Chapter IV Chapter IV

1. (1) The Government may, by notification, declare its intention to constitute any area comprised within or outside any demarcated or undemarcated forest as a sanctuary if it considers that such area is of adequate ecological, faunal, floral, geomorphological or natural significance, for the purpose of protecting, propagating or developing wildlife or its environment, including areas adjacent to National Parks and those which link one protected area with another :
2. (2) The notification referred to in sub-section
3. (1) shall specify, as nearly as possible, the situation and limits of such area.
4. (3) Where any proceeding under any of the provisions of sections 17 to 24 (both inclusive) is pending on the date of commencement of the Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002 with regard to any demarcated or undemarcated forests declared under sub-section
5. (1) to be a sanctuary, it shall be deemed to be a sanctuary declared under this Act and the rights, if any, recorded at the time of declaration of the demarcated or undemarcated forests, subject to the provision of section 24A, shall continue : Provided that when the Government issues or has issued a notification under this Act declaring its intention to constitute any area, not comprised within any demarcated or undemarcated forest as a Sanctuary, the provisions of sections 26 to 34C (both inclusive) shall come into effect forthwith : Provided further that the Government shall make alternative arrangements for supplying fuel, fodder and other forest produce recorded as a right in Government records, or give interim compensation in lieu thereof as may be prescribed, till such time such rights have been finally settled. Explanation.-For purposes of this section, it shall be sufficient to describe the area by roads, rivers, ridges or other well known or readily intelligible boundaries.

Collector to determine rights.-Whenever any area is declared to be a sanctuary, 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.

Bar of accrual of rights.-After the issue of a notification under section 17, no right shall be acquired in, on or over land comprised within the limits of the area specified in such notification, except by succession, testamentary or intestate.

Proclamation by Collector.-When a notification has been issued under section 17, 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--

1. (a) specifying, as nearly as possible, the situation and the limits of the sanctuary ; and
2. (b) requiring any person, claiming any right mentioned in section 18 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.

Inquiry by Collector.-The Collector shall, after issue of proclamation, expeditiously inquire into--

1. (a) the claim preferred before him under clause
2. (b) of section 20, and,
3. (b) the existence of any right mentioned in section 18 and not claimed under clause
4. (b) of section 20, 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.

For the purpose of such inquiry, the Collector may exercise the following powers, namely :-

1. (a) the power to enter in or upon any land and to survey, demarcate and make a map of the same or to authorise other official to do so;
2. (b) the same powers as are vested in a Civil Court for the trial of suits.

1. (1) In the case of a claim to a right in or over any land referred to in section 18, the Collector shall pass an order admitting or rejecting the same in whole or in part.
2. (2) If such claim is admitted in whole or in part the Collector may--
   • (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 such 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 on payment of such compensation as is provided in the Land Acquisition Act, Svt. 1990.

1. (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, Svt. 1990 ;
   • (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 ;
   • (c) the provisions of the sections, preceding section 9 of that Act, shall be deemed to have been complied with ;
   • (d) where the claimant does not accept the award made 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 have 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 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 Government, provide for an alternative public way or common pasture, as far as may be practicable or sanction compensation for alternative arrangements.
2. (2) The acquisition under this Act of any land or interest therein shall be deemed to be acquisition for a public purpose.

The Government may, by general or special order, direct that the powers exercisable or the functions to be performed by the Collector under sections 18 to 24 (both inclusive) may be exercised and performed by such other officer as may be specified in the order.

No person other than--

1. (a) a public servant on duty ;
2. (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 ;
3. (c) a person who has any right over immovable property within the limits of the sanctuary ;
4. (d) a person passing through the sanctuary along a public highway ; and
5. (e) the dependants of the person referred to in clause (a), clause
6. (b) or clause
7. (c) ; shall enter or reside in the sanctuary, except under and in accordance with the conditions of a permit granted under section 28.

1. (1) 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 means in his power, any fire, within the vicinity of such sanctuary of which he has knowledge or information ; and
   • (e) to assist any Forest Officer, Chief Wild Life Warden, Wild Life Warden or Police Officer demanding his aid for preventing the commission of any offence against this Act or in the investigation of any such offence.
2. (2) Every person residing in, or within ten kilometres of any area declared as sanctuary under section 17, shall within such period from the declaration, get the cattle in his possession vaccinated against diseases as may be prescribed.
3. (3) Any person who is convicted under any of the provisions of this Act shall be evicted from the sanctuary or land in which he committed the offence.

1. (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 thereto ;
   • (b) photography ;
   • (c) scientific research ;
   • (d) recreation and trekking ;
   • (e) transaction of lawful business with any person residing in the sanctuary.
2. (2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions and on payment of such fee as may be prescribed.

1. (1) Notwithstanding anything contained elsewhere in this Act, no person shall hunt any wild animal in a sanctuary or remove from such sanctuary any wild animal, 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 Government, grant a permit authorising any person to hunt or remove such wild animal under the direction and supervision of an officer authorised by him or cause it to be hunted or removed.
2. (2) A permit granted under sub-section
3. (1) shall specify the kind and number of wild animals that may be hunted or removed by the holder of such permit.
4. (3) The Chief Wild Life Warden may, for good and sufficient reasons, 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.
5. (4) Any person aggrieved by the cancellation of a permit under sub-section
6. (3) may, within fifteen days from the date of such cancellation, appeal to the Government, whose decision shall be final :

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.

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.

No person shall use or carry in a sanctuary, chemicals, explosives or any other substances which may cause injury to or endanger any wild life in such sanctuary except and in accordance with a permit granted by the Chief Wild Life Warden or any officer authorised by him in this behalf.

