Bombay Wild Animals and Wild Birds Protection Act, 1951 (Act No. 24 of 1951)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Bombay Wild Animals and Wild Birds Protection Act, 1951 Act 24 of 1951 Keyword(s): Animals, Birds, Conservation, • Repla&ement Slll'ies No. XXVI-p. 82 1951 : Bom. XXIV] . I'BEAM:BLE. SECTIONS. THE BOMBAY WILD ANrMALS AND WILD BIRDS PROTECTION ACT, 1951. CONTENTS . CHAPTER I . PRELIMINARY, 1. Short title, extent and commencement. 2. Definitions. 3. Domesticated alld other animals and birds in cap!;ivity exempted. CHAPTER II .. AUTHORITIES TO BE APPOINTED OR CONSTITUTED UNDER THE Aw. 3731 4. Appointment of Wild Life Prcserrntion Officer, Game Wardons and otlrnr Game Officers. · 5. Delcg~tion of power11,by Wild Life Preservation Officer. 6, Constitution of State Wild Life Advisory Board. 7, Duties of State Wild Life Advisory Board. 8. ·Procedure of State Wild Life Advisory Board. CHAPTER III. HUNTING oi, ANrMA.1,s AND BmDs. A.-Lwences . . 9. Hllllting of wild anilllllls .and birds without licence prohibited. 10. Registr~tion of certain persons in possessioll. of arms. ll. Procedure for licence. 12. Record of game to be kept and submitted. 13. Issue of licence for special purposes. 14. Suspension o~ cancellation of Hcenr.o. 14A. Appeals. (M. C.J/1)- 102 3732 &mhay Wild Anima/R and Wild Birils [1951 : Bom. XXIV P~ Act, 1951 . SECTIONS. B.-General. Iii. Hunting of young and female with young prohibited. 16. Close time; 17. Unlawful methods of hunting. 18. Declaration of certain animals and birds as vermins. 18A. Application of sections 36 ana 37 to game. CHAPTEBIV. G..uu: 8ANC11'U.ARIES. 19. Power to declare any area to be Ga,ne Sanct'"ary. · 20. · Notification regarding declaration of Game Sanctuary. 21. Bar of accrual of any rights in land comprised in Game Sanctuary. 22. Proclamation by Collector • ..23. Inquiry by Collector. U. Extinction ofrights. 25. Power to acquire land over which right is claimct1. 26. Acquisition Procecdir;;s. 27. Power of Collector to be exercised by other officers. 28. Restriction on ent:ry in Gnn1e Sa.i~etw:ry. 29. Permit to enter or ,esitle in a O<lnte Sanetaary. 30. Hunting ic. Game Sanetuery wit.lv•,t i,,onnit prohibiletL 31. · Refusa,I or eancc!l .. tlon of pcm•it. 32. (}msing fire proh,ibited~ 33. 34. 35. 36. 37. 38. G'IIAPTER V. TMrmEs AND PET A,NrHALS AND Bllms. Dealings in twphy and pcta without Iiccnco p:ohibitcd. Trophy and peta dealers licences. Records and returns to ho made by trophy and psta dealers. Certificate of ownership. 'E;xport and sale of trophies .regulated. · Government trophies. • • • Replacemeni Series No. XXVI-p. 83 1951: Bom. XXIV] Bombay Wild Animals <1M Wild Birila Prorectiot,, Act, 1951 SJi:CTIONS. 39. 40. 41. 42 . 43. Possession of Qo,,.ernment trophy to be reported .. Unlawful possession and dealings in Government trophies. Production of ivory or horn before Wild Life Preservation Officer. Registration of ivory or hom and identiJloation mar,ks. · No ivory or hom to be transferred without a certificate of ownership, CHAPTER VI. P!iEVl!:N'l'ION Alm DETECTION OP OnENczs AND PmlALTll!S, 44. Power of entry, searcl1, arrest and detention. 415. Penalties . .jl!A. Punishment for wrongful seizure. 411B. Power to compound o!fen=. 46. When Oourt to take cognisance of olfenoe. 47. Operation of other laws not barred . • 48. Power to make rnlee. ORAPTER VII. M!S!lllLI.AJIEOUB. 49. Power to amend Schedules. ISO. Defence of life and property. 61. Game Officers to be public servants. ·• 52. Protection to persons acting in good faith. 53. Power to exempt. 63A. Power to amend Schedules. M. Repeal. 65. Further repeals and savings. BammllLB I. 8ammULE TI. SammULEID. 3733 • I • Mah. XI or 1961. Replacement Series No. XLVl-p. 16 3735 BOMBAY ACT No. XXIV OJ!' 1951.1 [fHE BoMBAY WILD ANIMALS AND WILD BIRDS PROTECTION ACT, 1~51.]• [24th July 1951] Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. Adapted and modified by the Maharashtra Adaptation of. Laws (State and Concurrent Subjects) Order, I 960. Amended by Mah. 11 of 1961. " " 2 of 1964. " 3 of 1970. An Act to make adequate provision for the protection of wild animals and birds in the State of Bombay. WHEREAS it is expedient to make better and adequate provision for the preservation and protection of wild animals and wild birds in the State of Bombay and for certain other matters hereinaftet appearing; It is hereby enacted as follo•vs ·.