The power to declare an area a sanctuary by Central Government under Wildlife…

CONCEPT

A provision-specific legal question is answered by matching the responsible authority and the legal function with the Act’s section heading and operative text.

For protected areas, the State Government’s ordinary sanctuary-declaration process must be distinguished from the Central Government’s special power over an area transferred to it.

APPLICATION

1. Section 18 begins the sanctuary-declaration process through a State Government notification expressing its intention to constitute an area as a sanctuary.

2. Section 38 specifically empowers the Central Government, subject to statutory transfer and satisfaction conditions, to declare the transferred area as a sanctuary by notification.

CONTRAST

• Section 27 concerns restrictions on entry into a sanctuary.

• Section 18 concerns the State Government’s initial declaration of intention regarding a sanctuary.

• Section 38 concerns protected areas declared by the Central Government.

• Section 39 concerns specified wildlife and related property that vest in the Government.

RESULT

Therefore, the power asked about is contained in Section 38 of the Wild Life (Protection) Act, 1972.