The Wild Life (Protection) Act, 1972
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 26 Delegation of Collector's 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.
Section 26A Declaration of area as sanctuary.
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, propagating 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 interests 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 issued under sub-section (1).
2[(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.]
(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, propagating 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 interests 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 issued under sub-section (1).
2[(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.]
1. Ins. by Act 44 of 1991, s. 18 (w.e.f. 2-10-1991).
2. Subs. by Act 16 of 2003, s. 14, for sub-section (3) (w.e.f. 1-4-2003).
2. Subs. by Act 16 of 2003, s. 14, for sub-section (3) (w.e.f. 1-4-2003).
Section 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.
1[(3) No person shall, with intent to cause damage 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, move or deface such boundary-mark.
(4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.]
(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.
1[(3) No person shall, with intent to cause damage 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, move or deface such boundary-mark.
(4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.]
1. Ins. by Act 44 of 1991, s. 19 (w.e.f. 2-10-1991).
Section 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 1[and film-making without making any change in the habitat or causing any adverse impact to the habitat or wild life;]
(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.
(a) investigation or study of wild life and purposes ancillary or incidental thereto;
(b) photography 1[and film-making without making any change in the habitat or causing any adverse impact to the habitat or wild life;]
(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. Ins. by Act 18 of 2022, s. 10 (w.e.f. 1-4-2023).
Section 29 Destruction, etc., in a sanctuary prohibited without a permit.
1[29. Destruction, etc., in a sanctuary prohibited without a permit.--No person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the 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 in consultation with the 2[National Board] that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal bona fide needs of the people living in and around the sanctuary and shall not be used for any commercial purpose.
3[Explanation.--For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33, or hunting of wild animals under a permit granted under section 11 or hunting without violating the conditions of a permit granted under section 12, or the exercise of any rights permitted to continue under clause (c) of sub-section (2) of section 24, including the bona fide use of drinking and household water by local communities until they are settled, shall not be deemed to be an act prohibited under this section.]
Provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal bona fide needs of the people living in and around the sanctuary and shall not be used for any commercial purpose.
3[Explanation.--For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33, or hunting of wild animals under a permit granted under section 11 or hunting without violating the conditions of a permit granted under section 12, or the exercise of any rights permitted to continue under clause (c) of sub-section (2) of section 24, including the bona fide use of drinking and household water by local communities until they are settled, shall not be deemed to be an act prohibited under this section.]
1. Subs. by Act 16 of 2003, s. 15, for section 29 (w.e.f. 1-4-2003).
2. Subs. by Act 18 of 2022, s. 11, for "Board" (w.e.f. 1-4-2023).
3. Subs. by s. 11, ibid., for "the Explanation" (w.e.f. 1-4-2023).
2. Subs. by Act 18 of 2022, s. 11, for "Board" (w.e.f. 1-4-2023).
3. Subs. by s. 11, ibid., for "the Explanation" (w.e.f. 1-4-2023).
Section 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.
Section 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.
Section 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.
Section 33 Control of sanctuaries.
The Chief Wild Life Warden shall be the authority who shall control, 1[manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the Central Government and in case the sanctuary also falls under the Scheduled Areas or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned] 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:
2[Provided that no construction of 3[tourist lodges, including Government lodges, for commercial purposes], hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.]
(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 4[live-stock.]
5***
(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:
2[Provided that no construction of 3[tourist lodges, including Government lodges, for commercial purposes], hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.]
(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 4[live-stock.]