-. CHAPTER I. PRELIMINARY. \ 1. (J) This Act may be called the Bombay Wild Animals and Wild Birds Short title, Protection Act, 1951. extent and commence~ '((2) It extends to the whole of the State of Maharashtra. 1 (3) It shall come into force 3[in the pre-Reorganisation State of Bombay) on such 'date as the State Government may, by notification in the Official Gazette, '(appoint ; and in the remaining part of the State of Maharashtra, it shall come into forco on the •commencement of the Bombay Wild Animals and Wild Birds Protection (Extension and Amendment) Act, 1960.J. 2. In this Act, unless there is anything repugnant in the subject or context,- Definition,. (a) " Animal or Bird " includes the young ones of the animal or bird, as the case may be; (b) "Big Game., means any animal specified in Schedule III or IV ; (c) " Game " means any animal or bird specified in Schedule Jr, !II or IV ; (d) " Game Officer " means any officer, warden or servan '. ~pointed 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 nest ; (f) " Licence" means a licence granted under this Act ; 1 For Statement of Objects and Reasons, see Bombay Governmenl Gazelle, 1951, Part V, pa~ 14. • Sub-section (2) was substituted for the original by Mah. 11 of-1961, s. 3 (a). 1 These words were inserted, ibid., s. 3 (b). • 1st May 1953 (vidt G.N., A. & F.D., No. 5991-J, dated 7th April 1953). ' This portion was substituted for the word "appoint" by Mah. 11 of 1961, s. 3 (b). • 1st day of June 1961 (vide G.N., A. & F.D., No. WLP. !056/12412-E, dated 25th May !961). • This Act was extended to and by virtue of such extension shall be in force in the rest of the State or Maharashtra (vi,J, Mah. JI of 1961, s, 2). 3736 Bombay Wild Animals and Wild Birds [ 1951 : Bom. XXIV Protection Act, 1951 (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 48 ; (k) " Schedule " means a Schedule appended to this Act•; ([) " 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 a vermin under section 18. Domesticated 3. Nothing in this Act shall apply to domesticated or other animals or an~ other d which are lawfully captured and kept in captivity. ammaban birds birds in captivity exempted. Appointment or Wild Life Preserva .. don Officer. Game War• dens and otherOame Officers. Delegation of powers by Wild Life Preservation Officer. CHAPTER II. All1llORITIES TO DB APPOINTED OR CONSTITUTED UNDER. THI! ACT. 4. (I) The State Government may for the purposes of this Act appoint, '((a) the Chief Conservator of Forests, Maharashtra State, as the Wild Life Preservation Officer for the State of Maharashtra ;] (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 State Government 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. S. The Wild Life Preservation Officer may, with the approval of the State Government, by order in writing delegate any of his powers and duties under any of the provisions of this Act to '[any officer of the State Government,] subject to such conditions, if any, as may be specified in the order. · l Clause (a) was substituted for the original by Mah. 1J of 1961, s. 4. · • These word& were subs.tituted for the words "any offiC(lr subordinate to him., by Mah. 3 of 1970, ,. 2. • Mah. Hof 1964. • Replaceme at Seties No. XL VI-p. 17 1951 : Bo .m. XXIV] Bombay Wild Animals and Wild Birds 3737 Protection Act, 1951 6.- 1'[(/) As soon as possible after the coming into force of the Bombay Wild Constituti~n Anm' .als and Wild Birds Protection (Amendment) Act, 1963, the State Government l'.J'r:'.::.:~ shall reconstitute the advisory board hereinafter called " the State Wild Life Board. Ad .visory Board " consisting of the Minister for Forests as ex-officio Chairman, the D eputy Minister for Fprests as ex-officio Vice-Chairman and thirteen members nomi r ,ated by the State Government.] (2) The Wild Life Preservation Officer shall be the Secretary of the Board. (3) The members shall ordinarily hold office on such terms as to tenure and vacation of office as the State Government may determine : Provided that the tenure of office of any member may be terminated by the State Government at any time without assigning any reasons. (4) The members shall be entitled to receive such allowances in respect of expenses properly incurred in the performance of their duties as the State Government may determine : '[Provided that, if a member of the State Legislature is nominated as a member of the Board, he shall not be entitled to receive any r@muneration other than travail• ing allowance, daily allowance or such other allowance which is paid to a member of the Board for the purpose of meeting the personal expenditure incurred in attending the meeting of the Board or in performing any other function as such member.) 