The Goa, Daman and Diu Wild Animals and Wild Birds Protection Act, 1965
(No. 21 of 1965)
[Dated 5th November, 1965]
An Act to make better and adequate provision for the preservation and protection of Wild Animals and Wild Birds in the Union territory of Goa, Daman and Diu and for certain other matters hereinafter appearing:
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Sixteenth Year of the Republic of India as follows:
Short title, extent and commencement.– (1) This Act may be called The Goa, Daman and Diu Wild Animals and Wild Birds Protection Act, 1965.
(2) It extends to the whole of the Union Territory of Goa, Daman and Diu.
(3) It shall come into force on such date as the Government of Goa, Daman and Diu may, by notification in the Official Gazette appoint.
Definitions.– In this Act, unless there is anything repugnant in the subject or context,-
(a) “Animal or Bird” includes young ones of the animal or bird, as the case may be;
(b) “Big Game” means any animal or bird specified in Schedule III or IV;
(c) “Game” means any animal or bird specified in Schedule II, III or IV;
(d) “Game Officer” means any officer, warden or servant appointed or authorized for any of the purposes of this Act;
(e) “Hunt” means to hunt, kill or capture any animal or bird by any method and includes every attempt to kill or capture it or to take or destroy any part of its body or eggs or nest or to disturb its eggs or nests;
(f) “Licence” means a licence granted under this Act;
(g) “Meat” includes fat, blood, flesh and bones;
(h) “Permit” means a permit granted under this Act;
(i) “Prescribed” means prescribed by rules;
(j) “Rules” means rules made under Section 43;
(k) “Schedule” means a Schedule appended to this Act;
(l) “Small Game” means any animal or bird specified in Schedule II;
(m) “Trophy” means the durable part of an animal or a bird which has been preserved by any means, whether natural or artificial, and includes the head or horn, tooth, tusk, bone, claw, hoof, skin, hair, feather, eggs or nest of any bird, but does not include any article manufactured from any such part of the animal or bird as aforesaid;
(n) “Vermin” means any animal or bird specified in schedule I and includes any animal or bird declared to be vermin under Section 16.
Domesticated and other animals and birds in captivity exempted.– Nothing in this Act shall apply to domesticated or other animals or birds which are lawfully captured and kept in captivity.
Authorities to be appointed or constituted under the Act
Appointment of Wild Life Preservation Officer, Game Wardens and other Game Officers.– (1) The Government of Goa, Daman and Diu may for the purposes of this Act appoint-
(a) The Wild Life Preservation Officer for the whole of Union territory of Goa, Daman and Diu;
(b) The Game Wardens, either honorary or stipendiary;
(c) Such other officers and servants as may be necessary.
(2) The honorary Game Warden shall ordinarily hold office for a period of three years:
Provided that the Government of Goa, Daman and Diu may terminate his tenure of office at any time without assigning any reason.
(3) The Game Wardens and other officers and servants appointed under this section shall be subordinate to the Wild Life Preservation Officer.
Delegation of Powers by Wild Life Preservation Officer.– The Wild Life Preservation Officer may, with the approval of the Government of Goa, Daman and Diu by order in writing, delegate any of his powers and duties under any of the provisions of this Act to any officer subordinate to him, subject to such conditions, if any, as may be specified in the order.
Duties of Wild Life Preservation Officer.– It shall be the duty of the Wild Life Preservation Officer to advise the Government of Goa, Daman and Diu through the Conservator of Forests-
(1) in the selection of areas to be declared as Game Sanctuaries;
(2) in formulating the policy in granting licences and permits under this Act and administration of Game Sanctuaries;
(3) in the matter of framing rules under section 43; and
(4) on any other matter connected with the preservation and protection of animals and birds which may be referred to it by the Government of Goa, Daman and Diu.
Hunting of animals and birds
Hunting of Wild Animals and Birds without licence prohibited.– No person shall hunt any wild animal or wild bird except under a licence granted under the provisions of this Act and in accordance with the conditions specified in such licence:
Provided that no such licence shall be necessary to hunt any vermin.
Registration of certain persons in possession of arms.– Any person who holds a licence under any Law for the time being in force or rules in force for the possession of arms for sport or protection or who is exempted from the provisions of such Law or rules and possesses any arms, shall register his name and address with the Wild Life Preservation Officer or any other Officer authorised by the Government of Goa, Daman and Diu in this behalf. Such registration shall be made in the prescribed application forms and on payment of such fee as may be prescribed.
