Chapter - II
                                                                                                          LEGAL FRAME WORK
                                                      The Jammu and Kashmir Game and Preservation Act, 1942 got assent of
                                       His Highness The Maharaja Bahadur on 15th January 1942 and published in
                                       Government Gazette on 24th Magh, 1998 (1942 A.D.). The main objective of the Act
                                       was to amend and consolidate the law relating to the protection and preservation of
                                       the Game in the Jammu and Kashmir State along with the other features as under:
                                                      0          Consolidating of laws and edicts of Maharaja into a single piece
                                                                 of legislation;
                                                      0          Providing for declaration of Game Sanctuaries, Game Reserves
                                                                 and Reserved Area;
                                                      0          Restriction of certain Acts subject to permission and hunting in
                                                                 Game Reserves.
                                                      In this Act, hunting of wild animals, grazing in the Game Reserves and
                                       Reserved Areas was allowed seasonally or closed. However, uncontrolled hunting
                                       of the wild animals, as elsewhere, after independence became a trade to meet out
                                       the domestic needs and ultimately some of the species came to be on the verge of
                                       extinction. The uncontrolled grazing resulted into massive habitat destruction which
                                       was very important from wildlife conservation point of view.
                                                      The need was felt to have a new piece of legislation. The Jammu and
                                       Kashmir Game and Preservation Act, 1942 was repealed and the Jammu and
                                       Kashmir Wildlife (Protection) Act, 1978 was enacted. The Act provided for
                                       appointment of Chief Wildlife Warden, Regional Wildlife Wardens and Wildlife
                                       Wardens, constitution of Wildlife Advisory Board, regulated hunting, declaration of
                                       areas into Sanctuaries, Nationals Parks, Game Reserves and Closed Areas,
                                       determination of rights and extinguishment thereof wherever required particularly in
                                       National Parks regulating trade and commerce in Wildlife Animals, articles &
                                       trophies apart from saving provisions of the previous Act.
                                                                                                                                                                                                                              4
--------------PAGE Number: 1. END OF PAGE-----------------------