Punjab Wild Life Preservation Act, 1959

Punjab Wild Life Preservation Act, 1959

The Punjab Wild Life Preservation Act, 1959

Punjab Act No. 14 of 1959

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Received the assent of the Governor of Punjab on the 25th April, 1959, and first published for general information in the Punjab Government Gazette Extraordinary, of April 28, 1959.

An Act to consolidate and amend the law relating to the protection and preservation of wild birds and wild animals.

Be it enacted by the Legislature of the State of Punjab in the Tenth Year of the Republic of India as follows :-

1. Short title, extent and commencement.- (1) This Act may be called the Punjab Wild Life Preservation Act, 1959.

(2) It extends to the whole of the State of Punjab.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Application of Act.- This Act shall, subject to the provisions herein after appearing, apply to all wild birds and wild animals whether in their wild state or in captivity, and whether found in or brought into Punjab.
3. Definitions.- In this Act, unless the context otherwise requires, -

(1) "animal" means an animal which suckles its young;

(2) "close season" means the period other than that specified in column 5 of Schedules II and III or the period altered under clause (ii) of section 6;

(3) "flesh" includes fat, blood, raw or cooked meat and bones;

(4) "Forest Officer" means an officer defined as such in the Indian Forest Act, 1927, or the Patiala Forest Act, 1999 BK;

(5) "licence" or "permit" means a licence or permit granted under this Act;

(6) "Schedule" means a Schedule appended to this Act;

(7) "trophy" means the durable part of a wild bird or wild animal which has been preserved by any means, whether natural or artificial, and includes the head, horn, tooth, tusk, bone, claw, hoof, chin, hair or feather, eggs or nest of any bird, but does not include any article manufactured from any such part of the bird or animal as aforesaid;

(8) "wild animal" includes the flesh or any part of the animal and "wild bird" includes the flesh of the bird or its eggs or egg shells;

(9) "Wild Life Officer" means any person whom the State Government or an officer authorised by it in this behalf may from time to time appoint for performing the functions assigned to Wild Life Officer under this Act or the rules made thereunder;

(10) "Wild Life Sanctuary" means any area declared by the State Government to be a sanctuary under Section 8.

4. Restrictions on killing, capturing etc. of wild birds and wild animals.- (1) It shall not be lawful to -

(a) kill, capture or possess whether dead or alive; or

(b) buy, sell or offer for sale; any wild bird or wild animal specified in the Schedules except in the manner and to the extent provided in sub-sections (2), (3), (4) and (5).

(2) The wild birds or wild animals specified in Schedule I, may be killed, captured or possessed or bought, sold or offered for sale throughout the year.

(3) The wild birds specified in Schedule II, may be killed, captured or possessed or bought, sold or offered for sale during the period other than the close season under a licence, and in the manner and to the extent permitted thereby :

Provided that no licence shall be necessary -

(a) for shooting with fire-arms such wild birds; or

(b) for buying or possessing for purpose of consumption such wild birds as have been obtained from a licensee or have been shot.

(4) The wild birds or wild animals specified in Schedule III may be killed, captured or possessed or bought, sold or offered for sale during the period other than the close seasons under a licence, and in the manner and to the extent permitted thereby :

Provided that no licence shall be necessary for buying or possessing for purposes of consumption such wild birds and wild animals, if obtained from a licensee.

(5) The wild birds or wild animals specified in Schedule IV may be possessed throughout the year as pets or for use as decoys in the manner and to the extent specified in that Schedule.

(6) Nothing in this section shall be deemed to prohibit the possession by any person of skins, antlers, horns or other trophies lawful acquired.

Explanation. - For the purpose of this section an attempt to kill or capture a wild bird or wild animal shall be deemed to be included in the act of killing or capturing such bird or animal.

5. Person in possession of wild bird or wild animal to produce licence when required.- Any person in possession of any wild bird or wild animal specified in Schedule II, III or IV, if required to keep a licence shall, if required so to do by a person authorized in this behalf under the rules made under this Act, produce his licence forthwith on such requisition.
6. Power to add to or to exclude from Schedules.- The State Government may, by notification, which may apply either to the whole or to any part of its territories,-

(i) add to or exclude from any of the Schedules any wild bird or wild animal subject to such conditions as it may impose in each case;

(ii) alter the period during which any wild bird or wild animal specified in Schedule II or III may be killed or captured; or

(iii) alter the number of wild birds or wild animals specified in column 5 of Schedule IV which may be kept as pets or for use as decoys.

