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| Home > Indian Bare Acts > THE WILD LIFE (PROTECTION) ACT, 1972 > CHAPTER IV SANCTUARIES, NATIONAL PARKS, GAME RESERVES AND CLOSED AREAS |
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| THE WILD LIFE (PROTECTION) ACT, 1972 |
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Title : THE WILD LIFE (PROTECTION) ACT, 1972
Year : 1972
Act :
CHAPTER IV
SANCTUARIES, NATIONAL PARKS, GAME RESERVES AND CLOSED AREAS
Sanctuaries
18.Declaration of sanctuary.
18. Declaration of sanctuary. (1) the State Government may, by notification, declare any area to be a sanctuary if it considers that such area is of,adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.
(2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area.
Explanation.-For the purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.
19.Collector to determine rights.
19. Collector to determine rights. Whenever any area is declared to be a sanctuary, the Collector shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary.
20.Bar of accrual of rights.
20. Bar of accrual of rights. After the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.
21.Proclamation by Collector.
21. Proclamation by Collector. When a notification has been issued under section 18, the Collector shall publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation-
(a) specifying, as nearly as possible, the situation and the limits of the sanctuary; and
(b) requiring any person, claiming any right mentioned In section 19, to prefer before the Collector, within two months from the
414.date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such. right with necessary details and the amount and particulars of compensation, if any, claimed in respect thereof.
22.Inquiry by Collector.
22. Inquiry by Collector. The Collector shall, after service of the prescribed notice upon the claimant, expeditiously inquire into-
(a) the claim preferred before him under clause (b) of section 21, and
(b) the existence of any right mentioned in section 19 and not claimed under clause (b) of section 21,
so far as the same may be ascertainable from the records of the State
Government and the evidence of any person acquainted with the same.
23.Powers of Collector.
23. Powers of Collector. For the purpose of such inquiry, the
Collector may exercise the following powers, namely:--
(a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so;
(b) the same powers as are vested in a civil court for the trial of suits.
24.Acquisition of rights.
24. Acquisition of rights. (1) In the case of a claim to a right in or over any land referred to in section 19, the Collector shall pass an order admitting or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in part, the Collector may either-
(a) exclude such land from the limits of the proposed sanctuary, or
(b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land" and on payment of such compensation, as is provided in the Land Acquisition Act, 1894. (1 of 1894.)
25.Acquisition proceedings.
25. Acquisition proceedings. (1) For the purpose of acquiring such land, or rights in or over such land,--
(a) the Collector shall be deemed to be a Collector, proceeding under the Land Acquisition Act, 1894; ?(1 of
1894.)
(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;
(c) the provisions of the sections, preceding section 9 of that Act, shall be deemed to have been complied with;
(d) where the claimant does not accept the award made in his favour ha the matter of compensation, he shall be deemed, within the meaning of section 18 of that Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of Part III of that Act;
415.(e) the Collector, with the consent of the claimant, or the court, with the consent of both the parties, may award compensation in land or money or partly in land and partly in money; and
(f) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the
State Government, provide for an alternative public way or common pasture, as far as may be practicable or convenient.
(2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose.
26.Delegation of Collectors powers.
26. Delegation of Collectors powers. The State Government may, by general or special order, direct that the Powers exercisable or the functions to be performed by the Collector under sections 19 to 25.(both inclusive) may be exercised. and performed by such other officer as may be specified in the order.
27.Restriction on entry in sanctuary.
27. Restriction on entry in sanctuary. (1) No person other than,-
(a) a public servant on duty,
(b) a person who has been permitted by the Chief Wild Life
Warden or the authorised officer to reside within the limits of the sanctuary,
(c) a person who has any right over immovable property within the limits of the sanctuary,
(d) a person passing through the sanctuary along a public highway, and
(e) the dependants of the person referred to in clause (a), clause (b) or clause (c),
shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28.(2) Every person shall, so long, as he resides in the sanctuary, be bound-
(a) to prevent the commission, in the sanctuary, of an offence against this Act;
(b) where there is reason to believe that any such offence against this Act has been committed in such sanctuary, to help in discovering and arresting the offender;
(c) to report the death of any wild animal and to safeguard its remains until the Chief Wild Life Warden or the authorised officer takes charge thereof;
(d) to extinguish any fire in such sanctuary of which he has knowledge or information and to prevent from spreading, by any lawful means in his power, any fire within the vicinity of such sanctuary of which he has knowledge or information; and
(e) to assist any forest officer, Chief Wild Life.. Warden, Wild Life Warden or police officer demanding his aid for preventing the commission of any offence against this Act or in the investigation of any such offence.
416.28.Grant of permit.
28. Grant of permit. (1) The Chief Wild Life Warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely:-
(a) investigation or study of wild life and purposes ancillary or incidental thereto;
(b) photography;
(c) scientific research;
(d) tourism;
(e) transaction of lawful business with any person residing in the sanctuary.
(2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed.
29.Hunting in sanctuary without permit prohibited.
29. Hunting in sanctuary without permit prohibited. (1)
Notwithstanding anything contained elsewhere in this Act, no person shall hunt any wild animal in a sanctuary or remove therefrom any wild animal, whether alive or dead, or any trophy, uncured trophy, or meat derived from such animal:
Provided that if the Chief Wild Life Warden is satisfied that It is necessary that any wild animal in a sanctuary should be hunted or removed,-
(a) for the better protection of wild life, or
(b) for any other good and sufficient reason,
he may, with the previous approval of the State Government, grant a permit authorising any person to bunt or remove such wild animal tinder the direction of an officer authorised by him or cause it to be hunted or removed.
