words "fifteen thousand rupees" shall be sutr'stituted.

~ubstirut& of section 57, Act YII of 1978.-For section 57 of the principal Act, the following section shaIl be substituted, namely :- "57. Rewards.-

1. (1) When a court imposes a sentence of fme or a sentence of which fure fonns ,a part, the court miiy when passing judgment, order that the reward I be paid to a person who rendered assistance in the detection of the oflbce or the apprehension of the offenders out of the proceeds of fine not exceeding twenty per cent of such fine.
2. (2) When a case is compounded under &n 56, the officer compounding may order reward to be paid to a person who rendered assistance in the ddon of the offence or the apprehension of the oEbnders out of the sum of money aqxpted by way of composition not exceeding twenty per cent of such money.
3. (3) Notwithstanding anything contained in sub-section
4. (1) aad sub-section (2), the Chief Wildlifk Warden may order payment of reward not exceeding rupees two thousand and five hundred to be paid to the persons who rendered assistance in the detection of offence leading,to seziuh or apprehension of an offknder in such manner as may be prescribed. ".

Amendment of section 58, A& VIII of 1978.-The full-stop at the end of section 58 of thei principal Act, shall be substituted by a colon and thereafter the fdllowing proviso shall be added, namely :- " Provided that a Court may take+gnizance of such any offence on the complaint of any per@ who has given notice of not less than sixty days, in the qanner prescribed, of the alleged offence and of his intention ;to make a complaint, to the Government or the officer mthorised as af~resaid.".

Substitution of section 60, Act n@ of 1978.-For section 60 of the principal Act, following sectidn shall be substituted, namely :- "68. Presumption to be -madel in certain cases.-Where, in any prosecution for an 'offence under this Act, it is established that a person is in posksslon, custody or control of any captive animal, animal articlb, meat, trophy, uncured trophy, forest produce, specified plat, or part or derivative thereoE, it shall be presumed, until t$e contrary is proved by the accused, that.such person is in unlbwful possession, custody or control of such captive animal, &d article, meat, trophy, uncured trophy, forest produce, s&ifie$ plant, or part or derivative thereof.".

Insertion of section 6OA in AN YrPI of 1978.-After section 50 of the principal Act, the following !section shall be inserted, namely :- "60A. Penalties for breach of brher provisiomsa-bny person breaking any provision of this Act for the'biePeh of whi& no special penalty is provided; sbdl be bepunis& with the imprisonment for a term which extend td t+va years but shall not be less six mo as8 with fim WGC~ may extend to ten thousand rupees bbt shall not be less than five thousand rupees.".

Substitutton of Schedules in Act LMII of 1978.-For the Schedule I, Schedule 11, Schedule EU, Scqule IV and Schedule V

