Sign in / Join   

HOME BLOG ACTS CAREERS LAW NOTES  WEEKLY COMPETITION  

Home  General  Protected areas under the Wildlife Protection Act, 1972

General internship Wildlife Protection Act

Protected areas under the Wildlife Protection Act,

1972
May 31, 2020  16399  0

   

Image Source: https://bit.ly/2MaYCJq

This article is written by Ilashri Gaur, a law student pursuing

B.A. LLB (Hons.) from Teerthanker Mahaveer University. This
article deals with the whole concept of the Wildlife Protection
Act, 1972. This act provides the provisions regarding the
protection of Wildlife.

Table of Contents

1. Introduction
2. Sanctuaries
3. Declaration of the sanctuary
4. Collectors
4.1. Collector to determine rights
4.2. Bar of accrual of rights
4.3. Proclamation Inquiry
4.4. Powers
4.5. Delegation of Collector’s powers
5. Acquisition of rights
5.1. Acquisition proceedings
5.2. Time-limit for completion of acquisition proceedings
6. Protection of Sanctuaries
6.1. Restriction on the entry in the sanctuary
6.2. Grant of permit
6.3. Destruction in a sanctuary prohibited without a permit
6.4. Causing fire prohibited
6.5. Prohibition of entry into the sanctuary with the weapon
6.6. Ban on the use of injurious substances
7. Control of sanctuaries
8. Immunization of live-stock
9. Advisory Committee
10. Registration of certain persons in possession of arms
11. National Park
11.1. Declaration of National Parks
12. Conservation reserve
12.1. Declaration and management of a conservation reserve
12.2. Conservation reserve management committee
13. Community reserve
13.1. Declaration and management of community reserve
13.2. Community reserve management committee
14. Power of Central Government to declare areas as
sanctuaries or National Parks
15. Difference between Wildlife Sanctuary and National Park
16. Conclusion

Introduction
Today’s world is full of new technologies, machinery, buildings,
offices. We are moving ahead with modernization but we are
lacking behind with nature. Nobody is focusing on the
environment, as due to deforestation and modernization, there
is an imbalance in the environment. In order to preserve the
world, we need to focus on the flora and fauna of the world.
With the loss of the forests to deforestation, there has been an
immense loss of the natural habitat of the wildlife. Many of the
species are already extinct and many of them are going to be
extinct. Hunting and eating of wild animals has also led to this.

Hence, it is very much necessary to understand the need of the

hour and protect the wildlife. In order to protect them, many
steps can be taken by the government as well as by the
people. People should stop using the things which are made up
of wild animal body parts which would help to reduce the
demand for illegal wildlife animal parts and due to which
hunting of animals will also be reduced.

Sanctuaries
There are many wildlife sanctuaries all over the world. It is the
natural habitat owned by the government or some private
agency for the safeguard of the wild animals. They aim at
providing a comfortable life for the animals. The importance of
wildlife sanctuaries are:

To protect the endangered species.

It is difficult to relocate them from their natural habitat, so it

is easy to protect them in their natural environment.

In sanctuaries, the endangered species are specially

monitored. They grow and reproduce in numbers and
provide protection.

Biologists and researchers are there who keep an eye on the

animals.

These sanctuaries protect the species from humans and

predators.

Declaration of the sanctuary

Section 26A of the Wildlife Protection Act defines the
declaration of the sanctuary. It says that the State Government
may declare its intention to constitute an area which consists of
adequate ecological, flora, fauna, natural or zoological
significance for the protection of wildlife. ‘Wildlife’ is defined by
the State Government through notification. There is no need to
pass legislation by the State Assembly to declare a wildlife
sanctuary.

Collectors
The State Government appoints an officer as a collector to
inquire and determine the existence of the nature and extent of
rights of any person. Here are some pointers regarding the
rights and power a collector has. Under Section 18 of the
Wildlife Protection Act, appointment of the collectors is defined.

Collector to determine rights

Section 19 of the Wildlife Protection Act defines that any claim
under this section is required to be submitted within two
months from the date of such proclamation. The claim includes
the nature and extent of such rights in the written form and in
a prescribed manner.

