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

The Wild Life (Protection) Act, 1972Central Act · Act 53 of 1972

38. Power of Central Government to declare areas as sanctuaries or National Parks [or conservation reserves].(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 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 [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.

[(2A) The Central Government may, if it is satisfied that the conditions specified in sub-section (1) of section 36A are fulfilled in relation to any area referred to in sub-section (1), declare such area, by notification, to be a conservation reserve and the provisions of sections 36A and 36B shall apply in relation to such conservation reserve as they apply in relation to a conservation reserve declared by the State Government.]

(3) In relation to a sanctuary or National Park [or conservation reserve] declared by the Central Government, the powers and duties of the Chief Wild Life Warden under the sections referred to in [sub-sections (1), (2) and (2A)], 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.

Where this provision sits

ActThe Wild Life (Protection) Act, 1972
Section38
Marginal notePower of Central Government to declare areas as sanctuaries or National Parks or conservation reserves.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 18 of 2022. . Ins. by Act 18 of 2022, s. 16, (w.e.f. 1-4-2023).
  • substituted, Act 44 of 1991. . Subs. by Act 44 of 1991, s. 25, for "sections 19 to 35" (w.e.f. 2-10-1991).
  • inserted, Act 18 of 2022. . Ins. by Act 18 of 2022, s. 16 (w.e.f. 1-4-2023).
  • substituted. . Subs. by s. 16, ibid, for "sub-sections (1) and (2)" (w.e.f. 1-4-2023).

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