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Chapter 4: The Wild Life (Protection) Act, 1972

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Chapter IV: Protected Areas

This chapter lays out the extensive legal process for creating and managing wildlife sanctuaries.

Section 18: Declaration of sanctuary

  1. 18(1) The State Government may, by notification, declare its intention to constitute any area other than an area comprised within any reserve forest or the territorial waters as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological, natural or zoological significance, for the purpose of protecting, propagating or developing wild life or its environment.]
    • Simple Translation: The State Government can publicly announce its plan (by notification) to establish any area of land (except land already designated as a Reserve Forest or Territorial Waters) as a Sanctuary. This decision is based on the land’s ecological (ecosystem), faunal (animal), floral (plant), geomorphological (geological formation), natural, or zoological importance for protecting or growing wildlife.
    • Practical Example: The State Government, noting a dense population of a rare deer species and unique terrain, publishes a Gazette notification declaring its intent to create the “XYZ Wildlife Sanctuary” in a particular region.
  2. 18(2) The notification referred to in sub-section (1) shall specify, as nearly as possible, the situation and limits of such area.
    • Simple Translation: The public announcement creating the Sanctuary must describe the location and boundaries of the area as precisely as possible.
    • Practical Example: The notification must include a map or detailed description: “The proposed Sanctuary runs along the north bank of River Ganga, bounded by National Highway 47 to the west…”
  3. Explanation. For the purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.
    • Simple Translation: To define the boundary, it’s acceptable to use clear, easily recognizable natural or human-made features, such as roads, rivers, or mountain ridges.
    • Practical Example: Instead of complex GPS coordinates, the notification can simply state: “The northern boundary is defined by the T-3 Forest Road and the eastern boundary by the Satpura River.”

Section 18A: Protection to sanctuaries

  1. 18A(1) When the State Government declares its intention under sub-section (1) of section 18 to constitute any area, not comprised within any reserve forest or territorial waters under that sub-section, as a sanctuary, the provisions of sections 27 to 33A (both inclusive) shall come into effect forthwith.
    • Simple Translation: As soon as the State Government announces its intention to create a Sanctuary (under 18(1)), the rules for controlling entry, granting permits, banning fire, and managing the area (Sections 27 through 33A) immediately apply to the area.
    • Practical Example: The day the official “intention” notice is published, unauthorized entry, the use of weapons, and the starting of fires (Section 30 and 31) are instantly illegal in the proposed Sanctuary area.
  2. 18A(2) Till such time as the rights of affected persons are finally settled under sections 19 to 24 (both inclusive), 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.
    • Simple Translation: While the government is completing the process of investigating and settling the land rights of people living there (Sections 19-24), the State must provide temporary, substitute sources of fuel (firewood), fodder (animal feed), and other forest resources to those people who have documented legal rights to them.
    • Practical Example: While the Collector determines the rights of a community to collect dry leaves from the forest, the State must set up an alternative depot outside the area where the community can purchase or collect equivalent firewood and fodder.

Section 18B: Appointment of Collectors

18B. The State Government shall appoint, an officer to act as Collector under the Act, within ninety days of coming into force of the Wild Life (Protection) Amendment Act, 2002 (16 of 2003), or within thirty days of the issue of notification under section 18, to inquire into and determine the existence, nature and extent of rights of any person in or over the land comprised within the limits of the sanctuary which may be notified under sub-section (1) of section 18.]

  • Simple Translation: Within 30 days of announcing its intention to create a Sanctuary (or 90 days from the 2002 Act starting), the State Government must appoint an officer (the Collector under this Act) to start a formal investigation. The investigation’s purpose is to find out the existence, type, and extent of any person’s rights over the land within the proposed Sanctuary’s limits.
  • Practical Example: Thirty days after the “XYZ Wildlife Sanctuary” intention is declared, the State names the local Deputy Collector as the designated Collector for this process. This Collector immediately begins gathering records and taking testimonies to determine which villagers have legally documented grazing rights or land ownership claims.

Section 19: Collector to determine rights

19.

$$When a notification has been issued under section 18.$$

the Collector shall inquire into, and determine, the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary.

  • Simple Translation: Once the initial public notice (notification) for the Sanctuary has been issued, the appointed Collector has a legal duty to fully investigate and decide exactly what rights (such as ownership, collection, or passage) any person holds over the land inside the proposed Sanctuary.
  • Practical Example: The Collector reviews decades of revenue records, old court documents, and local land claims to formally determine that Mr. X has a legal right-of-way footpath through a small section of the forest and that Ms. Y legally owns a three-acre plot of land inside the boundary.

