Uttar Pradesh act 001 of 1935 : The UNITED PROVINCES NATIONAL PARKS ACT, 1935

  • Date:
Department
  • Department of Urban development
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Section 1.Short title and extent

1. (1) This Act shall be called the United Provinces National Park Act, 1935. (2) It shall come into force on such date 3 as the 4 State Government may by notification in the 5Official Gazette appoint in this behalf.


Section 2.Definitions

2. In this Act and in rules made under this Act, unless inconsistent with the context (1) Animal means any mammal, reptile (excluding snakes other than python), or bird. (2) “Forest Officer” means a Forest Officer as defined in section 2 of the Indian Forest Act, 1927 and includes any person appointed for carrying out the purpose of this Act. (3) “Park” means a national park constituted under this Act. (4) “Trap” includes any contrivance or device by means of which an animal can be captured. (5) “Weapon” includes any firearm or ammunition therefor, or any other instrument capable of propelling a projectile, or capable of being propelled or used in such a manner that any animal can be killed or injured thereby.


Section 3.Constitution of a national park

The 1 area defined in the schedule to this Act is hereby Constituted a national park for the propagation and preservation therein of wild animal life or other objects of scientific interest.


Section 4.Constitution of other national park

The 2State Government may, by notification in the 3Official Gazette, constitute any other Government forest area a national park for the purpose of this Act, and any park so constituted shall be deemed to be constituted under this Act. Provided that no such notification shall be made, except on the recommendation of a resolution passed by 4both Houses of the State Legislature.


Section 5.Boundaries of parks

The boundaries of any park shall not be altered and no portion of such park shall be capable of alienation, except on the recommendation of a resolution passed by 4both houses of the State Legislature.


Section 6.Control of parks and functions and duties of controlling authority

. (1) Subject to the control of 5the State Government the Chief Conservator of Forests shall be the authority to control, manage and maintain any park constituted under this Act, and for that purposes within a park — (a) may construct such roads, bridges, buildings and fences and carry out such other works as he may consider necessary for the purposes of such park ; and (b) shall take such steps as will ensure the security of animal life in such park and the preservation of such park and the animal therein in a natural state ; and (c) may permit the erection of buildings for the accommodation of visitors, or of shops or other undertakings, provided that arrangements are made for the proper control of any such undertaking by the Chief Conservator of Forests. (2) The Chief Conservator of Forests may appoint or utilize from time to time such officers and servants of the Forest Department as may be necessary for the carrying out of the objects of this Act.


Section 7.Saving of rights in a park

No right within a national park which has been admitted and recorded by a Forest Settlement Officer under the Indian Forest Act, 1878, or under the Indian Forest Act, 1927, or which has been granted before the passing of this Act, shall be altered or interfered with, except by the consent of the right-holder or grantee affected thereby.


Section 8.Purposes for which a park may be entered

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


Section 9.Prohibition of certain acts in a park

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 ;
/(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 1person 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.


Section 10.Power to make rules

The 3State Government 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 ;
(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 form 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.


Section 11.Penalties

(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.


Section 12.Power to arrest without warrant and power of search. Act XVI of 1927

(1) In respect of an offence punishable under section 11 of this Act such of the provisions of section 64 to 68 of the Indian Forest Act, 1927, as are applicable, shall apply, as if such offence were a forest offence punishable under the Indian Forest Act, 1927.

2) Any Forest Officer or Police Officer may, without a warrant, search within a park any place, building, tent, vehicle or receptacle reasonably suspected to contain anything liable to confircation under sub-section (2) of section 11, and may seize and retain anything wherever found.


Section 13.Saving Act XVI of 1927

Nothing in this Act shall effect or limit the operation of the provisions of the Indian Forest Act, 1927, in respect of any area constituted a park under this Act.


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