The Wild Life (Protection) Amendment Act 2006

THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2006 
(ACT No. 39 OF 2006) 
AN 
ACT 
further to amend the Wild Life (Protection) Act, 1972. 
BE it enacted by Parliament in the Fifty-seventh Ye ar of the Republic of 
India as follows:— 
 
1) This Act may be called the Wild Life (Protection) Amendment Act, 2006. 
 
(2) It shall come into force on such date as the Central Government may, 
by notification in the Official Gazette, appoint. 
 
2. — After Chapter IVA of the Wild Life (Protection) Act, 1972 (53 of 1972) 
(hereinafter referred to as the principal Act), the following Chapters shall be 
inserted, namely:— 
 
CHAPTER IVB 
NATIONAL TIGER CONSERVATION AUTHORITY 
 
38K. In this Chapter,— 
(a) “National Tiger Conservation Authority” means t he Tiger Conservation 
Authority constituted under section 38L; 
 
(b) “Steering Committee” means the Committee consti tuted under section 
38U; 
 
(c) “Tiger Conservation Foundation” means the found ation established 
under section 38X; 
 
(d) “Tiger Reserve State” means a state having tige r reserve; 
 
(e) “Tiger Reserve” means the area notified as such  under section 38V. 
 
38L.  (1) The Central Government shall constitute a body to be known as the 
National Tiger Conservation Authority (hereinafter in this Chapter referred 
to as the Tiger Conservation Authority), to exercise the powers conferred on, 
and to perform the functions assigned to it under this Act. 
 
(2) The Tiger Conservation Authority shall consist of the following 
members, namely:,— 
 
(a) the Minister in charge of the Ministry of Envir onment and Forests—
Chairperson; 
 
(b) the Minister of State in the Ministry of Enviro nment and Forests—Vice 
Chairperson; 
 
(c) three members of Parliament of whom two shall be elected by the House 
of the People and one by the Council of States; 
 
 
(d) Eight experts or professionals having prescribe d qualifications and 
experience in conservation of wild life and welfare  of people living in tiger 
reserve out of which at least two shall be from the field of tribal evelopment; 
 
(e) Secretary, Ministry of Environment and Forests; 
 
(f) Director General of Forests and Special Secreta ry, Ministry of 
Environment and Forests; 
 
(g) Director, Wild Life Preservation, Ministry of Environment and Forests; 
 
(h) six Chief Wild Life Wardens from the tiger rese rve States in rotation for 
three years; 
 
(i) an officer not below the rank of Joint Secretar y and Legislative Counsel 
from the Ministry of Law and Justice; 
 
(j) Secretary, Ministry of Tribal Affairs; 
 
(k) Secretary, Ministry of Social Justice and Empowerment; 
 
(l) Chairperson, National Commission for the Scheduled Tribes; 
 
(m) Chairperson, National Commission for the Scheduled Castes; 
 
(n) Secretary, Ministry of Panchayati Raj; 
 
(o) Inspector General of Forests or an officer of t he equivalent rank having 
at least ten years experience in a tiger reserve or  wildlife management, who 
shall be the Member-Secretary, to be notified by th e Central Government, in 
the Official Gazette. 
 
(3) It is hereby declared that the office of member  of the Tiger Conservation 
Authority shall not disqualify its holder for being  chosen as, or for being, a 
member of either House of Parliament. 
 
38M..—(1) A member nominated under clause (d) of sub -section (2) of 
section 38L shall hold office for such period not exceeding three years: 
 
Provided that a member may, by writing under his hand addressed to 
the Central Government, resign from his office. 
 
(2) The Central Government shall remove a member referred to in clause 
(d) of sub-section (2) of section 38L, from office if he— 
(a) is,  or at any time has been, adjudicated as insolvent; 
 
(b) has been convicted of an offence which, in the opinion of the 
Central Government, involves moral turpitude; 
 
(c) is of unsound mind and stands so declared by a competent 
court; 
 
(d) refuses to act or becomes incapable of acting; 
 
(e) is, without obtaining leave of absence from the Tiger Conservation 
Authority, absent from three consecutive meetings of the said Authority; or 
 
(f) has, in the opinion of the Central Government, so abused his 
position as to render his continuation in office detrimental to the public 
interest: 
 
Provided that no member shall be removed under this sub-section 
unless he has been given a reasonable opportunity of being heard in the 
matter. 
 
(3) Any vacancy in the office of a member shall be filled by fresh 
appointment and such member shall continue for the remainder of the term 
of the member in whose place he is appointed. 
 
