The Wild Life (Protection) Act

The Wild Life (Protection) Act, 1972

No.53 of 1972

[9th September, 1972]

An Act to provide for the protection of wild animals and birds and for matters connected therewith or ancillary or incidental thereto.

Whereas it is expedient to provide for the protection of wild animals and birds and for matters connected therewith or ancillary or incidental thereto;

and WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution;

and whereas in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Andhra Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Manipur, Punjab, Rajasthan, Uttar Pradesh and West Bengal to the effect that the matters aforesaid should be regulated in those States by Parliament by law;

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows :-

CHAPTER I

PRELIMINARY

1.Short title, extent and commencement.- (1) This Act may be called the Wild Life (Protection) Act, 1972.

(2) It extends in the first instance to the whole of the States of Andhra Pradesh, Bihar, Gujarat, Haryana, Himachal Pradesh, Madhya Pradesh, Manipur, Punjab, Rajasthan, Uttar Pradesh and West Bengal and to all the Union territories; and it shall also extend to such other State as may adopt this Act by resolution passed in that behalf in pursuance of clause (1) of article 252 of the Constitution.

(3) It shall come into force in a State or Union territory to which it extends, or may become extended in future, on such date as the Central Government may, by notification, appoint, and directly 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 an article or object in which the whole or any part of such animal has been used.

(2) “animal article” means an article made from any captive animal or wild animal, other that vermin, and includes an article or object in which the whole or any part of such animal has been used;

(3) “big game” means any animal specified in Schedule III;

(4) “Board” means the Wild Life Advisory Board constituted under sub-section (1) of section 6;

(5) “captive animal” means any animal, specified in Schedule I, Schedule II, Schedule III or Schedule IV, which is captures or kept or bred in captivity;

(6) “cattle” includes buffaloes, bulls, bullocks, camels, cows, domestic elephants, donkeys, goats, horses, mules, pigs and sheep, and also includes their young;

(7) “Chief Wile Life Warden” means the person appointed as such under clause (a) of sub-section (1) of section 4;

(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, animal article, trophy, uncured trophy or meat;

(12) “Director” means the person appointed as Director of Wild Life Preservation under clause (a) of sub-section (1) of section 3;

(13) “game reserve” means an area declared under section 36 to be a game reserve;

(14) “Government property” means any property referred to in section 39;

(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 disturbing the eggs or nests of such birds or reptiles;

(17) “land” includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, and also includes boulders and rocks;

(18) “licence” means a licence granted under this Act;

(19) “manufacturer” means a manufacturer of animal articles;

(20) “meat” includes blood, bones, sinew, eggs, fat and fresh, whether raw or cooked, of any wild animal, other than vermin;

(21) “National Park” means an area declared whether under section 35 or section 38, or deemed, under sub-section (3) of section 66, to be declared, as a National Park;

(22) “notification” means a notification 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 prescribed by rules made under this Act;

(26) “sanctuary” means an area declared, whether under section 18 or section 38, or deemed under sub-section (3) of section 66, to be declared, as a wild life sanctuary;

(27) “small game” means any animal specified in Schedule IV;

(28) “special game” means any animal specified in Schedule II;

(29) “State Government”, in relation to a Union territory, means the Administrator of that 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;

(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, father, nail, tooth, musk, eggs and nests;

(32) “uncured trophy” means the whole or any part of any captive animal or wild animal, other than vermin, which has not undergone a process of taxidermy, and includes a freshly killed and wild animal;

(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, poisons 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 or Schedule V, wherever found;

(37) “wild life” includes any anima, bees, butterflies, crustacea, fish and moths; and aquatic or land vegetation which forms part of any habitat;

(38) “Wild Life Warden; means the person appointed as such under clause (b) of sub-section (1) of section 4.

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

(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 officers 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; and

(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) The Wild Life Warden and other officers and employees appointed under this section shall be subordinate to the Chief Wild Life 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 children given or condition imposed by the Director or the Chief Wild Life Warden, any person, authorised by the Director or the Chief Wild Warden to exercise any powers, may exercise those powers in the same manner and to the same effect and if they had been conferred on that person directly by this Act and not by way of delegation.