Bar of accrual of rights

Section 20 of the Wildlife Protection Act defines the bar of
accrual of rights. It means that no right can be obtained over
the land comprising within the limits of the specified area in
such notification, except for testamentary, succession or
intestate.

Proclamation Inquiry
Proclamation inquiry is done by the collector. The collectors are
vested with the same power as are vested in the civil courts for
the trial of suits. The collector shall publish a proclamation
within a period of sixty days.

Powers
Section 23 of the Wildlife Protection Act defines the powers of
the collector. The collector may exercise the following powers:

To enter upon any land and to survey, demarcate the same

and to authorize any other officer to do so.

The same power is vested in a civil court for the same.

Delegation of Collector’s powers

Section 26 of the Wildlife Protection Act deals with the
delegations of the collector’s power. The State Government, by
general order or special order, directs that the powers are
exercisable. The functions to be performed by the collector are
provided under Section 19 to 25. It may be exercised and
performed by other officers as specified in the order.

Acquisition of rights
Section 24 of the Wildlife Protection Act deals with the
acquisition of rights and they are as follows:

If anyone claims a right in and over any land referred to in

Section 19 then the collector can pass an order admitting or
rejecting the same either in whole or in parts.

If the claim is admitted in whole or in part then the collector

can either-

Exclude that land from the limit of the proposed sanctuary,

or

Proceed to acquire such land, except if an agreement

between the owner of the land and the holder and the
government and if the owner has agreed to surrender his
rights to the government and payment of such
compensation as is provided in the Land Acquisition Act, in
consultation with the Chief Wildlife Warden.

Acquisition proceedings
Section 25 of the Wildlife Protection Act deals with the
acquisition of proceedings. It says that:

For acquiring such land, the collector takes an action and the
proceeding will carry on under the Land Acquisition Act,
1894.

For acquiring such land, the claimant shall be considered to

be an interested person and appearing before him in
pursuance of giving the notice under Section 9.
 The collector with the consent of the claimant or the court
may award compensation in land or money, in whole or in
part.

In case of the stoppage of public way or common paster, the

collector with the previous sanction of the State
Government, provides an alternate way for public stoppage.

The acquisition under this Act of any land shall be deemed

as the acquisition for a public purpose.

Time-limit for completion of acquisition

proceedings
Section 25A of the Wildlife Protection Act deals with the time
limit for the completion of the acquisition proceedings. It says
that the collector shall complete the proceedings under
section 19 to 25 within the period of two years from the date of
notification of declaration of sanctuary. The notification shall
not fail for any reason, if so, then the proceeding will not be
complete within the period of two months.

Click Above

Protection of Sanctuaries
There are different ways to protect the sanctuaries. In the
Wildlife Protection Act, under different sections, various ways to
protect the wildlife are given.

Restriction on the entry in the sanctuary

Section 27 deals with the restriction on the entry which means
that no person will enter other than-

1. Public servant who is on duty.

2. Person who is permitted by the Chief Wildlife Warden or by

an authorized officer.

3. who has any right over the immovable property within the
limits of the sanctuary.

4. Person passing through the sanctuary by public highway.

Every person if he resides in the sanctuary be bound:

1. To prevent the commission in the sanctuary against an

offense.
2. If someone believes that against this Act any offense has
been committed then one should help in discovering and
arresting the offender.

3. One should report the death of any wild animal to the Chief
Wildlife Warden or authorized officer to take charge.

4. No person can tease any wild animal or throw the garbage

on the ground of sanctuary.

5. If there is any fire so to extinguish and prevent the

sanctuary from the same.

Grant of permit
Section 28 of the Wildlife Protection Act deals with granting the
permission. The permission will be given only for the purpose:

1. To investigate or study of wildlife

2. Photography

3. Scientific research

4. Tourism

5. Transaction of lawful business with any person

A permission to enter a sanctuary shall be issued on such

conditions and the payment shall be made as prescribed.

