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declaration of np.pdf
1. Characteristic features ,importance, declaration
,formation
management,protection and administration of
National parks & Sancturies
Rahana Moideen Koya.V.K
Asst.Professor of Zoology,
Farook College
Kozhikode
2. โข 35. Declaration of National Parks.
โข (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:
โข 36
[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.]
โข
3. โข Key Provisions of the Wildlife Protection Act
โข The act extends to the whole of India, except the State of Jammu and Kashmir
which has its own wildlife act. It defines five types of protected areas viz. National
Parks, Wildlife Sanctuaries, Community Reserves, Conservation Reserves and Tiger
Reserves. The act has six schedules with varying degrees of protection to different
kinds of animals and plants.
โข Wild Life Sanctuary
โข A wildlife sanctuary is defined by State Government via a Notification. There is no
need to pass a legislation (act) by the state assembly to declare a wildlife
sanctuary. Fixation and alternation of boundary can be done by state legislature via
resolution. No need to pass an act for alternation of boundaries. No alternation of
boundaries in wildlife sanctuaries can be done without approval of the NBWL
(National Board of Wildlife) Limited human activities are permitted in the sanctuary.
โข National Parks
โข Similar to the Wildlife Sanctuaries, a National Park is defined by state government
via notification. The state government can fix and alter boundaries of the National
Parks with prior consultation and approval with National Board of Wildlife. There is
no need to pass an act for alternation of boundaries of National Parks. No human
activities are permitted in a National Park.
4. โข Similarities / Difference between a National Park and Wildlife Sanctuary
โข Similarities
โข Commercial exploitation of forest produce in both areas is NOT allowed; except for local
communities. No wild mammal, bird, amphibian, reptile, fish, crustacean, insects, or
coelenterates listed in four Schedules of the WLPA can be hunted either within or outside
both of them, and also other conservation areas.
โข Differences
โข No grazing or private tenurial rights land rights are allowed in National Parks. In Wildlife
sanctuaries, they may be provided at the discretion of Chief Wildlife warden.
โข Conservation Reserves and Community Reserves
โข These areas provide a greater role and opportunity for local communities, stakeholders and
civil society to protect many areas of conservation value that cannot be designated under
strict categories such as wildlife sanctuaries or national parks.
5. โขTiger Reserves
โขTiger Reserves are declared by National Tiger Conservation
Authority via Wild Life (Protection) Amendment Act, 2006 under
centrally sponsored scheme called Project Tiger. To declare an
area as Tiger Reserve, the state governments can forward their
proposals in this regard to NTCA. Central Government via NTCA
may also advise the state governments to forward a proposal
for creation of Tiger Reserves. Tiger Reserves are managed by
National Tiger Conservation Authority (NTCA). No alternation of
boundary can be done without the recommendation of National
Board for Wild Life and without the advice of the Tiger
Conservation Authority.
6. โข Schedules of the Wild Life Protection Act
โข There are six schedules in wildlife protection act with varying
degrees of protection. Out of the six schedules, Schedule I and part
II of Schedule II provide absolute protection and offences under
these are prescribed the highest penalties. The penalties for
Schedule III and Schedule IV are less and these animals are
protected. Schedule V includes the animals which may be hunted.
Such animals include Common crow , Fruit bats, Mice & Rats
only. Schedule VI contains the plants, which are prohibited from
cultivation and planting. These plants are as follows
โข Whose permission is needed to hunt a man-eater?
โข India does not have a robust scientific or policy mechanism to
minimise tiger human conflicts. A Standard Operating Procedure
was released by the National Tiger Conservation Authority a few
years back to deal with emergency arising due to straying of tigers
to human settlements. The guidelines prohibit killing the tiger unless
it has been declared a maneater. Only the chief wildlife warden of a
state can permit hunting of man-eaters.
7. โข Sanctuaries
โข There are many wildlife sanctuaries all over the world. It is the natural
habitat owned by the government or some private agency for the
safeguard of the wild animals. They aim at providing a comfortable life
for the animals. The importance of wildlife sanctuaries are:
โข To protect the endangered species.
