ABSTRACT

 Forests- wildlife – Sanction of financial assistance to the victims who are killed/injured by the attack of wild animals – Pattern of relief – Rationalized

Orders  - Issued.

 ENVIRONMENT AND FORESTS (FR V) DEPARTMENT

 G.O.Ms.No.205                                                                                                                             Dated 12-9-2000

                                                                                    Read:

1.      G.O.Ms.No.17, Food and Agriculture, dt.2-1-1965

2.      G.O.Ms.No.3212 Agriculture dt.8-12-1970

3.      G.O.Ms.No.430 Forests & Fisheries dt.9-4-83

4.      G.O.Ms.No.629 Public(L&O.B) dt.3-5-1991.

5.      Govt.Lr.No.13551/FR.WL/92-4 dt.22-6-1992

6.      G.O.Ms.No.874 Public (L&O.B) dt.8-8-1996

7.      From the Chief Conservator of Forests(WL) and Chief wildlife Warden
   ref.no.A4/7908/96 dt.2-8-96.

8.      G.O.Ms.No.235, Environment and Forests dt.4-10-96

9.      From Thiru S.C.Sharma, Additional Inspector General of Forests(WL)
  Government of India, Ministry of Environment and Forests, New Delhi
  ref.no.19-8/99-WLI dt.22-12-99.

 ORDER:

              In the Government order first read above,  the Government have ordered the payment of compensation to the owners of the cattle viz. buffaloes, bulls, oxen and cows that are killed by the tigers in the vicinity of the sanctuaries.

                2. In the government order second read above, the scheme was extended to the animals killed by panthers also (in addition to tiger).

                 3. In the Government order third read above, the said scheme was extended to the entire State of Tamil Nadu and the quantum of compensation fixed as Rs.500/- or 50%  of the value of the animal killed.

                  4. The Chief Conservator of  Forests (Wildlife) and Chief Wildlife Warden, in his letter seventh read above, had suggested to include bears, elephants and Hyena, in addition to ‘Tiger and Panther’.  He has further stated that at present the compensation of Rs.5000/- is paid for the human death caused by the wild animals to the legal heirs and also there is a provision of ex-gratia payment for the following.

a) 

Total permanent disablement disqualifying to continue in any vocatio

   Rs.3,500/-
b) 

Grievous hurt falling within section 320 of the Indian Penal code.

  Rs.3,000/-
c) Loss of eye sight of both the eyes  Rs.1,500/-
d)  Permanent incapacitation or loss of joint of the body.  Rs.1,500/-
e)  Permanent disfiguration of face or head    Rs.600/-

                 He has added that he had examined the case with reference to other States, that it is found that in Gujarat State, they have raised the amount of compensation to Rs.1.00 lakh for the loss of life.  He has added that the compensation now paid so far was very low and in fact does not have any impact on the protection of wildlife and it is definitely not adequate to the loss of human life.  Hence, he had requested that the relief given may be revised.

                 5.  The Government have examined the whole issue in detail, based on the orders issued in the Government orders fourth and sixth read above and accordingly they had decided to enhance the norms as detailed below for the following categories as noted against each:-

 (1)    Relief for the death/in jury to human beings due to the attack by the wildlife, elephants, tiger etc.:-

(a)  To the legal heirs of the Rs.50,000/-(Rupees fifty thousand only)
(b)  Permanent incapacitation Rs.50,000/-(Rupees fifty thousand only)
(c)  Major injuries   Rs.10,000/-(Rupees ten thousand only)
(d)   Partial incapacitation Rs.10,000/- (Rupees ten thousand only)
(e) Minor injuries  Rs.5,000/- (Rupees five thousand only

(2)  Relief for the losses to the houses, shops and crops, other than human death / injury caused by the attack of wildlife:-

  (i) Loss of or damage to house:                                      Quantum of relief. 

(a) R.C.C. Roof or tiled house

 Actual loss or Rs.2,500/- (Rupees two thousand and five hundred only) whichever is less.
(b) Thatched house    Actual loss or Rs.1,500/- (Rupees one thousand   and five hundred only) whichever is lower.

 (a) and (b) includes loss of movable property such as grains, clothes and other household effects.

 (ii) Loss or damage to shops: 

(a)

 

Tiled shops, including loss of goods in the shop

Actual loss or Rs.2,500/- (Rupees two thousand and five hundred only) which ever is lower.

(b)

Thatched shops or bunks including loss of goods in the shops.

Actual loss or Rs.1,500/- (Rupees one thousand and five hundred only) which ever is lower.

 

(iii)

Loss of earning assets like vehicles, boat, cattle

Actual loss Rs.2,000/- (Rupees two thousand only) whichever is lower

(iv)

For loss of movable property such as grains, clothes and other house hold effects which out loss or damage to house, loss of articles in shops without loss or damage to building containing the shop.

Actual loss or Rs.1,000/- (Rupees one thousand only) which ever is lower.

 

Relief under Items 2(i) and (ii) will disentitle relief under Item 2(iv) above.

(v)

 

Damage to irrigation, drinking waterwells, tubewells, electric motor, fittings, fruit bearing trees etc. in the ownership of the victims.

Actual loss or Rs.1,000/- (Rupees one thousand only) whichever is lower.