7. It shall be the duty of the State Wild Life Advisory Board to advise the Government (]) in the selection of areas to be declared as Game Sanctuaries ; (2) in formulating the policy in granting licences and permits under this and administration of Game Sanctuaries ; (3) in the matter of framing rules under section 48 ; and State Duties or State WIid Lire Advisory Board. Act (4) on any other matter connected with the preservation and protectior of animals and birds which may be referred to it by the State Government. 8. (I) The State Wild Life Advisory Board shall meet at least once a year at Procedure of Bombay or such other place as the State Government may direct. State Wild UfcAd., (2) The procedure (including the quorum) of the Board shall be such as the Board sory Boar<I. may, by bye-laws made in this behalf, determine. CHAPTER III. HUNTING OF ANIMALS AND BIRDS.' A-Licences. 9. No person shall hunt any wild animal or wild bird except under a licence Huntin, or granted under the provisions of this Act and in accordance with the conditions wild animals specified in such licence : and birds without licence pro Provided that no such licence shall be necessary to hunt any vermin. hibitcd, 1 Sub-section (/) was substituted by Mah. 2 of 1964, s. 2(a). 1 The proviso was substituted, ;bid., s. 2 (b), H 4391-3 • Reafatratfon of certain persons in possession or arms. 3738 Bombay WIid Animals and Wild Birds Protection Act, 1951 [1951: Bom. XXIV 10. Any person who holds a licence granted under '[the Arms Act, 1959,J S4 of for the possession of arms for sport or protection or who is exempt from the provisions 19s9 • ofthatAct and possesses any arms, '[and des.ires to obtain any licence (other than a Bird Licence) granted under this Act,] shall register his name and address with the Wild Lifo Preservation Officer or any other Officer authorized by the State Government in this behalf. Such registration shall be made on application made in the prescribed form and on payment of such fee as may be prescribed. Procedure 11, (J) Any person desiring to obtain a game lictnce sl,all apply to the Wild for Ileen"!'· Life Preservation Officer or any other Officer authorized by the State Government in this behalf in the prescribed form. Such application shall be accompanied by Record or pmehun• led to be kept and submitted. 'such fee for the licence as may be presc1ibed. •. (2) The application may be made for any or all of the folJowing kinds of game licences namely : ~ a) Small Gamo Licence, b) Big Game Liconc.e, c) Special Big Game Licence, (d) Pet Animals (Possession) Licence, (e) Pet and otuer Animals (Trapping) Licence, "[(.() Bird Licentt, (g) Block Licence.] (3) On receipt of an application and after making such inquiry as he may deem necessary the Wild Life Preservation Officer or the authorized Officer may, subject to any general or special orders of the State Government, grant or refuse to grant the game licence ttafter recording in writing his reasons therefor.]. When a game licence • refused the foe paid therefor shall be refunded to the applicant. (4) Every game licence granted under this section shall ordinarily be valid for such period '[and in such area] as may be prescribed . •• • * * • • 12. (/) The bolder of every game licence of the kind specified in '{clause (a),] (b), (c) '(, (e) or (g)J of sub-section (2) of section 11, 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 '[ a Big Game Licence, Special Big Game Licence or Block Licence, he shall within three days] of the killing or capture of the game O( before leaving the ••[State of Maharashtra], whichever is earlier, intimate in writing to the Wild Life Preservation Officer or to any other Officer authorised by the State Government in this behalf, the prescribed particular. of 11[the Big Game or Special Big Game] killed or captured by him. 1 These words and figures were substituted for the words and figures " the Indian A:rms Act, 1878," by Mah. l of 1970, s. 3(a). 1 These words ·were inserted, ibid., s. 3(b). • Entries (f) and (g) were added, Ibid., s. 4(a). • These word& were substituted for the words ''without assigning any reasons•• by Mah. 11 of 1961, s. 6 (a). • These words were inserted by Mah. 3 of 1970, s. 4(b). • Sub-scciion (5) was deleted by Mah. 11 of 1961, s. 6(b) . ., This is substituted for the word "clause " ibid .