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 State Government, or, as the case 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;

(d) Chief Conservator of Forests, ex officio;

(e) an officer to be nominated by the Director;

(f) Chief Wild Life Warden, ex officio;

(g) such other officers and non-officials, not exceeding fifteen, who, in the opinion of the State Government, are interested in the protection of wild life.

(2) The State Government shall appoint Chief Conservator of Forests or Chief Wild Life Warden as the Secretary of the Board.

(3) The term of office of the members of the Board refereed 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 this 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 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, game reservoirs and closed areas and the administration thereof;

(b) in formulation of the policy in granting licences and permits under this Act;

(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

9.Hunting of wild animals.- (1) No person shall hunt any wild animal specified in Schedule I.

(2) No person shall hunt any wild animal specified in Schedule II, Schedule III, Schedule IV, except under, and in accordance with, the conditions specified in a licence granted under sub-section (5).

(3) Any person desiring to obtain a licence referred to in sub-section (2) shall apply, in such form, and on payment of such fee, as may be prescribed, to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf (hereinafter referred to as the authorised officer).

(4) An application under sub-section (3) may be made for all or any of the following kinds of licences, namely :-

(a) Special game hunting licence.

(b) Big game hunting licence.

(d) Wild animal trapping licence :

Provided that any such licence may be restricted to the hunting or trapping of such animal as may be specified therein.

(5) On receipt of an application under sub-section (3), the Chief Wild Life Warden or the authorised officer may, after making such inquiry as he may think fit with regard to the fitness or otherwise of the applicant to receive the licence, grant or refuse to grant such license after recording in writing his reasons for such grant or refusal; and when the grant of a licence is refused, the fee paid therefor shall be refunded to the applicant.

(6) A licence granted under this section shall-

(a) be in such form as may be prescribed;

(b) be valid for such period as may be specified therein;

(d) not be transferable.

10.Maintenance of records of wild animals killed captured.- (1) The holder of every licence shall maintain a record, containing such particulars as may be prescribed, of the wild animals, other than vermin, killed or captured by him during the currency of the licence.

(2) When any animal specified in Schedule II or Schedule III is killed, wounded, or captured by the holder of a license, he shall, not later than fifteen days from the date of such killing, wounding or capture, or before leaving the area specified in the licence, which ever is earlier, intimate in writing to the Chief Wild Life Warden or the authorised officer, the prescribed particulars of such animal killed, wounded or captured by him.

(3) The holder of every licence shall, not later than fifteen days from the date of expiry of such licence surrender the records maintained by him under sub-section (1) and the licence to the Chief Wild Life Warden or the authorised officer, and shall sign a declaration, in the prescribed form certifying the accuracy of the records maintained by him under sub-section (1).

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 therefor, 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, therefor, 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 of 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 provision 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.

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, with the previous permission of the State Government, a permit by an order in writing stating the reasons therefor, to any person, on payment of such fee 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;

(b) scientific research; or

13.Suspension or cancellation of licence.- The Chief Wild Life Warden or the authorised officer may, subject to any general or special orders of the State Government, for good and sufficient reason, to be recorded in writing, suspend or cancel any licence granted under this Chapter :

Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.

14.Appeals.- (1) An appeal from an order refusing to grant a licence under section 9, or an order suspending or cancelling a licence under section 13, shall, lie,-

(a) if the order is made by the authorised officer, to the Chief Wild Life Warden, or

(b) if the order is made by the Chief Wild Life Warden, to the State Government.

(2) In the case of an order passed in appeal by the Chief Wild Life Warden under sub-section (1), a second appeal shall lie to the State Government.

(3) Subject as aforesaid, every order passed in appeal under this section shall be final.

(4) No appeal shall be entertained unless it is preferred within fifteen days from the date of the communication to the applicant of the order appealed against :

Provided that the appellate authority may admit any appeal after the expiry of the period aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

15.Hunting of young and female of wild animals.- No person shall, unless specially authorised by a licence, hunt the young of any wild animal, other than vermin, or any female of such animal, or any deer with antlers in velvet.

16.Declaration of closed time.- (1) The State Government may, by notification, declare the whole year or any part thereof, to be a closed time throughout the State, or any part thereof, for such wild animal as may be specified in the notification and no hunting of such animal shall be permitted, during the said period, in the area specified in the notification.