Destruction in a sanctuary prohibited

without a permit
Section 29 deals with the destruction in a sanctuary that is
prohibited without a permit. It says that no person shall
destroy, exploit or remove any wildlife, including forest produce
from a sanctuary or destroy or damage the habitat of wild
animals, by doing any act like stopping or enhancing the flow
of water into or outside the sanctuary. No permission shall be
granted until the State Government is satisfied with the
changes like the flow of water, if the government feels that it is
for the betterment of the wildlife only then, changes can be
made.

Causing fire prohibited

Section 30 deals with the prohibition on causing fire. It says
that no person shall set fire in a sanctuary or leave a fire
burning in the sanctuary as to endanger such sanctuary.

Prohibition of entry into the sanctuary

with the weapon
Section 31 deals with the prohibition of entry into the
sanctuary with the weapons. It says that no person shall enter
with the weapons except for those who take permission in
writing from the Chief Wildlife Warden or the authorized
officer.

Ban on the use of injurious substances

Section 32 deals with the ban on the use of injurious
substances in the sanctuary. It says that no person shall use
any kind of chemicals, explosives or any other substances
which may cause injury to the wild animals in the sanctuary.

Control of sanctuaries
Section 33 deals with the management of the sanctuaries. It
says that the Chief Wildlife Warden shall be the authority who
controls, manages and maintains the wildlife sanctuaries as:
1. It may construct roads, buildings, bridges, fences or gates
and can make such other things which are necessary for the
sanctuaries.

2. They can take such steps that ensure the security of wild
animals and the preservation of the sanctuary.

3. They can take such measures which help in the

improvement of wildlife and the habitat.

4. They can regulate, control or prohibit the grazing and

movement of livestock for the welfare of wildlife.

Immunization of live-stock
Section 33A deals with the immunization of livestock. It says
that the Wildlife Warden shall take such measures that may be
prescribed for the immunization against communicable diseases
in the livestock kept in or within five-kilometer of a sanctuary.

No person shall take or cause any livestock without getting it

immunized.

Advisory Committee
Section 33B deals with the matter of the advisory committee. It
says that the State government constitutes an Advisory
Committee consisting of the Chief Life Warden and shall include
a member of the state legislature within the sanctuary. There
are three representatives of Panchayati Raj Institutions, two
representatives of non-governmental organizations and three
individuals active in the field of wildlife conservation, one
representative each from departments dealing with home
matters. Honorary Wildlife Warden and the office-in-charge of
the sanctuary as member-secretary of the committee.

The committee shall give advice on measures to be taken for

the better conservation and management of the sanctuary. The
committee shall regulate its own procedure including quorum.

Registration of certain persons in

possession of arms
Section 34 deals with the registration of certain persons in
possession of arms within the 3 months from the declaration of
any area as a sanctuary. Every person residing within ten
kilometers of any such sanctuary and holding a license under
the Arms Act, it shall be applied in such form and the payment
of fees shall be done within the prescribed time period.

National Park
A national park is a park which is used for protection purposes.
It protects places of natural beauty. The national park provides
a safe home to the natural beauty and protects the animals.

Declaration of National Parks

Section 35 deals with the declaration of national parks. It says:

An area which by reason is ecological, has fauna, flora or

with other benefits related to the wildlife needs to be
constituted as a national park. To protect the wildlife, it may
be constituted by the notification.

If any area is intended to be declared as a national park it is

first applied to investigation of the land and determination of
the claims.

No one can enter except the person who brings livestock for
the animal.

The state government has all the rights of lands to be

included in the national parks. State government should
 issue a notification specifying the limits of the area which is
within the national park.

Only on the recommendation of the national board, the

changes to the boundaries of national parks can be made.

Conservation reserve
Section 36 deals with the declaration and the management of
the conservation reserve. As are mentioned below:

Declaration and management of a

conservation reserve
Section 36A deals with the declaration and management of a
conservation reserve. The state government after consultation
with the local community declares that any area owned by the
government adjacent to the national parks and sanctuaries is
connected with one protected area to another. The central
government has the power over conservation reserve with its
prior concern.

Conservation reserve management

committee
Section 36B deals with the committee management of
conservation reserve. It says that the state government shall
constitute a conservation reserve management committee to
advise the Chief Wildlife Warden to conserve, manage and
maintain the conservation reserve.

