The Wild Life (Protection) Act 1972: The Officers and the Boards

In one line

Two officers who decide things and two boards that advise, and the board chaired by the Prime Minister is the one whose Standing Committee actually clears projects.

In the wording a student can write in an exam: section 3 empowers the Central Government to appoint a Director of Wild Life Preservation; section 4 empowers the State Government to appoint a Chief Wild Life Warden, Wild Life Wardens and Honorary Wild Life Wardens, all subordinate to the Chief Wild Life Warden; section 5A constitutes the National Board for Wild Life with the Prime Minister as Chairperson; section 5B allows it to constitute a Standing Committee; section 6 constitutes a State Board for Wild Life with the Chief Minister as Chairperson; and section 8 makes it the duty of the State Board to advise the State Government on protected areas, policy, amendment of a Schedule and harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life.

The two officers

Section 3, the Director. The Central Government may appoint a Director of Wild Life Preservation and such other officers and employees as may be necessary. In performing his duties the Director is subject to such general or special directions as the Central Government may give, and the officers appointed under the section assist him.

Section 4, the Chief Wild Life Warden. The State Government may appoint a Chief Wild Life Warden, Wild Life Wardens, Honorary Wild Life Wardens and such other officers as may be necessary; the Chief Wild Life Warden is subject to the State Government's general or special directions, and the Wild Life Warden, the Honorary Wild Life Warden and the other officers are subordinate to him.

The Chief Wild Life Warden is the decision-maker of this Act. He permits hunting under section 11, grants permits for special purposes under section 12, permits entry and destruction in a sanctuary, grants and cancels licences, issues certificates of ownership, and gives the permission section 39(3) requires. A student who can name that list has understood the Act's architecture.

Section 5, delegation. The Director may delegate his powers to a subordinate with the previous approval of the Central Government; the Chief Wild Life Warden may delegate his with the previous approval of the State Government, except those under section 11(1)(a). A person exercising a delegated power does so as if the power had been conferred on him directly by the Act.

Note the one non-delegable power. Section 11(1)(a) is the permission to kill a wild animal specified in Schedule I which has become dangerous to human life or is so disabled or diseased as to be beyond recovery. The gravest decision in the Act stays with the Chief Wild Life Warden personally.