(2) The provisions of sub-section (1) shall not apply to vermin unless otherwise specified by the State Government in this behalf.

17.Restrictions on hunting.- (1) No person shall-

(a) hunt any wild animal, from or by means of, a wheeled or a mechanically propelled vehicle on water or land, or by aircraft;

(b) use an aircraft, motor vehicle or launch for the purpose of driving or stampeding any wild animal;

(c) hunt any wild animal with chemicals, explosives, nets, pit falls, poisons, poisoned-weapons, snares or traps, except in so far as they relate to the capture of wild animals under a Wild Animal Trapping Licence;

(d) hunt any special game or big game other than with a rifle unless specially authorised by the licence to hunt with a shot-gun using single-slug bullets;

(e) for the purpose of hunting, set fire to any vegetation;

(f) use any artificial light for the purpose of hunting except when specially authorised to do so under a licence in the case of carnivora over a kill;

(g) hunt any wild animal during the hours of night, that is to say, between sun-set and sun-rise, except when specially authorised to do so under a licence in the case of carnivora over a kill;

(h) hunt any wild animal on a salt-lick or water hold or other drinking place or on path or approach to the same, except sand-grouse and water-birds;

(i) hunt any wild animal on any land not owned by Government, without the consent of the owner or his agent or the lawful occupier of such land;

(j) notwithstanding that he holds a licence for the purpose, hunt any wild animal during the closed time referred to in section 16;

(k) hunt, with the help of dogs, any wild animal except water-bird, chakor, partridge or quail.

(2) The provisions of sub-section (1) shall not apply to vermin.

Chapter V

sanctuaries, national parks, game reserves and closed areas

Sanctuaries

18.Declaration of Sanctuary.- (1) The State Government may, by notification declare any area to be a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting propagation or developing wild life or its environment.

(2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area.

Explanation.- For the purpose of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.

19.Collector to determine rights.- Whenever any area is declared to be a sanctuary, the Collector shall inquire into, and determine, the existence, nature and extend 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 succession, testamentary or intestate.

21.Proclamation by Collector.- When a notification has been issued under section 18, the Collector shall publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation-

(a) specifying, as nearly as possible, the situation and the limits of the sanctuary; and

(b) requiring any person, claiming any right mentioned in section 19, to prefer before the Collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with necessary details and the amount and particulars of compensation, if any, claimed in respect thereof.

22.Inquiry by Collector.- 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 re cords of the State Government and the evidence of any person acquainted with the same.

23.Powers of Collector.- For the purposes of such inquiry, the Collector may exercise the following powers, namely :-

(a) the power to enter in on upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so;

(b) the same powers as are vested in a civil court for the trial of suits.

24.Acquisition of rights.- (1) In the case of a claim to a right in or over any land referred to in section 19, the Collector shall pass an order admitting or rejecting the same in whole or in part.

(2) If such claim is admitted in whole or in part, the Collector may either-

(a) exclude such land from the limits of the proposed sanctuary, or

(b) proceed to acquire such land or rights, except where by an agreement between the owner of such land or holder of rights and the Government, the owner or holder of such rights has agreed to surrender his rights to the Government, in or over such land, and on payment of such compensation, as is provided in the Land Acquisition Act, 1894 (1 of 1894).

25.Acquisition proceedings.- (1) For the purpose of acquiring such land, or rights in or over such land,-

(a) the Collector shall be deemed to be a Collector, proceeding under the Land Acquisition Act, 1894 (1 of 1894);

(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;

(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 that Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of Part III of that Act;

(e) the Collector, with the consent of the claimant, or the court, with the consent of both the parties, may award compensation in land or money or partly in land and partly in money; and

(f) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the State Government, provide for an alternative public way or common pasture, as far as may be practicable or convenient.

(2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose.

26.Delegation of Collectors powers.- The State Government may, by general or special order, direct that the powers exercisable or the functions to be performed by the Collector under sections 19 to 25 (both inclusive) may be exercised and performed by such other officer as may be specified in the order.

27.Restriction on entry in sanctuary.- (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,

(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 powers, 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.