Procedure for licence.– (1) Any person desiring to obtain a Game licence shall apply to the Wild Life Preservation Officer or any other Officer authorised by the Government of Goa, Daman and Diu in this behalf in the prescribed form. Such application shall be accompanied by such fee for the licence as may be prescribed.
(2) The application may be made for any or all of the following kinds of game licences, namely:-
(a) Small Game Licence,
(b) Big Game Licence,
(c) Special Big Game Licence,
(d) Pet Animals (Possession) Licence,
(e) Pet and other Animals (Trapping) Licence.
(3) On receipt of an application and after making such inquiry as he may deem necessary the Wild Life Preservation Officer or the authorised Officer may, subject to any general or special orders of the Government of Goa, Daman and Diu grant or refuse to grant the game licence without assigning any reason. When a game licence is refused the fee paid therefor shall be refunded to the applicant.
(4) Every game licence granted under this section shall ordinarily be valid for such period as may be prescribed.
(5) Any person aggrieved by the refusal of a licence may, within 15 days, appeal to the Government of Goa, Daman and Diu whose decision shall be final.
Record of game hunted to be kept and submitted.– (1) The holder of every game licence of the kind specified in clause (b), (c) or (e) of sub-section (2) of section 9, shall keep a record containing such particulars as may be prescribed of all game killed or captured by him during the currency of his licence.
(2) When any game is killed or captured by the holder of such licence, he shall, not later than 15 days of the killing or capture of the game or before leaving the Union Territory of Goa, Daman and Diu, whichever is earlier, intimate in writing to the Wild Life Preservation Officer or to any other Officer authorised by him in this behalf, the prescribed particulars of the animal or bird killed or captured by him.
(3) Not later than 15 days after the expiry of his licence, the holder shall surrender his licence to the Wild Life Preservation Officer or the authorised Officer and shall sign a declaration in the prescribed form certifying the accuracy of the record of the game killed or captured by him.
Issue of licence for special purposes.– Notwithstanding anything contained in this Act, it shall be lawful for the Wild Life Preservation Officer, upon such conditions as he may deem fit to impose, to grant a licence to any person with or without payment of fee, which shall entitle the holder to hunt animals and birds, specified thereon for any of the following purposes, namely:-
(i) scientific research;
(ii) collection of specimens for Zoological gardens, museums and similar institu-tions; and
(iii) killing of such animals and birds as are a source of serious menace to human life or property.
Suspension or cancellation of licence.– (1) The Wild Life Preservation Officer or any other Officer authorised by him in this behalf may, subject to any general or special orders of the Government of Goa, Daman and Diu, without giving any previous notice and without assigning any reasons, suspend or cancel any licence granted under this Chapter.
(2) Any person aggrieved by the suspension or cancellation of a licence under sub-section (1) may, within 15 days, appeal to the Government of Goa, Daman and Diu whose decision shall be final.
Hunting of young and female with young prohibited.– (1) Except when authorised under a specified condition to that effect in a licence, no person shall hunt the young of any game or any female game accompanied by its young or any deer with horns in velvet.
(2) Nothing contained in sub-section (1) shall apply to the hunting of a vermin.
Close time.– The Government of Goa, Daman and Diu may, by notification in Official Gazette, declare the whole year or any part thereof to be a close time throughout the whole or any part of the Union territory of Goa, Daman and Diu for any kind of wild animal or bird or for female or immature wild animal or bird of such kind.
Unlawful method of hunting.– (1) Subject to the provisions of section 8, no person shall hunt any game from or by means of a wheeled or a mechanically propelled vehicle on water or land or by air-craft.
(2) Subject to the provisions of section 8, no person shall use a motor car, motor launch or aircraft for the purpose of killing, driving or stampeding game.
(3) No person shall hunt any game with nets, snares, pit falls, poison or poison weapons, except in defence of human life or property and except in so far as it relates to capture of animals and birds under a licence of the kind specified in clause (e) of sub-section (2) of section 9.
(4) No person shall, for the purpose of hunting, set fire to any vegetation.
(5) No person shall use any artificial light for the purpose of hunting except in the case of carnivora, over a kill.
(6) No person shall hunt any game during the hours of night, i. e. one hour after sunset and one hour before sunrise except in the case of carnivora by sitting on a kill.
(7) No person shall hunt any game on a salt-lick or water hole or other drinking places or on paths and approaches to the same except sandgrouse and water birds.
(8) No person shall hunt any game on any land of private ownership, without the consent of the owner or his agent or the lawful occupier of such land.