โข It is difficult to relocate them from their natural habitat, so it is easy to
protect them in their natural environment.
โข In sanctuaries, the endangered species are specially monitored. They
grow and reproduce in numbers and provide protection.
โข Biologists and researchers are there who keep an eye on the animals.
โข These sanctuaries protect the species from humans and predators.
8. โข Declaration of the sanctuary
โข Section 26A of the Wildlife Protection Act defines the declaration of the
sanctuary. It says that the State Government may declare its intention
to constitute an area which consists of adequate ecological, flora,
fauna, natural or zoological significance for the protection of wildlife.
โWildlifeโ is defined by the State Government through notification.
There is no need to pass legislation by the State Assembly to declare a
wildlife sanctuary.
โข Collectors
โข The State Government appoints an officer as a collector to inquire and
determine the existence of the nature and extent of rights of any
person. Here are some pointers regarding the rights and power a
collector has. Under Section 18 of the Wildlife Protection Act,
appointment of the collectors is defined.
โข Collector to determine rights
โข Section 19 of the Wildlife Protection Act defines that any claim under
this section is required to be submitted within two months from the
date of such proclamation. The claim includes the nature and extent of
such rights in the written form and in a prescribed manner.
9. โขSection 35 in The Wild Life (Protection) Act, 1972
โข35. Declaration of National Parks- 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: 1[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.]
10. โข 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.
โข Where any area is intended to be declared as a National Park, the
provisions of Sec. [12
19 to 26-A (both inclusive except clause (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.
โข When the following events have occurred, namely
โข 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
โข all rights in respect of lands proposed to be included in the National Park
have become vested in the State Government
11. โข 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.
โข No alteration of the boundaries of a National Park shall be made except on
a resolution passed by the Legislature of the State.
โข No person shall, destroy, exploit, or remove any wildlife from a National
Park or destroy or damage the habitat or any wild animal or deprive any
wild animal or its habitat within such National Park except under and in
accordance with a permit granted by the Chief Wildlife Warden and no such
permit shall be granted unless the State Government, being satisfied that
such destruction, exploitation, or removal of wildlife from the National Park
is necessary for the improvement and better management of wildlife
therein, authorizes the issue of such permit.
12. โขNo grazing of any [livestock13
] shall be permitted in a National
Park and no livestock shall be allowed to enter except where
such [livestock] is used as a vehicle by a person authorized to
enter such National Park.
โขThe provisions of secs. 27 and 28, secs.30 to 32 (both
inclusive), and CIS, (a), (b) and (c) of [Sec.33, 33A14
] and sec.34
shall, as far as may be, apply in relation to a National Park as
they apply in relation to a sanctuary.
13. National Park declared by Central Government
(Power of Central Government to declare areas as National Park)
National Park declared by Central Government
(Power of Central Government to declare areas as 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.
โขThe 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.
14. โขIn 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 authorized 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.
โขThere are 551 existing wildlife sanctuaries in India covering an area of 119775.80 km2, which is 3.64 % of
the geographical area of the country (National Wildlife Database, May, 2019).
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15. 1 Andhra Pradesh 13 8008.49
2 Arunachal Pradesh 11 7487.75
3 Assam 18 1840.14
4 Bihar 12 2901.68
5 Chhattisgarh 11 3760.28
6 Goa 6 647.91
7 Gujarat 23 16574.42
8 Haryana 8 233.21
9 Himachal Pradesh 28 6116.10
10 Jammu &Kashmir 15 10243.11
11 Jharkhand 11 1955.81
12 Karnataka 30 6774.81
13 Kerala 17 1928.24
List of Sancturies in India
State Number Area in square Km
18. Ac/National forest policy ,1988,Threre should be atleast 33%b of the area should be
forest in a country.
For ecological balance there should be the forest cover of 60% on the hilly
moutaneous terrain , and 20% in plains.In India ,we have 22.3% area under forest
cover but a recent satellite picture show that it is only 12-14%.