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;

(d) tourism;

(e) transaction of lawful business with any person residing in the sanctuary.

(2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed.

29.Hunting in sanctuary without permit prohibited.- (1) Notwithstanding anything contained elsewhere in this Act, no person shall hunt any wild animal in a sanctuary or remove therefrom any wild animal, whether alive or dead, or any trophy, uncured trophy, or meat derived from such animal :

Provided that if the Chief Wild Life Warden is satisfied that it is necessary that any wild animal in a sanctuary should be hunted or removed,-

(a) for the better protection of wild life, or

(b) for any other good and sufficient reason,

he may, with the previous approval of the State Government, grant a permit authorising any person to hunt or remove such wild animal under the direction of an officer authorised by him or cause it to be hunted or removed.

(2) A permit granted under sub-section (1) shall specify the kind and number of wild animals that may be hunted or removed by the holder of such permit.

(3) The Chief Wild Life Warden may, for good and sufficient reason, to be recorded in writing, cancel any permit granted under section 28 or under this section :

Provided that no such cancellation shall be made except after giving the holder of the permit a reasonable opportunity of being heard.

(4) Any person aggrieved by the cancellation of a permit under sub-section (3) may, within fifteen days from the date of such cancellation, appeal to the State Government, whose decision shall be final :

Provided that the State Government may admit any appeal preferred after the expiry of the period aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

30.Causing fire prohibited.- No person shall set fire to a sanctuary, or kindle any fire, or leave any fire burning, in a sanctuary, in such manner as to endanger such sanctuary.

31.Prohibition of entry into sanctuary with weapon.- 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 wild life, as he may consider necessary for the improvement of any habitat;

(d) may regulate control or prohibit, in keeping with the interest of wild life, the grazing or movement of cattle;

(e) may regulate, control or prohibit, any fishing.

34.Registration of certain persons in possession of arms.- (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 possession arms, shall apply in such form, on payment of such fee and within such time as may be prescribed, to the Chief Wild Life Warden or the authorised officer, for the registration of his name.

(2) On receipt of an application under sub-section (1), the Chief Wild Life Warden or the authorised officer shall register the name of the applicant in such manner as may be prescribed.

National Parks

35.Declaration of National Parks.- (1) Whenever it appears to the State Government that an area whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a National Park.

(2) The notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a National Park.

(3) Where any area is intended to be declared as a National Park, the provisions of sections 19 to 26 (both inclusive) shall, as far as may, be, apply to the investigation and determination of claims, and extinguishment of rights, in relation to any land in such area as they apply to the said matters in relation to any land in a sanctuary.

(4) When the following events have occurred, namely,-

(a) the period for preferring claims has elapsed, and all claims, if any, made in relation to any land in an area intended to be declared as a National Park, have been disposed of by the State Government, and

(b) all rights in respect of lands proposed to be included in the National Park have become vested in the State Government, the State Government shall publish a notification specifying the limits of the area which shall be comprised within the National Park and declare that the said area shall be a National Park on and from such date as may be specified in the notification.

(5) No alteration of the boundaries of a National Park shall be made except on a resolution passed by the Legislature of the State.

(6) No person shall destroy, exploit or remove any wild life from a National Park or destroy or damage the habitat of any wild animal or deprive any wild animal of its habitat within such National Park except under and in accordance with a permit granted by the Chief Wild Life Warden and no such permit shall be granted unless the State Government, being satisfied that such destruction, exploitation or removal of wild life from the National Park is necessary for the improvement and better management of wild life therein, authorises the issue of such permit.

(7) No grazing of any cattle shall be permitted in a National Park and no cattle shall be allowed to enter therein except where such cattle is used as a vehicle by a person authorised to enter such National Park.

(8) The provisions of sections 27 and 28, sections 30 to 32 (both inclusive), and clauses (a), (b) and (c) of section 33, and section 34 shall, as far as may be, apply in relation to a National Park as they apply in relation to a sanctuary.

Game Reserve

36.Declaration of game reserve.- (1) The State Government may, by notification, declare any area to be a game reserve.

(2) No hunting of any wild animal shall be permitted in such reserve except under and in accordance with a licence issued under this section by the Chief Wild Life Warden or the authorised officer.

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