Sections 63 to 66: Rules, the Rights of Scheduled Tribes, and the Repeal

In one line

Two rule making powers, a saving for the Scheduled Tribes of one island group, and the repeal that turned every State's parks into this Act's parks.

In exam wording: section 63 of the Wild Life (Protection) Act 1972 confers on the Central Government the power to make rules for the listed matters, including the standards, norms and other matters to be considered for granting recognition to a zoo under sub-section (4) of section 38H; section 64 confers on the State Government the power to make rules for carrying out the provisions of the Act in respect of matters which do not fall within the purview of section 63, including the forms and fees for applications, certificates, claims, declarations, licences, permits, registrations and returns, the conditions of a licence or permit, the conditions subject to which officers will be authorised to file cases in court, the particulars of the record of wild animals captured or killed, the manner of immunisation of livestock, and the regulation of possession, transfer and sale of captive animals, meat, animal articles, trophies and uncured trophies and of taxidermy; section 65 provides that nothing in the Act shall affect the hunting rights conferred on the Scheduled Tribes of the Nicobar Islands in the Union territory of Andaman and Nicobar Islands by the notification of the Andaman and Nicobar Administration of 28 April 1967; and section 66 repeals every other Act in force in a State relating to any matter contained in this Act to the extent of correspondence or repugnancy, with four savings and with deeming provisions preserving what was done under the repealed Acts.

The two rule making powers

Section 63: the Central Government. Its list includes the conditions under which a licensee may keep a specified plant under section 17F; the term of office, filling of vacancies, procedure and allowances of the National Board under section 5A; the matters to be prescribed under clause (b) of sub-section (4) of section 44, that is, the further matters the licensing authority must consider; the salaries and conditions of the Central Zoo Authority's chairperson, members and member-secretary; the form of its annual accounts and report; the form and fee for an application for recognition of a zoo under section 38H(2); and the standards, norms and other matters to be considered for granting recognition under section 38H(4).

That last clause is the one to name. It is the power under which the Recognition of Zoo Rules 2009 were made, together with clause (f), and the notification recites both.

Section 64: the State Government. It may make rules for carrying out the provisions of the Act in respect of matters which do not fall within the purview of section 63.