of the principal Act, the following Schedules shall be substituted,

namely :-

Mammals Andarnan wild pig (Sus seroficandamanensis) Bharal (Ovis nahura) Binturong (Arctictis binturong) Blackbuck (Antelope cervicapra) Brow-antlered deer or tharnin (Cervus eldi) Himalayan brown bear (Ursus arctos) Capped langur (Presbytis pileatus) Caracal (Felis caracal) Catacean spp. Cheetah (Acinonyx jubatus) Chinese pangolin (Manis pentadactyla) Chinkara or Indian gazelle (Gazella gazella bennettl) Clouded leopard (Neofelis nebulosa) Crab-eating macaque (Macaca irus umbrosa) Desert cat (Felis libyca) Desert fox Pulpes bucopus) Dugong (Dugong dugon) Ermine (Mustela erminea) Fishing cat (Felis viverrina) Four-horned antelope (Tetraceros quadricornis) Gangetic dolphin (Platanista gangetica) Gaur or Indian bison (Bos gaurus) Golden cat (Felis temmincki) Golden langur (Presbytis geei) Goral (Nemorhaedus goral) Giant squirrel (Ratufa macroura) Himalayan ibex (Capra ibex) Himalayan tahr (Hemitragus jemlahicus) Hispid hare (Caprolagus hispidus) Hog badger a (Acctonyx collaris) Hoolock gibbon mylobates hoolockJ Indian elephant (Elephas maxims) Indian lion (Panthera leo persico) Indian wild ass (Equus hemionus khur) Indian wolf (Canis lupus pallipes) Kashmir stag (Cems elaphus handlu) Lesrf monkey (Presbytis phayrei) Leopard or panther (Panthera par*) Leopard cat (Felis bengalensis) Lesser or red panda (Ailurus ful&) Lion-tailed macaque (Macaca silend) Loris (Loris tardigradus) Little Indian porpoise Peomeris phqcaenoides) Lynx (Felis lynx isabellinus) Malabar civet (Piverra megaspila) Malay or sun bear (Helarctos rnalaianus) Marbled cat (Felis rnarmorata) Markhor (Capra falconeri) Mouse deer (Tragulus meminna) Musk deer (Mbschus moschiferus) Nilgiri langur (Presbytis johni) Nilgiri tahr (Hemitragus hylocrius) Nayan or great Tibetan sheep (Ovis amnron hodgstmi) Pallas's cat (Felis manul) Panghoglin (Manis crassicaudata) Pygmy hog (Sus salvanius) Ratel (Uellivora capensis) Indian one-homed rhinoceros (Ithino& unicornis) Rusty-spotted cat (Felis rubiginosa) Serow (Capricornis sumatraensis) Clawless otter (Aonyx cinema) Sloth bear (Uelursus ursinus) Slow loris (Nyeticebus coveang) Snow leopard (Panthem uncia) Small Travancore flying squid (Petinomys fiscopapillw) Snubfin dolphin (Omella bmimstris) Spotted linsang (Prionodon padicolor) Swamp deer (all sub-species of Cervus duvauceli) Talcin or ~isbmi takin (Budom tmfwlor) Tibetan antelope or chiru (Panthelops hodgsoni)] Tibetan fox (Mtlpes firrilatus) Ttbetan gazelle (Pmcapra pictiarudata) Tibetan wild ass (Epus hemiom kiang) Tibetan wolf (Canis hpus chanco) Tiger (Panthera tigris) Urial or shapu (014s vigrrei)- Wild buao (Bubalus buklis) Wild yak (&s gnmnienr) PART 11 Amphibians and Reptiles Audithia turtle (Pelochelys bibmni) Barred, oval, or yellow monitor lizard (Yurams flave~~) Crocodiles (including the estuarine or saltwater crocodile) (CmcodiIw pomsus and C?vcodihs pafwtris) Terrapin (aatagur bash) Eastern hill tenapin (Melano&fp tricarimta) Ggnees soft-shelled turtle (7Monyx gangencw) GW (~crvia~is gungetion) Golden gccko (Caloductyloides sum) Green sea turtle (Chelonia my&) Whbill nvtle (~mtrnochel~s imbrfcuta imbricata) Peacock-marked dft-shelled turtle (7Monyx hurum) Pythons (Genus Othon) Sail terrapin (fichugo kachuga) Spotted bl@s ' terrapin (Geoclemyj tutmiltoni) PART 1111 Andaman teal (Anus gibberifmns albogularis) Assam bamboo partridge (@mbusicola Ifltchii) Barheaded goose (Anser indieus) Black partridge (~rancolinul francolinus) Bazas (Aviceda jerdoni andl Aviceda leuphotes) Bengal florican (Eupodotis iongalensis) Black and yellow grosbeak k~erissos~ira ictemid,s) Blacknecked crane (Grus n4gricollis) Blood pheasants (Ithaginis cyuentus tibetanus, I.c.kuseri) Cheer pheasant (Catreus wal{ichi) Common shelduck (Tadornu jtadorna! Common swallow (Hi rundo *wtica) Cotton teal (Nettapus coromgnlincus) Eastern white stork (Ciconia I ciconia boyciana) Fantail snipe (Gallinago galllinago) Fire-capped tit warbler (Cepha~PPYrus flammfceps flommiceps) Fortst spotted owlet (Athene iblewitti) Frogmouths (Genus batrachojtomus) Guganey (Anas querquedula4 Gder (?Merges merganserj Greatcrested grebe (Podiceps cristatus cristarus) Great Indian bustard (Choriotfs nigriceps) Great Indian hornbill (Buceros, bicornis) Hawks Uam. Accipitridae) Himalayan barred owlet (Glaqcidium cuculoides) Himalayan goldcrest (Regulus J regulus himalay&nsis) Himalayan golden eagle (~~ui~a chrysattas dephanqa) Himalayan paradise flycather (Tekpsiphone paradis leucogaster) Himalayan treepie (Dendmcitta forntosa occfdontalico) Hooded cram (Gus monacha) Hombills (Ptilouemus .tickelli austeni, Ac4rvs nipalensis, Rhyticems undulatus ticehursti) Houbara bustared (Chlamyiotis unrhrlata) Hwne's bar-backed pheasant fsLrm4ticus humiae) Indian purple moorhen (Porphyris prphyrio pliocephalw) Indian sarus crane (Grus antigone antigome) Indian sparrow hawk (Accipiter nisusmelanoschistos) Indian pied hornbill (Anthracoceros mabba&cuq) Jerdon's courser (Cursorius bitorquams) Lammergeier (Gypcretw barbafars) Large faicons (Falco peregrims, E biarmicus. E chlccpem) Large whistling teal (Dendmqgrw bicolo~) Ladakh partridge (Perdix hodgsdae camganae) Laage camorant (Phalacmvrax carboniger) Large spotted nutcracker (Nuclfraga caryocatactts multipunctata) Little carmorant (Phaiacrocorax niger) Lesser florican (Sypheoffdes indicq) Mona1 pheasants (Lophophortrs impjamis, Lsckrterij Mountain quail (Ophtysia supemiliosa) Narcondarn hombill (Rhyticarar (tuuhlatus) nadmi) Nicobar megapode (Uegapodfus freyimet) Nicsbar pigeon (Coloenas nicobarica pelewensis) Night heron (Nycticorax nyctjcorax) Orange Bullfinch (Pyrrhlrla arrrantiuca) Osprey (Pandion haliaetus) Osprey or Fish eating eagle (Pandion haliaetus) Palids fishing eagfe (Haliaeetus ieucoratum) Peacock pheasants (Polyplectron bicalcaratum) Peafowl (Pavo cristarrrs) Pheasant-tailed jacana mudroP~asianus chlrugu) Pink-headcd duck (Rhodonessa 1 caryophyllacea) Red crested pochard (Netta rujna) Ruddy shelduck. (Tadorna ferdginea) Scalater's Wnal (Lophophorus 1 sclateri) Scaly beHieu green woodpecker i (Picus squamahts) Shaheen falcon (Falco peri gri)rus pere grinus) Siberian white crane (~rus' leu@ogeranus) Spotted forktail (Enicurus macdatus) Tibetan sandgrouse (Syrrhaptes i tibetanus) Tibetan snow cock (~etrao~allj tibetanus) Tragopan pheasants (Tragopan m#lanocephalus, T. blythii, T. satyra, T. ' remminckii) Yellow bellied blue magpie (Cis~a flavirostris) White-bellied sea eagle (Haliaer(us leucogaster) Whitebreasted dipper (Cinclus qnclus cashmeriensis) White crested Kaleej Pheasaqt (Lophura leucomelana hamittonii) 75. White Eye (Zusterps pal'brosq occidentis) 76. White eyed, ~ocha'rd (Aythya npa) 77. White- pheasqnt (Crrossopci(on crvssoptilon) 78. White s+rbill (PQtalea leum&iia) 79. White-winged -wood- buck (cai& seutalata) 80. Woodcock (Scolopag nrsticola) PART IV Crustacea ad Ibsects 1. Butterflies and Moths Family Amathusidae Cumbon English name Discophoru deo deo DU& banded Discophora sandaiea muscina ~z@i& common Faunis fhnula faunuloides alli id &a Family Danaidae Danaus gautama gautamoides llgers Euploea crameri nicevillei Cmw, spotted black Euploea midamus roepstorfti Cmw, blue-spotted Family Lycaenidae Allotinus drumila Darkie, crenulate/great Allotinus jbbius penormis Angled darkie Amblopla m'diena Hairstreak, Chinese Amblypodfa ace arata Leaf blue Amblypodia alea constanceae Rosy oakblue Amblypoldia ammon ariel Malayan bush blue Amblypodia arvina ardea Purple brown tailless ~akblue Amblypodia asopia Phin tailles oakblue Amblypodia comica Comic oakblue Amblypodia opalina Opal oakblue Amblypodia zeta Andaman tailles oakblue Biduanda melisa qwna Blue posy Callophyrs leechii Hairstreak, ferruginous Castalius msimon alarbus Pierrot, common Charana cepheis Mandarin blue, Cachar Chlioria othom Tit, orchid Deudoryx epijarbas amatius Comelian, scarce Everes momi Cupied, Moore t Gerydw biggsii Biggh brownie Gerydus symethus diopeithes Great brownie Heliophorus hybrida Sapphires Horaga albi~cula Onyxes Janrides ferrarl Caeruleans Liphyra brassolis Butterjl~ moth Listeria dudgeni Ljster S hairstreok Logania Watsoniana subfascaite Mottle. Watson k Lycaenopsis binghami Hedge blue Lycaenopsis haraldus ananga Hedge blue, Felder Lycaenopsis purpa prominem Common! hedge blue Lycaenopsis guadriplaga dohertyi Nags hhge blue Nacaduba noreia hampsonii ~ineb1ue.j white-tipped Polymmatus orbitulus leela Greenish 1 mountain blue Pratapa icetas mishmia Royal, dark blue Simiskina phalena harferti Briliiant,' boardlanded Sinthusa virgo Spark, dale Spindasis elwesi Szlverlind Elwes 's Spisrdasis rukmini Siiverline, khaki Strymonidia mackwoodi Hairstreijk, Mackwood $ Tajuria ister Royal, wcertain Tajuria luculentus Royal, Qhinese Tajuria yajna yajna Royal, c~estnut and black Thecla ataxus zulla Wondirrfdl hairstreak Thecla biet~ menlera Indian @rple hairstreak Thecla letha Watson b hairstreak Thecla pona Paona hoirstreak Thecla pavo Peacock