For the forest and wildlife department, the committee consists

of a representative, who will be the member secretary of that
committee. There should be one representative of each village
panchayat in whose jurisdiction the reserve is located and the
three representatives of non-governmental organizations
working in the field of wildlife conservation and one
representative each from the Department of Agriculture and
Animal Husbandry.

Community reserve
Section 36C and Section 36D deals with the declaration and
management of community reserve.

Declaration and management of

community reserve
Section 36C deals with the declaration and management of
community reserve. It says that the state government declares
any private or community land not within a national park,
sanctuary, or conservation reserve, as a community reserve for
protecting fauna, flora and traditional or cultural conservation
values and practices.

The provision of sub-section (2) of Section 18, sub-section (2),

(3) and (4) of Section 27, Section 30, 32 and clauses (b) and
(c) of Section 33 shall as far as it may apply in relation to the
sanctuary.

After issuing of the notification, no change in the land use

pattern shall be made within the community reserve.

Community reserve management

committee
Section 36D deals with the community reserve management
committee. The state government shall constitute a
 community reserve management committee which shall be
the authority responsible for maintaining and managing.

The committee shall consist of five representatives.

The committee shall be a competent authority to prepare

and implement the management for the community reserve.

The community should elect a Chairman who can also be the

Honorary Wildlife Warden on the committee reserve.

Power of Central Government to

declare areas as sanctuaries or
National Parks
Section 38 defines the power of the Central Government to
declare areas as sanctuaries or national parks. It says that:

The state government grants or transfers any area under its

control. The central government, if satisfied with the
conditions of the specified area, can declare it as a sanctuary
or a national park by the notification.

The central government has the power to declare

sanctuaries or national parks if the government is satisfied
by the conditions which are given in section 35.

A sanctuary or national park which is declared by the central

government, the powers and duties of that sanctuary or
national park are given to the Chief Wildlife Warden and an
authorized officer on behalf of the Warden.

Difference between Wildlife

Sanctuary and National Park
Wildlife
Basis
sanctuary National park

It is natural habitat,
It is a protected
owned by the
area which is
government or
established by
private agency for
Meaning the government
the protection of wild
for the wildlife.
animals.

Animals, birds, Flora, fauna,

Preserve
insects, reptiles, etc. landscape, etc.

To protect the
To maintain the
natural and
Objective wildlife population
historic objects
and their habitat.
and wildlife.

Highly
Less restricted and restricted, no
Restriction
open for all. random person
is allowed.

Not required
Official permission Required

Fixed by
Boundaries Not fixed
legislation

Allowed to a certain Not

Human activity
extent allowed at all

Conclusion
This Act provides all the provisions for the protection of wildlife.
It provides restriction and registration for the welfare of the
sanctuaries and national parks. To conclude this whole Wildlife
Protection Act, according to me, the National Protection Act
should have a permanent commission. A commission can
particularly work on wildlife protection as the government
doesn’t have enough time to monitor the same.

As even nowadays, many animals die due to various reasons,

so it is necessary to monitor them so that this Act can be taken
seriously. This Act protects various acts for the safeguard of
animals but there is no one who can particularly focus only on
the protection of this Act.

LawSikho has created a telegram group for exchanging legal

knowledge, referrals and various opportunities. You can click
on this link and join:

https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA

Follow us on Instagram and subscribe to our YouTube channel

for more amazing legal content.

TAGS Conservation reserve

Difference between Wildlife Sanctuary and National Park

   

Previous article Next article

Blog Competition Winner How copyright has changed the

Announcement (Week 5th April Entertainment Industry in the
2020) recent time

RELATED ARTICLES MORE FROM AUTHOR

Child labour laws for the Divorce under Hindu List of regulatory
entertainment industry in Marriage Act, 1955 compliances for Foreign
India Direct Investors (FDIs) in
India

 

LEAVE A REPLY

Comment:

Name:*

Email:*
 Website:

Save my name, email, and website in this browser for the next
time I comment.

Post Comment

© Copyright 2016, All Rights Reserved. | Powered by iPleaders