GOI framed rules U/S 49M of Wild Life (Protection) Act 1972

Rules framed under Section 49M of the Wild Life (Protection) Act, 1972 (as amended in 2022)

06 MAR 2024

The Wild Life (Protection) Act, 1972 (53 of 1972), provides the legal framework for the protection of various species of wild animals, management of their habitat and also for the regulation and control of trade in the products derived from various parts of wild animals.

The Act was last amended in 2022. The Wild Life (Protection) Amendment Act, 2022 has come into force since 1st April 2023. Section 49 M of the Act provides for registration of possession, transfer and birth and reporting of death of living scheduled animal species which are listed in the Appendices of CITES and as such listed in the Schedule IV of the Wild Life (Protection) Act, 1972.

The Ministry of Environment, Forest and Climate Change has notified the Rules for Section 49 M vide Gazette Notification dated  28th February 2024.

All persons possessing a living specimen of an such animal species are required to apply for registrations of such possession within six months from the date of commencement of these rules and thereafter within thirty days of possession of such animal species to the concerned State Chief Wild Life Warden, through the PARIVESH 2.0 portal

Further, any transfer of possession and birth of offsprings of such specimen(s) shall also be registered and death of such specimen(s) shall be reported, to the concerned Chief Wild Life Warden through the said PARIVESH 2.0 portal by these Rules.

Read the notification

Excerpt

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION

New Delhi, the 28th February, 2024

G.S.R. 145(E).—In exercise of the powers conferred by clause (jv) of sub-section (1) of Section 63 of the Wild Life (Protection) Act, 1972 (53 of 1972), the Central Government hereby makes the following rules, namely:-

1. Short title and commencement.- (1) These rules may be called the Living Animal Species (Reporting and Registration) Rules, 2024.
   (2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.– In these rules, unless the context otherwise requires,-
   (a)“Act” means the Wild Life (Protection) Act, 1972 (53 of 1972);
   (b)“animal species” means any living specimens of any animal species listed in Schedule IV appended to the Act;
   (c)“Appendices” means Appendix I, Appendix II or Appendix III under Schedule IV appended to the Act;
   (d) “authorised officer” means an officer authorised under section 49M of the Act;
   (e)“facility” means any premise where animal species is housed;
   (f)“Form” means the form appended to these rules;
   (g)“transfer” means transfer of any animal species to any person, whether by way of gift, sale or otherwise;
   (h)“veterinary practitioner” means a person registered with the Veterinary Council of India established under the Indian Veterinary Council Act, 1984 (52 of 1984).
   (2) All other words and expressions used and not defined in these rules but defined in the Act shall have the same meanings assigned to them in the Act.

3. Application for registration of possession.-(1)Every person who is in possession of any animal species shall report the details thereof and make an application for registration electronically to the Management Authority or the authorised officer in Form I within a period of six months from the date of commencement of these rules and thereafter within thirty days of possession of such animal species.
   (2)Every application form shall be accompanied with a fee of one thousand rupees.
   (3) Where the animal species was acquired prior to the commencement of the Wild Life (Protection) Amendment Act, 2022, the application shall be accompanied with a declaration in this regard and the proof of the acquisition prior to such commencement.
   (4) Where the animal species was acquired on or after the commencement of the Wild Life (Protection) Amendment Act, 2022, the application shall be accompanied with.-
   (a) copy of import licence and CITES export permit or certificate granted under the Convention in case of acquisition through import;
   (b) copy of certificate of registration where applicable.
   (5) The applications received as per sub-rule (1) shall, if found complete in all respects, be forwarded by the Management Authority or the authorised officer within a period of fifteen days to the Deputy Conservator of Forests having jurisdiction over the area in which the facility is located
   (6) The Deputy Conservator of Forests shall, on receipt of the application under sub-rule (1), upon an inquiry and physical verification of the facility submit report in Form II within a period of thirty days to the Management Authority or the Authorised Officer, electronically.
   (7) On receipt of the report under sub-rule (2), the Management Authority or the authorised officer shall within a period of fifteen days issue a registration certificate to the applicant in Form III electronically.
4. Application for reporting and registration of birth .- (1) Every person who has been issued a registration certificate under sub-rule (7) of rule 3 for any animal species shall report the birth of an offspring of such animal species and apply for registration within a period of seven days of such birth to the Management Authority or the authorised officer in Form I electronically.
   (2)The application form shall be accompanied with a fee of one thousand rupees.
   (3) The applications received under sub-rule (1) shall, if found complete in all respects, be forwarded by the Management Authority or the authorised officer within a period of seven days to the Deputy Conservator of Forests having jurisdiction over the area in which the facility is located.