(9) No person shall, notwithstanding that he holds a game licence for the purpose, hunt any game animal during the close time.
Declaration of certain animals and birds as vermins.– The Government of Goa, Daman and Diu may, by notification in the Official Gazette, declare any wild animal or wild bird, other than those specified in Schedule I to be vermin in any specified area and it shall not be necessary to hold a licence to hunt any such animal or bird in such area.
The provisions of sections 27 and 28 shall apply in relation to game as they apply in relation to a trophy.
Power to declare any area to be Game Sanctuary.– The Government of Goa, Daman and Diu may, by notification in the Official Gazette, declare any area to be a Game Sanctuary, in the manner hereafter appearing.
Notification regarding Game Sanctuary.– Whenever it has been decided to declare any area to be a Game Sanctuary, the Government of Goa, Daman and Diu shall issue a notification in the Official Gazette.-
(1) stating that it has been decided to declare such area to be a Game Sanctuary;
(2) specifying as nearly as possible the situation and limits of such area; and
(3) directing the Collector to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over the land comprised within the limits of such area and deal with the same as provided in this Act.
Explanation – For the purpose of this section it shall be sufficient to describe the area by roads, rivers, ridges or other well-known or readily intelligible boundaries.
Bar of accrual of any rights in land comprised in Game Sanctuary.– After the issue of a notification under section 19, no right shall be acquired in or over the land comprised in such notification, except by succession.
Proclamation by Collector.– When a notification has been issued under section 19, the Collector shall publish in the regional language in every town and village in the neighbourhood of the area comprised therein, a proclamation-
(a) specifying, as nearly as possible, the situation and the limits of the proposed Game Sanctuary;
(b) fixing a period of not less than two months from the date of such proclamation, and requiring any person claiming any right mentioned in section 19 or section 20 within such period either to present to the Collector a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.
Inquired by Collector.– The Collector shall take down in writing all statements made under section 21 and shall at some convenient place, inquire into all claims duly preferred under that section and the existence of any rights mentioned in section 19 or 20 and not claimed under section 21 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.
Extinction of rights.– Rights in respect of which no claim has been preferred under section 21 and of the existence of which no knowledge has been acquired by inquiry under section 22 shall be extinguished.
Power to acquire land over which right is claimed.– In the case of a claim to a right in or over any land, other than a right of public way or right of common pasture, the Collector shall either-
(a) exclude such land from the limits of the proposed Game Sanctuary, or
(b) come to an agreement with the owner thereof for the surrender of his rights, or
(c) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894.
Acquisition Proceedings.– For the purpose of acquiring such land,-
(1) the Collector shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894;
(2) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;
(3) the provisions of the preceding sections of that Act shall be deemed to have been complied with;
(4) the Collector with the consent of the claimant, or the Court, with the consent of both the parties, may award compensation in land or partly in land and partly in money; and
(5) in the case of the stoppage of a public way or a common pasture, the Collector may, with the previous sanction of the Government of Goa, Daman and Diu provide for a substitute public way or common pasture, as far as may be practicable or convenient.
Powers of Collector to be exercised by other Officers.– The Government of Goa, Daman and Diu may, by general or special order, direct that the powers exercisable or the functions to be performed by the Collector under sections 19 to 25 (both inclusive) may be exercised and performed by such officer as may be specified in the order.
Trophies and pet animals and birds
Dealing in trophy and pets without licence prohibited.– No person shall carry on a business of a trophy dealer or dealer in pets, except under and in accordance with the trophy dealer’s licence or pets dealer’s licence granted under the provisions of this Chapter.
Trophy and pets dealer’s licences.– A trophy dealer’s or pet and other animal dealer’s licence may be issued by the Wild Life Preservation Officer, or by any other Officer authorised by the Government of Goa, Daman and Diu in this behalf, on application and payment of such fees as may be prescribed, and shall entitle the holder to carry on the business of a trophy dealer or dealer in pets upon the premises and conditions specified in the licence. Every such licence shall be valid for one year from the date of issue, unless duly suspended or cancelled before that period.
Records and returns to be made by trophy and pets dealers.– A trophy dealer or dealer in pets shall keep such records and submit such returns of his dealings to the Wild Life Preservation Officer as may be prescribed.
Certificate of ownership.– The Wild Life Preservation Officer may for the purposes of section 29 issue a certificate of ownership to any person who in his opinion is in lawful possession of a trophy.
Export and sale of trophies regulated.– No person shall export or transfer by gift, sale or otherwise, to any person any trophy unless he is in possession of a certificate of ownership therefor, and such certificate shall be delivered or sent by post to the transferee at the time of export or transfer.
