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WILDLIFE PROTECTION ACT
INTRODUCTION
The wild life laws have a long history and is the culminative result of an increasing awareness of the compelling need to restore the catastrophic ecological imbalances introduced by the depridations inflicted on nature by human being. The earliest codified law can be traced to 3rd Centuary B.C. when Ashoka, the King of Maghadha, enacted a law in the matter of preservation of wild life and environment. But, the first codified law in India which heralded the era of laws for the wild life and protection was enacted in the year 1887 by the British and was titled as the Wild Birds Protection Act, 1887 (10 of 1887). This Act enabled the then Government to frame rules prohibiting the possession or sale of any kinds of specified wild birds, which have been killed or taken during the breeding season. Again the British Government in the year 1912 passed the Wild Birds and Animals Protection Act, 1912 (8 of 1912) as the Act of 1887 proved to be inadequate for the protection of wild birds and animals. The Act of 1912 was amended in the year 1935 by the Wild Birds and Animals Protection (Amendment) Act, 1935 (27 of 1935).
After the Second World War the freedom struggle for India started taking
its shape and wild life was relagated to the background. But after independence,
the Constituent Assembly in the Draft Constitution placed "Protection
of Wild Birds and Wild Animals" at entry No.20 in the State List and
the State Legislature has been given power to legislate.
It
was not till late 1960's that the concern for the depleting wild finally
aroused.
ACT
53 OF 1972
The
first comprehensive legislation relating to protection of wild life was
passed by the Parliament and it was assented by the President on 9th September,
1972 and came to be known as The Wild Life (Protection) Act, 1972 (53 of
1972).
LIST
OF AMENDING ACTS
1. The constitution (Forty-second Amendment) Act, 1976.
2. The Wild Life (Protection) (Amendment) Act, 1982 (23 of 1982).
3. The Wild Life (Protection) (Amendment) Act, 1986 (28 of 1986)
4. The Wild Life (Protection) (Amendment) Act, 1991 (44 of 1991).
5. The Wild Life (Protection) (Amendment) Act, 1993 (26 of 1993).
THE WILD LIFE (PROTECTION) ACT, 1972
(53
of 1927)
[9th
September, 1972]
An
Act to provide for the protection of 1[wild animals, birds and plants] and
for matters connected therewith or ancillary or incidental thereto.
2[* * *]
CHAPTER
I
PRELIMINARY
1.
Short title, extent and commencement. (1) This Act may be called
Wild Life (Protection) Act, 1972.
3[(2)
It extends to the whole of India except the state of Jammu and Kashmir.]
3)
It shall come into force in a State or Union Territory to which it extends,
4[* * *] on such date as the Central Government may, by notification, appoint,
and different dates may be appointed for different provisions of this Act
or for different States or Union territories.
2.
Definitions.-In this Act, unless the context otherwise requires,-
(1)
"animal" includes amphibians, birds, mammals and reptiles and
their young, and also includes, in the cases of birds and reptiles, their
eggs;
(2)
"animal article" means an article made from any captive animal
or wild animal, other than vermin, and includes an article or object in
which the whole or any part of such animal 5[has been used, and ivory imported
into India and article made therefrom];
6[* * *]
(4)
"Board" means the Wild Life Advisory Board constituted under sub-section
(1) of section 6;
(5)
"captive animal" means any animal, specified in Sechedule I, Schedule
II, Schedule III or Schedule IV, which is captured or kept or bred in captivity;
6[* * *]
(7)
"Chief Wild Life Warden" means the person appointed as such under
clause (a) of sub-section 4.
