Chapter IIIA of the Wild Life (Protection) Act, 1972
This chapter talks about the protection of specified plants under this Act. The list of Specified Plants is given under the Schedule VI of this Act.
Section 17A: This section explains that it is prohibited to pick, uproot, or any other damage done to the specified plants under the Schedules of this Act. Clause (a) says that no person is allowed to wilfully pick, uproot, damage, destroy, acquire, or collect any specified plants. The mentioned actions are prohibited at any forest land and any piece of land or area which is specifically notified by the Central Government.
Clause (b) of this section says that no person is allowed to possess, sell, or offer to sell, or by any method of transfer by giving a gift or any other way, or transport any of the specified plants no matter the plant being dead or alive. Even a part of the plant or the derivative of the plant is prohibited from the above-mentioned actions.
The actions mentioned in the section do not prevent the members of Scheduled Tribes, from picking, possessing, or collecting such plants in the area of their residence if it is done so in good faith for personal use.
Section 17B: This section talks about granting permission for special purposes. The Chief Wild Life Warden after taking prior permission from the State Government can grant permission to any person for doing the acts as mentioned in Section 17A (pick, uproot, acquire or collect) only for the purposes of
(a) education,
(b) scientific research,
(c) collecting, preserving, and displaying them in scientific institutions, or
(d) breeding of specimens by persons or any institution whose approval is granted by the Central Government.
Section 17C: This section says that it is prohibited to cultivate the specified plants if the person intended to do so is not a license holder.
Sub-section (1) of this section says that no person is allowed to cultivate any of the specified plants unless they have a license to do so which is granted by the Chief Wild Life Warden or by any other officer who is authorized by the State Government.
The exception here is that any person who was cultivating any specified plant before the commencement of the Wild Life (Protection) (Amendment) Act, 1991. Any person doing so should have made an application within 6 months from the commencement of the said Act for the grant of a license, and till the time such license is granted the person must be informed through a written notification that a license cannot be granted to him*.
Sub-section (2) of this section says that persons to license is granted must inform about the area where they are subject to cultivate such specified plants.
Section 17D: This section says that it is prohibited to have business dealings of the specified plants without a license.
Sub-section (1) says that no person is allowed to start or carry on a business or deal in any plant or its part or the derivatives of the plants in the list of specified plants mentioned under the Schedules. A person who is granted a license by the Chief Wild Life Warden or any officer authorized by the State Government can do so.
The exception here is that any person who was doing such business with any specified plant before the commencement of the Wild Life (Protection) (Amendment) Act, 1991. Any person doing so should have made an application within 6 months from the commencement of the said Act for the grant of a license, and till the time such license is granted the person must be informed through a written notification that a license cannot be granted to him*.
Sub-section (2) of this section says that persons to whom a license is granted must inform and specify the premises along with its conditions where they will carry on such business or occupation of a dealer.
Section 17E: This section demands the declaration of stock of the specified plants, or its part, or its derivative.
Sub-section (1) says that persons doing cultivation of such specified plants, or dealing with them must declare the stock of plants with them within 30 days of the commencement of the Wild Life (Protection) (Amendment) Act, 1991. Such declaration should be made to the Chief Wild Life Warden or any officer authorized by the State Government. The stock declaration should include every information about the stock of specified plants, or its part, or its derivatives.
Sub-section (2) says that the provisions of sub-sections (3) to (8) of sections 44, 45, 46, and 47 should be applied regarding the application made for the license as mentioned in sections 17C and 17D. This is required because they are applicable to the license or business for animals and articles of animals.
Section 17F: This section talks about what has to be done regarding the possession of the specified plants by the person who has acquired the license.
Sub-clause (i) of clause (a) says that persons with the license cannot keep under their control or custody or possess any of the plants specified, or its part, or its derivative if such persons have failed to make the declaration of stock as mentioned in Section 17E.
Sub-clause (ii) of clause (a) says that persons with the license cannot keep under their control or custody or possess any of the plants specified, or its part, or its derivative if such persons have illegally obtained those specified plants.
Sub-clause (i) of clause (b) says that persons without the license cannot pick, uproot, collect, or acquire any specified plant.
Sub-clause (ii) of clause (b) says that persons without the license cannot acquire, receive, keep under control, or custody or possess, or sell, or offer to sell or transport to some other place the specified plants, or its parts, or its derivatives.
Only those persons are allowed for the above-mentioned under clause (b) if they are granted a license accordingly.
Section 17G: This section says that no persons are allowed to buy, receive or acquire any of the specified plants, or their part, or its derivatives other than from a dealer who has the proper license to do so. The exception is this section is not applicable to the persons referred to under Section 17B.
Section 17H: This section says that the specified plants are Government property.
Sub-section (1) of this section says that if any offense against specified plants, their part, and their derivatives under this Act, or under any rule or under any order is committed, then such plants shall be the property of the State Government. If any specified plants, their part, and their derivatives acquired or collected from a National Park or Sanctuary declared by the Central Government, those plants shall then be the property of the Central Government.
Sub-section (2) of this section says that provisions of the sub-sections (2) and (3) of section 39 of this Act, are applicable.
*For clarification — permission is not granted to carry on the job until the application is approved. Once the application is approved the person has a license to do the work as mentioned in Section 17C and 17D.