Section 20: Bar of accrual of rights

20. Bar of accrual of rights. After the issue of a notification under section 18, no right shall be acquired in, on or over the land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.

  • Simple Translation: Once the formal announcement to create the Sanctuary is made (under Section 18), no new rights (like buying land or claiming new access) can be established over that land. The only exception is if the rights are passed on to heirs (by a will or by law if there is no will).
  • Practical Example: The day after the Sanctuary notification, a person cannot legally buy a piece of land inside the proposed boundary. However, if a current landholder dies, their son or daughter can still legally inherit that existing right.

Section 21: Proclamation by Collector

This section requires the appointed Collector to officially inform the public about the proposed Sanctuary and invite claims from anyone asserting land rights within its boundaries.

  1. 21. When a notification has been issued under section 18, the Collector shall [within a period of sixty days] publish in the regional language in every town and village in or in the neighbourhood of the area comprised therein, a proclamation-
    • Simple Translation: After the State announces its intention to create the Sanctuary (Section 18), the Collector must, within 60 days, issue an official public announcement (proclamation) in the local language. This proclamation must be posted in every town and village both inside and around the proposed Sanctuary area.
    • Practical Example: The Collector posts a notice, written in the regional language, in the village square and nearby market towns, detailing the new process and deadlines.
    • 21(a) specifying, as nearly as possible, the situation and the limits of the sanctuary; and
      • Simple Translation: The announcement must clearly describe, as accurately as possible, where the proposed Sanctuary is located and what its boundaries are.
      • Practical Example: The notice includes a simple map and a description: “The eastern boundary runs along the Tapti River from the old mill to the highway bridge.”
    • 21(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.
      • Simple Translation: The announcement instructs any person who believes they have a legal right over the land (as investigated under Section 19) to submit a formal, written claim to the Collector within two months. This claim must detail the type and size of the right (e.g., ownership, grazing, right-of-way) and specify the amount of money or compensation they expect.
      • Practical Example: A villager submits a claim form within the 60-day window, stating they own two acres inside the boundary (nature/extent) and demanding ₹5,00,000 as compensation for the loss of ownership.

Section 22: Inquiry by Collector

This section mandates the Collector to formally investigate all claims submitted, as well as any unknown claims found in government records.

  1. 22. The Collector shall, after service of the prescribed notice upon the claimant, expeditiously inquire into-
    • Simple Translation: The Collector must formally notify each claimant and then quickly investigate the claims and rights related to the land:
    • 22(a) the claim preferred before him under clause (b) of section 21, and
      • Simple Translation: The Collector must review and investigate every formal written claim submitted by the public following the public announcement (Section 21(b)).
      • Practical Example: The Collector calls Mr. X for a hearing and reviews the property deeds Mr. X submitted to support his claim to a grazing right.
    • 22(b) the existence of any right mentioned in section 19 and not claimed under clause (b) of section 21, so far as the same may be ascertainable from the records of the State Government and the evidence of any person acquainted with the same.
      • Simple Translation: The Collector must also investigate any potential land rights that were not formally claimed by the public, but which they discover through State Government records or from information provided by knowledgeable local people.
      • Practical Example: The Collector notices in old forest records that a certain path was legally designated as a public right-of-way, even though no one formally claimed it under Section 21(b). The Collector must investigate and record this existing right.

Section 23: Powers of Collector

This section grants the Collector the authority needed to conduct the investigation into land claims properly.

  1. 23. For the purpose of such inquiry, the Collector may exercise the following powers, namely:-
    • Simple Translation: To carry out the investigation (under Section 22), the Collector is authorized to use the following powers:
    • 23(a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise any other officer to do so;
      • Simple Translation: The Collector can personally enter any property, or send another authorized officer, to survey the land, mark out the boundaries, and draw a map of the claimed area.
      • Practical Example: The Collector dispatches a land surveyor to physically inspect a disputed property boundary inside the proposed Sanctuary and create an accurate map for documentation.
    • 23(b) the same powers as are vested in a civil court for the trial of suits.
      • Simple Translation: The Collector is given the same authority as a civil court judge when handling these claims.
      • Practical Example: The Collector can legally issue summonses to force witnesses to appear, administer oaths, and compel the production of relevant legal documents or evidence.