• s, ?(a). 1 These brackets. letters and word were substituted for the word, brackets and 1etten •• or (e)" by· Mah. 3 or 1970, s. S(a). , These words were subStituted for the words .. such licence, he shall not later than fifteen days n 1/J/d., s. S (b)(I), 1• Tiiese words were substituted for the words " Bombay area of the State of Mahatashtra " by Mah. 11 of 1961, i. 7(b). u the9e wordl were aubslituted for the words "the animal or bird" by Mah. 3 of 1970, •· S (b) (II) • • f • Replacement Series No. XL VI-p. 18 1!151: Bom. XXIV) Bombay Wild Animals And Wild Birds Protection Act, 1951 3739 (3) Not later than fiftoon days after the expiry of his liconce, tho holder shall surrender his licence to the Wild Life Preservation Officer or the authorized Officer and shaU sign a declaration in the prescribod form certifying the accuracy of the record of the gamo killed or captured by him. 13. Notwithstanding anything contained in this Act, it shall be lawful for the Issue of · Wild Life Preservation Officer, 1[ or any other offioer authorised by the State lice'!cc for Government in this behalf,] 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 tho following purposes, namely : (i) Scientific resoarch ; (ii) Collection of specimens for zoological gardellll, museums and similar institutions ; and · (iii) Killing of ,ruch animals and birds as are a source of serious mcnaco to human life or property. •[Subject to any general or special orders of the State Govorilrnent, it shall also be lawful for the Wild Life Presorvation Officer or the authorised officer to grant at his discretion a reward to any person for killing of any animals or birds as aro a source of serious menace to human life or property. I 14, (J) The Wild Life Preservation Officer or any other Officer authorized by Suspension the State Government in this behalf may, subject to any general or special orders f;r ~1'f'lla of the State Government, without giving any previous notice "[but after recording li~en~. in writing his reasons therefor], suspend or cancel any licence granted under this Chapter. '[(2) No holder of a lioonce shall be entitled to any compensation for the sus pension or cancellation of the licence, nor to a refund of any fee paid in rospoct thereof.) "[14A. (J) An appeal from an order refusing to grant a licence undor sub- Appeals. section (3) of section 11, or an order suspending or cancelling a licence undor sub section (J) of section 14, shall lie- . (a) if the order is made by the officer authorised under sub-section (J) of section 11 or of section 14, to the Wild Life Piesorvation Officer ; and (b) if the order is made by the Wild Life Preservation Officer, to the State Government. (2) In the case of an order passed in appeal by the Wild Lifa Preservation . Offioor under sub-section (]), a second appeal shall lie to the State Government. (3) Subject as aforesaid, every order passed in appeal under this soction shall be final. (4) No appeal shall be entertained, unless it is filed within fifteen days from the data or the communication of the order appealed against ; Provided that, the appellate authority may admit any appeal after the expiry or the period aforesaid, if the appellant satisfies that authority that he had sufficient cause for not preferring the appeal within time.] 1 These words were inserted by -Mah. 3 of 1970, s. 6 (a). 1 This was added, Ibid., s. 6(b), • These words were substituted for the words O and without assjgnill(C &ny rcasonit .. by M!lb. 11 of 1961, s. 8 (a). • Sub-section (2) was added Mah. 3 of I 970, s. 7. • Section 14A w.ts inserted, by Mah. 11 of 1961, s. 9. IM. C. Ill)- 103 Hunting of younB and female with youn1 pro hibited. Close time. Unlawful methods of · hunting. Dedamtion of cert•in animals and birds as vermins. 3740 Bombay Wild Animals and Wild Birds · Protection Act, 195J" B.-General. [1951 : Born. XXIV ts. (]) Except when authorized under a specified condition to that effect in a licen.:e, no person shall hunt the young of any game or any female game accom panied by its young or any deer with horns in velvet : '{Provided that, in any area under cultivation the hunting of any specified class of herbivorous female game which is, a menace to such cultivation may be permitted under a special permission granted by. tlie Wild life Presorvation Officer or any other officer authorised by the State Government in this behalf.] (2) Nothing contained in sub-section ( I) shall apply to the hunting of a vermin. 