(Updated in 2013) GO(MS) No. 32/2013/F&WLD (Forest and Wildlife (D) Department) dt.22/03/2013

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S.1 Short title and commencement

These rules shall be called the Kerala Rules for Payment of Compensation to Victims of Attack by Wild Animals, 1980. They shall come into force with effect on and from 15th July, 1980.

S.2 Definitions

In these rules, unless the context otherwise requires:-

¹[(a)  "Wild Animal" means wild animals such species of wildlife as listed under Schedule I and Part II of Schedule II of Indian Wildlife (Protection) Act, 1972 (53 of 1972).]

(b)  "Legal heirs" means a person who in law is entitled to inherit the estate of the deceased, if he had left any estate at the time of his death and also includes any legal heir of the deceased and executor or administrator of the deceased.

S.3

(a)  Compensation shall be paid to those who sustained injury or loss to life and property on account of attack by wild animals in the manner prescribed below on the basis of the G.O. (Ms) No. 256/80/AD dated 15th July, 1980. Every person who is incapacitated, injured or suffered losses only will be compensated under the scheme.

⁴[(1)  Loss to human life.- An amount of Rs.3,00,000/- (Rupees Three lakhs only)] shall be paid to the legal heirs of the deceased, if human life is lost on account of attack by wild animal. If the loss of human life is on account of snake bite, the compensation will be limited to Rs.1 lakh, if the accident occurs outside forest areas.]

¹[(2)  Incapacitated permanently.- An amount up to Rs.75000/- (Rupees Seventy five thousand only) shall be paid to persons who become permanently incapacitated on account of attack by wild animals]

²[(3)  Loss of cattle, crops, damage to houses, huts et

S.4 Award of compensation

²[x x x x]

(b)  The party desirous of applying for compensation shall make his/her application in the prescribed form (Appendix I) within a period of three months from the date of occurrence of the incident by the victim or in the case of death by the legal heirs with necessary certificates in support of the claim to the Forest Range Officer or the Assistant Wildlife Preservation Officer, who has jurisdiction over the area for onward transmission to the Divisional Forest Officer/Game Warden/Wildlife Preservation Officer concerned.

(c)  The Forest Range Officer/Assistant Game Warden/Assistant Wildlife Preservation Officer on receipt of application shall conduct enquiry personally and forward the application with his recommendations to the Divisional Forest Officer/Game Warden/Wildlife Preservation Officer who has jurisdiction over the area. The Enquiry Officers should bear in mind the reservations in Rule 5.

(d)  The Divisional Forest O

S.5 Persons not eligible for compensation

(a) Persons either convicted or involved in an offence connected with Wildlife (Protection) Act, 1972 or Kerala Forest Act shall not be eligible for compensation.

¹[(b)  No compensation shall be paid to the encroachers of forest land and also in cases where loss or injury is sustained attempting to smuggle forest wealth or enter reserve forests premises without autho risation. Loss to crops grown or improvements made in forest land will not be compensated under the rules except in the cases of tribals residing in the forests hereditarily and of other persons who hold forest land legally.]

(c)  No one shall be eligible for any compensation for loss of crop if a gun licence is provided, to the owner of the land for the protection of the crop.

(d)  No compensation shall be paid to the victims or cases or incidents caused by wild animals kept in captivity.

S.6 Sanctioning Authority

The Divisional Forest Officer/Game Warden/Wildlife Preservation Officer having jurisdiction over the area where the accident/ incident occurred shall be the sanctioning authority.

S.7 Appeal

Those aggrieved by the decision of the Divisional Forest Officer/ Game Warden/Wildlife Preservation Officer may prefer an appeal on the award of compensation within 30 days from the date of receipt of the order. In all cases of appeal, the decision of the appellate authority shall be final.

S.8

The decision of the sanctioning authority in regard to the award of compensation in each case to individuals shall be intimated to the Conservator of Forests concerned and Chief Conservator of Forests (Wildlife).

S.9

Form of Application for Compensation
[See Rule 4(a)]

To
The Divisional Forest Officer,
Game Warden/Wildlife Preservation Officer,
I,............................................son/daughter/wife/widow of................................. residing at..............................having been injured, hereby apply for the grant of compensation for the injury/loss sustained by the attack of wild animals.
Necessary particulars in respect of injury, crop damage, loss of property etc., are given below:
I,............................son/daughter/wife/widow of.................................................... residing at........................................ hereby apply as a legal representative/agent for the grant of compensation on account of death/injury sustained by Shri/Kumari/ Shrimathi............ .......................son/daughter/wife/widow of Shri/Shrimathi ..........................................who died/was injured by the att