Section 38V:
Tiger Conservation Plan.
1[38V. Tiger Conservation Plan.-- (1) The State Government shall, on the recommendation of the
Tiger Conservation Authority, notify an area as a tiger reserve.
(2) The provisions of sub-section (2) of section 18, sub-sections (2), (3) and (4) of section 27, sections
30,32 and clauses (b) and (c) of section 33 of this Act shall, as far as may be, apply in relation to a tiger
reserve as they apply in relation to a sanctuary.
(3) The State Government shall prepare a Tiger Conservation Plan including staff development and
deployment plan for the proper management of each area referred to in sub-section (1), so as to ensure--
(a) protection of tiger reserve and providing site specific habitat inputs for a viable population of
tigers, co-predators and prey animals without distorting the natural prey-predator ecological cycle in
the habitat;
(b) ecologically compatible land uses in the tiger reserves and areas linking one protected area or
tiger reserve with another for addressing the livelihood concerns of local people, so as to provide
dispersal habitats and corridor for spill over population of wild animals from the designated core
areas of tiger reserves or from tiger breeding habitats within other protected areas;
(c) the forestry operations of regular forest divisions and those adjoining tiger reserves are not
incompatible with the needs of tiger conservation.
(4) Subject to the provisions contained in this Act, the State Government shall, while preparing a
Tiger Conservation Plan, ensure the agricultural, livelihood, developmental and other interests of the
people living in tiger bearing forests or a tiger reserve,
Explanation.-- For the purposes of this section, the expression "tiger reserve" includes--
(i) core or critical tiger habitat areas of National Parks and sanctuaries, where it has been
established, on the basis of scientific and objective criteria, that such areas are required to be kept as
inviolate for the purposes of tiger conservation, without affecting the rights of the Scheduled Tribes
or such other forest dwellers, and. notified as such by the State Government in consultation with an
Expert Committee constituted for the purpose;
(ii) buffer or peripheral area consisting of the area peripheral to critical tiger habitat or core area,
identified and established in accordance with the provisions contained in Explanation (i) above,
where a lesser degree of habitat protection is required to ensure the integrity of the critical tiger
habitat with adequate dispersal for tiger species, and which aim at promoting co-existence between
wildlife and human activity with due recognition of the livelihood, developmental, social and cultural
rights of the local people, wherein the limits of such areas are determined on the basis of scientific
and objective criteria in consultation with the concerned Gram Sabha and an Expert Committee
constituted for the purpose.
(5) Save as for voluntary relocation on mutually agreed terms and conditions, provided that such
terms and conditions satisfy the requirements laid down in this sub-section, no Scheduled Tribes or other
forest dwellers shall be resettled or have their rights adversely affected for the purpose of creating
inviolate areas for tiger conservation unless--
(i) the process of recognition and determination of rights and acquisition of land or forest rights of
the Scheduled Tribes and such other forest dwelling persons is complete;
(ii) the concerned agencies of the State Government, in exercise of their powers under this Act,
establishes with the consent of the Scheduled Tribes and such other forest dwellers in the area, and in
consultation with an ecological and social scientist familiar with the area, that the activities of the
Scheduled Tribes and other forest dwellers or the impact of their presence upon wild animals is
sufficient to cause irreversible damage and shall threaten the existence of tigers and their habitat;
(iii) the State Government, after obtaining the consent of the Scheduled Tribes and other forest
dwellers inhabiting the area, and in consultation with an independent ecological and social scientist
familiar with the area, has come to a conclusion that other reasonable options of co-existence, are not
available;
(iv) resettlement or alternative package has been prepared providing for livelihood for the
affected individuals and communities and fulfils the requirements given in the National Relief and
Rehabilitation Policy;
(v) the informed consent of the Gram Sabha concerned, and of the persons affected, to the
resettlement programme has been obtained; and
(vi) the facilities and land allocation at the resettlement location are provided under the said
programme, otherwise their existing rights shall not be interfered with.]
Notes:
1. Ins. by Act 39 of 2006, s. 2 (w.e.f. 4-9-2006).