Section 38XA of The Wild Life (Protection) Act, 1972
1[38XA. Provisions of Chapter to be in addition to provisions relating to sanctuaries and National Park.-- The provisions contained in this Chapter shall be in addition to, and not in derogation of, the provisions relating to sanctuaries and National Parks (whether included and declared, or are in the process of being so declared) included in a tiger reserve under this Act.]
Summary
- The rules in this specific Chapter (Chapter IVB) about tigers are meant to be extra rules.
- They do not replace or cancel out the rules for sanctuaries or National Parks.
- If a tiger reserve contains a sanctuary or a National Park, the rules for those areas still apply.
- All the legal protections for different types of protected areas work together to safeguard the reserve.
Practical examples
FAQ
1. Does Section 38XA of The Wild Life (Protection) Act, 1972, cancel sanctuary rules inside tiger reserves?
No, Section 38XA states tiger reserve rules are in addition to, not in place of, sanctuary rules.
2. If an area is both a National Park and a tiger reserve, which rules apply under Section 38XA of the 1972 Act?
Under Section 38XA, the rules for both the National Park and the tiger reserve apply together.
3. What does "not in derogation of" mean in Section 38XA of the nature law?
It means the new rules do not take away from or weaken the existing sanctuary and National Park protections.
Test yourself
Q1.Under Section 38XA of The Wild Life (Protection) Act, 1972, the tiger reserve provisions are described as being:
Q2.According to Section 38XA of the nature law, what happens to the status of a sanctuary that is included in a tiger reserve?
Q3.Does Section 38XA of the 1972 Act apply to areas that are still "in the process" of being declared as sanctuaries?
Q4.Under Section 38XA of the Wild Life Act, can a person enter a tiger reserve freely if sanctuary rules prohibit it?