7[(7A)
"circus" means an establishment, whether stationary or mobile,
where animals are kept or used wholly or mainly for the purpose of performing
tricks or manoeuvres;]
(8)
"closed area" means the area which is declared under sub-section
(1) of section 37 to be closed to hunting;
(9)
"Collector" means the chief officer in charge of the revenue administration
of a district;
(10)
"commencement of this Act", in relation to-
(a) a state, means commencement of this Act in that State,
(b) any provision of this Act, means the commencement of that provision in the concerned State;
(11)
"dealer" means any person who carries on the business of buying
and selling any captive animal article, trophy, uncured trophy 1[meat or
specified plant];
(12)
"Director" means the person appointed as Director of Wild Life
Preservation under clause (a) sub-section (1) of section 3;
2[(12A)
"Forest Officer" means the Forest Officer appointed under clause
(2) of section 2 of the indian Forest Act, 1927;]
3[* * *]
(14)
"Government property" means any property referred to in section
39; 2[or section 17H;]
(15)
"habitat" includes land, water or vegetation which is the natural
home of any wild animal;
(16)
"hunting", with its grammatical variations and cognate expressions,
includes,-
(a) capturing, killing, poisoning, snaring and trapping of any wild animal and every attempt to do so,
(b) driving any wild animal for any of the purposes specified in sub-clause (a),
(c) injuring or destroying or taking any part of the body of any such animal or, in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles or distrubing the eggs or nests of such birds of reptiles;
(17)
"land" includes canals, creeks and other water chanels, reservoirs,
rivers, steamsand lakes, whether artificial or natural, 1[marshes and wetlands
and also includes boulders and rocks];
(18)
"licence" means a licence granted under this Act;
2[(18A)]
"lives stock" includes buffaloes, bulls, bullocks, camels, cows,
donkeys goats, horses, mules, pigs, sheeps, yaks and also their young;]
(19)
"manufacturer" means a manufacturer of animal articles;
(20)
"meat" includes blood, bones, sinew, eggs, fat and flesh, whether
raw or cooked, of any wild animal, other than vermin;
(21)
"National Park" means an area declared, whether under setion 35
of section 38, or deemed, under sub-section (3) of section 66, to be declared,
as a National Park;
(22)
"notification" means a noification published in the Official Gazette;
(23)
"permit" means a permit granted under this Act or any rule made
thereunder;
(24)
"person" includes a firm;
(25)
"prescribed" means by rules made under this Act;
1[(25A)
"recognised zoo" means a zoo recognised under section 38H;
(25B)
"reserve forest" means the forest declared to reserved by the
State Governement under section 20 of the Indian Forest Act,1927 (16 of
1927);]
(26)
"sanctuary" means an area declared, whether under section 2[26A]
or section 66, to be declared as wild life sanctuary;
2[(27)
"specified plant" means any plant specified in Schedule VI;]
(28)
"special game" means any animal specified in Schedule II;
(29) "State Government", in relation to a Union territory, means the Administrator of the Union territory appointed by the President under article 239 of the Constitution;
(30)
"taxidermy", with its grammatical variations and cognate expressions,
means the curing, preparation or preservation of trophies;
1[(30A)
"territorial waters" shall have the same meaning as in section
3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zoo and
other Maritime Zones Act, 1976 (80 of 1976);]
(31)
"trophy" means the whole or any part of any captive animal or
wild animal, other than vermin, which has been kept or preserved by any
means, whether artificial or natural, and includes-
(a) rugs, skins and specimens of such animal mounted in whole or in part through a process of taxidermy, and
(b) antler, horn, rhinoceros horn, hair, feather, nail, tooth, musk, eggs and nests;
(32)
"uncured trophy" means the whole or any captive animal or wild
animal, killed wild animal, ambergris, musk and other animal products];
(33)
"vehicle" means any conveyance used for movement on land, water
or air and includes buffalo, bull, bullock, camel, donkey, elephant, horse
and mule;
(34)
"vermin" means any wild animal specified in Schedule V;
(35)
"weapon" includes ammunition, bows and arrows, explosives, firearms,
hooks, knives, nets, poison, snares and traps and any instrument or apparatus
capable of anaesthetizing, decoying, destroying, injuring or killing an
animal;
(36)
"wild animal" means any animal found wild in nature and includes
any animal specified in Schedule I, Schedule II, Schedule III, Schedule
IV, Schedule V, wherever found;
(37)
"wild life" includes any animal, bees, butterflies, crustacea,
fish and moths; and aquatic or land vegetation which form part of any habitat;
(38)
"Wild Life Warden" means the person appointed as such under clause
(b) of sub-section (1) of section 4;
1[(39) "zoo" means an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public but does not include a circus and an establishment of a licensed dealer in captive animal.]
CHAPTER
II
AUTHORITIES
TO BE APPOINTED OR CONSTITUTED UNDER THE ACT
3.
Appointment of Director and other officers.- (1) The Central Government
may, for the purposes of this Act, appoint,-
(a) A Director of Wild Life Preservation;
(b) Assistant Directors of Wild Life Preservation; and
(c) such other officers and employees as may be necessary.
(2)
In the performance of his duties and exercise of his powers by or under
this Act, the Director shall be subject to such general or special directions,
as the Central Government may, from time to time, give.
(3)
The Assistant Directors of Wild Life Preservation and other oficers and
employees appointed under this section shall be subordinate to the Director.
4.