Section 24: Acquisition of rights

This section details the formal options the Collector has for dealing with validated land rights once the inquiry is complete.

  1. 24(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.
    • Simple Translation: After reviewing the evidence, the Collector must issue a formal order either fully accepting, fully rejecting, or partially accepting the claim of right over the land.
    • Practical Example: A villager claimed five acres of land, but the Collector’s inquiry found documentation for only three. The Collector issues an order admitting the claim for three acres and rejecting the claim for the remaining two.
  2. 24(2) If such claim is admitted in whole or in part, the Collector may either-
    • Simple Translation: If the Collector agrees that a person has a valid right (in whole or in part), the Collector has three options for dealing with that right:
    • 24(2)(a) exclude such land from the limits of the proposed sanctuary, or
      • Simple Translation: The Collector can recommend that the area containing the admitted right be taken out of the Sanctuary’s planned boundary altogether.
      • Practical Example: If a small, isolated three-acre farm plot is legally proven, the Collector may recommend adjusting the Sanctuary boundary to exclude that specific plot.
    • 24(2)(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).
      • Simple Translation: The Collector can formally take over the land or the right, providing compensation according to the terms of the older Land Acquisition Act of 1894 (or if they both agree to a voluntary surrender of the right).
      • Practical Example: The Collector initiates formal legal proceedings to acquire a villager’s private land and pays the villager the fair market value determined by the rules of the Land Acquisition Act.
    • 24(2)(c) allow, in consultation with the Chief Wild Life Warden, the continuation of any right of any person in or over any land within the limits of the sanctuary.]
      • Simple Translation: The Collector can, after discussing and agreeing with the Chief Wild Life Warden, permit the existing right to continue unaffected even though it is inside the Sanctuary.
      • Practical Example: The Collector and CWLW agree to allow the continuation of a traditional right-of-way footpath used by a community, provided they only use the path and do not disturb the wildlife.

Section 25: Acquisition proceedings

This section details how the legal acquisition of rights (mentioned in Section 24(2)(b)) must be carried out, by essentially using the procedure of the Land Acquisition Act.

  1. 25(1) For the purpose of acquiring such land, or rights in or over such land,-
    • Simple Translation: When the Collector decides to acquire the land or rights (under Section 24(2)(b)), the following legal interpretations apply:
    • 25(1)(a) the Collector shall be deemed to be a Collector, proceeding under the Land Acquisition Act, 1894 (1 of 1894);
      • Simple Translation: The Collector acts as if they are following the formal process outlined in the Land Acquisition Act, 1894.
      • Practical Example: The Collector uses the official forms and procedures dictated by the 1894 Act to ensure the process is legally sound.
    • 25(1)(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;
      • Simple Translation: The person making the claim is treated as a person who has a direct interest in the land and has received the required formal notice under the Land Acquisition Act.
    • 25(1)(c) the provisions of the sections, preceding section 9 of that Act, shall be deemed to have been complied with;
      • Simple Translation: The initial steps required by the Land Acquisition Act (before the formal claim notice) are considered already completed for this process.
    • 25(1)(d) where the claimant does not accept the award made in his favour ha the matter of compensation, he shall be deemed, within the meaning of section 18 of that Act, to be a person interested who has not accepted the award, and shall be entitled to proceed to claim relief against the award under the provisions of Part III of that Act;
      • Simple Translation: If a claimant disagrees with the compensation amount offered by the Collector, they have the legal right to challenge that amount in court, following the appeal process defined in the Land Acquisition Act.
      • Practical Example: Mr. Y is offered ₹1,00,000 for his land but believes it is worth ₹2,00,000. He can formally challenge the compensation amount through the courts.
    • 25(1)(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
      • Simple Translation: Compensation can be paid in replacement land, cash (money), or a combination of both, provided the claimant agrees to the terms (or both sides agree in court).
      • Practical Example: A claimant agrees with the Collector to accept a smaller amount of cash plus a replacement plot of government land of equal value outside the Sanctuary boundary.
    • 25(1)(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.
      • Simple Translation: If the Sanctuary declaration eliminates a public road or a communal grazing area, the Collector can (with the State Government’s permission) create a new, alternative road or grazing area that is as convenient as possible.
      • Practical Example: The main public road is acquired, so the Collector, with State approval, finances the construction of a new bypass road just outside the Sanctuary boundary to maintain public access.
  2. 25(2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose.
    • Simple Translation: Legally, the government’s action of acquiring land or rights for the purpose of creating a Wildlife Sanctuary is always considered to be done for the benefit of the general public.
    • Practical Example: This classification simplifies the legal procedure and justification, as wildlife conservation is recognized as a legitimate “public purpose.”