16. 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 the '(State of Maharashtra], for any kind of wild animal or bird or for female or immature wild animal or bird of such kind. · .17. (J) "[Subject to. the provisions of sub-section (10), no person] shall hunt a11y pme 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 sub-section (JO), no person] shall use a motor car, motor launch or air-craft, for the purpose of killing, driving or stampeding game. (J) 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 (l) of section 11. (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 4*kill. (6) No person shall hunt any game during the hours of night, i.e., one hour after sun-set and one hour before sun-rise except in the case of earnivora, 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 sand-grouse 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 ol such land. (9) No person shall, notwiths1anding that he holds a game licence for the purpose, hunt any game animal during the close time. · '1.(10) Nothing i11 this section shall apply to shooting duck with the use of an .•. out-board motor.] 18. lhe State Government may, by notification in the Official Gazette, declare any wild·animal or wild bird other than those specified in Schedule I, to l,e a vermin in any specified area, and it shall not be necessary to hold a licence to nun! any such animal or bird in such area. Application "(18A. The provisions of sections 36 and 37 shall apply in relation to game ~=,~~•to as t h ey a p p ly in r el a ti o n t o a t r o ph y . J pme. • This proviso was added by Mah. 3 of 1970, s, 8. · . 1 These words were substituted for the words .. Bombay area of the State of Maharashtra ••, by. Bom. 11 of 1961, s. 10. • These words were substituted for the words .. No person .. Ibid., s. 11 (a) .. 4 The word .. natural" was deleted, ibid., &. 11 (b). • Sub-Seetion (10) was added, ibid., s. II (c). • Section I 8A was inserted, ibid.. •• 12. Roplacement Series No. XXVI-p. 87 1951 : Bom. XXIV] Bombay Wild Animals and Wild Birds PrOIRdion Act, 1961 CIIA.PTER IV. GAME SANCTUARIES. 3741 19. The 8tate Government may, by notification in the Official (Ja:zeete, declare Powe, to any area to be a Gaine Sanctuary, in the manner hereafter appearing. = \:" Gallle&woo -.,.. 20. Whenever it has been decided to declare any area to be a Game Sanctuary, Notifi.~ the StatA Government shall il;sue a notification in the Offici,al Gauue, - == 011 . of Gama (1) stating that it has been decided to declare such area to be a Game llanotuary. Sanctuary; (2) specifying as nearly a.a possible the situation and limits of such area, and (3) directing the Collector to inquire into and determine the existenr.e, 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 wlt.h the same as provided in this Act, . Ezplanaeion.-For the purpose of this section, it shall be sufficient to describe the area by roads, rivers, ridl;ea or other well-known or readily intelligible boundaries. 21. After the issue of a notification under section 20, no right sb;J he Barof.,orua: acquired in or over tha land comprised in such notiilcation,except by succession. r! 1 :;~ right< li))mprised in Game&n0 tuary. 22. When a notificati911 has been i~suod under section 20 the Collector Procl•m•tio• shall publish in th• regional language iu e·,ery town and village in' the neighbour- b:, Collector. hood of the area. comprised therein, a l'rc-clama.tion (a) specifying, as nearly as possible, the e'tuation and the limits of the proposed Game Sanctuary , (b) fixing a period of not les• tlj.an two ,,ionths from the date of such proclama tion, and requiring any person claiming any right mentioned in section 20 or section 2t within such period either tt, p,esent 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. 23. The Collector shall take down in writing all statements made under section 22 Inquiry by and shall at some convenient place inquire into all claim., duly referred under Collector. that section and the existence of any right.s mentioned in sect.ion 20 or 21 anc. not claimed under section 22 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquiainted with the same. 24. Rights in respect of which no claim has been preferred ui:der section 22 £::::, and of the existence of which no knowledge has been acquired by inquiry undor " aeetion 23, •boll be extinguished. Power to '1oquire lo.nd over whloh right !s cla.imed J,oguiaition l7ocoedmg~. 