Maharashtra Payment of Compensation for Loss, Injury or Damage Caused by Wild Animals Act, 2023 (Act No. 37 of 2023)

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 14, 2023/¸ÉÉ´ÉhÉ 23, ¶ÉEäò 1945 1 MAHARASHTRA ACT No. XXXVII OF 2023. (First published, after having received the assent of the Governor in the “Maharashtra Government Gazette”, on the 14th August 2023.) An Act to make special provisions for payment of compensation for loss of life of, or injury to, humans and cattle and damage to crops and property caused by certain wild animals and for matters connected therewith or incidental thereto. WHEREAS it is expedient to make special provisions for payment of compensation for loss of life of, or injury to, humans and cattle and damage to crops and property caused by certain wild animals and for matters connected therewith or incidental thereto; it is hereby enacted in the Seventy fourth Year of the Republic of India, as follows:— 1. (1) This Act may be called the Maharashtra Payment of Compensation for Loss, Injury or Damage Caused by Wild Animals Act, 2023. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Short title and commencement. RNI No. MAHENG /2009/35528 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 9, +ÆEòú 48(4)] ºÉÉä̈ Éý´ÉÉ®úú, +ÉìMɺ]õ 14, 2023/¸ÉÉ´ÉhÉ 23, ¶ÉEäò 1945 [{ÉÞ¹ ä̀ 4, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 88 |ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ́ ÉÉnù). In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra Payment of Compensation for Loss, Injury or Damage Caused by Wild Animals Act, 2023 (Mah. Act No. XXXVII of 2023), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, SATISH WAGHOLE, Secretary (Legislation) to Government, Law and Judiciary Department. ————————— ¦ÉÉMÉ +É`ö----88---1 (1) 2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 14, 2023/¸ÉÉ´ÉhÉ 23, ¶ÉEäò 1945 2. (1) In this Act, unless the context requires otherwise,— (a) “cattle” means cow, buffalo, bullock, sheep, goat and includes such other cattle as the State Government may, by notification published in the Official Gazette, specify ; (b) “legal heir” or “successor” means a person, who as per law is entitled to inherit the property of the deceased if he has left any property at the time of his death and also includes any executor or administrator of the deceased ; (c) “prescribed” means prescribed by rules made under this Act ; (d) “rules” means the rules made by the State Government under this Act ; (e) “wild animal” means tiger, leopard, bear, bison, wild pig, jackal, hyena, fox, crocodile, elephant, wild dog, deer, nilgai, monkey and langur and includes such other wild animals as the State Government may, by notification published in the Official Gazette, specify. (2) Words and expressions used in this Act, but not defined hereinabove shall have the same meanings as are assigned to them in the Wildlife (Protection) Act, 1972. 3. (1) The State Government shall pay compensation for any injury to, or loss of life of, humans or cattle or damage to crops or immovable property caused by certain wild animals to the victims or to their legal heirs as per the provisions of this Act. (2) The State Government shall pay compensation for the following types of injuries or damages caused due to attack of wild animal :— (a) loss of human life ; (b) permanent disability to humans ; (c) major injury to humans ; (d) loss of cattle life ; (e) injury to cattle ; (f) damage to crops, fruit plants ; (g) damage to property ; or (h) any other types of injuries or damages as may be prescribed : Provided that, any loss, injury or damage caused by the accident of vehicle due to crossing of road by wild animal shall not be considered for compensation under clause (a), (b), (c), (d) or (e). (3) The rates of compensation payable under this Act shall be such as may be specified by the State Government by notification published in the Official Gazette. The State Government may specify different rates of compensation for different types of injuries to humans and cattle or damage to crops, fruit plants and property by different wild animals. Definitions. 53 of 1972. Compensation for loss or damages caused due to wild animals. ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 14, 2023/¸ÉÉ´ÉhÉ 23, ¶ÉEäò 1945 3 4. (1) An application for the compensation payable under this Act shall be made by such persons to such Authority in such form and manner and within such time, as may be prescribed. (2) The Authority shall, after receipt of an application for compensation under sub-section (1), complete in all respects, make an enquiry in such manner as may be prescribed. The Authority shall, after making an enquiry, forward the application alongwith his report thereon to such Sanctioning Authority, as may be prescribed. (3) The Sanctioning Authority shall, after considering the application alongwith the documents annexed thereto and the report of the Authority, either sanction the compensation payable under this Act or reject the same, after recording reasons therefor in writing: Provided that, no application for compensation shall be rejected by the Sanctioning Authority unless an opportunity of hearing is given to the applicant. (4) The compensation shall be paid to the applicant within a period of thirty days of receipt of the application, complete in all respects. Any delay in any payment of compensation after such thirty days shall be liable for payment of interest on the compensation at such rate as may be prescribed. 5. If any person makes any false claim for compensation under this Act or makes any false statement before the concerned authorities under this Act, then he shall be liable for penalty of rupees one thousand. The Sanctioning Authority shall impose and recover the penalty in such cases. The penalty shall be recovered as arrears of land revenue. 6. For the removal of doubts, it is hereby declared that nothing contained in this Act shall apply in respect of claims of compensation made prior to the date of commencement of this Act. 7. No suit, prosecution or other legal proceedings shall lie against the Government, any officer or the authority of the Government or any person for anything which is done, or intended to be done in good faith under this Act or the rules or orders made thereunder. 8. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of such notification, have effect only in such modified form or be of no effect as the case may be; so, however that, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. Procedure for payment of compensation. Penalty for false claims or false statement. Removal of doubt. Protection of acts done in good faith. Power to make rules. 4 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 14, 2023/¸ÉÉ´ÉhÉ 23, ¶ÉEäò 1945 9. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature. Power to remove difficulties. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.