National Parks and Wild Life Conservation (Fourth Amendment) Act, 1993

Nepal Press Digest (Private) Ltd. Lazimpa t • .Ka t hmandu , .N E1"AL i1ECORDErt rear 17, No. 26 Ka thmandu: July 9, 1993 TAlePhone 4-11927 (Not meant for public sale. 'l'3productj,on in any form without Permission strictly pr hibitt:!d). 2050(J une 9, 1993). Nati.onal Parks and W1.1d L1u Conspryation (1i'ourth AmAnmint) Aci£o 1993 Preamble: Whereas it is exped ten t to amend the 19731'1ational Parks and Wild Life Conservs·tion Ac t, now therefore, the Parliament has enacted this law in the 22nd year of th.e reign of His ~ajesty King Birendra Bir Bikram Shah Dev. 1 • Sho rt TItle a ad Commencemen t ( 1 ) Life (2) It shall come into force at once. 2. Amendment in Seotion 2 of the 1973 National Parks and Wi~~ Life Conservation Act In Section 2 of the 1973 National Parks and Wilf Life Conservation Act (hereinafter called the principal act): (1) The following Clause (e2) bas been added after Clause (e1): (e'2) ~\lffer ZOne means the areas around national parks or reserves pr sac r Lbed under Section 3A. in order to provide the local inhabitants the fac.il1ty of utilizing forest products on 8 regula r basis. (2) The following Clause(J1) has been added after Clause (j): (j1) Conservator means a Person appointed by His ~J.ajesty's GOVernment for tbe conservation and management of a national 178rk, res·Arve, conservation area, or buffer zone. 291 3. Addition of Sections 3A, 3B and 3C in the Principal Act The following Sections 3A, 3B and 3C have been added after Section 3 of the principal act: 3A. POwer to Prescribe BuifAr ZonAS (1) His ~~jesty's GOVernment may prescribe by notification in the Nepal Raj a'patra any area ar-ou national Park or reserve as a buffer zone by sp"c !tying the bounda r-Les, (2) His ltJajesty's Government may alienate, tranSfer t ownership of or change the bounda rd ea of a buffer zone designated under Sub-Section (1) by notifica in the Nepal Raiap~. 3B. .Q.Qnseryation and }Vlanagement of Buffer Zone The conservator shall Perform functions relating to the c onserva tion am management of the buffer zone. Provided that the land-ownership of the local people in that area shall not be affected while Perform functions rel""B'-!-ng to conservation and management. 30. Oompens§tion to be Paid In caSE any house or land of an inhab~tant located wi th in the buff Ar zone comes under the na tural boundarie of the national park or resprve as a result of land slides and floods and the c oncerned inhabitant beo omea homeless, the concerned national Park or reserve shall Pay 8 reasonable compensation to him on the recommendation of the Users' Committee formed under Section 160 from the amount allocated for commund ty development. 4. ~~dment in Section 6 of the Principal Ac,t The words"national parks or reserves," occurring at different places in Section 6 of the principal act, have been re,laced by "national Parks, r eaerv ea or conservation areas" • 5. A.!!d.it ion. of Sec tion 160 in the Princ ipal Act The following Section 160 has been added after Section 16 of the prine ipal act; 160. Users' CO.1lmittee (1) The co nc ern ed conservator may form users' committeeS through coordination with the lOCal bOdy for the management of fallen trees, dry timber,firewood and grass inside the national Park, reserve, conservation area or b14ffer zone. 292 (2) The functions, dut L's and powers of the Users' Committee, other than those mentioned in Sub-Saction (1), shall be as prescribed. 6. Amendment in Sec t ion 22 of the Prine ipa1 Ac t The words "of national parks or reserves" occurring in Section 22 of the principal act, have been replaced by "of national pa r-ka , r-eaerv es , conservation areas or buffer zones" • 7. Amendm (-lOt in SPC t i on 25 Of t he Prine ioo 1 Ae t Sub-Section (1) of S:::ction 25 of the principal act has been replaced by the followmg S ub-S eo tinn (1): (1) Any person who supplies information which helps in the arrest of a person who kills or injures a rhinoceros, tiger, elephant, musk-deer, clouded leoperd, snow Leo ja rd or bison may be given a cash r~ward not exceeding Rs 50,000, and any Person who supplies information which helps in the arrest of anyonA who kills or injures a protected wild-life other than tlx>se mentioned above may be given a cash reward not exceeding Rs 25,000. 8. Addition of Section 25A in the Principul Act The fOllowing Section 25A has bee n ad dsd after Spetion 25 of tbe'princip8l act; 25A. Power to Inc ur Exppnses for LOcal Deyelopment Thirty to fifty percent of the income earn~d by a national park, re:3:=,·rve or conservation area may be spent for the community develoPment of the local people by establishing coordination with the local body. 9. Amendment id Section 26 of the Pringipal Act S ub-S eo tions (1) and (2) of S f?C tion 26 of the Prine ipal act have been replaced by the following Sub-Sections (1) and (2): (1) Any person who kills or injures, or purchases, sells, or supplies or accepts through tranSfer a rhinoceros, tiger, elephant, musk-deer, clouded leopard, snow leo I=6 rd, or bison 0 r keepa or buys or sells rh inoc eros horn or musk pods,snow leopard skins, and trophies of Similar other protected wild life in an illegal mannpr shall be punished with a fine ranging between Rs 50,000 and Rs 1,OO,JOO, or with imprisonment for a term ranging betw~en five years and fifteen years or witb both. 293 (2) Any person who kills Or inj ur ee any protpct<:>d wilf-life oth':·r than those mf!ntionpd in Sub-S..:?ction (1) shall be punish -d with a fine ranging between Rs 40,000 and ls 75 p OOO, or with imprisonwpnt for a term ranging betw?en on Q year and ten years, or with both. Royal Seal Affixpd on: J estha 27, 2050 (June 9, 1993). *********