Appointment of Life Warden and other officers.- (1) The State Government
may, for the purposes of this Act, appoint,-
(a) a Chief Wild Life Warden;
(b) Wild Life Wardens; 1[* * *]
2[(bb) one Honorary Wild Life Warden in each district; and]
(c) such other officers and employees as may be necessary.
(2)
In the performance of his duties and exercise of his powers by or under
this Act, the Chief Wild Life Warden shall be subject to such general or
special directions, as the State Government may, from time to time, give.
(3)
3[The Wild Life Warden, the Honorary Wild Life Warden] and other officers
and employees appointment under this section shall be subordinate to the
Chief Wild Warden.
5.
power to delegate.- (1) The Director may, with the previous approval
of the Central Government , by order in writing, delegate all or any of
his powers and duties under this Act to any officer subordinate to him subject
to such conditions, if any, as may be specified in the order.
(2)
The Chief Wild Life Warden may, with the previous approval of the State
Government by order in writing, delegate all or any of his powers and duties
under this Act, except those under clause (a) of sub-section (1) of section
11, to any officer subordinate to him subject to such conditions, if any,
as may be specified in the order.
(3)
Subject to any general or special direction given or condition imposed by
the Director of the Chief Wild Life Warden, any person authorised by the
Director or the Chief Wild Life Warden to exercise any powers, may exercise
those powers in the same manner and to the same effect as if they had conferred
on that person directly by this Act and not by way of delegation.
COMMENTS
Sub-section
(2) of section 5 of the Wild Life (Protection) Act, 1972 gives power to
the concerned authority to delegate his powers to any of his subordinate
officers. Therefore, it could not be be said that another person except
the Chief Wild Life Warden or such other officer who has been authorised
by the State Government can file a complaint upon which cognizance can be
taken; Jagdish Singh v.State of Bihar, (1985) Cri LJ 1314 (Pat).
6.Constitution
of Wild Life Advisory Board.-(1) The State Government, or in the case
of a Union territory, the Administrator, shall, as soon as may be after
the commencement of this Act, constitute a Wild Life Advisory Board consisting
of the following members namely :-
(a) the Minister in charge of forests in the State or Union territory, or, if there is no such Minister, the Chief Secretary to the Government, or, as the case may be, the Chief Secretary to the Government of the Union territory, who shall be the Chairman;
(b) two members of the State Legislature or, in the case of a Union territory having a Legislature, two members of the Legislature of the Union territory, as the case may be;
(c) Secretary to the State Government, or the Government of the Union territory, in charge of forests;
1[(d) the Forest officer in charge of the State Forest Department by whatever designation called, ex officio;]
(e) an officer to be nominated by the Director;
(f) Chief Wild Life Warden, ex officio;
'[(g) officers of the State Government not exceeding five;
(h) such other persons, not exceeding ten, who, in the opinion of the State Government, are interested in the protection of wild life, including the representatives of tribals not exceeding three.]
2[(1A)
The State Government may appoint a Vice-Chairman of the Board from amongst
the members referred to in clauses (b) and (h) of sub-section (1)].
(2)
The State Government shall appoint 1[the Forest Officer in charge of the
State Forest Department].
(3)
The term of office of the members of the Board referred to in clause (g)
of sub-section (1) and the manner of filling vacancies among them shall
be such as may be prescribed.
(4)
The members shall be entitled to receive such allowances in respect of expenses
incurred in the performance of their duties as the State Government may
prescribe.
7.
Procedure to be followed by the Board.- (1) The Board shall meet at
least twice a year at such place as the State Government may direct.
(2)
The Board shall regulate its own procedure (including the quorum).
(3)
No act or proceeding of the Board shall be invalid merely by reason of the
existence of any vacancy therein or any defect in the constitution thereof
or any irregularity in the procedure of the Board not affecting the merits
of the case.
8.
Duties of Wild Life Advisory Board.- It shall be the duty of the Wild
Life Advisory Board to advise the State Government,-
(a) in the selection of areas to be declared as sanctuaries, National Parks 1[***] and closed areas and the administration thereof;
2[(b) in formulation of the policy for protection and conservation of the wild life and specified plants;]
(c) in any matter relating to the amendment of any Schedule; 3[* * *]
4[(cc) in relation to the measures to be taken for harmonising the needs of the tribals and other dwellers of the forest with the protection and conservation of wild life; and]
(d) in any other matter connected with the protection of wild life which may be referred to it by the State Government.
CHAPTER
III
HUNTING
OF WILD ANIMALS
5[9.