(4) The Deputy Conservator of Forests shall, on receipt of the application under sub-rule (1), upon an inquiry and physical verification of the offspring submit report in Form II within a period of fifteen days to the Management Authority or the authorised officer, electronically.
(5) On receipt of the report submitted under sub-rule (4), the Management Authority or the authorised officer shall within a period of seven days issue a registration certificate to the applicant in Form III electronically.

5. Application for reporting and registration of transfer .-(1) If any person, who has been issued a registration certificate in respect of an animal species under sub-rule (7) of rule 3 or sub-rule (5) of rule 4, transfers such animal species shall report in Form I to the Management Authority or the authorised officer within a period of fifteen days of such transfer.
   (2) The provisions of rule 3, shall, as far as may be, apply to the submission of application and the issuance of the registration certificate for possession of the animal species under this rule.
6. Manner for reporting death of animal species .- Every person who has been issued a registration certificate in respect of an animal species under sub-rule (7) of rule 3 or sub-rule (5) of rule 4 shall report the death of such animal species in Form I along with post mortem report issued by a veterinary practitioner .
7. Maintenance of stock:– (1) Every person to whom a registration certificate under these rules has been issued shall.-
   (a) comply with the provisions of Section 49 N of the Act and the rules made thereunder in case of captive breeding of animal species specified under Appendix I to the Schedule IV;
   (b) carry out health check-up of such animal species at least once in six months by a veterinary practitioner and maintain a record of its health in Form IV;
   (c) present for inspection the animal species at the facility and the records maintained in respect of the animal accordance with sub clause (b) to the forest officer having jurisdiction over the area as and when required;
   (d) ensure that the animal species does not escape from the facility;
   (e) inform any escape of the animal species to the nearest forest office having jurisdiction immediately and not later than twenty -four hours of such escape;
   (f) be liable for damages, if any, caused due to such an escape; and
   (g) not allow the animal species to mix or breed with indigenous animal species.
8. Rejection or cancellation of Registration Certificate.– (1)The Management Authority or the authorised officer, shall reject any application if not found complete in all respects.
   (2) The Management Authority or the authorised officer , if-
   (a) the provisions or resolutions of the Convention are not satisfied; or
   (b) any provisions of the Act or any rules made thereunder have not been complied with; or
   (c) a false information is furnished, may refuse after duly considering the recommendations in Form II or cancel the registration as the case may be,
   after providing the applicant with an opportunity of being heard.
9. Order to be signed and dated .- Every order of the Management Authority or the authorised officer shall be in writing and shall be signed and dated by him.
10. Appeal .- Any person aggrieved by the refusal of the Management Authority or the authorised officer, or cancellation of registration under rule 8 may prefer an appeal to the Central Government within a period of sixty days justifying the reasons for preferring an appeal.
11. Dealing with scheduled specimen -Any animal species in respect of which a registration certificate has not been granted or obtained shall be treated in accordance with section 49Q of the Act.

Read also

• Status Report of Snow Leopards in India (30/01/2024)
• Convention on International Trade in Endangered Species of Wild Fauna and Flora-Appendices
• Biodiversity: 1,02,718 species of fauna and 54,733 species of flora have been documented in 10 Indian biogeographic zones (07/08/2023)