7. Power to exempt.- The State Government may exempt any person or class of persons from all or any of the provisions of this Act or rules made thereunder if it is satisfied that such exemption is desirable in the interest of scientific research or wild life sport or for better protection or preservation of crops or other property.
8. Power to declare wild life sanctuary.- (1) The State Government may, by notification, declare any area which is the property of the State Government and any area which is private property subject to the consent of the owner and to such conditions as may be determined by mutual agreement, to be a Wild Life Sanctuary for wild birds or wild animals or both and, notwithstanding anything contained in section 4, it shall be unlawful for any person to kill or capture any wild bird or wild animal or both, as the case may be, within such sanctuary at any time.

(2) No person shall carry fire-arms or take any hounds, nets, traps, snares or any other contrivances which can be used for killing or capturing wild birds or wild animals within the area of a Wild Life Sanctuary except under a special permit granted by any Forest Officer or Wild Life Officer holding a gazetted rank :

Provided that no such special permit shall entitle the holder to kill or capture wild birds or wild animals in the sanctuary.

9. Prohibition of keeping call-birds and coursing and hawking except under licence.- No person shall -

(a) utilize call-birds of any kind (excepting quails) for the purpose of alluring other birds of its kind; or

(b) course or hawk wild birds or wild animals specified in Schedules II and III except under a licence and to the extent and manner permitted thereby.

10. Prohibition of ensnaring and enticing wild birds and animals.- No person shall, with intent to evade the provisions of this Act, ensnare and entice away from the Punjab State to any other State any wild bird or wild animal specified in Schedules II, III or IV.
11. Power to prevent commission of offence.- Every Forest Officer or Wild Life Officer shall prevent the commission of breach of any the provisions of this Act or the rules made thereunder.
12. Power to apprehend and arrest to seize property.- (1) Any Forest Officer, Wild Life Officer or Police Officer or any other person authorised in this behalf by the rules made under this Act -

(a) may, if he has reasonable grounds for believing that any person has committed an offence under this Act :-

(i) require such person to produce for his inspection any wild bird, wild animal or flesh in his possession, or any licence, permit or other document issued to him or required to be kept by him under the provisions of this Act; or

(ii) enter and search any land, hotel, restaurant, vehicle or boat in the occupation of such person and open and search any baggage or other things in his possession :

Provided that no Wild Life Officer below the rank of an Inspector, or a Police Officer below the rank of a Sub-Inspector or a Forest Officer below the rank of a Range Officer shall enter or search any hotel or restaurant; or

(b) may arrest, without warrant any person who commits or is reasonably suspected by such officer of having committed an offence under this Act, if he has reasonable ground for believing that such person will abscond unless arrested, or if the name and address of that person are unknown to such officer and the person refuses on a demand of such officer to give his name and address or gives a name and address which such officer has reason to believe to be false.

(2) Every person arrested under sub-section (1) for having refused to give his name and address or giving a false name and address shall be released on giving his correct name and address.

(3) Should the true name and address of such person be not ascertained within twenty-four hours from the time of arrest, he shall forthwith be produced before the nearest Magistrate having jurisdiction.

(4) Any officer who is empowered to make arrests may seize all guns, fire-arms and ammunition as well as all trophies, dogs, nets, snares or other appliances found in possession of any person who is arrested or against whom a reasonable suspicion exists of having been concerned in any offence punishable under this Act.

(5) A list of all articles seized under sub-section (4) shall be prepared by such officer and signed by two or more witnesses.

13. Power to compound offence.- (1) The State Government may, from time to time, by notification in the Official Gazette, empower any Wild Life Officer, or a Forest Officer, holding gazetted rank -

(a) to accept from any person against whom a reasonable suspicion exists that he has committed any offence punishable under this Act a sum of money by way of composition for such offence.

(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.

(2) On the payment of such sum of money or such value or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released and no further proceedings shall be taken against such person or property.

(3) The sum of money accepted by way of composition under this section shall in no case exceed the amount of two hundred rupees.

14. Penalties.- (1) Whoever commits a breach of the provisions of this Act or of any rule made thereunder shall be punishable with fine which may extend to fifty rupees or in default with imprisonment of either description which may extend to one month.