5***
1. Subs. by Act 18 of 2022, s. 12, for "manage and maintain all sanctuaries" (w.e.f. 1-4-2023).
2. Ins. by Act 16 of 2003, s. 16, (w.e.f. 1-4-2003).
3. Sub. by Act 18 of 2022, s. 12, for "commercial tourist lodges" (w.e.f. 1-4-2023).
4. Subs. by Act 44 of 1991, s. 21, for "cattle;" (w.e.f. 2-10-1991).
5. Clause (e) omitted by s. 21, ibid. (w.e.f. 2-10-1991).
2. Ins. by Act 16 of 2003, s. 16, (w.e.f. 1-4-2003).
3. Sub. by Act 18 of 2022, s. 12, for "commercial tourist lodges" (w.e.f. 1-4-2023).
4. Subs. by Act 44 of 1991, s. 21, for "cattle;" (w.e.f. 2-10-1991).
5. Clause (e) omitted by s. 21, ibid. (w.e.f. 2-10-1991).
Section 33A Immunisation of live-stock.
1[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.]
(2) No person shall take, or cause to be taken or grazed, any live-stock in a sanctuary without getting it immunised.]
1. Ins. by s. 22, ibid. (w.e.f. 2-10-1991).
Section 33B Advisory Committee.
1[33B. Advisory Committee.-- (1) The State Government shall constitute an Advisory Committee consisting of the Chief Wild Life Warden or his nominee not below the rank of Conservator of Forests as its head and shall include a member of the State Legislature within whose constituency the sanctuary is situated, three representatives of Panchayati Raj Institutions, two representatives of non-governmental organisations and three individuals active in the field of wild life conservation, one representative each from departments dealing with Home and Veterinary matters, Honorary Wild Life Warden, if any, and the officer-in-charge of the sanctuary as Member-Secretary.
(2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary.
(3) The Committee shall regulate its own procedure including quorum.]
(2) The Committee shall render advice on measures to be taken for better conservation and management of the sanctuary including participation of the people living within and around the sanctuary.
(3) The Committee shall regulate its own procedure including quorum.]
1. Ins. by Act 16 of 2003, s. 17 (w.e.f. 1-4-2003).
Section 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.]
2[(4) No renewal of any licence under the Arms Act, 1959, (54 of 1959) shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wild Life Warden or the authorised officer.]
(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.]
2[(4) No renewal of any licence under the Arms Act, 1959, (54 of 1959) shall be granted to any person residing within ten kilometres of a sanctuary except under the intimation to the Chief Wild Life Warden or the authorised officer.]
1. Ins. by Act 44 of 1991, s. 22A (w.e.f. 21-5-2001).
2. Ins. by Act 18 of 2022, s. 13 (w.e.f. 1-4-2023).
2. Ins. by Act 18 of 2022, s. 13 (w.e.f. 1-4-2023).
Section 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.
1[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 2[19 to 26A (both inclusive except cause (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.
3[(3A) When the State Government declares its intention under sub-section (1) to constitute any area as a National Park, the provisions of sections 27 to 33A (both inclusive), shall come into effect forthwith, until the publication of the notification declaring such National Park under sub-section (4).
(3B) Till such time as the rights of the affected persons are finally settled under sections 19 to 26A [both inclusive except clause (c) of sub-section (2) of section 24], the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.]
(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,
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.
4[(5) No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board.
(6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the 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 in consultation with the National Board that such removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.]
(7) No grazing of any 5[live-stock] shall be permitted in a National Park and no 5[live-stock] shall be allowed to enter therein except where such 5[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 6[section 33, section 33A] shall, as far as may be, apply in relation to a National Park as they apply in relation to a sanctuary.
7[Explanation.--For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply.]
8***
1[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 2[19 to 26A (both inclusive except cause (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.
3[(3A) When the State Government declares its intention under sub-section (1) to constitute any area as a National Park, the provisions of sections 27 to 33A (both inclusive), shall come into effect forthwith, until the publication of the notification declaring such National Park under sub-section (4).
(3B) Till such time as the rights of the affected persons are finally settled under sections 19 to 26A [both inclusive except clause (c) of sub-section (2) of section 24], the State Government shall make alternative arrangements required for making available fuel, fodder and other forest produce to the persons affected, in terms of their rights as per the Government records.]
(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,
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.
4[(5) No alteration of the boundaries of a National Park by the State Government shall be made except on a recommendation of the National Board.