Section 25A: Time-limit for completion of acquisition proceedings

  1. 25A(1) The Collector shall, as far as possible, complete the proceedings under sections 19 to 25 (both inclusive), within a period of two years from the date of notification of declaration of sanctuary under section 18.
    • Simple Translation: The Collector should aim to finish the entire process of investigating claims and settling rights (Sections 19 through 25) within two years from the date the Sanctuary was first proposed.
    • Practical Example: If the Sanctuary proposal was announced on January 1, 2024, the Collector must try to finalize all claims, compensation payments, and land acquisitions by January 1, 2026.
  2. 25A(2) The notification shall not lapse if, for any reasons, the proceedings are not completed within a period of two years.]
    • Simple Translation: If the process takes longer than the two-year target (due to unforeseen delays or complexity), the original Sanctuary proposal notice does not become invalid or expire.
    • Practical Example: The process is delayed by six months due to court appeals over compensation. The Sanctuary proposal remains legally active and does not need to be restarted.

Section 26: Delegation of Collector’s powers

26. 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.

  • Simple Translation: The State Government can formally transfer the duties and authority of the Collector (for the claims, inquiry, and acquisition process) to another specific officer by general or special written instruction.
  • Practical Example: The State Government, noting the Collector’s high workload, issues an order delegating all Sanctuary claim investigation work to the senior Deputy Commissioner for faster progress.

Section 26A: Declaration of area as sanctuary

This is the final step where the Sanctuary is formally and legally established.

  1. 26A(1) When-
    • Simple Translation: The State Government must issue a formal notification to declare the area a Sanctuary when one of the following conditions is met:
    • 26A(1)(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
      • Simple Translation: The time period for public claims has expired, and the State Government has officially resolved all claims (by exclusion, acquisition, or continuation of rights) related to the land.
      • Practical Example: All compensation has been paid, all legal appeals resolved, and the boundaries are fixed. The land is now ready for final declaration.
    • 26A(1)(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,
      • Simple Translation: This clause applies to land already under State control (like a Reserve Forest) or coastal/marine areas (Territorial Waters) that the State wants to include in the Sanctuary because of its ecological importance.
      • Practical Example: The State decides to include an adjoining Reserve Forest tract, which requires less complex land rights settlement, into the proposed Sanctuary.
    • 26A(1) 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:
      • Simple Translation: Once all prerequisites are met, the State must publish a final notification detailing the exact boundaries and stating that the area will be a Sanctuary starting on a specific date.
      • Practical Example: The Gazette publishes the final notification: “Effective July 1, 2025, the area described herein is formally declared the XYZ Wildlife Sanctuary.”
    • 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:
      • Simple Translation: If the Sanctuary includes the sea (Territorial Waters), the State Government must get prior approval from the Central Government.
      • Practical Example: When proposing a marine Sanctuary, the State must secure written agreement from the federal Ministry before publishing the final notification.
    • 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.
      • Simple Translation: When defining the marine boundaries, the State must consult with the Central Government’s chief naval surveyor and ensure that enough safeguards are in place to protect the legal livelihood of local fishermen.
      • Practical Example: The State consults the Navy Hydrographer to map the boundary accurately and simultaneously creates a “no-take” zone that excludes the traditional fishing routes used by the local community.
  2. 26A(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).
    • Simple Translation: Even if the Sanctuary includes Territorial Waters, the legal right of any ship or boat to simply pass through the area without stopping or harming wildlife remains unaffected.
    • Practical Example: A commercial cargo ship can legally cross a declared marine Sanctuary area, provided it does not stop, drop anchor, or dump waste.
  3. 26A(3) No alteration of the boundaries of a sanctuary shall be made by the State Government except on a recommendation of the National Board.]
    • Simple Translation: The State Government cannot change the Sanctuary’s boundaries (either shrinking or expanding them) unless the National Board for Wild Life (NBWL) first recommends the change.
    • Practical Example: If the State wants to reduce the Sanctuary size to allow a highway expansion, it must submit the proposal to the NBWL for review and recommendation before taking any action.

Section 27: Restriction on entry in sanctuary

Once an area is declared a Sanctuary (or the intention is declared under Section 18A), entry is severely limited.

