Section 63 of The Wild Life (Protection) Act, 1972
1[(1) The Central Government may, by notification, make rules for all or any of the following matters, namely:--
- (a)conditions and other matters subject to which a licensee may keep any specified plant in his custody or possession under section17F; 2[(ai) the term of office of members other than those who are members ex officio; the manner of filling vacancies, the procedure to be followed by the National Board under sub-section (2) and allowances of those members under sub-section (3) of section 5A;] 3[(aa) the matters to be prescribed under clause (b) of sub-section (4) of section 44;]
- (b)the salaries, allowances and other conditions of appointment of chairperson, members and member-secretary under sub-section (5) of section 38B;
- (c)the terms and conditions of service of the officers and other employees of the Central Zoo Authority under sub-section (7) of section 38B;
- (d)the form in which the annual statement of accounts of the Central Zoo Authority shall be prepared under sub-section (4) of section 38E;
- (e)the form in which and the time at which the annual report of the Central Zoo Authority shall be prepared under section 38F;
- (f)the form in which and the fee required to be paid with the application for recognition of a zoo under sub-section (2) of section 38H;
- (g)the standards, norms and other matters to be considered for granting recognition under sub-section (4) of section 38H; 4[(gi) qualifications and experience of experts or professionals under clause (d) of sub-section (2) of section 38-1;
- (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 Authority 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 Wild Life Crime Control Bureau under clause (ii) of sub-section (2) of section 38Z.] 5[(gvii) the manner of disposal of Government property under sub-section (5) of section 39; (gviii) the terms and conditions of a transfer or transport of a captive elephant by a person having a valid certificate of ownership for a religious or any other purpose under the proviso to sub-section (2) of section 43;]
- (h)the form in which declaration shall be made under sub-section (2) of section 44;
- (i)the matters to be prescribed under Cl. (b) of sub-section (4) of section 44;
- (j)the terms and conditions which shall govern transaction referred to in clause (b) of section 48; 6[(ji) the terms and conditions of service including salaries and allowances for appointment of the officers and employees of the Management Authority under sub-section (4) of section 49E;
- (jii)the conditions and procedures subject to which any exemption provided for in Article VII of the Convention may be availed under sub-section (2) of section 49H;
- (jiii)the reporting of details of scheduled specimens and the transaction as per sub-section (3) of section 49H;
- (jiv)the form and manner of application, the fee payable, the conditions and the procedure to be followed under sub-section (5) of section 49H;
- (jv)the matters provided for in sub-sections (8) and (9) of section 49M;
- (jvi)the form and manner of the application, the fee payable, the form of licence and the procedure to be followed in granting or cancelling a licence as per sub-section (2) of section 49N;
- (jvii)the fee payable for renewal of licence as per sub-section (3), and manner of making appeal under sub-section (4), of section 49-O; (jviii) any other matter for proper implementation of the Convention as may be required under Chapter VB;]
- (k)the manner in which notice may be given by a person under clause (c) of section 55;
- (1)the matters specified in sub-section (2) of section 64 in so far as they relate to sanctuaries and National Parks declared by the Central Government.]
- (2)Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Summary
- The Central Government is authorized to create rules to fill in the administrative details of the wildlife law.
- It sets conditions and matters for how licensed persons handle specific protected plants.
- Rules cover various administrative topics like terms of office for National Board members and salaries for Zoo Authority staff.
- The rule-making power includes technical areas such as standards for zoo recognition and tiger conservation reports.
- Parliament has the power to modify or cancel any rule proposed by the government during this period.
Practical examples
FAQ
1. Can the Central Government make rules about how Government property is disposed of under the Wild Life (Protection) Act, 1972?
Yes, Section 63 of the Wild Life (Protection) Act, 1972 specifically mentions that the Central Government can make rules regarding the manner of disposal of Government property.
Test yourself
Q1.According to Section 63 of The Wild Life (Protection) Act, 1972, rules made by the Central Government must be laid before:
Q2.For what total period must a rule be laid before Parliament under Section 63 of The Wild Life (Protection) Act, 1972?
Q3.Under Section 63 of The Wild Life (Protection) Act, 1972, which of these is a matter the Central Government can make rules for?
Q4.If a rule is modified by Parliament under Section 63 of The Wild Life (Protection) Act, 1972, what is the status of actions already taken under the old rule?