India being seventh largest country ,is the place where all representatives animals
are found.
There are transition zones like fauna of Indian Tahr desert which is also common to
Pakistan. The animals of dry Himalayas (Ladak) are common in India and Nepal.
19. INDTRODUCTION
Upto Mughal period wild flora and flora were abundant.but after the arrival of british
,dueto expansion of their economic activities like minining,plantation ,road
construction,railways,many species became endangered.
So the need of some law to protect them was felt.And also felt need for some areas
where animals can protect in their natural envt.
So,concept of categories of protected areas of forests developed such as
Np,Sanctury,BR.Indian Board for Wildlife which is responsible for management
,conservation and devt. Of of wild flora and fauna and has defined 4 areas where wild life
received some kind of protection.Under provision of Wldlife protection act ,1972,any
area can declared by state Govt.as sanctuary or NP in case concerned area needs
protection and conservation for its ecological ,faunal floral ,geomorphological and
zoological significance.The central govt.can establish a sanctuary or NP with the consent
of concerned state govt.
20. Protected area management categories by IUCN
โข I.Strict Nature Reserve-Protected area area are managed mainly for scientific study or
wilderness protection.
โข II-National Park-Protected area managed mainly for ecosystem conservation and
recreation.
โข III-Natural Monument-For Conservation of specific natural features.
โข IV Habitat species management area.โProtected area for conservation through
management intervention.
โข V-Protected Landscape/SeascapeโProtected area for landscape/seascape conservation
and recreation.
โข VI-Managed Resource Protected areaโProtected area for the sustainable use of
natural ecosystem,
โข NP-fall under cat II
โข Sancturies-Cat V
โข BR-catVI
27. Setting fire to sanctuary or lighting any fire or leave any fire burning, use of
explosives are strictly prohibitive.
28. IUCN protected area management categories classify
protected areas according to their management objectives.
The categories are recognised by international bodies such
as the United Nations and by many national governments as
the global standard for defining and recording protected
areas and as such are increasingly being incorporated into
government legislation.
29. โข Ia Strict Nature Reserve: Category Ia are strictly protected areas set aside to protect biodiversity
and also possibly geological/geomorphical features, where human visitation, use and impacts are
strictly controlled and limited to ensure protection of the conservation values. Such protected
areas can serve as indispensable reference areas for scientific research and monitoring
โข Ib Wilderness Area: Category Ib protected areas are usually large unmodified or slightly modified
areas, retaining their natural character and influence without permanent or significant human
habitation, which are protected and managed so as to preserve their natural condition.
โข II National Park: Category II protected areas are large natural or near natural areas set aside to
protect large-scale ecological processes, along with the complement of species and ecosystems
characteristic of the area, which also provide a foundation for environmentally and culturally
compatible, spiritual, scientific, educational, recreational, and visitor opportunities.
โข III Natural Monument or Feature: Category III protected areas are set aside to protect a specific
natural monument, which can be a landform, sea mount, submarine cavern, geological feature
such as a cave or even a living feature such as an ancient grove. They are generally quite small
protected areas and often have high visitor value.
30. โข IV Habitat/Species Management Area: Category IV protected areas aim to protect particular
species or habitats and management reflects this priority. Many Category IV protected areas
will need regular, active interventions to address the requirements of particular species or to
maintain habitats, but this is not a requirement of the category.
โข V Protected Landscape/ Seascape: A protected area where the interaction of people and
nature over time has produced an area of distinct character with significant, ecological,
biological, cultural and scenic value: and where safeguarding the integrity of this interaction is
vital to protecting and sustaining the area and its associated nature conservation and other
values.
โข VI Protected area with sustainable use of natural resources: Category VI protected areas
conserve ecosystems and habitats together with associated cultural values and traditional
natural resource management systems. They are generally large, with most of the area in a
natural condition, where a proportion is under sustainable natural resource management and
where low-level non-industrial use of natural resources compatible with nature conservation is
seen as one of the main aims of the area