as introduced in lok sabhaas introduced in lok sabha bill no 192 of  2017 the payment of compensation to victims of vermin wild animals and crop raid  bill, 2017 by adv joice george, mp a billto provide for compensation to victims of wild animals declared as vermin and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the payment of compensation to victims of  vermin wildanimals and crop raid act, 20175(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 (1) in this act, unless the context otherwise requires,—(a) "carrying capacity" means the maximum population size of the species that the protected area can sustain indefinitely, given the food, habitat, water and other necessities available in that area(b) "crop raid" means an act of entering into a cultivated area by the wild animals and causing the damage to the entire crop;(c) "fund" means the vermin wild animals and crop raid compensation fund constituted under section 7;5(d) "prescribed" means prescribed by rules made under this act; (e) "scheme" means the scheme for compensation to persons affected by vermin wild animals and crop raid framed under section 4;1053 of 1972(f) "vermin" means noxious, objectionable or disgusting animals collectively, that appear in human habitation and poses harm to human lives, agricultural crops, domestic animals or which carry disease and includes any wild animal as declared as vermin under section 62 of the wild life protection act, 1972; and(g) "wild animal" shall have the same meaning as assigned to it under the provisions of the wild life protection act, 197215(2) the words and expression used but not defined in this act shall have the same meanings as assigned to it under the wild life protection act, 19723 (1) the central government shall, by notification in the official gazette, constitute an expert team in each state to recommend for notification of wild animals which may be declared as vermin20central government to constitute an expert team in each state to notify wild animals as vermin(2) the central government shall, on the recommendations of the expert committee constituted under sub-section (1) and after conducting carrying capacity study, notify wild animals causing or intending to cause harm to human life and property or causing destruction to agriculture crops, due to overpopulation in the protected areas and scattered over to human habitations and plantations as vermin25(3) the central government shall also take necessary steps to contain the population of wild animals in the protected area and other habitats within the carrying capacity so as to prevent them from scattering over to the human habitations and plantations and causing or intending to cause crop raid, damage to human life and properties304 (1) the central government shall, by notification in the official gazette, formulate a scheme for payment of compensation to persons affected by vermin wild animals or crop raid(2) without prejudice to the generality of the foregoing provision, the scheme shall include:—(i) area with clear administrative boundary to which the scheme shall be applicable;central government to formulate a scheme for compensation to persons affected by vermin wild animals and crop raid(ii) declaration of wild animals as vermin and reasons thereof;35(iii) date on which the scheme shall cease to operate; and(iv) the recommendation of stakeholder and expert team consultation, carrying capacity studies and stakeholder surveysadministration of the scheme5 the scheme shall be administered by such authority, not lower in rank than the district collector, as may be specified by the central government406 every person affected by the vermin wild animals or crop raid shall apply to the district collector or such other authority specified under section 5 for the payment of compensation in such form and manner as may be prescribedperson affected by vermin wild animals to apply to the district collector for compensation7 (1) the central government shall, by notification in the official gazette, constitute a vermin wild animals and crop raid compensation fund to which the central government and state governments concerned shall contribute every year in such ratio as may be prescribedconstitution of vermin wild animals and crop raid compensation fund5(2) the fund shall be utilized for payment of compensation to the persons affected bycrop raids or otherwise by vermin wild animals(3) the fund shall also be credited from corporate social responsibility funds and wildlife protection activists, as donations108 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds for carrying out the purposes of this actcentral government to provide adequate funds power to issue directions9 the central government may issue directions to the concerned state governments for carrying out the purposes of this act10 the provisions of this act shall have affect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect15power to make rules11 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purpose of this act20(2) every rule made under his 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 immediately following the session or successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that rule should not be made, the rule shall thereafter 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 under that rule statement of objects and reasonsthe population of wild life in the protected areas including national parks, wildlife sanctuaries and reserved forests is increasing beyond the carrying capacity of the protected areas due to strict implementation of laws, growing concern of the environment and wild life protection authorities due to the population beyond carrying capacity, the wild animals are forced to come out from their natural habitat and migrate to the human habitations including thickly populated areas due to these phenomena, the man-animal conflict is increasing day by day and in most of the cases, the human beings are at the receiving end due to animal attack and crop raids, residents are losing their life and property in the event of loss of life or damage to the properties or agricultural crops, there is no provision giving the affected parties a statutory right to get their damages adequately compensated there is no provision of law enabling the stakeholders to cull the wild animals so as to contain their population within the carrying capacity of their natural habitats such as the national parks, the wild life sanctuaries, reserved forest and other protected areas therefore, it is highly required to have a legislation conferring rights on the citizens to get their damages due to attack by wild animal adequately compensated and also to cull the wild animals for the purpose of containing their population within the carrying capacity of their natural habitatsthe bill seeks to achieve the above objectivesnew delhi;joice  georgeaugust 4, 2017 financial memorandumclause 3 of the bill provides for the constitution of an expert team to notify wild animals as vermin clause 7 provides for the constitution of a vermin wild animals and crop raid compensation fund clause 8 provides that the central government shall provide adequate funds for carrying out the purposes of the act the bill, therefore, if enacted will involve expenditure from consolidated fund of india it is estimated that an annual recurring expenditure of about rupees two hundred and ten crore would involve from the consolidated fund of india a non-recurring expenditure of about rupees fifteen lakhs is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character———— a billto provide for compensation to victims of wild animals declared as vermin and for matters connected therewith or incidental thereto————(adv joice george, mp)gmgipmrnd—2241ls(s3)—03112017