Prohibition of hunting.- No person shall hunt any wild animal specified
in Schedule I, II, III and IV except as provided under section 11 and section
12.]
COMMENTS
Section
9 of the Act says that no person shall "hunt' any wild animal specified
in Schedule I, Elephant is inluded in Schedule I; State of Bihar v.Murad
Ali Baig, AIR 1989 SC 1.
6[*
* *]
11.
Hunting of wild animals to be permitted in certain cases.- (1)Notwithstanding
anything contained in any other law for the time being in force and subject
to the provisions of Chapter IV,-
(a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefore, permit any person to hunt such animal or cause such animal to be hunted;
(b) the Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild animal specified in Schedule II, Schedule III, or Schedule IV has become dangerous to human life or to property (including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefore, permit any person to hunt such animal or cause such animal to be hunted.
(2)
The killing or wounding in good faith of any wild animal in defence of oneself
or any other person shall not be an offence:
Provided that nothing in this sub-section shall exonerate any person who,
when such defence becomes necessary, was committing any act in contravention
of any provisions of this Act or any rule or order made thereunder.
(3)
Any wild animal killed or wounded in defence of any person shall be Government
property.
COMMENTS
To
decide whether in killing an animal the accused acted in self defence or
not, the nature and ferocity of the animal will be relevant. On the basis
of the facts and circumstances of the case there can be no doubt that the
accused acted in defence of his life and his act did commensurate with defence.Thus
in this case of killing the tiger in good faith in defence of oneself it
can not be said that the accused was committing any offence prior to shooting
the tiger that charged at him. Therefore, the impugned order of conviction
and sentence is contrary to the provisions of section 11 of the Act and
as such it is liable to be set aside; Tilak Bahadur Rai v.State of Arunachal
Pradesh, 1979 Cri LJ 1404.
12.
Grant of permit for special purposes.-Notwithstanding anything contained
elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden,
to grant 1[* * *] a permit, by an order in writing stating the reasons therefore,
to any person, on payment of such fees as may be prescribed, which shall
entitle the holder of such permit to hunt subject to such conditions as
may be specified therein, any wild animal specified in such permit, for
the purpose of,-
(a) education;
2[(b) scientific research;
(bb) scientific Management.Explaination.- For the purposes of clause (bb), the expression, "Scientific management" means-(i) translocation of any wild animal to alternative suitable habitat; or(ii) population management of wildlife without killing or poisoning or destroying any wild animal;]
3[(c) Collection of specimens-
(i) for recognised zoos subject to the permission under section 38-I or
(ii) for museums and similar institutions;
(d) derivation, collection or preparation of snake-venom for the manufacture of life-saving drugs:]
4[Provided that no such permit shall be granted-
(a) in respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and
(b) in respect of any other wild animal, except with the previous permission of the State Government.]
1[*
* *]
CHAPTER
IIIA
PROTECTION
OF SPECIFIED PLANTS
17A. Prohibition of picking , uprooting, etc. of specified plant.- Save as otherwise provided in this Chapter, no person shall-
(a) wilfully pick, uproot, damage, destroy, acquire or collect any specified plant from any forest land and any area specified, by notification, by the Central Government;
(b) posses, sell, offer for sale, or transfer by way to gift or otherwise, or transport any specified plant, whether alive or dead, or part or derivative thereof;
Provided
that nothing in this section prevent a member of a Scheduled tribe, subject
to the provisions of Chapter IV, from picking, collecting or possesing in
the district he resides any specified plant or part or derivative thereof
for his bona fide personal use.
17B. Grants of permit for special purposes.- The Chief Wild Life Warden may, with the previous permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section 17 A or transport, subject to such conditions as may be specified plant for purpose of-
(a) education;
(b) scientific research;
(c) collection, preservation and display in a herbarium of any scientific institution; or
(d) propogation by a person or an institution approved by the Central Government in this regard.
17C.
Cultivation of specified plants without licence prohibited.- (1) No
person shall cultivate a specified plant except under and in accordance
with a licence granted by the Chief Wild Life Warden or any other officer
authorised by the State Government in this behalf:
Provided
that nothing in this section shall prevent, who immediaely before the commencement
of the Wild Life (Protection) (Amendment) act, 1991, was cultivating a specified
plant from carrying on such cultivation for a period of six months from
such commencement or where he has made an application within that period
for the grant of a licence to him, until the licence is granted to him or
he is informed in writing that a licence cannot be granted to him.
(2)
Every licence granted under this section shall specify the area in which
and the conditions, if any, subject to which the licensee shall cultivate
a specified plant.
