Punjab Protected Areas Act 2020
Punjab Protected Areas Act 2020
Punjab Protected Areas Act 2020
(XXIII of 2020)
CONTENTS
Chapter I
Preliminary
2. Definitions
Chapter II
Protected Areas
3. Protected areas
4. Board
6. Standards
7. National parks
8. Nature reserves
9. Wildlife sanctuaries
13. Wetlands
Chapter 3
Management Authorities
16. Co-Management
Chapter 4
Offences and Penalties
27. Cognizance
Chapter 5
Miscellaneous
31. Indemnity
An
Act
to provide for the protection, preservation, conservation and management of
ecologically important areas.
It is necessary to make provisions for protection, preservation, conservation and
management of ecologically important areas; and for the ancillary matters.
Be it enacted by Provincial Assembly of the Punjab as follows:
Chapter I
Preliminary
1. Short title, extent and commencement.− (1) This Act may be cited as the
Punjab Protected Areas Act 2020.
(2) It extends to whole of the Punjab.
(3) It shall come into force at once.
1
This Act was passed by the Provincial Assembly of the Punjab on 02 September 2020; assented to by the Governor of the
Punjab on 08 September 2020; and, was published in the Punjab Gazette (Extraordinary), dated: 10 September 2020, pp.
1057-1066.
(j) “management plan” means a document for improvement and
propagation of wildlife resources;
(k) “organization” means an entity or organization registered under any
law for the time being in force;
(l) “prescribed” means prescribed by the rules or the regulations;
(m) “protected area” means the area notified as a protected area under
section 3 of this Act;
(n) “regulations” means the regulations framed under this Act;
(o) “rules” means the rules made under this Act;
(p) “species” means a kind of animal, plant or other organism including any
subspecies, cultivar, variety, geographic race, strain, hybrid or
geographically separate population;
(q) “wetland” means a distinct ecosystem that is inundated by water either
permanently or seasonally with significant value for resident or
migratory fauna and flora;
(r) “wildlife” includes organic resources, animals, birds, reptiles,
vegetation, soil and water;
(s) “wild animal” means wild animals, birds, reptiles and invertebrates
under this Act;
(t) “wilderness area” means a large unmodified or slightly modified area,
retaining its natural character and influence without permanent or
significant human habitation, which is protected and managed to
preserve it in natural condition;
(u) “wildlife reserve” means an area declared as wildlife reserve to
conserve ecosystems and habitats together with associated cultural
values and traditional natural resource management systems; and
(v) “wildlife sanctuary” means the area declared as a wildlife sanctuary to
protect particular species or habitats and to address the requirements
of particular species or to maintain habitats.
Chapter II
Protected Areas
4. Board.− (1) As soon as may be but not later than thirty days of the
commencement of this Act, the Government shall constitute a Board to be called the
Management Board.
(2) The Board shall consist of:
(a) Secretary to the Government, Forestry, Wildlife and Fisheries
Department; Chairperson
(b) Secretary to the Government, Finance Department; member
(c) Secretary to the Government, Irrigation Department; member
(d) Secretary to the Government, Environment Protection
Department; member
(e) Director General, Wildlife and Parks, Punjab; member/Secretary
(f) four non-official members from whom at least one shall be a
wildlife expert and one shall be an environmental expert;
(g) two persons interested in wildlife and nature; members
(h) one representative of a renowned wildlife conservation or
management organization; member and
(i) one representative of an international organization; member.
(3) A non-official member shall hold office for a term of three years, and
may be removed by the Government without assigning any reason or he may resign
by writing under his hand addressed to the Chairperson.
(4) A non-official member shall be appointed on such terms and conditions
as may be prescribed.
(5) The Board shall conduct its business in such manner as may be
prescribed, and until so prescribed as may be determined by the Government.
(6) An ex-officio member may be represented in a meeting of the Board by
an officer nominated by such ex-officio member.
6. Standards.− (1) The Government shall, not later than one year from the
commencement of this Act, by notification in the official Gazette, lay down standards
for management and development of a protected area, and for the indicators to
measure the compliance thereof.
10. Wilderness areas.− (1) The Government may by notification in the official
Gazette declare a part of a nature reserve or national park specified in the
notification as a wilderness area with a specific name.