(4) The salaries and allowances and other conditions of appointment of 
the members of the Tiger Conservation Authority shall be such as may be 
prescribed. 
 
(5) No act or proceeding of the Tiger Conservation Authority shall be 
questioned or shall be invalid on the ground merely of the existence of any 
vacancy or defect in the constitution of the Tiger Conservation Authority. 
 
38N. —(1) The Tiger Conservation Authority may, with  the previous 
anction of the Central Government, appoint such other officers and 
employees as it considers necessary for the efficient discharge of its 
functions under this Act: 
 
Provided that the officers and employees holding office under the 
Directorate of Project Tiger and dealing with Project Tiger immediately 
before the date of constitution of the Tiger Conservation Authority shall 
continue to hold office in the said Authority by the same tenure and upon the 
same terms and conditions of service or until the expiry of the period of six 
months from that date if such employee opts not to be employee of that 
Authority. 
 
(2) The terms and conditions of service of the officers and other 
employees of the Tiger Conservation Authority shall be such as may be 
prescribed. 
 
38O. (1) The Tiger Conservation Authority shall have the following powers 
and perform the following functions, namely:— 
 
(a) to approve the Tiger Conservation Plan prepared by the State 
Government under sub-section (3) of section 38V of this Act; 
 
 
(b) evaluate and assess various aspects of sustainable ecology and disallow 
any ecologically unsustainable land use such as, mining, industry and other 
projects within the tiger reserves; 
 
(c) lay down normative standards for tourism activities and guidelines for 
project tiger from time to time for tiger conservation in the buffer and core 
area of tiger reserves and ensure their due compliance; 
 
(d) provide for management focus and measures for addressing conflicts of 
men and wild animals and to emphasise on co-existence in forest areas 
outside the National Parks, sanctuaries or tiger reserve, in the working plan 
code; 
 
(e) provide information on protection measures including future 
conservation plan, estimation of population of tiger and its natural prey 
species, status of habitats, disease surveillance, mortality survey, patrolling, 
reports on untoward happenings and such other management aspects as it 
may deem fit including future plan conservation;  
 
(f) approve, co-ordinate research and monitoring on tiger, co-predators, prey, 
habitat, related ecological and socio-economic parameters and their 
evaluation; 
 
(g) ensure that the tiger reserves and areas linking one protected area or tiger 
reserve with another protected area or tiger reserve are not diverted for 
ecologically unsustainable uses, except in public interest and with the 
approval of the National Board for Wild Life and on the advice of the Tiger 
Conservation Authority;  
 
(h) facilitate and support the tiger reserve management in the State for 
biodiversity conservation initiatives through eco-development and people’s 
participation as per approved management plans and to support similar 
initiatives in adjoining areas consistent with the Central and State laws; 
 
(i) ensure critical support including scientific, information technology and 
legal support for better implementation of the tiger conservation plan; 
(j) facilitate ongoing capacity building programme for skill development of 
officers and staff of tiger reserves; and  
 
 
(k) perform such other functions as may be necessary to carry out  the 
purposes of this Act with regard to conservation of tigers and their 
habitat. 
 
(2) The Tiger Conservation Authority may, in the exercise of its powers 
and performance of its functions under this Chapter, issue directions in 
writing to any person, officer or authority for the protection of tiger or tiger 
reserves and such person, officer or authority shall be bound to comply with 
the directions: 
 
Provided that no such direction shall interfere with or affect the rights of 
local people particularly the Scheduled Tribes. 
 
38P. (1) The Tiger Conservation Authority shall meet at such time and at 
such place as the Chairperson may think fit. 
 
(2) The Chairperson or in his absence the Vice-Chairperson shall preside 
over the meetings of the Tiger Conservation Authority 
 
(3) The Tiger Conservation Authority shall regulate its own procedure. 
 
(4) All orders and decisions of the Tiger conservation Authority shall be 
authenticated by the Member-Secretary or any other officer of the said 
authority duly authorised by the Member-Secretary in this behalf. 
 
38Q. (1) The Central Government may, after due appropriation made by 
Parliament by law in this behalf, make to the Tiger Conservation Authority 
grants and loans of such sums of money as that Government may consider 
necessary. 
 
(2) There shall be constituted a fund to be called the Tiger Conservation 
Authority Fund and there shall be credited thereto— 
 
(i) any grants and loans made to the Tiger Conservation Authority 
by the Central Government; 
 
(ii) all fees and charges received by the Tiger Conservation Authority under 
this Act; and 
 
(iii) all sums received by the Authority from such other sources as may be 
decided upon by the Central Government. 
 