  1. 27(1) No person other than,-
    • Simple Translation: No person is allowed to enter or reside in a Sanctuary unless they are one of the following specifically authorized individuals, or they possess a permit granted under Section 28:
    • 27(1)(a) a public servant on duty,
      • Practical Example: A Forest Guard, a Police Officer, or a government veterinary surgeon performing their official duties.
    • 27(1)(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,
      • Practical Example: A forest staff member who is officially assigned to live in a staff quarter inside the Sanctuary.
    • 27(1)(c) a person who has any right over immovable property within the limits of the sanctuary,
      • Practical Example: A villager whose legal right to use a piece of land inside the boundary was confirmed and allowed to continue under Section 24(2)(c).
    • 27(1)(d) a person passing through the sanctuary along a public highway, and
      • Practical Example: A tourist driving on a designated public road that cuts across the Sanctuary, provided they don’t stop outside the authorized rest areas.
    • 27(1)(e) the dependants of the person referred to in clause (a), clause (b) or clause (c),
      • Practical Example: The spouse and children of the forest staff member (27(1)(b)) or the family of the villager (27(1)(c)) residing legally inside the Sanctuary.
    • …shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28.
      • Simple Translation: Everyone else requires a permit under Section 28 to enter.
  2. 27(2) Every person shall, so long, as he resides in the sanctuary, be bound-
    • Simple Translation: Any person living or staying temporarily in the Sanctuary has a mandatory legal duty to do the following:
    • 27(2)(a) to prevent the commission, in the sanctuary, of an offence against this Act;
      • Practical Example: A resident must intervene or report if they see someone setting a snare or trying to steal wood.
    • 27(2)(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;
      • Practical Example: If a poacher is sighted, a resident must cooperate with forest officials by helping to track or identify the individual.
    • 27(2)(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;
      • Practical Example: A resident discovers a dead deer and must immediately report the location to the nearest forest post and ensure the carcass is not disturbed by scavengers or people until an official arrives.
    • 27(2)(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
      • Simple Translation: A resident must put out any fire they find in the Sanctuary and use any legal means available to stop a nearby fire from spreading into the Sanctuary.
      • Practical Example: A forest employee uses sand or water buckets to quickly extinguish a small, smoldering campfire left behind by unauthorized visitors.
    • 27(2)(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.
      • Simple Translation: A resident must provide assistance to any authorized officer who requests their help in stopping a crime against the Act or in investigating a crime that has already occurred.
      • Practical Example: A forest officer asks a resident to act as a witness or to guide them to an unfamiliar location where a crime occurred.
  3. 27(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.
    • Simple Translation: It is illegal to intentionally damage, remove, move, or scratch/vandalize any official marker that defines the Sanctuary’s boundary, especially if the purpose is to gain something unfairly (like falsely claiming protected forest land is outside the boundary).
    • Practical Example: A person illegally clearing forest land moves the boundary stone marker deeper into the Sanctuary to falsely expand their personal plot; this is a clear offense.
  4. 27(4) No person shall tease or molest any wild animal or litter the grounds of sanctuary.]
    • Simple Translation: It is illegal to annoy, provoke, disturb, or harass any wild animal, or to throw trash or garbage onto the Sanctuary grounds.
    • Practical Example: A tourist shouting at a group of deer or throwing plastic bottles on a trail is violating this sub-section.

Section 28: Grant of permit

This section details the formal process for non-exempt persons to gain temporary entry into a Sanctuary.

  1. 28(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:-
    • Simple Translation: The CWLW can issue a temporary permit to enter or stay in a Sanctuary upon receiving a formal application, but only for one of these specific, approved activities:
    • 28(1)(a) investigation or study of wild life and purposes ancillary or incidental thereto;
      • Practical Example: A student receives a permit to hike certain trails for two weeks to study bird calls.
    • 28(1)(b) photography;
      • Practical Example: A wildlife documentary crew receives a permit to enter a specific zone for three days to film a leopard.
    • 28(1)(c) scientific research;
      • Practical Example: A group of geologists receives a permit to take soil samples for academic research.
    • 28(1)(d) tourism;
      • Practical Example: A tourist pays the required fee and receives a permit for a guided jeep safari into the Sanctuary’s public zone.
    • 28(1)(e) transaction of lawful business with any person residing in the sanctuary.
      • Practical Example: A government surveyor receives a permit to enter the Sanctuary for a day to finalize the compensation paperwork with a legally residing claimant.
  2. 28(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.
    • Simple Translation: Every permit issued for entry or residence must include certain rules that must be followed and requires the payment of a fee specified by the official rules.
    • Practical Example: A tourism permit includes the condition that the visitor must stay on paved roads and must be accompanied by an authorized guide.

