Pakistan Trade Control of Wiled Fauna and Flora Act, 2012

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THE PAKISTAN TRADE CONTROL OF WILD FAUNA AND 
FLORA ACT, 2012 
 
 
 
   
CONTENTS  
1.  Short title, extent and commencement 
2.  Definitions 
3.  Prohibition of export, reexport and import and punishment for contravention 
4.  Cognizance of Offence 
5.  Export from Pakistan 
6.  Import into Pakistan 
7.  Re-export from Pakistan 
8.  Introduction from the sea 
9.  Export or re-export to or import from a state not a party to the convention 
10.  Transit or transshipment of specimens 
11.  Specimens that are personal or household effects 
12.  Export and import of specimens bred in captivity or artificially propagated 
13.  Non commercial loan, exchange etc 
14.  Waiver of requirements 
15.  Management Authority 
16.  Scientific authorities 
17.  Entry and release of wild exotic fauna and flora 
18.  Confiscation or return of specimens unlawfully traded 
19.  Confiscation of specimens possessed unlawfull 
 

 
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20.  Animals and plants etc., to be Government property 
21.  Arrangements for feeding and safe keeping 
22.  Maintenance of records 
23.  Officers to be public servants 
24.  Power to delegate 
25.  Bar of jurisdiction 
26.  Indemnity 
27.  Act to override other law 
29.  Removal of difficulties 
 
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THE PAKISTAN TRADE CONTROL OF WILD FAUNA AND FLORA ACT, 
2012 
ACT NO. XIV OF 2012 
An Act to give effect to the United Nations Convention on International Trade in Endangered Species 
of Wild/Fauna and flora 
 WHEREAS, Pakistan is a party to the United Nations Convention on International Trade in 
Endangered Species of Wild Fauna and flora. 
 AND WHEREAS, it is expedient to enable the Federal Government to give effect to the 
provisions of the Convention on International Trade in Endangered Species of Wild Fauna and flora. 
 It is hereby enacted as follows:— 
1. Short title, extent and commencement.—(1) This Act may be called the Pakistan Trade 
Control of Wild Fauna and flora Act, 2012. 
 (2) It extends to the whole of Pakistan. 
 (3) It shall come into force on such date as the Federal Government may by notification in 
the official Gazette, appoint. 
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 
(a)  “Convention” means the United Nations Convention on International Trade in 
Endangered Species of Wild Fauna and flora  1973 including such 
amendments made therein, which are accepted by Pakistan; 
(b) “designated authority” means a management authority designated by the 
Government of a State, other than Pakistan, for the purposes of the 
Convention; 
(c)  “exotic” means a wild animal or plant species introduced to an area outside of 
its natural occurrence; 
(d) “export” means taking out of Pakistan by land, sea or air; 
(e)  “indigenous” means a wild animal or plant species native to a specified area, a 
country or a region, but not introduced from an area of its natural Occurrence; 
(f) “Management Authority” means the authority constituted under Section 15; 
(g)  “person” includes legal or natural person, a company, association, a body of 
individuals whether incorporated or not; and 
(h)  “Scientific Authority” means the Authority designated under Section 16. 
 
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(i)  Then expressions used but not defined herein shall have the same meanings as 
are assigned to them in the Convention. 
3. Prohibition of export, re-export and import and punishment for contravention.—(1) 
No person shall export or re-export out of or import into Pakistan any specimen included in any 
Appendix of the Convention, except as provided under Section 5, 6, 7 and 9. Such export, re-export 
or import shall be through a customs port of exit or entry, and subject to any other law relating to 
control on export, re-export and import for the time being in force. 
 (2) Any person who attempts or abets to do anything which is prohibited under this Act rules 
made hereunder shall be liable to the same punishment as that of the offence under this Act. 
 (3) A person who presents, possesses or uses a false license or certificate shall be guilty of 
the offence specified in sub-section (2) and be liable for the same punishment as provided in sub-
section (5). 
 (4) Where an offence under this Act has been committed by a body corporate, and it is 
proved that such offence has been committed with the consent or connivance of or, to be attributable 
to any neglect on part of a director, manager, secretary or other officer of the body corporate or any 
person who was purporting to act in any such capacity, he as well as the body corporate shall be 
guilty of that offence and shall be liable to be proceeded against and punished accordingly. 
 (5) Any person who,— 
(a)  contravenes or resists or interferes with the enforcement of the provisions of 
this Act or any rule or order made there under; or 
(b)  in an application or in any proceedings under this Act furnishes or abets the 
furnishing of any information which he knows or has reason to believe to be 
false, or fraudulently conceals or misrepresents facts, or abets such 
concealment or misrepresentation. 
Shall be punished with imprisonment for a term which shall not be less than one year or more 
than two years or with fine which shall not be less than 0.500 million rupees or more than 1.000 
million rupees. 
4. Cognizance of Offence.—No Court shall take cognizance of any offence punishable under 
this Act except upon a complaint in writing made by a duly authorized officer of department or an 
officer designated by the Federal Government. 
5. Export  from Pakistan.—The export from Pakistan of any specimen included in any 
Appendix shall require valid export permit issued by the Management Authority. An export permit 
shall be granted on fulfill of the following conditions namely:— 
(a)  the Scientific Authority has advised that such export shall not be detrimental 
to the survival of that species and to other species of fauna and flora; 
(b)  the Management Authority is satisfied that the specimen was not obtained in 
contravention of the laws of Pakistan for the protection of fauna and flora; 
 