i hairstreak Virachola smilis Guava blues Family Nyrnphalidae Apatura ulupi ulupi Emperor; tawny Rrgynnis hegemone Silver-waShed fritillary Calinaga buddha Freak Charaxes durnfordi nicholi Rajah, chestnut Cirrochma fasciata Yeomen Diagora niceviliei Siren, scBrce Dilipa morgiana Emperor, golden Doleschallia bisaltide andamana At?mrm Ipgf Eriboea moorf sandakanus Malayan nnwab Eriboea schreiberd Biue nawb Eulaceura manipurensis Emperor. ' Tytler f Euthalia durga splendens Barons/C$lcnts/Duchesses Euthalia iva Duke, grbnd Euthalia ktrama curv~ascia Duke, Naga Euthalia telchinia Baron, blue Helcyra hemina Emperor, white Hypolimnas missips Eggfly, danaid Limenitis austenia purpurascens Commodm, grey Limenitis zulema Admirals Melitaea shandura Fritillaries/Srlwrstnpes Neptis a~tiiope Sailer, veriegated Neptis aspasia Sailer, great hockeystick Neptis col~mella kankena Sailer; short-banded Neptis cydippe kirbariensis Sailer, Chinese yellow Neptis ebusa Sailer, lascar Neptis jumbah binghami Sailer; chestnut stneaked Neptis manasa Sailer, pale hockeystick Neptis nyctens Sailer, hockeystick Neptis poona Lascar; Dlerk Neptis sanhra Sailer, broad-banded Panthoporia jina jina Bhutan sergeant Panthoporia reta moorei Malay staf sergeant Prothoe franckii regalis Begum, blue Sasakia funebr?~ Empress Sephisa chandra Courtier; eastern Symbrenthia silana Jester, scarce Yonessa antiopa yednula Ahirables Fpnily Papilionidae Chilasa clytia clytia _f: commixtus Common mime Papilio elephenor Spangle, yellow-cmsted Papilio Iiomedon allowt tail, Malabaf bandsd Parnassius aeco geminifer Apollo ~arnassiw delphius Banded apollo Parnassius hannyngtoni Hannyngton k apollo Parnassius imperator augustus Impcrial apllo Parnassius stoliczkanus Ladakh banded apollo Polydorus coonsambilanga Common clubtail Polydorus crassipes Black I windmill Polydorus hector Crimspn rose Polydorus nevilli will b windmi N Polydorus plutonius pembertoni Chine$e windmill Polydorus polla Denicbylle $ windmill Family Pieridae Aporia harrietae harrietae Black veins Baltia butleri sikkima mite butterfly Colias colias thrasibulus Cloudid yellows Colias dubi Dwarf clouded yellow Delias sanaea Jezebel, pale Pieris krueperi devta Buttedy cabbagelWhite I' Family Satyriidae Coelities nothis adamsoni Cat S pye, scarce Cyllogenes janetae Evenink brown, scarce Elrnnias peali Palmfrj, Peal S Elrnnias penanga philansis PalmP$ painted Erabia annada annada Aps, I ringed Erabia narasingha narasingha Argus, I mottled Lethe distans Forest* scarce red Lethe dura gammiee Lilacfik, scarce Lethe eumpa tamuna Bambob tree brown Lethe gemina gafiri Tjtlerg tree bmn Lethe gutuihal guluihl Forestdr; dull Lethe margaritae Tree bbwn, Bhutan Lethe ocellata lyncus Mystic, i dismal Lethe ramadeva Silvers(ripe, single Lethe satyabati Foreste); pallid Mycalesis orseis mtilus Bush qmwn, purple Parargemenava ' maeroides .Wall &rk Yothima dohertyf persimilis Five ribg, great Coconut or Rubber crab (Biqpa latro) i Dragonfly (Epoplebia laidlawi)