Section 29: Destruction, etc., in a sanctuary prohibited without a permit

This section imposes a strong prohibition on habitat manipulation or resource extraction within a Sanctuary.

  1. 29. 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 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:
    • Simple Translation: It is forbidden for any person to destroy, exploit, or take any wildlife (including forest produce) from a Sanctuary, or to damage, destroy, or change the natural environment (habitat). Crucially, it is also illegal to change the water flow (divert, stop, or increase the flow) in or out of the Sanctuary.
    • Strict Exception: A permit for such an activity can only be issued by the CWLW if the State Government, after consulting with the State Board for Wild Life, agrees that the proposed action is absolutely necessary for the improvement and better management of the wildlife in the Sanctuary.
    • Practical Example: A contractor cannot log timber (remove forest produce). A farmer cannot build a dam upstream that diverts water away from the Sanctuary. The only way to get a permit to clear a small patch of forest would be if the State Board certified that removing invasive species in that area would improve the habitat for a rare bird.
    • 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.
      • Simple Translation: If forest produce is removed under a special permit (e.g., as part of a habitat management plan), it must only be used to meet the genuine personal needs of the people living nearby, never for selling or making a profit.
      • Practical Example: Under a specific management plan, a small amount of wood is extracted. This wood must be distributed to local families for personal cooking fuel and cannot be sold to a furniture manufacturer.
    • Explanation. For the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33 shall not be deemed to be an act prohibited under this section.]
      • Simple Translation: Activities like grazing or moving livestock that are specifically approved and controlled under Section 33(d) are not considered the prohibited destruction or damage of the habitat under this section.
      • Practical Example: If the CWLW issues a permit allowing controlled grazing in a non-core area (Section 33(d)), this grazing cannot be challenged as “habitat destruction” under Section 29.

I will pause here before starting Section 30. Please review this content for Sections 21 through 29. I have covered Section 30 in the next file, as you requested me to continue to Section 30, and the previous file ended at 20. I have now covered 21 to 29. I’ll include the explanation for Section 30 now in this file to complete the current block.

Section 30: Causing fire prohibited

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

  • Simple Translation: It is illegal to start a fire in a Sanctuary, light a fire, or leave any fire burning (like a campfire) in a way that risks the safety or integrity of the Sanctuary area.
  • Practical Example: A tourist making an illegal campfire in the Sanctuary’s forest is violating this section. Even a resident who leaves a cooking fire unattended and potentially spreading into the undergrowth is committing an offense.

Section 31: Prohibition of entry into sanctuary with weapon

This section prevents unauthorized people from carrying anything that can be used to harm animals or their environment into a Sanctuary.

  1. 31. No person shall enter a sanctuary with any weapon except with the previous permission in writing of the Chief Wild Life Warden or the authorised offcer.
    • Simple Translation: No one is allowed to go into a Sanctuary carrying any type of weapon (as defined in Section 2(35): guns, nets, traps, poison, etc.) unless they have specific, written permission beforehand from the Chief Wild Life Warden (CWLW) or an authorized officer.
    • Practical Example: A professional wildlife photographer who needs to carry a tranquilizer gun for self-protection (a type of weapon) must obtain a formal permit from the CWLW before entering the park. Tourists cannot carry even a small hunting knife.

Section 32: Ban on use of injurious substances

This rule forbids the introduction of harmful substances that could pollute or endanger the wildlife within the protected area.

  1. 32. 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.
    • Simple Translation: You cannot use chemicals, explosives, or any other substance inside a Sanctuary if it risks injuring or endangering the animals and plants (wildlife).
    • Practical Example: A construction crew cannot use dynamite to clear rocks near the boundary. A farmer living near the boundary cannot spray powerful pesticides (chemicals) that could run off into the Sanctuary water sources, endangering the aquatic life.

Section 33: Control of sanctuaries

This section outlines the powers and duties of the Chief Wild Life Warden regarding the practical management of the Sanctuary.