(6) No person shall destroy, exploit or remove any Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the 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 in consultation with the National Board that such removal of wild life from the National Park or the change in the flow of water into or outside the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit:
Provided that where the forest produce is removed from a National Park, the same may be used for meeting the personal bona fide needs of the people living in and around the National Park and shall not be used for any commercial purpose.]
(7) No grazing of any 5[live-stock] shall be permitted in a National Park and no 5[live-stock] shall be allowed to enter therein except where such 5[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 6[section 33, section 33A] shall, as far as may be, apply in relation to a National Park as they apply in relation to a sanctuary.
7[Explanation.--For the purposes of this section, in case of an area, whether within a sanctuary or not, where the rights have been extinguished and the land has become vested in the State Government under any Act or otherwise, such area may be notified by it, by a notification, as a National Park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply.]
8***
1. Added by Act 44 of 1991, s. 23, (w.e.f. 2-10-1991).
2. Subs. by s. 23, ibid., for "section 23, for "19 to 26 (both inclusive)" (w.e.f. 2-10-1991).
3. Ins. by Act 18 of 2022, s. 14 (w.e.f. 1-4-2023).
4. Subs. by Act 16 of 2003, s. 19, for sub-sections (5) and (6) (w.e.f. 1-4-2003).
5. Subs. by Act 44 of 1991, s. 23, for "cattle" (w.e.f. 2-10-1991).
6. Subs. by s. 23, ibid., for "section 33" (w.e.f. 2-10-1991).
7. Ins. by Act 16 of 2003, s. 19 (w.e.f. 1-4-2003).
8. The sub-heading "GAME RESERVE" omitted by Act 44 of 1991, s. 24 (w.e.f. 2-10-1991).
2. Subs. by s. 23, ibid., for "section 23, for "19 to 26 (both inclusive)" (w.e.f. 2-10-1991).
3. Ins. by Act 18 of 2022, s. 14 (w.e.f. 1-4-2023).
4. Subs. by Act 16 of 2003, s. 19, for sub-sections (5) and (6) (w.e.f. 1-4-2003).
5. Subs. by Act 44 of 1991, s. 23, for "cattle" (w.e.f. 2-10-1991).
6. Subs. by s. 23, ibid., for "section 33" (w.e.f. 2-10-1991).
7. Ins. by Act 16 of 2003, s. 19 (w.e.f. 1-4-2003).
8. The sub-heading "GAME RESERVE" omitted by Act 44 of 1991, s. 24 (w.e.f. 2-10-1991).
Section 36 Omitted..
[Declaration of game reserve.]---Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. 24 (w.e.f. 2-10-1991).
Section 36A Declaration and management of a conservation reserve.
1[36A. Declaration and management of a conservation reserve.--(1) The State Government may, after having consultations with the local communities, declare any area owned by the Government, particularly the areas adjacent to National Parks and sanctuaries and those areas which link one protected area with another, as a conservation reserve for protecting landscapes, seascapes, flora and fauna and their habitat:
Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary.]
Provided that where the conservation reserve includes any land owned by the Central Government, its prior concurrence shall be obtained before making such declaration.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a conservation reserve as they apply in relation to a sanctuary.]
1. Ins. by Act 16 of 2003, s. 20 (w.e.f. 1-4-2003).
Section 36B Conservation reserve management committee.
1[36B. Conservation reserve management committee.--(1) The State Government shall constitute a conservation reserve management committee to advise the Chief Wild Life Warden to conserve, manage and maintain the conservation reserve.
(2) The committee shall consist of a representative of the forest or Wild Life Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the field of wild life conservation and one representative each from the Department of Agriculture and Animal Husbandry.
(3) The Committee shall regulate its own procedure including the quorum.]
(2) The committee shall consist of a representative of the forest or Wild Life Department, who shall be the Member-Secretary of the Committee, one representative of each Village Panchayat in whose jurisdiction the reserve is located, three representatives of non-governmental organisations working in the field of wild life conservation and one representative each from the Department of Agriculture and Animal Husbandry.