1. Fivestriped palm squirrel (Funambulus pennunti) 2. Ham (Black Naped, Common Indian, Desert, Himalaym mouse hare) 3. Hedgehog (Hemiechinus atiriw 4. Indian porcupine (Hystrix indica)] 5. Mangooses (all species of genus Herpestes)] 6. Polecats (Hormela peregusm, Mustela putorius)] 7. Birds 2[(other than those which appear in other Schedules)]: 1. Avadavat (Estrildinae) 2. Avocet (Recurvirostridae) 3. Babblers (Timaliinae) 4. Batbets (Capitonidae) Barnowls (Tytoninae) Bitterns (Ardeidae) Brown-headed gull (Lams bmnnicephalus) Bulbuls (Pycnonotidae) Buntings (Emberizidae) Bustards (~tididae) Bustardquails (Turnicidae) Chloropsis (Irenidae) Comb duck (Sarkidiomis melanotos) Coots (Rallidae) 15. Cormorants (Phalacrocoraciidae) 16. Cranes (Gruidae) 17. Cuckoos (Cuculidae) 18. Curlews (Scolopacinae) 19. Darters (Phalacrocoracidae) 20. Doves including the Emerald dove (Columbidae) 21. Drongos (Dicruridae) 22. Ducks (Anatidae) 23. Egrets (Ardeidae) 24. Fairy bluebirds (Irenidae) 25. Falcons (Falconidae), except the heen and peregrine falcons (Falco peregrinus), the s$er and laggar falcons (F.biarmicus), and the redheaded metlin (F. chicquera) 26. Finches including the cMnch (~rinl/illidae) 27. Flamingos (Phoenicopterjdae) 28. Flowerpeckers (Dicaeidae) 29. Flycatchers (Muscicapidae) 30. Geese (Anatidae) 31. Goldfmches and allies (Carduelinae) 32. Grebes (Podicipitidae) 33. Herons (Ardeidae) 34. Ibises (Threskiomithidae) 35. Ioras (Irenidae) 36. Jays (Corvidae) 37. Jacanas (Jacanidae) 38. Junglefowl (Phasianidae) 39. Kingfishers (Alcedhidae) 40. Larks (Alaudidae) 41. Lorikeets (Psittacdae) 42. Magpies including the Hunting magpie (Corvidpe) 43. Mannikins (Estrildinae) 44. Megapodes (Megapodidae) 45. Minivets (Campephagidae) 46. Munias (Estrildinae) 47. Mynas (Sturnidae) 48. Nightjars (Caprimulgidae) 49. Orioles (Oriolidae) 50. Owls (Strigidae) 51. Oy&ercatchers (Haematopodidae) 52. Parakeets (Psittacidae) 53. Partridges (Phasianidae) 54. Pelicans (Pelecanidae) 55. Pheasants (Phasianidae) 56. Pigeons (Columbidae) except the Blue rock pigeon (Columba livia) 57. Pipits (Motacillidae) 58. Pittas (Pittidae) 59. Plovers (Chaiadriinace) 60. Quails (Phasianidae) 61. Rails (Rallidae) 62. Rollers or Blue jays (Coraciidae) 63. Sandgrouses (Pteroclididae) 64. Sandpipers (Swlopacinae) 65. Snipes (Scolapacinae) 66. Spurfowls (Phasianidae) 67. Starlings (Sturnidae) 68. Stone curlews (BurhinidrPe) 69. Storks (Ciconiidae) 70. Stilts (Recutviddae) 71. Sunbirds (Nectarhiidae) 72. Swans (sic) (Anatidae) 73. Teals (Anatidae) 74. Thrushes (Turdinae) 75. Tits (Paridat) 76. Tree pies (Corvidae) 77. Trogons (Trogonidae) 78. Vultures (Accipitridae) 79. Waxbills (Estrildinae) 80. Weaver birds or bayas (Ploceidae) 81. White-eyes (Zosteropidae) 82. Woodpeckers (Picidae) 83. Wrens (Troglodytidae) 8. Snakes 2[other than those species listed in Sch. I, Part I1 ; and Sch.11, Pt.11): (i) Amblycayhalidae (ii) Amilidae (iii) }i&e (iv) ~lubridae (v) Dasypeptidae (vi) Elapitlae (cobras, kraits, and wral snakes) (vii) auconidae (viii) Hydrophidae (freshwater and sea snakes) (ix) Ilysidae (x) Leptotyphlopidae (xi) Typhlopidae (xii) Uropeltidae (xiii) Viperidae (xiv) Xenopeltidae] 9. Freshwater frogs (Rana spp.) 10. Three-keeled turtle (Geomyda trihnata) 11. Tortoises (Tehdinidae,Tryonichidae) 12. Rvipamus twds ~e~to~h~~noide~ spp.) 13. Voles 14. Butterflies and moths: Family Danaidae Euploea core simulatrix Euploea crassa Euploea dioeletianus ramsahai Euploea mulciber Family Hesperiidae Baoris farri Hasora vitta Hyarotis adrastus Oriens concinna Pelopidas assamensis Pelopidas sinensis Polytrema discreta Polytrema rubricans Thoressa horiorei Family Lycaenidae Tarucus ananda Family Nymphalidae Euthalia lubentina Family Pigeridae Appias agathon ariaca Appians libythea Appias nem gulba Prioneris sita]

