Canopies and Corridors - International Fund for Animal Welfare

owned by the Central Government, the prior
concurrence of the Central government has to be
obtained by the State Government before making
any declaration. Since the executive power with
respect to ‘Forests’ is vested with Garo Autonomous
Councils, in such a situation a declaration should be
made by the Council since declaration of a
Conservation Reserve is an executive function and
not a legislative function. Thus, the Tribal Councils
are very much within their right to declare
Conservation Reserves
Criteria to be followed in declaring an area
as conservation reserve
The land proposed to be declared must be
owned by either the State Government or the
Central Government.
A Single notification has to be issued
specifying as nearly as possible the situation
and limits of such area. It shall be sufficient to
describe the area by road, rivers, ridges and
other well know or readily intelligible
boundaries.
Unlike a Sanctuary (other than those created
out of Reserve Forests and Territorial Waters)
and a National Park, no detailed procedure is
stipulated for the declaration of a
Conservation Reserve.
Prior approval of the Central Government will
be required if the land in question is owned
by the Central Government.
In selection of areas as Conservation Reserve,
priority has to be accorded to:
(a) Areas adjacent to National Parks and
Sanctuaries.
(b) Areas that link one Protected area with
another.
Consultation with local communities.
Setting up of Conservation Reserve Management
Committee (CRMC) for the respective Conservation
Reserve for the purposes of advising the Chief
Wildlife Warden for conservation, management and
maintenance of that Conservation Reserve.
Rights of local communities
Since the land to be declared as Community
reserve has to be Government owned land, the
nature and extent of pre-existing rights will be
subject to the restrictions as are applicable to a
Conservation Reserve. The WPA does not envisage
the setting up of Conservation Reserves in private
or community land.
Canopies and Corridors
Nature of restriction after declaration of an
area as a conservation reserve
The nature of restrictions is similar to that of a
Sanctuary.
1. Every person shall, so long as he resides in a
Conservation Reserve be bound [as far as may
be] abide by the following :
a) to prevent the commission, in the
Conservation Reserve, of an offence
against this Act;
b) where there is reason to believe that any
such offence against this Act has been
committed in such Conservation Reserve,
to help in discovering and arresting the
offender;
c) to report the death of any wild animal and
to safeguard its remains until the Chief
Wild Life Warden or the authorized
officer takes charge thereof;
d) to extinguish any fire in such
Conservation Reserve of which he has
knowledge or information and to
prevent from spreading, by any lawful
means in his power, any fire within the
vicinity of such Conservation Reserve
of which he has knowledge or
information; and
e) to assist any Forest Officer, Chief Wild
Life Warden, Wild Life Warden or Police
Officer demanding his aid for preventing
the commission of any offence against this
Act or in the investigation of any such
offence.
f) No person shall, with intent to cause
damage to any boundary-mark of a
Conservation Reserve or to cause
wrongful gain as defined in the Indian
Penal Code, 1860 (45 of 1860), alter,
destroy, move or deface such boundarymark.
g) No person shall tease or molest any wild
animal or litter the grounds of
Conservation Reserve.
h) Causing fire prohibited - No person shall
set fire to a sanctuary, or kindle any fire, or
leave any fire burning, in a sanctuary, in
such manner as to endanger such
sanctuary.
e) Ban on use of injurious substances. - No
person shall use, in a Conservation
reserve, chemicals, explosives or any
other substances which may cause injury
to or endanger, any wild life in such
sanctuary
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