  1. 33. 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,-
    • Simple Translation: The Chief Wild Life Warden (CWLW) is the official authority responsible for running, managing, and maintaining every Sanctuary in the State. To do this effectively, the CWLW has the following powers inside the Sanctuary:
    • 33(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:
      • Simple Translation: The CWLW can build necessary infrastructure like roads, bridges, staff buildings, fences, or entry gates, and perform any other construction deemed essential for the Sanctuary’s operation.
      • Practical Example: The CWLW directs the construction of a new checkpoint barrier gate and a small staff housing unit near the main entrance for better monitoring.
      • [Provided that no construction of commercial tourist lodges, hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.]
        • Simple Translation: The construction of for-profit tourist accommodations (hotels, lodges) or captive facilities (zoos, safari parks) inside a Sanctuary is forbidden unless the National Board for Wild Life (NBWL) gives its prior approval.
        • Practical Example: A private company’s proposal to build a luxury resort inside a Sanctuary must be reviewed and approved by the NBWL before the CWLW can issue any construction permit.
    • 33(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;
      • Simple Translation: The CWLW has a mandatory duty to take all necessary measures to guarantee the physical safety of the animals and to protect the integrity of the Sanctuary itself.
      • Practical Example: The CWLW establishes 24/7 patrol schedules, recruits anti-poaching squads, and installs surveillance cameras to enhance animal security.
    • 33(c) may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat;
      • Simple Translation: The CWLW can carry out optional, beneficial work aimed at improving the natural environment for the animals.
      • Practical Example: The CWLW directs the installation of artificial water holes during the dry season or begins a program to remove harmful invasive weeds from grazing areas.
    • 33(d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of [live-stock.]
      • Simple Translation: The CWLW can establish rules, restrict, or totally ban the grazing or movement of domestic livestock (farm animals) inside the Sanctuary, depending on what is best for the wild animals.
      • Practical Example: The CWLW issues an order restricting cattle grazing to a specific, small section of the Sanctuary buffer zone and bans it completely during the breeding season of the wild deer.

Section 33A: Immunisation of live-stock

This section mandates measures to prevent the spread of diseases from domestic animals to wild populations.

  1. 33A(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.
    • Simple Translation: The CWLW is required to organize and ensure that all livestock (farm animals) kept inside the Sanctuary or within a five-kilometre zone surrounding it are vaccinated against infectious diseases, following procedures set out in the rules.
    • Practical Example: The CWLW organizes a regular, free vaccination drive in all villages within 5 km of the Sanctuary boundary to immunize cows and goats against foot-and-mouth disease, protecting the wild deer population.
  2. 33A(2) No person shall take, or cause to be taken or grazed, any live-stock in a sanctuary without getting it immunised.]
    • Simple Translation: No person can bring or graze their livestock into the Sanctuary unless those animals have been properly vaccinated.
    • Practical Example: A shepherd who attempts to bring his herd into the Sanctuary must first produce a certificate proving all the sheep have been recently immunized, as required by the CWLW.

Section 33B: Advisory Committee

This section provides for the creation of local committees to aid the management of a Sanctuary.

  1. 33B(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.
    • Simple Translation: The State Government must form an Advisory Committee for the Sanctuary. This committee will be headed by the CWLW (or a senior Conservator of Forests) and must include diverse members: the local elected representative (MLA), local self-government representatives, NGO members, expert conservationists, and officials from the police and veterinary departments. The officer directly managing the Sanctuary will be the Member-Secretary.
    • Practical Example: This committee holds regular meetings to ensure that the Sanctuary management considers the concerns of local leaders, police security needs, and expert conservation advice.
  2. 33B(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.
    • Simple Translation: The committee’s job is to give advice on improving the conservation and management of the Sanctuary, including how to involve local communities living in or near the area.
    • Practical Example: The Committee advises the CWLW on initiating a local eco-development program that hires local villagers as tourist guides, thus securing their participation in conservation.
  3. 33B(3) The Committee shall regulate its own procedure including quorum.]
    • Simple Translation: The Committee is allowed to determine its own operating rules, including the minimum number of members needed for a valid meeting (quorum).
    • Practical Example: The Committee votes to establish a rule that states a quorum of seven members is necessary to pass any official recommendation.

Section 34: Registration of certain persons in possession of arms

This section mandates registration of firearms held by people living near Sanctuaries.