3742 Bombay Wild Animals and Wild Birds [1951 ; Bom. XXIV Protection Act, 1951 ll5. 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 propose<l Game Sanctuary, or (b) com9 to an agreement with the owener thereof for the surrender of his rights, or (c) proceed to acquire such land in the manner provided by the Land Acquisi-}~ tion Act, 18114. :116. For the,purPoSe of acqu.i,ing such land,- 'fJ'· (J) the Collector shall be deemed t.o be a Collector proceeding under the Land I::,, Acquisition Act, 1894 ; 1 (2) the claimant sba!l 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 witl1 ; (4) the ColJectpr with the consent of the claimant, or the Court, with the consent of bot,h the parties, may award compensation in land or partly in land anq part.ly in money ; and (6) in the case of the stoppage of II public way or a common pasture, the <Jollect<;>r may, with the previous sanction of the State Government, provide for a substitute public way or common, pasture, as far as may be practicable or convenient. Pc.we, ,,r :27. The State Government may,by general or special order,direct that the powers C,:,ikot<>r exercisab!r. or. the functions to be performed by the Collector under scctiolll! 20 to to "". 26 (both inclusive) may be exorcised and performed by such officer as may be specified e:r.1Jrmsed,by . -h d oihi1r t,ffioors. Ill t. o or er Rc,nf,rfotion. on ontry iDG.<1,mo Oo.nc:t,t11.1.ry .. Perm.it to tinter.or ro,. side in a GameS&Do tuary. ll8. No person, other than, (a) any public servant on duty; (b) any person who ordinarily resides within the limits of a sanctuary ; (c) any person who has any rights over immovable property w:itbm the limita of a rnnctuary ; (d) any person passing through a sanctuary along a public highway; (e) the dependente and servants of the above persons; shall enter or reside in a Game Sanctuary, except under a permit and in accordance with the conditions of the permit granted under section 29. ll9. (J) The Wild Life Preservatiop. Officer :rilay issne to any person on application ,. permit to enter or reside in a Game Sanctuary for any of the following purposes, namely: (a) Investigation or study of wild life and purp oses incidental thereto ; · (b) Photography; ( c) Scientific research ; (d) To transact lawful business with any person residing in the sanctuary. (2) A permit to enter or reside in the sanctuary shall be issued, subject to such · conditions as the Wild Life Preservation Officer may deem fit to impose or as may be prescribed and such conditions shall be endorsed on the permit. • Replace111enl Series No. XXVI-p. 88 196J. : Bom. XXIV] Bombay Wild Animals and Wild Birda Protection Act, 1951 3743 30. (J) No person shall-hunt any animal or bird in a Game Sanctuary,provicled Huntfngh that the Wild Lifo Preacrvation Officer may in any .special case where he is satisfied Gamo ;,,no. that it is necessary that animals or birds should be hunted for the better preserva- tuary wi:.licu, tion of other animal life, or for other good and sufficient resons, issue a permit J:r:'.:,?'"· autnorising any person, to hunt such unimals or birds under the diretion of an officer authorised by him. (2) A permit ifJllUed under sub-section (J) shall specify the number and kind of anjmal or bird thnt may be hunted by the holder of such permit . 31. (1) The Wild Life Preservation Officer may, for good and 81.tllioient reaMn, Befus•' ,, Yefulle to il!SUe any permit or may cancel any permit granted under this Chapter. oaneell~hlon (2) .A.i\r person aggrieved by the refusal or cancellation of a permit c.mder or permit, wb-seotion (1) may within fifteen days appeal to the State Government, whose decision shall be final. 32. No person shall set fire to a Game Sanctuary or kindle or leave any fire Oauolng nre burning in snch manner as to endanger such sanctuary. J>Nhlhilod. CHAPTER V. TROPHIES AND PET NmlALB AND BIRDS. 33. No person shall carry on the business of a trophy dealer or dealer in pet.a, Dealings Jn except under and in accordance with the trophy dealer's licen,ce or pets dealer's trophy •nd. li ··d d th . . f thi Ch pet• w1thoo, . cenoe granw un, er e prov1s1on,s o s apter. 1;00;,,0 proLi, bited. 