Chapter II AUTHORITIES TO BE APPOINTED OR CONSTITUTES UNDER THE ACT

1. (1) The Central Government may, for the purposes of this Act, appoint,--
   • (a) A Director of Wild Life Preservation; 1* * * * *
   • (c) such other officers and employees as may be necessary.
2. (2) In the performance of his duties and exercise of his powers by or under this Act, the Director shall be subject to such general or special directions, as the Central Government may, from time to time, give. 2[(3) The officers and other employees appointed under this section shall be required to assist the Director.]

1. (1) The State Government May, for the purpose of this Act, appoint,--
   • (a) a Chief Wild Life Warden;
   • (b) Wild Life Wardens; 1*** 2[(bb) Honorary Wild Life Wardens;]
   • (c) such other officers and employees as may be necessary.
2. (2) In the performance of his duties and exercise of his powers by or under this Act, the Chief Wild Life Warden shall be subject to such general or special directions, as the State Government may from time to time, give.
3. (3) 3[The Wild Life Warden, the Honorary Wild Life Warden] and other officers and employees appointed under this section shall be subordinate to the Chief Wild Life Warden.

1. (1) The Director may, with the previous approval of the Central Government, by order in writing, delegate all or any of his powers and duties under this Act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order.
2. (2) The Chief Wild Life Warden may, with the previous approval of the State 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 (1) of section 11, to any officer subordinate to him subject to such conditions, if any, as may be specified in the order.
3. (3) Subject to any general or special direction given or condition imposed by the Director or the Chief Wild Life Warden, any person, authorised by the Director or 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[5A. Constitution of the National Board for Wild Life.-- ( (1) The Central Government shall, within three months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), constitute the National Board for Wild Lifeconsisting of the following members, namely:--

1. (a) the Prime Minister as Chairperson;
2. (b) the Minister in-charge of Forests and Wild Life as Vice-Chairperson;
3. (c) three members of Parliament of whom two shall be from the House of the People and one from the Council of States; 2[(d) Member, NITI Aayog in-charge of Environment, Forest and Climate Change;]
4. (e) five persons to represent non-governmental organizations to be nominated by the Central Government;
5. (f) ten persons to be nominated by the Central Government from amongst eminent conservationists, ecologists and environmentalists;
6. (g) the Secretary to the Government of India in-charge of the Ministry or Department of the Central Government dealing with Forests and Wild Life;
7. (h) the Chief of the Army Staff;
   • (i) the Secretary to the Government of India in-charge of the Ministry of Defence;
8. (j) the Secretary to the Government of India in-charge of the Ministry of Information and Broadcasting;
9. (k) the Secretary to the Government of India in-charge of the Department of Expenditure, Ministry of Finance;
10. (l) the Secretary to the Government of India, Ministry of Tribal Welfare;
11. (m) the Director-General of Forests in the Ministry or Department of the Central Government dealing with Forests and Wild Life;
12. (n) the Director-General of Tourism, Government of India;
13. (o) the Director-General, Indian Council for Forestry Research and Education, Dehradun;
14. (p) the Director, Wild Life Institute of India, Dehradun;
15. (q) the Director, Zoological Survey of India;
16. (r) the Director, Botanical Survey of India;
17. (s) the Director, Indian Veterinary Research Institute;
18. (t) the Member-Secretary, Central Zoo Authority;
19. (u) the Director, National Institute of Oceanography;
    • (v) one representative each from ten States and Union territories by rotation, to be nominated by the Central Government;
20. (w) the Director of Wild Life Preservation who shall be the Member-Secretary of the National Board.

1. (2) The term of office of the members other than those who are members ex officio, the manner of filling vacancies referred to in clauses (e), (f) and (v) of sub-section (1), and the procedure to be followed in the discharge of their functions by the members of the National Board shall be such, as may be prescribed.
2. (3) The members (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.
3. (4) Notwithstanding anything contained in any other law for the time being in force, the office of a member of the National Board shall not be deemed to be an office of profit.]

1[5B. Standing Committee of the National Board.-- (1) The National Board may, in its discretion, constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to the Committee by the National Board.

1. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members to be nominated by the Vice-Chairperson from amongst the members of the National Board.
2. (3) The National Board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it.]

1[5C. Functions of the National Board.-- (1) It shall be the duty of the National Board to promote the conservation and development of wild life and forests by such measures as it thinks fit.

1. (2) Without prejudice to the generality of the foregoing provision, the measures referred to therein may provide for--
   • (a) framing policies and advising the Central Government and the State Governments on the ways and means of promoting wild life conservation and effectively controlling poaching and illegal trade of wild life and its products;
   • (b) making recommendations on the setting up of and management of national parks, sanctuaries and other protected areas and on matters relating to restriction of activities in those areas;
   • (c) carrying out or causing to be carried but impact assessment of various projects and activities on wild life or its habitat;
   • (d) reviewing from time to time, the progress in the field of wild life conservation in the country and suggesting measures for improvement thereto; and
   • (e) preparing and publishing a status report at least once in two years on wild life in the country.]

1[6. Constitution of State Board for Wild Life.-- (1) The State Government shall, within a period of six months from the date of commencement of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003) constitute a State Board for Wild Life consisting of the following members, namely:--

1. (a) the Chief Minister of the State and in case of the Union territory, either Chief Minister or Administrator, as the case may be - Chairperson;
2. (b) the Minister in-charge of Forests and Wild Life - Vice-Chairperson;
3. (c) three members of the State Legislature or in the case of a Union territory with Legislature, two members of the Legislative Assembly of that Union territory;
4. (d) three persons to represent non-governmental organizations dealing with wild life to be nominated by the State Government;
5. (e) ten persons to be nominated by the State Government from amongst eminent conservationists, ecologists and environmentalists including at least two representatives of the Scheduled Tribes;
6. (f) the Secretary to the State Government or the Government of the Union territory, as the case may be, in-charge of Forests and Wild Life;
7. (g) the Officer in-charge of the State Forest Department;
8. (h) the Secretary to the State Government, Department of Tribal Welfare;
   • (i) the Managing Director, State Tourism Development Corporation;
9. (j) an officer of the State Police Department not below the rank of Inspector-General;
10. (k) a representative of the Armed Forces not below the rank of a Brigadier to be nominated by the Central Government;.
11. (l) the Director, Department of Animal Husbandry of the State;
12. (m) the Director, Department of Fisheries of the State;
13. (n) an officer to be nominated by the Director, Wild Life Preservation;
14. (o) a representative of the Wild Life Institute of India, Dehradun;
15. (p) a representative of the Botanical Survey of India;
16. (q) a representative of the Zoological Survey of India;
17. (r) the Chief Wild Life Warden, who shall be the Member-Secretary.

1. (2) The term of office of the members other than those who are members ex officio and the manner of filling vacancies referred to in clauses (d) and (e) of sub-section (1) and procedure to be followed shall be such, as may be prescribed.
2. (3) The member (except members ex officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed.]

1[6A. Standing Committee of Board.--(1) The Board may constitute a Standing Committee for the purpose of exercising such powers and performing such duties as may be delegated to it by the Board.

1. (2) The Standing Committee shall consist of the Vice-Chairperson, the Member-Secretary, and not more than ten members, to be nominated by the Vice-Chairperson, from amongst the members of the Board.
2. (3) The Board or its Standing Committee referred to in sub-section (1) may, constitute committees, sub-committees or study groups, as may be necessary, from time-to-time, for proper discharge of the functions assigned to it.]

1. (1) The Board shall meet at least twice a year at such place as the State 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.

Duties of 1[State Board for Wild Life]-- It shall be the duty of 1[State Board for Wild Life] to advise the State Government,-- 2[(a) in the selection and management of areas to be declared as protected areas;] 3[(b) in formulation of the policy for protection and conservation of the wild life and specified plants;]

1. (c) in any matter relating to the amendment of any Schedule; 4*** 5[(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life; and]
2. (d) in any other matter connected with the protection of wild life, which may bereferred to it by the State Government.