Explanation – For the purposes of this section “Export” means to take out of the Union territory of Goa, Daman and Diu otherwise than across a customs frontier.
Government trophies.– Any game found dead or killed without a licence in defence of life or property or by mistake or any game or trophy in respect of which a breach of the provisions of this Act has been committed, shall be a Government trophy and the property of the Government of Goa, Daman and Diu.
Possession of Government trophy to be reported.– Any person who, by any means, obtains possession of a Government trophy shall, within 48 hours make a report thereof to the nearest Game, Police or Forest Officer and shall, if so required, hand over the trophy to him.
Unlawful possession and dealings in Government trophies.– (1) No person shall, without permission of any of the officers referred to in section 30, keep in his possession any Government trophy or without the permission of the Wild Life Preservation Officer or any other officer authorised by the Government of Goa, Daman and Diu in this behalf, transfer by gift, sale or otherwise, any Government trophy to any person.
(2) In any prosecution for contravention of the provisions of sub-section (1), it shall, until the contrary is proved and the burden of proving which shall lie on the accused, be presumed that the person in whose possession the Government trophy was found was in unlawful possession thereof.
Production of ivory or horn before Wild Life Preservation Officer.– Every person who kills an elephant or a bison shall produce its ivory or horn before the Wild Life Preservation Officer or any other officer authorised by the Government of Goa, Daman and Diu in this behalf, within one month of the killing thereof, or within such further time as may be allowed by him in any special case, together with the game licence under which it was killed.
Registration of ivory or horn before Wild Life Preservation Officer.– The Officer to whom the ivory or horn is produced under the provisions of section 35, if satisfied, after such inquiry as he may consider necessary, that the ivory or horn has been lawfully obtained, shall cause it to be weighed, marked and registered in the prescribed manner and shall return it to the person producing it together with a certificate of ownership in the prescribed form.
No person shall, in any manner transfer any such ivory or horn without the certificate of ownership obtained from the Wild Life Preservation Officer or the authorised Officer, as the case may be.
Prevention and detection of offences and penalties
Power of entry, search, arrest, and detention and power to release the property.– (1) The Wild Life Preservation Officer or any other Game Officer empowered by him or any Forest or Police Officer may, if he has reasonable grounds for believing that any person has committed an offence against this Act,-
(a) require any such person to produce for his inspection any animal, bird, meat or trophy 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;
(b) enter and search any premises, land, vehicle or boat in the occupation of such person and open and search any baggage or other things in his possession;
(c) seize any animal, bird, meat or trophy in the possession of any person and appearing to him to be the property of the Government of Goa, Daman and Diu together with any vehicle, weapon, trap or tools used for committing any such offence, and unless he is satisfied that such person will appear and answer any charge which may be preferred against him, without warrant, arrest and detain him.
(2) Any Officer, of a rank not inferior to that of an Assistant Game Warden, who or whose subordinate, has seized any vehicle, weapon, trap or tools, under clause (c) of sub-section (1), may release the same on the execution by the owner thereof, of a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
(3) It shall be lawful for any of the officers referred to in sub-section (2) to stop and detain any person whom he sees doing any act for which a licence or permit is required under the provisions of this Act for the purposes or requiring such person to produce his licence or permit, and if such person fails to produce his licence or permit, as the case may be, he may be arrested without a warrant, unless he furnishes his name and address and otherwise satisfies the Officer arresting him that he will duly answer any summons or other proceedings which may be taken against him.
(4) Any person detained, or things seized under the foregoing powers, shall forthwith be taken before a Magistrate to be dealt with according to law.
(5) Any person who, without reasonable cause, fails to produce anything which under the powers conferred by this section he is required to produce, shall be guilty of an offence, against this Act.
Penalties.– (1) Any person who contravenes any of the provisions of this Act or any rules made thereunder or who commits a breach of any of the conditions of any licence or permit shall be guilty of an offence against this Act, and shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to Rs. 500/- or with both.
(2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any animal, bird, meat or trophy in respect of which the offence has been committed and any weapon or trap with which the offence has been committed shall be at the disposal of the Government of Goa, Daman and Diu, and that any licence or permit held by such person under the provisions of this Act, be cancelled.
(3) Such cancellation of licence or permit shall be in addition to any other punishment awarded for such offence.