(2) Whoever having already been convicted of an offence under this Act or any rule made thereunder is again convicted thereof, shall, on every subsequent conviction, be punishable with fine which may extend to five hundred rupees or in default with imprisonment of either description which may extend to three months, and shall, in addition to the punishment provided for the offence, be liable to confiscation of the licence.

(3) Notwithstanding anything contained in sub-sections (1) and (2), whoever commits a breach of the provisions of section 8 shall be punishable with fine which may extend to five hundred rupees or in default with imprisonment of either description which may extend to three months.

(4) On conviction of a person for any offence under this Act the convicting Magistrate may, in addition to any other penalty imposed, order any net, trap or snare used in the commission of such offence to be destroyed or to be sold and proceeds thereof forfeited to the State Government, and direct that the whole or any portion of any wild bird or wild animal killed or captured by such person and all weapons, implements and grey hounds used in aid and for purpose of aiding the commission of such offence shall be confiscated to the State Government.

15. Power to suspend or cancel licences.- (1) The Chief Conservator of Forests, Punjab, or any other officer authorised by the State Government in this behalf may, subject to any general or special order of the State Government, and after affording the licensee an opportunity of being heard, suspend or cancel any licence granted under this Act.

(2) Any person aggrieved by the suspension or cancellation of a licence under sub-section (1) may, within thirty days of the date of order appealed against, appeal to the State Government whose decision on such appeal shall be final.

16. Jurisdiction of Courts to try offences under the Act.- No court inferior to that of a Magistrate of the Second Class shall try any offence under this Act or the rules made thereunder.
17. Persons who may lodge complaints.- No court shall take cognizance of any offence under this Act, except on the complaint of a Forest Officer not below the rank of a Range Officer or a Police Officer not below the rank of a Sub-Inspector or Wild Life Officer not below the rank of an Inspector or any other person or class of persons authorized by the State Government in this behalf by notification in the Official Gazette.
18. Savings.- Nothing in this Act shall be deemed to apply to -

(1) the killing or capturing in good faith of any wild animal by any person in defence of himself or of any other person or of property subject to such conditions as may be prescribed in the rules made in this behalf under this Act; and

(2) the capture, sale, purchase, or possession for scientific or public purposes of any wild bird or wild animal by or on behalf of the authorities administering zoological gardens.

19. Operation of other laws not barred.- Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act :

Provided that no person shall be punished twice for the same offence.

20. Wild Life Officers to be public servants.- All Wild Life Officers and other Officers exercising any of the powers conferred by or under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
21. Protection to persons acting in good faith.- No suit, prosecution or legal proceeding shall lie against any person for anything done or intended to be done in good faith under this Act.
22. Power to make rules.- (1) The State Government may, after previous publication, make rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generally of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) the form in which and the terms and conditions under which a licence or permit may be granted;

(b) the fees to be charged for any licence or permit;

(c) the confiscation and disposal of any wild bird or wild animal killed, captured, possessed, bought, sold, or offered for sale in contravention of the provisions of this Act or of any animal or contrivances used in the commission of an offence under this Act;

(d) the person or class of persons who may issue licenses and make complaints of offences under this Act or may require the production of a licence under sections 5 and 13;

(e) in the case of any species of wild birds or wild animals, the numbers and sex that may be killed or captured under a licence;

(f) for prohibiting certain methods of hunting, killing and capturing wild birds or animals.

23. Repeal and saving.- The Punjab Wild Birds and Wild Animals Protection Act, 1933, and the Preservation of Faunae of Patiala Act, 1996 Bikrami, are hereby repealed :

Provided that anything done, or any action taken or any proceedings commenced or continued under the Acts hereby repealed shall be deemed to have been done, taken, commenced or continued under the corresponding provisions of this Act.

Schedule I

Schedule of wild birds and animals which are excluded from protection under section 4 of the Act.

Schedule II

Schedule of wild birds which under section 4(3) of the Act may be killed or captured under a licence and to the extent permitted thereby during the period specified in column 5, subject to the proviso that they may be shot without a licence during the said period

Schedule III

Schedule of wild birds and wild animals which may be killed or captured under a licence and to the extent permitted thereby during the period specified in column 5

Schedule IV

Schedule of wild birds and wild animals which may be kept in captivity as bona fide pets on call-birds up to the limit specified in column 5 of the Schedule under licence.