Sections 38A to 38K: The Central Zoo Authority and the Recognition of a Zoo

In one line

A zoo may not operate without recognition, and the body that recognises it also sets the standards it must meet.

In exam wording: section 38A of the Wild Life (Protection) Act 1972 requires the Central Government to constitute the Central Zoo Authority, consisting of a chairperson, not more than ten members and a Member-Secretary, all appointed by that Government; section 38B provides for their term, not exceeding three years, for resignation and for removal on stated grounds after a reasonable opportunity of being heard, and provides that no act or proceeding of the Authority shall be questioned or be invalid merely on the ground of a vacancy or defect in its constitution; section 38C lists its functions, which include specifying the minimum standards for housing, upkeep and veterinary care of animals kept in a zoo, evaluating and assessing the functioning of zoos, recognising or derecognising zoos, identifying endangered species for captive breeding and assigning responsibility to a zoo, coordinating acquisition, exchange and loaning of animals for breeding, ensuring maintenance of stud-books, and coordinating training and research.

Continued: section 38H provides that no zoo shall be operated without being recognised and that after the commencement of the Amendment Act of 2002 no zoo shall be established without the prior approval of the Authority; section 38-I forbids a zoo to acquire, sell or transfer a wild or captive animal specified in Schedule I except with the previous permission of the Authority, or any wild or captive animal except from or to a recognised zoo, with a proviso for a conservation breeding centre; and section 38J prohibits any person from teasing, molesting, injuring or feeding any animal, or causing disturbance to the animals by noise or otherwise, or littering the grounds, in a zoo.

What a zoo is in law

Clause (39) of section 2. A zoo means an establishment, whether stationary or mobile, where captive animals are kept for exhibiting to the public or ex-situ conservation, and includes a circus and off-exhibit facilities such as rescue centres and conservation breeding centres, but does not include an establishment of a licensed dealer in captive animals.

Four things follow.

A circus is a zoo for the purposes of the Act, so it needs recognition. Clause (7A) defines a circus as an establishment, stationary or mobile, where animals are kept or used wholly or mainly for performing tricks or manoeuvres.

A rescue centre and a conservation breeding centre are zoos, even though they do not exhibit.

Ex-situ conservation is a statutory purpose of a zoo, which is the link to article 9 of the Convention on Biological Diversity 1992 and to section 36 of the Biological Diversity Act 2002.