Power to Compound offence.– (1) The Government of Goa, Daman and Diu, may by notification in the Official Gazetteempower the Wild Life Preservation Officer or the Conservator of Forests,-
(a) to accept from any person against whom a reasonable suspicion exists that he has committed an offence under this Act, a sum of money by way of composition for the offence which such person is suspected to have committed;
(b) when any property has been seized under section 38, to release the same on payment of the value thereof as estimated by such Officer.
(2) On 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.
When Court to take cognizance of offence.– No Court shall take cognizance of any offence against this Act-
(1) except on the complaint or report of the Wild Life Preservation Officer or any officer authorised by him or of any Forest or Police Officer or of any other officer authorised by the Government of Goa, Daman and Diu in this behalf; and
(2) unless the prosecution is instituted within three months from the date on which the offence is alleged to have been committed.
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.
Power to make rules.– (1) The Government of Goa, Daman and Diu by notification in the Official Gazettemay make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may be made for all or any of the following matters, namely:-
(a) the forms to be used for any application, licence, permit, registration, declaration, certificate, return or other documents granted, issued, made or submitted under the provisions of this Act and the fees, if any, therefor;
(b) the conditions subject to which any licence or permit may be granted under this Act;
(c) the particulars of the record of game killed or captured to be kept and submitted by any licensee;
(d) controlling settlements in the game sanctuaries with a view to preventing disturbance to the natural fauna;
(e) regulating the sale of pet and other animals and trophies derived from the wild animals and birds;
(f) manner of registration of ivory or horn of elephant or bison brought for such registration;
(g) any other matter for which in the opinion of the Government of Goa, Daman and Diu provision is expedient or necessary to carry out the objects of this Act.
(3) The power to make rules under this section shall be exercised subject to the condition of previous publication.
(4) All the rules made under this section shall be laid before the Legislative Assembly of the Goa, Daman and Diu as soon as possible after they are made, and shall be subject to such modification, as the Union territory Legislature, may make during the session in which they are so laid or the session immediately following and published in the Official Gazette.
Power to amend Schedules.– For the purpose of preserving or protecting the rare species of wild animals and wild birds, protecting such animals and birds during the breeding season and for any similar purpose, the Government of Goa, Daman and Diu may, by notification in the Official Gazette, add to or alter any of the Schedules and any such addition or alteration shall have effect as if it had been made by this Act.
Defence of life and property.– Subject to the provisions of sections 32 to 34 (both inclusive), nothing in this Act shall prohibit,-
(1) the killing or capturing of any wild animal or wild bird by the occupier of any land in defence of the standing crop or cattle on the land;
(2) the killing or capturing, in good faith of any wild animal or wild bird in defence of himself or of any other person:
Provided that nothing in this section shall exonerate any person who, when such defence become necessary, was hunting any game or committing any contravention of this Act.
Game Officers to be public servants.– All game Officers and other Officers exercising any of the powers conferred by this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Protection to person acting in good faith.– No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Power to exempt.– The Government of Goa, Daman and Diu may by notification in theOfficial Gazette, exempt any class of persons from all or any of the provisions of this Act.
Power to amend Schedules.– The Government of Goa, Daman and Diu may, by notification in the Official Gazette, add to, omit or alter any entry in the Schedule I, II, III or IV, subject to such conditions (if any) as may be specified in such notification; and on the issue of such notification such schedule shall be deemed to be amended accordingly, but without prejudice to anything done or omitted to be done before the amendment of such schedule.
(See section 2(n) and section 49)
Wild Cat (excluding tiger, lion, panther and cheetah).
Rodents (except hare, giant squirrel and flying squirrel).
Birds of prey (excluding vulture).
(See section 2(c) and (1) and section 49)
Whistling lead (large and small).
Duck, goose and swan (all kinds other than those mentioned above and pink-headed duck).
Water birds (excluding storks, egrets and herons).
Crane (excluding Sarus).
Bustard (excluding Great Indian Bustard).
Sand-grouse (all species).
Partridge (grey and painted).
Quail (all species).
Pigeon and dove (all species).
Rosy-pastor or Rose-coloured Startling.
Hare (all species).
Chinkara (male only).
(See section 2(b) and (c) and section 49)
Black buck (male only with horns over 12 inches).
Sambar (male only with hard horns over 30 inches).
Cheetal (male only with hard horns over 20 inches).
(See section 2(b) and (c) section 49)
(Special Big Game)
Bison; Male only, if horn measurements reach at least one of the following limits:-
(a) a span of 33 inches between the outer edges of the horns at their widest spread;
(b) a girth of 18 inches at the base of the horns.