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Section 38: Power of Central Government to declare areas as sanctuaries or National Parks

The Indian Wild Life Protection Act, 1972Union territory Act of Chandigarh · Act 53 of 1972

(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 24 specified in section 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 1 [sections 18 to 35] (both inclusive), 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 section 35 are fulfilled in relation to any area referred to in section (1), whether or not such area has been declared, to be a sub sanctuary by the Central Government or the State Government, declare such area, by notification, to be a National Park and the provisions of sections 35, 54 and 55 shall apply in relation 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 Wild Life Warden under the sections referred to in sub-sections (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 references to the Central Government and reference therein to the Legislature of the State shall be construed as a reference to Parliament.

2 [CHAPTER IVA CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS

Where this provision sits

ActThe Indian Wild Life Protection Act, 1972
Section38
Marginal notePower of Central Government to declare areas as sanctuaries or National Parks
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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