(2) Before notifying a part of a nature reserve or national park as a
wilderness area, the Government may consult the concerned management authority.
(3) Purposes of notifying a wilderness area shall be to:
(a) protect and maintain the natural character of the ecological
zone, biodiversity and associated natural resources;
(b) provide outstanding opportunities for solitude; and
(c) control access which if allowed may only be by non-mechanized
means.
(4) The provision for access roads to and construction of rest houses,
hostels, hotels and other buildings in the national park along with amenities for public
may be so made and the forest therein shall be so managed, and forest produce so
obtained as not to impair the object of the establishment of the wilderness area.
(5) The following acts shall be prohibited in a wilderness area:
(a) hunting of any wild animal;
(b) firing any firearm or doing any other act which may disturb any
wildlife or doing any act which interferes with the breeding
places;
(c) felling, tapping, burning or in any way damaging or destroying,
taking, collecting or removing any plant or tree therefrom;
(d) clearing or breaking up any land for cultivation, mining or for any
other purpose; and
(e) polluting water flowing in and through the wilderness areas:
provided that the Government may, for specific purposes relating to
wildlife protection, authorize the doing of prohibited acts listed in clauses (a), (b) and
(c) above, and clearing of the land for ecological purposes.
11. Buffer zone.− (1) The Government may by notification in the official Gazette
declare an area adjacent to a protected area mentioned in clauses (a), (b), (c) and
(g) of section 3 as a buffer zone with a specific name.
(2) The purposes of notifying a buffer zone shall be to:
(a) regulate an area as a buffer zone for conservation and
protection of a protected area;
(b) regulate development and economic activities in the area;
(c) protect a specific ecosystem outside of a protected area;
(d) control change in land use in the area;
(e) control access to the protected area; and
(f) prepare an area for inclusion in a national park, wilderness area
or any other protected area.
(3) The buffer zone shall be:
(a) assessable to the public for watching biodiversity;
(b) available for research and training;
(c) available for eco-tourism; and
(d) subject to co-management.
(4) The following acts shall be prohibited in a buffer zone:
(a) hunting of any wild animal
(b) using any firearm;
(c) introducing any exotic species of animal or plant; and
(d) polluting any water.
13. Wetlands.− (1) The Government may by notification in the official Gazette
declare a wetland with a specific name on a land owned by the Government, or
subject to a management agreement, on a land owned by a private person.
(2) The purposes of notifying a wetland shall be to:
(a) conserve the biodiversity and aquatic ecosystem of the area;
(b) meet the national and international obligations including those
contained in Ramsar Convention; and
(c) regulate the sustainable use of wildlife resources of the area.
(3) No activities shall be allowed in a wetland except the following:
(a) construction of watch towers and check posts;
(b) recreation, research and training;
(c) angling, netting or auction of fisheries;
(d) removal of vegetation as per management plan of Irrigation
Department of the Government;
(e) provision for means of subsistence for local communities; and
(f) construction of irrigation infrastructure:
provided that the Government may for specific purposes, authorize the
doing of any other activity.
Chapter 3
Management Authorities
15. Management plan.− (1) Every management authority shall, within one year of
the commencement of this Act, prepare a management plan for the protected area
concerned, and submit it to the Chief Minister for approval.
(2) When preparing a management plan for a protected area, the
management authority shall consult relevant stakeholders including local
communities and all affected parties which have an interest in the area, and shall
also take into account any applicable aspects of a development plan in which the
protected area is situated.
(3) The management authority shall manage the area exclusively for the
purpose of which it is declared in accordance with the management plan, under this
Act.
(4) A management plan for protected areas, except for a wildlife reserve
and sanctuary, shall contain:
(a) the terms and conditions of any biodiversity management plan;
(b) a coordinated policy, enforcement and regulatory framework;
(c) such planning measures, controls and performance criteria as
may be prescribed;
(d) a time bound and costed program for the implementation of the
plan and its costing;
(e) procedures for public participation, including participation by the
owner, if applicable;
(f) where appropriate implementation of community based natural
resources management;
(g) a zoning of the areas indicating what activities may take place in
different parts of the area and the conservation objectives of
such parts;
(h) development of economic opportunities within and adjacent to
the protected areas in terms of the integrated development plan
framework; and
(i) development of local management capacity and knowledge
exchange.