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--

1. (a) may construct such roads, bridges, buildings, fences or check gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary ;
2. (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 ;
3. (c) may take such measures, in the interest of wild life, as he may consider necessary for the improvement of any habitat ;
4. (d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of cattle ;
5. (e) may regulate, control or prohibit, any fishing.

Insertion of new Chapter IVA in Act VIII of 1978.--After Chapter IV of the principal Act, the following Chapter shall be inserted, namely :- "CHAPTER IVA MANAGEMENT AND RECOGNITION OF ZOOS AND DEER PARKS

Declaration of closed area.--

1. (1) The Government may, by notification, declare any area closed to hunting for such period as may be specified in the notification.
2. (2) No hunting of any wild animal shall be permitted in a closed area during the period specified in the notification, except under and in accordance with a permit granted by the Chief Wild Life Warden or the authorised officer.

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Chief Wildlife Warden shall be responsible for the management and control of zoos and deer parks in the State.

The Chief Wildlife Warden shall, with respect to the management and control of zoos and deer parks, perform the following functions, namely :-

1. (a) specify the minimum standards for housing, upkeep and veterinary care of the animals kept in a zoo or a deer park ;
2. (b) evaluate and assess the functioning of zoos and deer parks with respect to the standards or the norms as may be prescribed ;
3. (c) recognize or derecognize zoos and deer parks ;
4. (d) identify endangered species of wild animals for the purposes of captive breeding and assigning responsibility in this regard to the zoos ;
5. (e) coordinate the acquisition, exchange or loaning of animals for breeding purpose ;
6. (f) ensure maintenance of stud-books of endangered species of wild animals bred in captivity ;
7. (g) identify priorities and themes with regard to display of captive animals in a zoo or a deer park ;
8. (h) co-ordinate training of zoo personnel in and outside State ;
   • (i) co-ordinate research in captive breeding and educational programmes for the purposes of zoos ;
9. (j) provide technical and other assistance to zoos for their proper management and development on scientific lines ;
10. (k) perform such other functions as may be necessary to carry out the purposes of this Act with regard to zoos and deer parks.

1. (1) No zoos or deer parks shall be operated without being recognized by the Chief Wildlife Warden and no recognition shall be granted without the proper approval of the Board : Provided that a zoo or a deer park being operated immediately before the date of commencement of the Jammu and Kashmir Wildlife (Protection) (Amendment) Act, 2002, may continue to operate without being recognized for a period of six months from the date of such commencement and if the application seeking recognition is made within that period, the zoo may continue to be operated until the said application is finally decided or withdrawn and in case of refusal for further period of six months from the date of such refusal.
2. (2) Every application for recognition of a zoo or a deer park shall be made to the Chief Wildlife Warden in such form and on payment of such fee as may be prescribed.
3. (3) Every recognition shall specify the conditions if any, subject to which the applicant shall operate the zoo.
4. (4) No recognition to a zoo or a deer park shall be granted unless the Board, having due regard to the interests of protection and conservation of wildlife, and such standards, norms and other matters as may be prescribed, that recognition should be granted.
5. (5) No application for recognition of a zoo or a deer park shall be rejected unless the applicant has been given a reasonable opportunity of being heard.
6. (6) The Chief Wildlife Warden may, for reasons to be recorded by him, suspend or cancel any recognition granted under sub-section
7. (4) : Provided that no such suspension or cancellation shall be made except after giving the persons operating the zoo or deer park reasonable opportunity of being heard.
8. (7) An appeal from an order refusing to recognize a zoo or a deer park under sub-section (5), or an order suspending or cancelling a recognition under sub-section
9. (6) shall lie to the Government.
10. (8) An appeal under sub-section
11. (7) shall be preferred within thirty days from the date of communication to the applicant, of the order appealed against : Provided that the 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.

Subject to the other provisions of this Act, no owner of a zoo or deer park shall acquire or transfer any wild animal specified in Schedule I or Schedule II except with the previous permission of the Chief Wildlife Warden.

35. Amendment of section 38, Act VIII of 1978 Amendment of section 38, Act VIII of 1978.--In sub-section

1. (1) of section 38 of the principal Act :-
   • (a) clause
   • (a) shall be substituted by the following, namely :- "(a) wild animal other than vermin, which is hunted under section 10 or section 29 or sub-section
2. (6) of section 35 or kept or bred in captivity or hunted in contravention of any provision of this Act or any rule or order made thereunder or found dead, or killed by mistake ; and"
   • (b) after clause (b), the following clauses shall be inserted, namely :- "(c) ivory and an article made from such ivory in respect of which an offence against this Act or any rule or order made thereunder has been committed ;
   • (d) timber or forest produce in respect of which an offence has been committed in a Conservation Reserve or a Sanctuary or a National Park declared by the Government ; and
   • (e) vehicle, vessel, weapon, trap or tool that has been used for committing an offence and has been seized under the provisions of this Act" ; and
   • (c) in the last paragraph, after the words "meat derived from such animal" the words "or any vehicle, vessel, weapon, trap or tool used in such hunting" shall be inserted. 36. Declaration of game reserve Declaration of game reserve.--
3. (1) The Government may, by notification, declare any area to be a game reserve.
4. (2) No hunting of any wild animals, grazing, cultivation, or cutting of any vegetation including trees, bushes and grass 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.
5. (3) No person shall carry any weapon in a game reserve without the written permission of the Chief Wild Life Warden or any officer authorised by him in this behalf.