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Section 8

The United Provinces National Parks Act, 1935State Act of Uttarakhand · Act 1 of 1935

(1) No person shall enter or reside in a park otherwise than in accordance with rules made by the [State Government] 1 .

(2) No person shall enter or reside in a park, except for the purposes of-

(a) health, study or recreation, or matters incidental thereto;

(b) travel or transport along such routes as may be defined by rules; and

(c) transaction of any lawful business within a park.

Prohibition of certain acts in a park

9. Subject to the exemptions provided below, it shall not be lawful for any person other than an officer or servant of the Forest Department-

(a) to convey into a park, or within the confines thereof to be in possession of any explosive, trap or poison, except with the permission of the Chief Conservator of Forests or of any officer of the Forest Department authorized by him to grant such permission and subject to the provisions of this Act and of the rules made under this Act :

Provided that any person entitled under the Arms Act, 1959 or any rule made thereunder to carry or possess arms of any kind in the area in which a park is situated may, after giving due notice to the Chief Conservator of Forests, or such officer as aforesaid, convey into or possess within a park such arms and ammunition therefor ;

-------------------------------------------------------------------------------------------------- 1- Subs. by the A. O. 1950 for (Provincial Government) which had been subs. by the A. O. 1937 for (L. G.).

186 [The United Provinces National Parks Act,1935] [Section 10]

(b) within a park to kill, injure, capture or disturb any animal, or to take or destroy any egg or nest of any bird :

Provided that any dangerous animal may be killed in defence of human life ; and

Provided also that, with the permission of the Chief Conservator of Forests, any animal may be killed to prevent injury to life or property;

(c) wilfully or negligently to cause damage by fire or otherwise to the park or any object therein;

(d) except with the permission of the Chief Conservator of Forests, to introduce any animal, or wilfully to permit any domestic animal to enter, into a park;

(e) to remove from a park any animal, whether alive or dead, other than an animal lawfully introduced into such park, or any part of an animal :

Provided that clauses (a) (d) and (e) shall not apply to any 1 [person in the service of the Government 2 ] entering the park on duty, and that the clauses (d) and (e) shall not apply to holders of rights and concessions to the extent permitted under a Forest Settlement.

Power to make rules

10. The [State Government] 3 may make rules for the purposes of carrying into effect the provisions of the Act, and in particular as to all or any of the following matters --

(a) the powers and duties of officers and servants of the Forest Department in regard to-

(i) the exclusion of members of the public from any area or areas within a park;

(ii) the killing, capturing or impounding of any animal within a park, and the disposal of such animal;

(iii) the disposal of any animal, vegetable or mineral or other product of a park;

(b) the conditions subject to which a person may enter or reside in a park under section 8, and the periods of times during which a park or any portion thereof shall be open to the public;

(c) the conditions under which the services or attendance of officers or servants of the Forest Department may be obtained by the person entering, passing through or sojourning within a park, and the fees to be paid in respect of such services or attendance;

(d) the fees (if any) to be paid for permission under section 8 to enter or reside in a park, for the admission of animals, or of motor cars or other vehicles, for the taking of photographs within a park, or for any other purpose connected with the use and enjoyment of a park;

------------------------------------------------------------------------------------------------ 1- Subs. by the A. O. 1937 for (Government Official).

2- Subs. by the A. O. 1950 for [Crown}.

3- Subs. by the A. O. 1950 for (Provincial Government) which had been subs, by the A. O.

1937 for (L. G.).

187 [The United Provinces National Parks Act,1935] [Section 11-13]

(e) the protection and preservation of a park and of the animals and the property therein;

(f) the regulation of traffic and carriage of passengers in a park, the points by which persons may enter, and the routes by which they may pass through a park;

(g) the protection from defacement by writing or otherwise of any tree, bridge, rock, fence, seat or other object in a park;

(h) the power to compound offences;

(i) the delegation of his powers by the Chief Conservator of Forests.

Penalties 11. (1) Whoever does any act in contravention of any of the provisions of this Act or of any rules made under this Act, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to five hundred rupees or both.

(2) Any animal or part thereof in respect of which an offence has been committed under this Act, and any weapon or trap used in committing any such offence, shall be liable to confiscation. Such confiscation may be in addition to any other punishment prescribed for such offence.

Power to arrest without warrant and power of search.

Act XVI of 1927

Where this provision sits

ActThe United Provinces National Parks Act, 1935
Section8
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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