06-bioresourcesstatu.. - M. S. Swaminathan Research Foundation

Bhitarkanika
Before 1952, the forests were governed under Section 50 gives powers to the officers for entry,
'KANIKA RAJ JUNGLE MAHAL NIYAMABAiLI' ,
meaning rules for management of Kanika Jungles.
search, arrest
the provisions
and detention, if any violation of
of this act are noticed. It also
The notification was issued by Mr. Gopal Pra~ad gives immunity to the officers for certain
Das, Dewan of Kanika Raj. It has the listlof actions done in good faith.
protected forest blocks and various prescripti@ns
for public use of forest produce were incorporated
specifying the rates against different use. I
a. Indian Forest Act. 1927. This Act was enacted
on 21" September 1927 to consolidate the law
relating to forests, the transit of forest prodbce
and the duty leviable on timber and other forfst
produce in the above act. Chapter II deals v-;ith
the whole process of declaration of ReserVed
Forest and the acts that are prohibited in stich
forests in sections 3 to 27. Chapter III de~ls
with the Village Forests and Chapter IV delus
with the Protected Forests. Section 29 to 33
deal with the process of declaration i of
Notifications issued under section 30. Chapter V
deals with the control over forests and laJds
not being the property of Government. Chapter
VI and VII have the provisions for imposing
duty on timber and other forest produce dnd
controlling their transit. Chapter IX lias
important provisions regarding seizure lof
,
property therein.
b. Wildlife (Protection) Act. 1972 This act receiVed
the assent of the President of India on 19'h
September, 1972 and is one of the impordnt ,
steps taken by Government of India for
protection of wildlife. It has undergone certain
modifications from time to time. Main featutes
of this Act are : I
Chapter II deals with prohibition on hunting, of
animals mentioned in schedules I, II, III and Iv.
c. The Forest (Conservation) Act. 1980 This is a
landmark piece of legislation in the history of
Nature conservation in India and was enacted
at a time when developmental activities were
taking a heavy toll on the natural resources by
diverting large chunks of forest land. This
imposes strict restriction on the diversion of
forest land for non-forest purpose without the
prior approval of the Central Government and
provides for raising compensatory afforestation
on equivalent non-fore.st land. As a result, the
diversion of forest land for developmental
activities has slowed down. In Bhitarkanika
incidents of leasing of forest land by local
Revenue Authorities were observed till 1994
and after action was initiated against the
erring officials, the process has come to a halt.
d. The Orissa Marine Fishing Regulation Act 1982
The Act provides for the regulation of fishing in
the sea along the coast of Orissa state. Chapter
II of the act deals with the regulation of fishing
and lays down restrictions in specified areas.
Chapter III prescribes for penalties to be
imposed for violation of the prescribed
regulations. Section 14 empowers the
authorized officer to enter and search a vessel
if he has reason to believe that the vessel is
used in contravention of any of the provisions of
this Act and such a vessel can be impounded
and any fish found in it can be seized. Section
17 provides for imposing penalties after holding
It also deals
under special
with grant of hunting
circumstances.
permIts an enquiry. There is a provision for appeal to
the appropriate Appellate Board ..
Chapter IV deals with the process. of
declaration of Sanctuary, National Park and
closed areas, settlement of rights inside
I
the
sanctuary,
sanctuary
restrictions on
and other controls.
entry in the
I
Chapter V is an important chapter dealing I in
trade or commerce in Wild Animals, articles
and trophies and includes
in certain wildlife articles.
guidelines for tdde
Those who deal I in
wildlife articles. are supposed to talke
permission from Chief Wildlife Warden of the
state and submit the returns. I
Chapter VI is the most impl)rtant chapter
dealing with crime control and investigati6n.
I
192
e. The Environment (Protection) Act. 1986 This
Act provides for the protection and
improvement of environment and for matters
connected therewith. It empowers the Central
Government to take necessary measures for
protecting and improving the quality of the
environment and preventing, controlling and
abating environmental pollution. There is a
provision for making rules to implement the
Act. In Bhitarkanika this Act is of great
significance since all the coastal stretches of
th~ area fall in the CRZ I category.
Apart 'from the above acts, there are a few
institutions that help in the management and