(3) The fund referred to in sub-section (2) shall be applied for meeting 
salary, allowances and other remuneration of the members, officers and 
other employees of the Tiger Conservation Authority and the expenses of the 
Tiger Conservation Authority incurred in the discharge of its functions under  
this Chapter. 
 
38R. (1) The Tiger Conservation Authority shall maintain proper accounts 
and other relevant record sand prepare an annual statement of accounts in 
such form as may be prescribed by the Central Government in consultation 
with the Comptroller and Auditor-General of India. 
 
(2) The accounts of the Tiger Conservation Authority shall be audited 
by the Comptroller and Auditor-General of India at such intervals as may be 
specified by him and any expenditure incurred in connection with such audit 
shall be payable by the Tiger Conservation Authority to the Comptroller and 
Auditor-General of India. 
 
(3) The Comptroller and Auditor-General of India and any other person 
appointed by him in connection with the audit of the accounts of the Tiger 
Conservation Authority shall have the same rights and privileges and 
authority in connection with such audit as the Comptroller and Auditor-
General generally has in connection with the audit of the Government 
accounts and, in particular, shall have the right to demand the production of 
books, accounts, connected vouchers and other documents and papers and to 
inspect the office of the Tiger Conservation Authority. 
 
(4) The Accounts of the Tiger Conservation Authority as certified by the 
Comptroller and Auditor-General of India or any other person appointed by 
him in this behalf together with the audit report thereon, shall be forwarded 
annually to the Central Government by the Tiger Conservation Authority. 
 
38S.—The Tiger conservation Authority shall prepare in such form and at 
such time, for each financial year, as may be prescribed, its annual report, 
giving a full account of its activities during the previous financial year and 
forward a copy therof to the Central Government. 
 
 
38T.—The Central Government shall cause the annual r eport together with a 
memorandum of action taken on the recommendations contained therin, in 
so far as they relate to the Central Government, and the reasons for the non-
acceptance, if any, of any of such recommendations, and the audit report to 
be laid, as soon as may be after the reports are received, before each House 
of Parliament. 
 
38U.—(1) The state Government may constitute a Steer ing Committee for 
ensuring co-ordination, monitoring, protection and conservation of tiger, co-
predators and prey animals within the tiger range States. 
 
(2) The Steering Committee shall consists of— 
 
(a) the Chief Minister—Chairperson; 
 
(b) the Minister in-charge of Wild Life—Vice-Chairpe rson; 
 
(c) Such number of official members not exceeding five including 
at least two Field Directors of tiger reserve or Director of National Park 
and one from the State Government’s Departments dealing with tribal 
affairs; 
 
(d) three experts or professionals having qualifications and 
experience in conservation of wild life of which at least one shall be from 
the field of tribal development; 
 
(e) two members from the State’s Tribal Advisory Council; 
 
(f) one representative each from State Government’s Departments 
dealing with Panchayati Raj and Social Justice and Empowerment; 
 
(g) Chief Wild Life Warden of the State shall be the Member- 
Secretary,  to be notified by the State Government, in the Official Gazette. 
 
38V. (1) The State Government shall, on the recommendation of the Tiger 
Conservation Authority, notify an area as a tigerreserve. 
 
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) 
and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 of 
this Act shall, as far as may be, apply in relation to a tiger reserve as they 
apply in relation to a sanctuary. 
 
(3) The State Government shall prepare a Tiger Conservation Plan 
including staff development and deployment plan for the proper 
management of each area referred to in sub-section (1), so as to ensure— 
 
(a) protection of tiger reserve and providing site specific habitat 
inputs for a viable population of tigers co-predators and prey animals 
without distorting the natural prey-predator ecological cycle in the habitat; 
 
(b) ecologically compatible land uses in the tiger reserves and 
areas linking one protected area or tiger reserve with another for 
addressing the livelihood concerns of local people, so as to provide 
dispersal habitats and corridor for spill over population of wild animals 
from the designated core areas of tiger reserves or from tiger breeding 
habitats within other protected areas; 
 
(c) the forestry operations of regular forest divisions and those 
adjoining tiger reserves are not incompatiable with the needs of tiger 
conservation. 
 
(4) Subject to the provisions contained in this Act, the State 
Government shall while preparing a Tiger Conservation Plan, ensure the 
agricultural, livelihood, developmental and other interests of the people 
living in tiger bearing forests or a tiger reserve. 
 