17D.
Dealing in specified plants without licence prohibited.- (1) No person
shall, except under and in accordance with a licence granted by the Chief
Wild Life Warden or any other officer authorised by the State Government
in this behalf, commence or carry on business or occupation as a dealer
in a specified plant or part or derivate thereof :
Provided
that nothing in this section shall prevent a person, who immediately before
the commencement of the Wild Life (Protection) (Amendment) Act, 1991, was
carrying on such business or occupation, from carrying on such business
or occupation for a period of sixty days from such commencement, or where
he has made an application within that period for the grant of a licence
to him, until the licence is granted to him or he is informed in writing
that a licence cannot be granted to him.
(2)
Every licence granted under this section shall specify the premises in which
and the conditions, if any, subject to which the licensee shall carry on
his business.
17E.
Declaration of stock.- (1) Every person cultivating, or dealing in,
a specified plant or part or derivative thereof shall, within thirty days
from the date of commencement of the Wild Life (Protection) (Amendment)
Act, 1991 declare to the Chief Wild Life Warden or any other officer authorised
by the State Government in his behalf, his stocks of such plants and part
or derivative thereof, as the case may be, on the date of such commencement.
(2)
The provisions of sub-sections (3) to (8) (both inclusive) of section 44,
section 45, section 46 and section 47 shall, as far as may be, apply in
relation to an application and a licence referred to in section 17C and
section 17D as they apply in relation to the licence or business in animals
or animal articles.
17F. Prossesion, etc., of plants by license.-No licensee under this Chapter shall-
(a) keep in his control, custody or possession-
(i) any specified plant, or part or derivative thereof in respect of which a declaration under the provisions of section 17E has to be made but has not been made;
(ii) any specified plant, or part or derivative thereof which has not been lawfully acquired under the provisions of this Act or any rule or order made thereunder;(b) (i) pick, uproot, collect or acquire any specified plant, or
(ii) acquire, receive, keep in his control or possession, or sell, offer for sale or transport any specified plant or part or derivative thereof, except in accordance with the conditions subject to which the licence has been granted and such rules as may be made under this Act.
17G.
Purchase, etc. of specified plants.- No person shall purchase, receive
or acquire any specified plant or part or derivative thereof otherwise than
from a licensed dealer:
Provided
that nothing in this section shall apply to any person referred to in section
17B.
17H.
Plants to be Government property.-(1) Every specified plant or part
or derivative thereof, in respect of which any offence against this Act
or any rule order made thereunder has been committed, shall be the property
of the State Government, and, where such plant or part or derivative thereof
has been collected or acquired from a sanctuary or National Park declared
by the Central Government, such plant or part or derivative thereof shall
be the property of the Central Government.
(2)
The provisions of sub-sections (2) and (3) of section 39 shall, as far as
may be, apply in relation to the specified plant or part or derivative thereof
or they apply in relation to wild animals and articles referred to in sub-section
(1) of that section.]
CHAPTER
IV
SANCTUARIES,
NATIONAL PARKS 1[* * *] AND CLOSED AREAS
Sanctuaries
18.
Declaration of sanctuary.- 2[(1) The State Government may, by notification,
declare its intention to constitute any area comprised within any reserve
forest or the territorial waters as 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.
Explaination.-For
the purposes of this section it shall be sufficient to describe the area
by roads, rivers, ridges or other well-known intelligible boundaries.
COMMENTS
(i)
The purpose of the notification declaring the area as Game Reserve under
the Rajasthan Wild Animal and Birds Protection Act, 1951; or the declaration
of the area as a sanctuary under the notification dated 1.1.1975 declaring
the area as protected forest under the Rajasthan Forest Act, 1953 is to
protect the Forest Wealth and Wild Life of the areas; Tarun Bharat Sangh,
Alwar v. Union of India, AIR 1992 SC 514.
(ii)
The respondents are entitled to declare any area other than area comprised
with any reserve forest or territorial waters as a sanctuary as per the
provisions of section 18 of the Act, but that can be done only after following
the provisions contained in the Act. The respondents can take follow up
action for evicting persons from the area falling within the declared sanctuary
in accordance with the provisions as contained in CHAPTER IV of the Act.
None of this things has been found to be followed by the respondents in
passing the orders prejudicially affecting the petitioners. Therefore, the
impugned orders are not sustainable in law and accordingly they deserve
to be quashed; Jaladhar Chakma v. Deputy Commisioner, Aizwal, Mizoram, AIR1983
Gau 18.
19.