(2) A permit granted under sub-section (1) shall specify the kind and number of wild animals that may be hunted or removed by the holder of such permit.
(3) The Chief Wild Life Warden may, for good and sufficient rea-
son, to be recorded in writing, cancel any permit granted under section 28 or under this section:
Provided that no such cancellation shall be made except after giving the holder of the permit a reasonable opportunity of being heard.
(4) Any person aggrieved by the cancellation of a permit under sub-section (3) may, within fifteen days from the date of such cancel-
lation, appeal to the State Government, whose decision shall be final:
Provided that the State 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.
30.
Causing fire prohibited.
30. Causing fire prohibited. No person shall set fire to a sanctuary, or kindle any fire, or leave any fire burning, in a sanctuary, in such manner as to endanger such sanctuary.
31.Prohibition of entry into sanctuary with weapon.
31. Prohibition of entry into sanctuary with weapon. No person shall enter a sanctuary with any weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised offcer.
417.32.Ban on use of injurious substances.
32. Ban on use of injurious substances. No person shall use, in a sanctuary, chemicals, explosives or any other substances which may cause injury to, or endanger, any wild life in such sanctuary.
33.Control of sanctuaries.
33. Control of sanctuaries. The Chief Wild Life Warden shall be the authority who shall control, manage and maintain all sanctuaries and for that purpose, within the limits of any sanctuary,-
(a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary;
(b) shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein;
(c) may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat;
(d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of cattle;
(e) may regulate, control or prohibit, any fishing-
34.Registration of certain persons in possession of arms.
34. Registration of certain persons in possession of arms. (1)
Within three months from the declaration of any area as a sanctuary, every person residing in or within ten kilometres of any such sanctuary and holding a licence granted under the Arms Act, 1959, (54.of 1959.) for the possession of arms or exempted from the provisions of that Act and possessing arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief
Wild Life Warden or the authorised officer, for the registration of his name.
(2) On receipt of an application under sub-section (1), the
Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed.
National Parks
35.Declaration of National Parks.
35. Declaration of National Parks. (1) Whenever it appears to the State Government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a
National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park.
(2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National
Park.
(3) Where any area is intended to be declared as a National
Park, the provisions of sections 19 to 26 (both inclusive) shall, as far as may, be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary.
(4) When the following events have occurred, namely,--
(a) the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and
(b) all rights in respect of lands proposed to be included in the National Park have become vested in the State
Government,
418.the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification.
(5) No alteration of the boundaries of a National Park shall be made except on a resolution passed by the Legislature of the State.
(6) No person shall destroy, exploit or remove any wild life from a National Park or destroy or damage the habitat of any wild animal or deprive any wild animal of its habitat within such National
Park except under and in accordance with a permit granted by the Chief
Wild Life Warden and no such permit shall be granted unless the State
Government, being satisfied that such destruction, exploitation or removal of wild life from the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit.
(7) No grazing of any cattle shall be permitted in a National
Park and no cattle shall be allowed to enter therein except where such cattle is used as a vehicle by a person authorised to enter such
National Park.
(8) The provisions of sections 27 and 28, sections 30 to 32.(both inclusive), and clauses (a), (b) and (c) of section 33, and section 34 shall, as far as may be, apply in relation to a National
Park as they apply in relation to a sanctuary.
Game Reserve
36.Declaration of game reserve.
36. Declaration of game reserve. (1) The State Government may, by notification, declare any area to be a game reserve.
(2) No hunting of any wild animal shall be permitted in such re-
serve except under and in accordance with a licence issued under this section by the Chief Wild Life Warden or the authorised officer.
Closed Area
37.Declaration of closed area.
37. Declaration of closed area. (1) The State Government may, by notification, declare any area closed to hunting for such period as may be specified in the notification.
(2) No hunting of any wild animal shall be permitted in a closed area during the period specified in the notification referred to in sub-section (1).
Sanctuaries or National Parks declared by Central Government
38.Power of Central Government to declare areas as sanctuaries orNational
Parks.
38. Power of Central Government to declare areas as sanctuaries or National Parks. (1) Where the State Government leases or otherwise transfers any area under its control, not being an area within a sanctuary, to the Central Government, the Central Government may, if it is satisfied that the conditions specified in section 18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of sections 19 to 35 (both inclusive), 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government.
(2) The Central Government may, if it is satisfied that the conditions specified in section 35 are fulfilled in relation to any area referred to in section (1), whether or not such area has been declared, to be a sub sanctuary by the Central Government or the State
Government, declare such area, by notification, to be a National Park and the provisions of sections 35, 54 and 55 shall apply in relation to such National Park as they apply in relation to a National Park declared by the State Government.
419.(3) In relation to a sanctuary or National Park declared by the
Central Government, the powers and duties of the Chief Wild Life
Warden under the sections referred to in sub-sections (1) and (2), shall be exercised and discharged by the Director or by such other officer as may be authorised by the Director in this behalf and references, in the sections aforesaid, to the State Government shall be construed as references to the Central Government and reference therein to the Legislature of the State shall be construed as a reference to Parliament.
Last updated on February, 2008
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