Explanation.— For the purposes of this Section, the expression “t iger 
reserve” includes— 
 
(i) core or critical tiger habitat areas of National Parks and 
sanctuaries, where it has been extablished, on the basis of scientific and 
objective criteria, that such areas are required to be kept as inviolate for 
the purposes of tiger conservation, without affecting the rights of the 
Scheduled Tribes or such other forest dwellers, and notified as such by 
the State Government in consultation with an Expert Committee 
constituted for the purpose; 
 
(ii) buffer or peripheral area consisting of the area peripheral to 
critical tiger habitat or core area, identified and established in accordance 
with the provisions contained in Explanation (i) above, where a lesser 
degree of habitat protection is required to ensure the integrity of the 
critical tiger habitat with adequqte dispersal for tiger species, and which 
aim at promoting co-existence between wildlife and human activity with 
due recognition of the livelihood, developmental, social and cultural 
rights of the local people, wherein the limits of such areas are determined 
on the basis of scientific and objective criteria in consulation with the 
concerned Gram Sabha and an Expert Committee constituted for the 
purpose. 
 
(5) Save as for voluntary relocation on mutually agreed terms and 
conditions, provided that such terms and conditions satisfiy the requirements 
laid down in this sub-section, no Scheduled Tribes or other forest dwellers 
shall be resettled or have their rights adversely affected for the purpose of 
creating inviolate areas for tiger conservation unless— 
 
(i) the process of recognition and determination of rights and 
acquisition of land or forest rights of the Scheduled Tribes and such 
other forest dwelling persons is complete; 
 
(ii) the concerned agencies of the State Government, in exercise of 
their powers under this Act, establishes with the consent of the 
Scheduled Tribes and such other forest dwellers in the area, and in 
consulation with an ecological and social scientist familiar with the area, 
that the activities of the Scheduled Tribes and other forest dwellers or 
the impact of their presence upon wild animals is sufficient to cause 
irreversible damage and shall threaten the existence of tigers and their 
habitat; 
 
 (iii) the State Government, after obtaining the consent of the 
Scheduled Tribes and other forest dwellers inhabiting the area, and in 
consulation with an independent ecological and social scientist familiar 
with the area, has come to a conclusion that other reasonable options of 
co-existence, are not available; 
 
(iv) resettlement or alternative package has been prepared providing 
for livelihood for the affected individuals and communities and fulfils the 
requirements given in the National Relief and Rehabilitation Policy; 
(v) the informed consent of the Gram Sabha concerned, and of the 
persons affected, to the resettlement programme has been obtained; and 
(vi) the facilities and land allocation at the resettlement location are 
provided under the said programme, otherwise their existing rights shall 
not be interfered with. 
 
38W. (1) No alteration in the boundaries of a tiger reserve shall be made 
except on a recommendation of the Tiger Conservation authority and the 
approval of the National Board for Wild Life. 
 
(2) No State Government shall de-notify a tiger reserve, except in public 
interest with the approval of the Tiger Conservation Authority and the 
National Board for Wild Life. 
38X. (1) The State Government shall establish a Tiger Conservation 
Foundation for tiger reserves within the State in order to facilitate and 
support their management for conservation of tiger and biodiversity and, to 
take initiatives in eco-development by involvement of people in such 
development process. 
 
(2) The Tiger Conservation Foundation shall, inter alia have the 
following objective:— 
 
(a) to facilitate ecological, economic, social and cultural 
development in the tiger reserves; 
 
(b) to promote eco-tourism with the involvement of local stakeholder 
communities and provide support to safeguard the natural 
environment in the tiger reserves; 
 
(c) to facilitate the creation of, and or maintenance of, such assets 
as may be necessary for fulfilling the above said objectives; 
 
(d) to solicit technical, financial, social, legal and other support 
required for the activities of the Foundation for achieving the above said 
objectives; 
 
(e) to augment and mobilise financial resources including recycling of entry 
and such other fees received in a tiger reserve, to foster stake-holder 
development and eco-tourism; 
 
(f) to support research, environmental education and training in 
the above related fields. 
CHAPTER IVC 
TIGER AND OTHER ENDANGERED SPECIES CRIME CONTROL 
BUREAU 
38Y. The Central Government may, for the purposes of this Act, by order 
published in the Official Gazette, constitute a Tiger and other Endangered 
Species Crime Control Bureau to be known as the Wildlife Crime Control 
Bureau consisting of— 
 
(a) the Director of Wildlife Preservation—Director ex-officio; 
 
(b) the Inspector General of Police—Additional Direc tor; 
 
(c) the Deputy Inspector-General of Police—Joint Dir ector; 
 
(d) the Deputy Inspector-General of Forest—Joint Dir ector; 
 
(e) the Additional Commissioner (Customs and Central Excise)— 
Joint Director and; 
 
(f) Such other officers as may be appointed from amongst the 
officers covered under sections 3 and 4 of this Act. 
 
