Wild Life (Protection) Act, 1972
38H. Recognition of zoos
(1) No zoo shall be
operated without being recognized by the Authority:
Provided that a zoo being
operated immediately before the date of commencement of the Wild Life
(Protection) (Amendment) Act, 1991 may continue to operate without being
recognized for a period of 41[eighteen months from the date of such
commencement] and if the application seeking recognition is made within that
period, the zoo may continue to be operated until the said application is
finally decided or withdrawn and in case of refusal for a further period of six
months from the date of such refusal
(2) Every application
for recognition of a zoo shall be made to the Authority in such form and on
payment of such fee as may be prescribed.
(3) Every recognition
shall specify the conditions, if any, subject to which the applicant shall
operate the zoo.
(4) No recognition to
a zoo shall be granted unless the Authority, having due regard to the interests
of protection and conservation of wild life, and such standards, norms and
other matters as may be prescribed, is satisfied that recognition should be
granted.
(5) No application for
recognition of a zoo shall be rejected unless the applicant has been given a
reasonable opportunity of being heard.
(6) The Authority may,
for reasons to be recorded by it, suspend or cancel any recognition granted
under sub-section (4):
Provided that no such
suspension or cancellation shall be made except after giving the person
operating the zoo a reasonable opportunity of being heard.
(7) An appeal from an
order refusing to recognize a zoo under sub-section (5) or an order suspending
or canceling a recognition under sub-section (6) shall lie to the Central
Government.
(8) An appeal under
sub-section (7) shall be preferred within thirty days from the date of
communication to the applicant of the order appealed against:
Provided that the Central
Government may admit any appeal preferred after the expiry of the period
aforesaid if it is satisfied that the appellant had sufficient cause for not
preferring the appeal in time.