I. Aconitum deinorrhizum 2. Aconftum hetemphyllum (Pais) 3. Aconitum kashmirtctrm 4. Allium auriculatum 5. Allium loratum 6. Allfum mylef b 7. Alpfcarpw meeboldif 8. Amph f carpaea ammalus 9. Andmsace afwm 10. Angfopreris wcta I I. Andmsace mtrcmnifol fa 12. Arabis tenvwstris 13. Artemfsfa 4olfchocephla 14. Artemfsfa lkclrftfma (Morin) IS. Am& fa barrtkami f , 16. Artewia absfnthtum 17. Artemsia marftfmo 18. Ast~gtal~s anomalub 19. Aspagalus kkeri 20. 0.6~ aacumfmta 21. &op belladbnno ( 22. Berkfs begelfanu 23. Berberfs ~hmfrfama L 24. Babnls l~km 1,' 3- 25. Bergenfa ti&& '" f'b. Camx anulata 27. Camx atma ssp.pnlibta / 28. Cmx borlf 29. Carex AasIrmerfansfs 30. Calmrnrcrgmtfs decom • 31. Calamagmstts ' gahvalens fs 32. Calamagmstis stolfd~f 33. Catebtvsa qwtfco vu: 34. Catabmsella hfmalafca , 35. Cemstium thonff I 36. CMrflla setulosa 37. ColcIhrcum lwteunr (corn) ( 38. Coraflorhiuc trfpdcl % 39. Cotoneaster cashmeri~~~~fs 40. Cousinfa fahri i I f , I cyaa~ woad) Cymbidium mucmrkiton Cymbopogon ramnugaremis Cyprfpedium cordigerum Dutura stramonium Delphinium uncinatum Deyeuxia kashaeriana Dianthus cachmiricus D~anthtrs minimtts Dioscorea deltatdea (Krench, LobkhmhQ Draba dasyastra Elschltzia desa Ephedra gerardiana Epilobirtm glaciale 1 Equisettrm arvense Erophrla tenerrimma Eremtirus himalaicw Ertlophia hormusji Festuca lucida Fritillaria roylei Gas rroidia smbhanchoides Geranium tubemrip Hedysarum astragaloides He4ysamm cachmerianum Hedysarum microcalyx Hemclescm condieam Herminiurn duthei H'scyvrmus niger (8- bang) Iwptiens meeboldii Impatiens pahalgames~sis Indigo fe~a cedroruon Inulu racemosa (Poshkar) Iris milesii Lavetra kashmiriana (Rcdra kkaani) (360) ; I 75. Luctuca benthamii 1 76. Lactuca undulata 7 7. Lespedeza elegans I I 78. Lilium polyphyllum I I 79. Lophocloa clarkeana I 80. Meconopsis latifolia I 81. Nardostachys grandiflora i 82. Nepenthes khasiana (Pitcher pl/ant) 83. Orinus thomldii I 84. Paphiopedilium Spp (Ladies dijper orchid) 85. Papaver himaliacum 86. Physiochlaina praelata I I 8 7. ~icrorhi*a kurmoa 1 88. Picrorhiza kurrooa 89. Puccinellia kashmeriana 90. Puccinellia rhomsonii I 91. Podophyllum emodi (Bankakri) / 92. Podophylum hexandrum 93. Potentilla kashmirica I 94. Primula clarkei I 95. Rauvofia serpenrina 1 96. Renanrhera imschootiana (Red I vanda) 9 7. Rheum emodi 1 98. Rhamnella gilgitica I 99. Rhus punjabensis 1 b0. Saussurea atkizrsoni I I 101. Saussurea bracteata , 102. Saussurea clarkei i 103. Saussurea costus I 104. Saussum lappa (Kuth) i 105. Saussurea mylei I 106. Schizachryium impressum 1 I 10 7. Selaginella adunca I I I 108. Silene kunawarensis I Stellaria depressa Stipa chitralensis Taxus wallichiana Thermopsis inflata Tribulus terrestris Valeriana wallichii Vanda eoerulea (Blue Mcia benthmiana Mob himaiayensis vanda)

(See seaions 2, 7, 8, 9, 10, 3 Special Game. 1. Agra Monitor Lizard 2. Ben@ Porcupine (Athem Macrowus 3. Bifon or Giur (BOg Gaurus). 4. Capped Langur @wbytis Pileatus). 5. Crab-eating Macaque (Macaca Irus nmbrosa). 6. Dolphins (Dolphinus 13elph& platani& Gangetiea) 7. Fe Ret Badgers (Melogate 8, Flying Squirrels (MI species and Eupetaurus). . 9. Giant Squirrels (Ratufa 10. Himalipn Brown Ejear (Ursus Arctoss- ', 11. Himalayan Crestless P- (Hyq Wed-). + 12. Hog. Badger (Aracqx Cdlaris). :< . ..A '

Barking deer or muntjac (iUuntiacus muntjak) Chital or spotted deer (Axis axis) Gorals ,(Nemorhaedus goral, N. hodgsoni) Hog deer (Axis porcinus) Hyaena (H'ena hyaena) Nilgai (Boselaphus tragocamelus) Sambar (Cervus unicolor) Wild pig (Sus scrofa)

Vermin 1. Common crow 1. Fruit bats 3. Mice 4. Rats