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(c)  the Management Authority is satisfied that any living specimen will be so 
prepared and shipped as to minimize the risk of injury, damage to health or 
cruel treatment; and 
(d)  the Management Authority is satisfied that an import permit or no objection 
certificate has been granted for the specimen by the designated authority. 
6. Import  into Pakistan.—(1) The import into Pakistan of any specimen included in any 
Appendix shall require the following, namely:— 
(a)  the export permit on a re-export certificate issued by a designated authority; 
and 
(b)  an import permit or no objection certificated issued by the Management 
Authority. 
(2) An import permit shall be granted on fulfillment of the following conditions, namely:— 
(a)  the Scientific Authority has advised that the import shall be for purposes 
which are not detrimental to the survival of the species involved and to other 
indigenous species of fauna and flora; 
(b)  the Scientific Authority is satisfied that the proposed recipient of a living 
specimen is suitably equipped to house and care for it; and 
(c)  the Management Authority is satisfied that the specimen is not to be used 
primarily for commercial purposes. 
7. Re-export from Pakistan.—The re-export from Pakistan of any specimen included in any 
Appendix shall require a valid re-export certificate issued by the Management Authority and a re-
export certificate shall be granted on fulfillment of the following conditions, namely:— 
(a)  the Management Authority is satisfied that the specimen was imported in 
accordance with the provisions of this Act; 
(b)  the Management Authority is satisfied that any living specimen will be so 
prepared and shipped as to minimize the risk of injury, damage to health or 
cruel treatment; 
(c)  the Scientific Authority is satisfied that the proposed recipient of a living 
specimen is suitably equipped to house and care for it; and 
(d)  the Management Authority is satisfied that an import permit has been granted 
for such specimen by the designated authority. 
8. Introduction from the sea.—The introduction from the sea of any specimen of a species 
included in any Appendix shall require the prior grant of a certificate by the Management Authority. 
A certificate shall be granted on fulfillment of the following conditions, namely:— 
 
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(a)  the Scientific Authority has advised that the introduction will be for purposes 
which are not detrimental to the survival of the species involved and to other 
indigenous species of fauna and flora; 
(b)  the Scientific Authority is satisfied that the proposed recipient of a living 
specimen is suitably equipped to house and care for it; 
(c)  the Management Authority is satisfied that any living specimen will be so 
handled as to minimize the risk of injury, damage to health or cruel treatment; 
and 
(d) the Management Authority is satisfied that the specimen is not to be used 
primarily for commercial purposes. 
9. Export or re-export to or import from a state not a party to the convention.—Where 
export or re-export from Pakistan to or import into Pakistan is from a State not a Party to the 
Convention, comparable documentation issued by the competent authorities in that State, which 
substantially conforms with the requirements of the Convention for permits and certificates, may be 
accepted by the Management Authority in place of the required documents. 
10. Transit or trans-shipment of specimens.___ The provisions of Sections 3 of 9 shall not 
apply to the transit or trans-shipment of specimens through or in Pakistan while the specimens 
remain in Customs control. 
11. Specimens that are personal or household effects.—The provisions of Sections 3 to 9 
shall not apply to specimens that are personal or household effects but this exemption shall not apply 
where,— 
(a)  in the case of specimens included in Appendix-I, they were acquired by the 
owner outside Pakistan, and are being imported into Pakistan; or 
(b) in the case specimens included in Appendix-II, if— 
(i) they were acquired by the owner outside Pakistan and in a State where 
removal from the wild occurred; 
(ii)  they are being imported into Pakistan; and 
(iii)  the State where removal from the wild occurred requires the prior grant 
of export permits before any export of such specimens unless the 
Management Authority is satisfied that the specimens were acquired 
before the coming into force of the Convention and this Act. 
12. Export and import of specimens bred in captivity or artificially propagated.—Where 
the Management Authority or the designated authority or competent authority is satisfied for the 
purposes of export from or import into Pakistan that a specimen of an animal or plant species was 
bred in captivity or was artificially propagated, or is a part of such an animal or plant or was derived 
therefrom the Management Authority shall,— 
 