38Z. (1) Subject to the provisions of this Act, the Wildlife Crime Control 
Bureau shall take measures with respect to— 
 
(i) collect and collate intelligence releated to organized wildlife 
crime activities and to disseminate the same to State and other 
enforcement agencies for immediate action so as to apprehend the 
criminals and to establish a centralised wildlife crime data bank; 
 
(ii) co-ordination of actions by various officers, State 
Governments and other authorities in connection with the enforcement of 
the provisons of this Act, either directly or through regional and border 
units set up by the Bureau; 
 
 (iii) implementation of obligations under the various international 
Conventions and protocols that are in force at present or which may be 
ratified or acceded to by India in future; 
 
(iv) assistance to concerned authorities in foreign countries and 
concerned international organisations to facilitate co-ordination and 
universal action for wildlife crime control; 
 
(v) develop infrastructure and capacity building for scientific and 
professional investigation into wildlife crimes and assist State 
Governments to ensure success in prosecutions related to wildlife crimes; 
 
(vi) advice the Government of India on issues relating to wildlife 
crimes having national and international ramifications, and suggest 
changes required in relevant policy and laws from time to time. 
 
(2) The Wildlife Crime Control Bureau shall exercise— 
 
(i) such powers as may be delegated to it under sub-section (1) 
of section 5; sub-sections (1) and (8) of section 50 and section 55 of this 
Act; and 
 
(ii) Such other powers as may be prescribed.”. 
 
3. — In section 51 of the principal Act, after subsection(1B), the following 
sub-sections shall be inserted, namely:— 
 
“(IC) Any person, who commits an offence in relatio n to the core 
area of a tiger reserve or where the offence relate to hunting in the tiger 
reserve or altering the boundaries of the tiger reserve, such offence shall 
be punishable on first conviction with imprisonment for a term which 
shall not be less than three years but may extend to seven years, and 
also with fine which shall not be less than fifty thousand rupees but may 
extend to two lakh rupees; and in the event of a second or subsequent 
conviction with imprisonment for a term of not less than seven years and 
also with fine which shall not be less than five lakh rupees but may 
extend to fifty lakh rupees. 
 
(ID) Whoever, abets any offence punishable under sub-section 
(IC) shall, if the act abetted is committed in consequence of the abetment, 
be punishable with the punishment provided for that offence.”. 
 
4. In section 55 of the principal Act, after clause (aa), the following clauses 
shall be inserted, namely:— 
 
“(ab) Member-Secretary, Tiger Conservation Authorit y; or 
 
(ac) Director of the concerned tiger reserve; or”. 
5. In section 59 of the principal Act, after the word, figures and letter 
“Chapter IVA”, the word, figures and letter “Chapte r 
IVB” shall be inserted. 
 
6. In section 60 of the principal Act, in subsection (3), after the word, figures 
and letter “Chapter IVA”, the word, figures and let ter “Chapter IVB” shall 
be inserted; 
 
7. In section 63 of the principal Act, in subsection (1), after clause (g), the 
following clauses shall be inserted, namely:— 
 
“(gi) qualification and experience of experts or pr ofessionals under 
clause (d) of sub-section (2) of section 38-I; 
 
(gii) the salaries and allowances and other conditions of 
appointment of the members under sub-section (4) of section 38M; 
 
(giii) the terms and conditions of service of the officers and other 
employees of the tiger Conservation Authority under sub-section (2) of 
section 38N; 
 
(giv) the form in which the annual statement of accounts of Tiger 
Conservation Authoritry shall be prepared under sub-section(1) of section 
38R; 
 
(gv) the form in which and the time at which the annual report of 
Tiger Conservation Authority shall be prepared under section 38S; 
 
(gvi) other powers of the Wildlife Crime Control Bureau under 
clause (ii) of sub-section (2) of section 38Z.”. 
 
    K.N CHATURVEDI 
   Secy to the Govt of India 
 

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