  1. 34(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.
    • Simple Translation: Within three months of a Sanctuary being officially declared, every person who lives within 10 kilometers of its boundary and possesses a licensed firearm (or a gun exempted from licensing) must apply to the CWLW or an authorized officer to register their name and weapon details. This application requires a prescribed form, fee, and time limit.
    • Practical Example: After the Sanctuary is declared, a farmer whose house is 8 km away and who owns a licensed rifle must register their details with the CWLW’s office within the three-month deadline.
  2. 34(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.
    • Simple Translation: Upon receiving a registration application, the CWLW or authorized officer must formally record the applicant’s name and weapon details following the official rules.
    • Practical Example: The CWLW enters the details of the farmer’s license and rifle into a central government registry maintained for the Sanctuary area.
  3. 34(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.]
    • Simple Translation: No new firearm licenses can be issued to anyone living within a 10-kilometer radius of the Sanctuary boundary unless the CWLW gives their prior agreement.
    • Practical Example: A resident living 5 km from the boundary applies for a new shotgun license. The Arms Licensing Authority must first obtain the CWLW’s written approval before granting the license, ensuring the CWLW can assess the risk to wildlife.

Section 35: Declaration of National Parks

This section details the legal process for establishing a National Park, which generally provides a higher level of protection than a Sanctuary.

  1. 35(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.
    • Simple Translation: The State Government can publicly announce its plan (by notification) to establish any area (which can be inside an existing Sanctuary or entirely separate) as a National Park. This decision is based on its outstanding importance for wildlife, plants, geology, or ecology, for the purpose of preserving and developing the local wildlife or its environment.
    • Practical Example: The State recognizes a high-altitude meadow area, currently a simple forest, as having unique ecological importance and publishes a Gazette notice declaring its intent to upgrade it to a “National Park.”
    • [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.]
      • Simple Translation: If the proposed National Park includes coastal or marine areas (Territorial Waters), the State must follow the same procedures as for a Sanctuary (Section 26A), such as getting Central Government concurrence and consulting the Chief Naval Hydrographer to protect fishermen’s rights.
      • Practical Example: For a coastal National Park, the state must consult with the Navy and local fishing communities, just as required for a marine Sanctuary.
  2. 35(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.
    • Simple Translation: The public announcement of the intention to create the National Park must clearly map and describe the boundaries of the proposed area.
    • Practical Example: The initial Gazette notification for the new National Park includes a detailed legal description of the intended perimeter.
  3. 35(3) Where any area is intended to be declared as a National Park, the provisions of sections [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.
    • Simple Translation: The entire legal process for investigating, settling, and acquiring land rights established for Sanctuaries (Sections 19 through 26A) must also be followed when creating a National Park.
    • Critical Exception: For a National Park, the Collector cannot choose the option (Section 24(2)(c)) to allow existing rights (like grazing or collection) to continue inside the park. All rights must be extinguished (acquired or excluded).
    • Practical Example: The Collector conducts the same inquiry, issues proclamations, and determines rights as in a Sanctuary process. However, if a grazing right is proven, the Collector must either acquire that right (pay compensation) or exclude the land from the park; they cannot allow the grazing to continue.
  4. 35(4) When the following events have occurred, namely,-
    • Simple Translation: The final National Park notification can only be issued after these two mandatory steps are completed:
    • 35(4)(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
      • Practical Example: The two-month deadline for submitting land claims has passed, and the State Government has concluded all legal proceedings (inquiries, compensation, etc.) related to every single claim.
    • 35(4)(b) all rights in respect of lands proposed to be included in the National Park have become vested in the State Government,
      • Simple Translation: All private rights, claims, or interests over the land intended to be in the park have been completely settled, acquired, and officially transferred to the State Government.
      • Practical Example: The State has successfully purchased or compensated every private landowner and the land is now fully owned by the government.
    • 35(4) 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.
      • Simple Translation: Once all rights are settled and the land is fully government-owned, the State must publish a final notification declaring the area a National Park starting on a specific date.
      • Practical Example: The State Gazette publishes the final, irreversible legal notice establishing the “National Park” on the pre-determined date.

Section 36: [Omitted.]

  1. 36.
  2. $$Declaration of game reserve.$$
  3. -Omitted by the Wild Life (Protection) Amendment Act, 1991 (44 of 1991), s. 24 (w.e.f. 2-10-1991).
    • Simple Translation: The previous concept of declaring an area as a “Game Reserve” was removed from the Act in 1991.
    • Practical Example: This removal reflects the policy shift towards conservation over hunting, as Game Reserves historically permitted some hunting under license.

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