                6. In the Government Order eighth read above, it was also ordered that for the purpose of paying compensation for the death of cattle, due to attack by wild animals, ‘donkey’, ‘horse’, and ‘sheep’ be included in the list in addition to the existing ‘cow’, ‘ox’ and ‘buffalo’ and that similarly, now compensation paid for the death of cattle died due to the attack or tiger and panther.  In future, in this list, ‘bear’, ‘hyena’ and ‘elephant’ shall also be included.

                7. The Government of India, in their letter ninth read above, has informed that the Government of India has decided to request that State Governments for increasing the amount of ex-gratia payment in cases of death or permanent in capacitating of any person by a wild animal from Rs.20,000/- to R.1,00,000/- that the State Governments , may authorize local officers to pay to least 25% of this amount as interim relief to the family of the deceased / incapacitated person after due verification in anticipation of formal sanction, that the balance amount could be released after depleting the formalities prescribed by the State Government and that the compensation in grievous injuries would continue to bel/3rd of the amount fixed for cases of death /permanent incapacitation.  The Government of India, has also clarified that the reimbursement of the amount of compensation by that Ministry under various schemes of wildlife conservation would be on the enhanced rates only, subject to the availability of funds, in respect of incidents that occur after the issue of the said circular.

               8. The Principal Chief Conservator of Forests has reported that at present irrespective of the damages to the crops, only a maximum relief of Rs.2,500/- is being given, that the same is very low and that at times, when about 4 or 5 elephants destroys sugarcane or plantain crops, the loss is estimated to be around R. 10,000/- to 15,000/- The Principal Chief Conservator of Forests has further added that in the wildlife areas like, Mudumalai, Topslip, Valparai, etc., the house are being damaged by the attack by the elephants. The Principal Chief Conservator of Forests has requested the Government to enhance the compensation to be paid due to the attack by the wild animals, as detailed below:- 

Sl.No.

Nature of attack

Amount of Compensation to be paid.

1.

Human Death / permanent incapacitation

Rs.1,00,000/-

2.

Major injuries

Rs.20,000/-

3.

Damages to the crop

Rs.15,000/-

4.

Damages to the tiled house

Rs.5,000/-

5.

Damages to the thatched house

Rs.5,000/-

             The Principal Chief Conservator of Forests has also requested the orders of the Government to pay 25% relief immediately, in the case of human death /permanent incapacitation.

         9. The Government after careful examination, have decided to enhance the norms as detailed below: 

(1) Relief for the death / injury to human beings due to the attack by the wild animals:-

(a)

To the legal heirs of the deceased.

Rs.1,00,000/- (Rupees one lakh only).

(b)

Permanent incapacitation. (To the incapacitated person)

Rs.1,00,000/- (Rupees one lakh only)

(In respect of (a) and (b) above, an immediate relief of Rs.25,000/- would be granted and the remaining amount would be paid after completing all the required formalities.)

(c)

Major injuries.

Rs.20,000/- (Rupees twenty thousand only)

 (2) Relief for the losses to the houses, crops, other than human death / injury caused by the attack of wild animals:-

(a)

Damages to the crops

Actual less or Rs.15,000/- (Rupees fifteen thousand only) whichever is less.

(b)

Damages to the tiled / RCC house.

Actual loss or Rs.5,000/- (Rupees five thousand only) whichever is less.

(c)

Damages to thatched house.

Actual loss or Rs.5,000/- (Rupees five thousand only) whichever is less.

            10. The Compensation to be paid for the other losses would be as already ordered in the Government order eighth read above.

            11. The officers who are empowered to sanction the compensation will also be as ordered in the Government order eighth read above.

            12. In respect of human loss of life or injury or crop damages, etc., due to the attack by the Elephant, the same will be paid under the “Project Elephant” Scheme and the expenditure towards relief sanctioned to the victim will be met under the following head of account:-

             “ 4406. Capital outlay on Forestry and Wildlife – 02. Environmental, Forestry and Wildlife   – 110. Wildlife Preservation – Schemes in the Ninth Five Year Plan – III.  Centrally   Sponsored Schemes – SD.Project Elephant – Anamalai and Mudumalai – 16. Major works      (DPC NO.4406 02 110 SD 1600)”

         13. The expenditure towards payment of compensation in case of death by carnivores like Tiger, Leopard, Hyena, etc. will be met under the following head of account:-

             “2406. Forestry and Wildlife – 02. Environmental Forestry and Wildlife – 110.Wildlife             preservation VI. Scheme shared between State and Centre – UE. Tiger Reserve Scheme – 51             compensation (DPC No. 2406 02 110 51000”

         14. Necessary provision of funds will be made in the Revised Estimate / Final Modified Appropriation 2000-2001.

         15. The Principal Chief Conservator of Forests / Chief Wildlife Warden is requested to take necessary action to get adequate funds form the Government of India for meeting the expenditure at the enhanced rate new ordered, based on the letter of the Government of India, ninth read above.  He is also requested to take necessary action to provide adequate funds under the above two heads of accounts.

          16. The date of effect of the increased compensation ordered in this Government Order would be form 22.12.1999 i.e. the date of Government of India’s letter ninth read above.

          17. This order issues with the concurrence of Finance Department vide its U.O.No. 56817 / HR&F / 2000, dt. 2.8.2000.

 (BY ORDER OF THE GOVERNOR)

S.RAJARETHINAM,
SECRETARY TO GOVERNMENT