(3) The Committee shall regulate its own procedure including the quorum.]
1. Ins. by Act 16 of 2003, s. 20 (w.e.f. 1-4-2003).
Section 36C Declaration and management of community reserve.
1[36C. Declaration and management of community reserve.-- (1) The State Government may, where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary.
(3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the State Government.]
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections 30, 32 and clauses (b) and (c) of section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary.
(3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the State Government.]
1. Ins. by Act 16 of 2003, s. 20 (w.e.f. 1-4-2003).
Section 36D Community reserve management committee.
1[36D. Community reserve management committee.-- (1) The State Government shall constitute a Community Reserve management committee, which shall be the authority responsible for conserving, maintaining and managing the community reserve.
(2) The committee shall consist of 2[not less than five representatives] nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located.
3[(2A) Where a community reserve is declared on private land under sub-section (1) of section 36C, the community reserve management committee shall consist of the owner of the land, a representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located and also the representative of the Panchayat concerned or the tribal community, as the case may be.]
(3) The committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve.
(4) The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve.
(5) The committee shall regulate its own procedure including the quorum.]
(2) The committee shall consist of 2[not less than five representatives] nominated by the Village Panchayat or where such Panchayat does not exist by the members of the Gram Sabha and one representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located.
3[(2A) Where a community reserve is declared on private land under sub-section (1) of section 36C, the community reserve management committee shall consist of the owner of the land, a representative of the State Forests or Wild Life Department under whose jurisdiction the community reserve is located and also the representative of the Panchayat concerned or the tribal community, as the case may be.]
(3) The committee shall be the competent authority to prepare and implement the management plan for the community reserve and to take steps to ensure the protection of wild life and its habitat in the reserve.
(4) The committee shall elect a Chairman who shall also be the Honorary Wild Life Warden on the community reserve.
(5) The committee shall regulate its own procedure including the quorum.]
1. Ins. by Act 16 of 2003, s. 20 (w.e.f. 1-4-2003).
2. Subs. by Act 18 of 2022, s. 15, for "five representatives" (w.e.f. 1-4-2023).
3. Ins. by s. 15, ibid. (w.e.f. 1-4-2023).
2. Subs. by Act 18 of 2022, s. 15, for "five representatives" (w.e.f. 1-4-2023).
3. Ins. by s. 15, ibid. (w.e.f. 1-4-2023).
Section 37 Omitted..
[Declaration of closed area.]---Omitted by the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), s. 21(w.e.f. 1-4-2003).
Section 38 Power of Central Government to declare areas as sanctuaries or National Parks or conservation reserves.
38. Power of Central Government to declare areas as sanctuaries or National Parks 1[or conservation reserves].(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 2[sections 18 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.
3[(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.]
(3) In relation to a sanctuary or National Park 1[or conservation reserve] declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in 4[sub-sections (1), (2) and (2A)], 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.
(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.
3[(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.]
(3) In relation to a sanctuary or National Park 1[or conservation reserve] declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in 4[sub-sections (1), (2) and (2A)], 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.
1. Ins. by Act 18 of 2022, s. 16, (w.e.f. 1-4-2023).
2. Subs. by Act 44 of 1991, s. 25, for "sections 19 to 35" (w.e.f. 2-10-1991).
3. Ins. by Act 18 of 2022, s. 16 (w.e.f. 1-4-2023).
4. Subs. by s. 16, ibid, for "sub-sections (1) and (2)" (w.e.f. 1-4-2023).
2. Subs. by Act 44 of 1991, s. 25, for "sections 19 to 35" (w.e.f. 2-10-1991).
3. Ins. by Act 18 of 2022, s. 16 (w.e.f. 1-4-2023).
4. Subs. by s. 16, ibid, for "sub-sections (1) and (2)" (w.e.f. 1-4-2023).