(5) The Chief Minister may, on the recommendation of the Board, cancel
the management plan and issue direction for submission of a revised and viable
management plan.
(6) A management plan for a wildlife reserve and sanctuary shall contain
such terms and conditions and measures as may be prescribed.
20. Register of protected areas.− (1) The Government shall maintain a register
to be called the register of protected areas.
(2) The register shall contain:
(a) a list of all protected areas;
(b) information about kinds of protected areas;
(c) data on status of the management plan for each protected area;
(d) data of protected areas with years of establishment;
(e) key conservation targets including the species, habitat type and
link to international treaties or conventions;
(f) data on level of protection of each protected area; and
(g) such other ancillary information as may be prescribed.
24. Commercial and other activities.− (1) The Government shall not approve or
grant permission for the conduct of any commercial or development activities within
a protected area under any law for the time being in force, unless an express
recommendation to this effect has been given by the Board in such manner as may
be prescribed.
(2) In all instances, any permission granted under this Act shall be
consistent with the duly approved management plan in respect of a particular area.
Chapter 4
Offences and Penalties
26. Offences and penalties.− (1) A person who contravenes any of the
prohibitions provided under sections 7 to 13 of this Act respectively shall be
punished with imprisonment for a term which may extend to three years or with fine
which may extend to rupees one million but shall not be less than rupees one
hundred thousand or with both, along with confiscation of the weapon, vehicle or any
other article used in such contravention.
(2) A person who exercises the management authority in violation of the
provisions of this Act or fails to exercise the management authority granted under
this Act shall be punished with fine which may extend to rupees five million but shall
not be less than rupees one hundred thousand.
(3) A person who hinders or interferes with the functions of a management
authority shall be punished with imprisonment which may extend to one month or
fine which may extend to rupees twenty five thousand or with both.
28. Power to try offences summarily.− A Magistrate of the First Class, specially
empowered in this behalf by the Government, may try any offence punishable under
this Act in a summary manner, as provided in the Code of Criminal Procedure, 1898
(V of 1898):
provided that subsection (2) of section 262 of the Code of Criminal Procedure,
1898 (V of 1898) shall not apply for trial of cases under this Act.
29. Prosecution of offences under any other law.− Nothing contained in this
Act shall be deemed to prevent any person from being prosecuted or being liable
under any other law for any punishment or penalty higher than that provided under
this Act.
Chapter 5
Miscellaneous
31. Indemnity. - No suit or other proceedings shall lie against any person for
anything done in good faith under this Act, Rules or Regulations made thereunder.
32. Power to make rules.− (1) The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of subsection (1), the Government
shall, within six months of the commencement of this Act, make rules for:
(a) payment of fees payable under this Act;
(b) payment of any compensation payable to persons under this Act
and the manner of applying for the compensation;
(c) designation, management and enforcement of activities in a
protected area;
(d) purposes of and functions to be performed in the protected
areas;
(e) designation, protection, management and control of protected
species of fauna and flora;
(f) designation, protection, management and control of partially
protected species of fauna and flora;
(g) designation, protection, management, use and control of
protected areas;
(h) regulation of trade in and the transit, import, export or re-export
of specimens of fauna and flora;
(i) issue, grant, administration and enforcement of permits to fell,
extract or remove timber or other forest produce; and
(j) harvesting of timber or other forest produce from forested
private lands outside of protected areas.
33. Power to frame regulations.− The Board, may make regulations, not
inconsistent with the Act or the rules, for carrying out such purposes of the Act which
are not provided in the rules.
34. Repeal and saving.− (1) Section 3 to the extent of honorary officers and
sections 16, 17, 18 and 19 of the Punjab Wildlife (Protection, Preservation,
Conservation and Management) Act, 1974 (II of 1974) are hereby repealed.
(2) Notwithstanding the repeal under subsection (1), anything done or any
action taken or purported to have been done or taken under the repealed sections of
Act II of 1974 shall, in so far as they are not inconsistent with the provisions of this
Act, be deemed to have been done or taken under this Act.