Wild Birds and Animals Protection Act
An act to make better provision for the protection and preservation of certain wild birds and animals.
1. Short title and extent
2. Application of Act
3. Close time
4. Penalties
5. Confiscation
6. Cognizance of offences
7. Power to grant exemption
8. Savings
Schedule
1. Short title and extent
(1) This Act may be called the Wild Birds and Animals Protection
Act, 1912; and
2[(2) It extends to the whole of
2. Application of Act
(1) This Act applies, in the first instance, to the birds and
animals specified in the Schedule, when in their wild state.
(2) The State Government may, by notification in the Official Gazette, apply the provisions of this Act to any kind of wild bird or animal, other than those specified in the Schedule, which, in its opinion, it is desirable to protect or preserve.
3. Close time
The State Government may, by notification in the Official
Gazette, declare the whole year or any part thereof to be a close time
throughout the whole or any part of its territories for any kind of wild bird
or animal to which this Act applies, or for female or immature wild birds or
animals of such kind; and, subject to the provisions hereinafter contained,
during such close time, and within the areas specified in such notification, it
shall be unlawful-
(a) to capture any such bird or animal, or to kill any such bird
or animal which has not been captured before the commencement of such close
time;
(b) to sell or buy, or offer to sell or buy, or to possess, any
bird or animal which has not been captured or killed before the commencement of
such time, or the flesh thereof;
(c) if any plumage has been taken from any such bird captured or killed during such close time, to sell or buy, or to offer to sell or buy, or to possess, such plumage.
4. Penalties
(1) Whoever does, or attempts to do, any act in contravention of
section 3 shall be punishable with fine which may extend to fifty rupees.
(2) Whoever, having already been convicted of an offence under this section, is again convicted thereunder shall, on every subsequent conviction, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
5. Confiscation
(1) When any person is convicted of an offence punishable under
this Act, the convicting Magistrate may direct that any bird or animal in
respect of which such offence has been committed, or the flesh or any other
part of such bird or animal, shall be confiscated.
(2) Such confiscation may be in addition to the other punishment provided by section 4 for such offence.
6. Cognizance of offences
No court inferior to that of a Presidency Magistrate or a Magistrate of the second class shall try any offence against this Act.
7. Power to grant exemption
Where the State Government is of opinion that, in the interests of scientific research, such a course is desirable, it may grant to any person a license, subject to such restrictions and conditions as it may impose, entitling the holder thereof to do any act which is by section 3 declared to be unlawful.
8. Savings
Nothing in this Act shall be deemed to apply to the capture or
killing of a wild animal by any person in defense of himself or any other
person, or to the capture or killing of any wild bird or animal in bona fide
defense of property.
[Section 9 repealed by the Second Repealing and Amending Act, 1914 (17 of 1914)]
Schedule
(i) Bustards, ducks, floricans, jungle fowl, partridges,
peafowl, pheasants, pigeons, quail, sand-grouse, painted snipe, spurfowl,
woodcock, herons, engrets, rollers, and king-fishers.
(ii) Antelopes, asses, bison, buffaloes, deer, gazeltes, goats, hares, oxen, rhinoceroses4 and sheep.