MISCELLANEOUSCentral
Section 61 of The Wild Life (Protection) Act, 1972
- (1)The Central Government may, if it is of opinion that it is expedient so to do, by notification, 1[ 2[amend any Schedule or add] or delete any entry to or from any Schedule] or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another. 3 * * * *
- (3)On the issue of a notification under sub-section (1), 4*** the relevant Schedule shall be deemed to be altered accordingly, provided that every such alteration shall be without prejudice to anything done or omitted to be done before such alteration. 5* * * * * Provided that any such alteration made by the State Government, if it has been made with the previous consent of the Central Government, shall prevail in that State: Provided further that nothing in the foregoing proviso shall prevent the Central Government from modifying or cancelling, at any time, the alteration made by the State Government.
Summary
- The Central Government has the authority to change the Schedules of protected species.
- They can add new species to a Schedule or delete existing ones by official notice.
- Entries can also be moved between different Schedules or Parts within a Schedule.
- Once the official notice is issued, the Schedules are treated as if they have been updated.
- These changes do not affect any legal actions or omissions that happened before the update.
Practical examples
1Scientists discover that a specific type of lizard is rapidly disappearing. To provide it higher protection, the Central Government uses Section 61 to move it from Schedule II to Schedule I.
2The government decides that a common flower no longer needs strict trade monitoring. They use an official notification to delete it from Schedule III.
FAQ
1. Who has the power to change animal categories under Section 61 of The Wild Life (Protection) Act, 1972?
Under Section 61 of The Wild Life (Protection) Act, 1972, only the Central Government can amend or alter the Schedules.
2. Can the government move an animal from Schedule I to Schedule II under Section 61 of the law?
Yes, Section 61 of the law allows the government to transfer any entry from one Schedule to another.
3. Does a Schedule change affect past crimes under Section 61 of The Wild Life (Protection) Act, 1972?
No, Section 61 of The Wild Life (Protection) Act, 1972 says alterations are without prejudice to anything done or omitted before the change.
Test yourself
Q1.Under Section 61 of The Wild Life (Protection) Act, 1972, how does the government announce a change to the Schedules?
Q2.Which of these powers is NOT given to the Central Government under Section 61 of the wildlife law?
Q3.Under Section 61 of The Wild Life (Protection) Act, 1972, when is a Schedule considered to be officially altered?