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(a)  issue a certificate to this effect; and 
(b) accept similar certificate issued by a designated authority or a competent 
authority in lieu of any of the permits and certificates required under Sections 
3 to 9 of this Act. 
13. Non commercial loan, exchange etc.—The provisions of Sections 3 to 9 shall not apply 
to the non-commercial loan, donation or exchange, between scientists or scientific institutions 
registered by the Management Authority or a designated authority or a competent authority, of 
specimens which carry a label issued or approved by the Management Authority or the designated 
authority. 
14. Waiver of requirements.—The Management Authority may waive the requirements of 
Sections 3 to 9 and allow the movement, subject to conditions as it may deem appropriate without 
permits or certificates, of such specimens which form part of a traveling zoo, circus, menagerie, plant 
exhibition or other traveling exhibition provided that,— 
(a)  the exporter or importer registers full details of such specimens with the 
Management Authority; 
(b)  the specimens are in either of the categories specified in Sections 11, 12 and 
13 of this Act; and 
(c)  the Management Authority is satisfied that any living specimen will be so 
transported and cared for as to minimize the risk of injury, damage to health or 
cruel treatment. 
15. Management Authority.—For purposes of this Act, the Federal Government shall, by 
notification in the official Gazette, designate one or more Management Authorities, with which at 
least one representative each from all the Provincial Government and Government of Gilgit 
Baltistan, shall be associated. 
16. Scientific authorities.—The Federal Government, on the recommendation of the 
Management Authority, shall designate one or more scientific authorities, as deemed appropriate 
from time to time or on case to case basis, to render advice on plants and animals. The final decision 
on all matters related to the Convention shall rest with the Management Authority. 
17. Entry and release of wild exotic fauna and flora .—The Federal Government may, by 
notification in the official Gazette, make rules to regulate entry into and release of exotic fauna and 
flora in Pakistan. 
18. Confiscation or return of specimens unlawfully traded.—The specimens included in 
the Appendices traded in violation of the laws of the State of export and this Act shall be liable to 
confiscation by the Federal Government and thereafter, if so desired, return to the State of export. 
19. Confiscation of specimens possessed unlawfully.—Any specimen included in the 
Appendices found in possession of a person without legal permit or certificate shall be confiscated 
and the person shall be punished as provided under Section 3. 
 
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20. Animals and plants etc., to be Government property.—(1) Notwithstanding anything 
contained in any other law for the time being in force and subject to the provisions of this Act, the 
specimens, the trade and possession of which has been prohibited under this Act or rules made there 
under shall, upon confiscation, be the property of the Federal or the Provincial Government, as the 
case may be. 
(2) Any person who obtains, by any means, the possession of the Government property as 
mention in sub-section (1) shall, within forty-eight hours from obtaining such possession, handover 
such property to such officer as designated by the Federal Government. 
(3) No person shall, without the previous permission in writing of the Management Authority 
or the designated department or officer,— 
(a)  acquire or keep in his possession, custody or control; or 
(b)  transfer to any person, whether by way of gift, sale or otherwise; or 
(c)  destroy or damage the property of the Government. 
21. Arrangements for feeding and safe keeping.—The Management Authority shall make 
suitable arrangements for feeding and safe keeping of the specimens confiscated under this Act so 
that the living specimens are properly cared for so as to minimize the risk of injury, damage to health 
or cruel treatment. 
22. Maintenance of records.—The Management Authority shall maintain the following 
records of trade in specimens included in Appendices, namely:— 
(a)  the names and addresses of traders including the exporters and 
importers; 
(b)  the number and type of permits and certificates granted; 
(c)  the State with which such trade occurred; 
(d)  the numbers or quantities and types of specimens; 
(e) names of species as included in Appendices; and 
(f) where applicable, the size and sex of the specimen in question. 
23. Officers to be public servants.—The officers or persons authorized under any provisions 
of this Act to do certain thing or act in certain manner shall be deemed to be public servant within the 
meaning Section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860). 
24. Power to delegate.—The Federal Government may by notification in the official Gazette 
delegate, subject to such conditions as may be specified in the notification, any of its or of a Federal 
agency's powers and functions under this Act and the rules made there under to any Provincial 
Government. 
 
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25. Bar of jurisdiction.—No Court shall grant any injunction or make any order, nor shall 
any Court entertain any proceeding, in relation to anything done under this Act, except the Court or 
tribunal designated by the Federal Government. Such Court or tribunal shall have the authority to 
exercise powers and functions as provided under the relevant laws, necessary for the implementation 
of the provisions of this Act. 
26. Indemnity.—No suit, prosecution or other legal proceeding shall lie against Federal 
Government or any person for anything which is in good faith done or intended to be done under this 
Act. 
27. Act to override other laws.—The provisions of this Act or rule made there under shall 
have effect notwithstanding anything contained in any other law for the time being in force or in any 
instrument having effect by virtue of any such law. 
 28. The Federal Government may, by notification in the official Gazette, make rules for 
carrying out the purposes of this Act. 
29. Removal of difficulties.—If any difficulty arises in giving effect to the provisions of this 
Act, the Federal Government may, not inconsistent with the provisions of this Act, give such 
directions as it may consider necessary for the removal of such difficulties. 
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