Section 38W of The Wild Life (Protection) Act, 1972
38W. Alteration and de-notification of tiger reserves.--(1) No alteration in the boundaries of a tiger reserve shall be made except on a recommendation of the Tiger Conservation Authority and the approval of the National Board for Wild Life.
- (2)No State Government shall de-notify a tiger reserve, except in public interest with the approval of the Tiger Conservation Authority and the National Board for Wild Life.]
Summary
- No state can change the boundaries of a tiger reserve without a recommendation from the Tiger Authority.
- Changes to these boundaries also require the final approval of the National Board for Wild Life.
- De-notifying a reserve (removing its protected status) is only allowed if it is in the public interest.
- Both the Authority and the National Board must agree before a reserve can be de-notified by the state.
Practical examples
FAQ
1. Can a state change tiger reserve boundaries alone under Section 38W of The Wild Life (Protection) Act, 1972?
No, Section 38W requires a recommendation from the Tiger Authority and approval from the National Board.
2. When can a tiger reserve be de-notified under Section 38W of the 1972 Act?
It can only be done in the public interest with the approval of the Authority and the National Board.
3. Who gives the final approval for boundary changes in Section 38W of the nature law?
The National Board for Wild Life must give final approval under Section 38W.
Test yourself
Q1.Under Section 38W of The Wild Life (Protection) Act, 1972, which two bodies must approve a boundary change?
Q2.According to Section 38W of the 1972 Act, what is the legal requirement for de-notifying a reserve?
Q3.Under Section 38W of the Wild Life Act, what is the first step for a state wishing to alter a boundary?
Q4.Does Section 38W of the nature protection law allow the state to de-notify a reserve for private industry?