Bare ActsThe WILDLIFE (PROTECTION) ACT, 1972

Section 38

Amendment status not verified — confirm the current text below against the official source.

Power of Central Government to declare areas as Sanctuaries or National Park, - (1) Where the State Government leases or otherwise transfers any area under its control, not being an area within a Sanctuary, to the Central Government the Central Government may, if it is satisfied that the conditions specified in sec.18 are fulfilled in relation to the area so transferred to it, declare such area, by notification, to be a sanctuary and the provisions of [sec 18 to 35 (both inclusive) 16], 54 and 55 shall apply in relation to such sanctuary as they apply in relation to a sanctuary declared by the State Government. (2) The Central Government may, if it is satisfied that the conditions specified in sec.35 are fulfilled in relation to any area referred to in sub-section (1), whether or not such area has been declared, to be a sanctuary by the Central Government, or the State Government, declare such area, by notification, to be a National Park and the provisions of secs.35. 54 and 55 shall apply to such National Park as they apply in relation to a National Park declared by the State Government. (3) In relation to a sanctuary or National Park declared by the Central Government, the powers and duties of the Chief Wildlife Warden under the section referred to in sub-section (1) and (2). shall be exercised and discharged by the Director or by such other officer as may be authorised by the Director in this behalf and references in the sections aforesaid to the State Government, shall be construed as reference to the Central Government and reference therein to the Legislation of the State shall be construed as a reference to Parliament. --------------------------------------------------------------------- 1 Chapter IV “Game Reserves” omitted by Act 44 of 1991, sec. 14. 2 Sec 18(l) substituted by Act 44 of 199 1, sec. 15. 3 Sec. 19 “Whenever any area is declared to be a sanctuary” Substituted by Act 44 of 1991, sec. 16. 4 Sec.24(2)(c) Inserted by Act 44 of 1991, sec. 17 5 Sec.26A inserted by Act 44 of 1991, sec. 18. 6 Sec.27(3) Inserted by Act 44 of 1991, sec. 19. 7 Sec.27(4) Inserted by Act 44 of 1991, sec. 19. 8 Sec.29. Hunting in sanctuary without permit phohibited. (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 Wildlife 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 wildlife, 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 office authorised by him or cause it to by hunted or removed. (2) A permit granted under sub-section (1) shall specify the kind and number of wild animal that may be hunted or removed by the holder of such permit. (3) The Chief Wildlfe Warden may, for good and sufficient reason, to be recorded in writing, cancel any permit granted under sec.28 or under this section. Provided that no such cancellation shall he 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 15 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 applicant had sufficient cause for not preferring the appeal in time.” Substituted by Act 44 of 1991, Sec. 20, 9 Sec.33A inserted by Act 44 of 1991, sec.22. 10 Sec.34(3) inserted by Act 44 of 1991, sec.22A. 11 Sec.35(l) Provision added by Act 44 of 199 1, sec.23 12 Sec. 35(3) “ 19 to 26 (both inclusive)” between “the provisions of sections’ and “shall, as far as” substituted by Act 44 of 199 1, sec.23. 13 Sec.35(7) “cattle” substituted by “livestock” by Act 44 of 1991, sec.23. 14 Sec.35(8) “section 33” after “clause (a), (b) and (c) of “substituted by Act 44 of 1991, sec.23. 15 Sec.36 Declaration of “Game Reserve”.–(1) The State Government may, by notification, declare any area closed to hunting for such period as may be specified in the notification. (2) No hunting of any wild animal shall be permitted in such reserve except under and in accordance with a licence, issued under this section by the Chief Wildlife Warden or the authorised officer.” omitted by Act 44 of 1991, sec. 24. 16 Sec38. “Section 19 to 35 after “provisions of’ susbstituted by Act 44 of 1991, sec.25. [1CHAPTER -IVA] CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS

Section 38 – The WILDLIFE (PROTECTION) ACT, 1972 | DailyLaw.ai