Collector to determine rights.-
3[When a notification has been issued under section 18] the controller shall
inquire into, and determine, the existance, 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.-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 tastamentary or intestate.
(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 prepare before the Collector, within two months from the 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 the respect thereof.
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.-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 cilvil court for the trial of suits.
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 and 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[(c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.]
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;
(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 provision of the sections, preceding section 9 of that Act, shall be deemed to have been compiled with;
(d) where the claimant does not accept the award made in his favour in the matter of compensation, he shall be deemed, within the meaning of section 18 of the 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;
(e) the Collector, with the consent of 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 Collector's powers.-The State Government may, by general
or special order, direct that the powers exercisable or function 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.
1[26A. Declaration of area as sanctuary.-(1) When-
(a) a notification has been issued under section 18 and 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 sanctuary, have been disposed of by the State Government; or
(b) any area comprised within any reserve forest or any part of the territorial waters, which is considered by the State Government to be of adequate ecological faunal floral geomorphological, natural or zoological significance for the purpose of protecting, propogating or developing wild life or its environment, is to be included in a sanctuary,
the
State Government shall issue a notification specifying the limits of the
area which shall be comprised within the sanctuary and declare that the
said area shall be sanctuary on and from such date as may be specified in
the notification:
Provided
that where any part of the territorial waters is to be so included, prior
concurrence of the Central Government shall be obtained by the State Government:
Provided
further that the limits of the area of the territorial waters to be included
in the sanctuary shall be determined in consultation with the Chief Naval
Hydrographer of the Central Government and after taking adequate measures
to protect the occupational interest of the local fishermen.
(2) Notwithstanding anything contained in sub-section (1), the right of innocent passage of any vessel or boat through the territorial waters shall not be affected by the notification isued under sub-section (1).
(3) No alteration of the boundaries of a sanctuary shall be made except on a resolution passed by the Legislature of the state.]
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 dependents 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 peemit 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; or
(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.
1[(3)
No person shall, with intent to cause demage to any boundary-mark of a sanctuary
or to cause wrongful gain as defined in the Indian Penal Code, 1860 (45
of 1860), alter, destroy, more or deface such boundary-mark.
(4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.]
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.
1[29.Destruction,etc.,
in a sanctuary prohibited without permit.-No person shall destroy, exploit
or remove any wild life from a sanctuary or destroy or demage the habitat
of any wild animal or deprive any wild animal of its habitat within such
sanctuary 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 sanctuary is necessary for the improvement and better management
of wild life therein, authorises the issue of such permit.
Explanation.-
For the purposes of this section, grazing or movement of live-stock permitted
under clause (d) of section 33 shall not be deemed to be an act prohibited
under this section.]
30.
Causing fire prohibited.-No person shall set fire to a sanctuary, or
kindle any fire, or leave any fire buring, in such manner as to endanger
such sanctuary.
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 officer.
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.- 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 the 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 2[live-stock].
3[* * *]
4[33A.
Immunisation of live-stock.- (1) The Chief Wild Life Warden shall take
such measures in such manner, as may be prescribed, for immunisation against
communicable diseases of the live-stock kept in or within five kilometres
of a sanctuary.
(2) No person shall take or cause, to be taken or grazed, any live-stock in a sanctuary without getting it immunised.]
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.
1[(3)No
new licences under the Arms Act, 1959 (54 of 1959) shall be granted within
a radius of ten kilometres of a sanctuary without the prior concurrence
of the Chief Wild Life Warden.]
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 National Park for the purpose
of protecting, propogating or developing wild life therein or its environment,
it may, by notification, declare its intention to constitute such area as
a National Park:
2[Provided
that where any part of the territorial waters is proposed to be included
in such National Park, the provisions of section 26A shall, as far as may
be, apply in relation to the declaration of a National Park as they apply
in relation to the declaration of a sanctuary.]
(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 3[19 of 26A (both inclusive except clause (c) of sub-section (2) of section 24)] 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 occured, 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, 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 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 unless the State Government, being satisfied that such destruction, exploitation or removal of wild life therein, authorises the issue of such permit.
(7) No grazing of any 1[live-stock] shall be permitted in a National Park and no 1[live-stock] shall be allowed to enter therein except where such 1[live-stock] 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 2[section 33, section 33 A] and section 34 shall, as far as may be apply in relation to a National Park as they apply in relation to a sanctuary.
3[* * *]
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).
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Indian Forest Act |
Wildlife Protection Act
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Act |
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Forest
Conservation Act |
Forest Code |
Forest
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