Vidhi Codex

section 17

Declaration of a Sanctuary. -

The Jammu and Kashmir Wild Life (Protection) Act, 1978
Environmental197872 of 54 sections available5 chapters
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Chapter III Chapter III

Statutory text
  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.

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