34. A trophy dealer's or pet and other animal dealer's licence may be issued by Trophy and the Wild Life Preservation Officer or by any other Officer authorised by the Stater•• de;al"'" Government in this behalf on application and payment of such fees as may be pre• ,cone~'" aeribed, and shall entitle the holder to carry 01, the business of r. t wphy dealer or dealer in pets upon the premises and conditions specified in the licence. Every such licen,ce shall be valid for one year from the date of issue , unless duly suspen,ded -or cancelled before that period. 35. A trophy dealer or dealer in pets shall keep such records and submit such Record., ond returns of his dealings to the Wild Life Preservation Officer as may be prescribed. :;::~;o ho trophy snd pets dealera. 36. The Wild Life Preservation Qflicer may for the purposes of section 37 issue Certw••)• of a certificate of ownership to any person who in his opinion is in lawful possession of ownc,ahip. atrophy. 37. No person shall export or tra11sfer by gift, sale or otherwise, to any person Export""" any trophy unless he is in possessio1~ of a certificate of ownership t,hcrcfor and. such ~ti~!!;~ia. certificnte shall be delivered or sent by post to the t.ran,.sferee at the timo of export ted, or transfer. Exp!antion.-For the purposes of this sectiou, " export " means to take out of the 1[State of Maharashtra] otherwise than across a customs frontier. 1 Thea& words were subatituted for the words·" Bombay a.rea of the State of Maharashtrll ' 1 by llah, 11 or 1001, e. 13. 3744 Brmway W•"ld An,Jm,als and Wild Birds [1951 : Bom. XXIV Protedi<m Act, 1951 ~~• 38. Any game foUnd dead or killed without a licence in. defonoo of lifo or property v,-- or by mistake or an.y game or trophy in respect of which a breach of the provisious of this Act has been committed, shall be a Government trophy and the property of the State Governmen.t. l[Ezplanation.-In this seotion, "game " includes the female an.d the young of any animal or bird specified in Schedule II, III or IV.] Possession of 39. Any person who by any mean.s obtains possession. of a Government trophy :V;":": shall within 48 hours make a report thereof to te nearest Game, Police or Fores~ • mpok Officer an.d shall, i£ so required, hand over the trophy to him. Unlawful 40. (1) No person shall v.ithout the permission of any of the Officers referred poeseseion to in section 39 keep in his possession any Government trophy or without the ::-1 ~:!89 permission of the Wild Life Preservation Officer or any other Officer authorized by 111011Uropl,;ee the State Govemment in this behalf transfer, by gift, sale or otheriwae, any Government trophy to any person. (2) In any prosecution for contravontion of the provisions of sub-section (1), it shall, until the contrary fo 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 unlnwful possession thereof. l'roduotlon of 41. Every perBOil who killa an elephant or a bisoil shall produce its ivory or 1-.ory or ~om horn before the Wild Life Preservation Officer or any ether Officer authorized by t:"0;,= the State Governmon.t in this behalf within. ono month of the killing thereof, or ,.;.,.. 0llioor within such further time "-" roay J,e allowed by him in any · special case, together with the gamo liCOI.\Co undllt whfoh it v;as killed. Reptratlon 42. Th'! ofticer to whom the ivory or horn is produced under the .proviaioilS 9f :r1vgry ,r sectio11 41, if liatisfted, after BUOh inquiry as ha may consider u.ecessary, that the 1J'!'i:i'oot1on ivory or horn hAs beeil lawfully obtained, l!hall cause it to bo weighed, marked and marks. registered i11 the preiecribed manner and shall return it to tho person producing it together with a certificate of ownership i11 the prescribed form. No ivory 01 homto be transferred without a oertifi.cate of ownenhip. 43. No person shall in any man.her transfer any such ivory or horn without the certificate of ownership obta.ined from the Wild Life Preservatiol\ Officer or the authorized Officer, as tho c...ao may be. CRA.PTER VI. PBEVEN"XIOli AND DETECTIOli Oli' O>'li'EliCES .um PEwALTIES. Power of 44. (1) The Wild Life F,eservation Officer or any other Game Officer empowered BDtry. searoJ,, by him or any Forest or· Police Officer may, if he has re'!§.Onable grounde for =J:.~ 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 b.is p088eBSion or any licence, permit or other document issued to him or required to be kept by him under the provisions of this A.et ; 1 TJdl BxplMMl,'iion wu ~ b7 JPh. 11 o! 19&1, •· 1'. • • Replacement Series No. XLVI-p. 19 1951 : Born. XXIV] Bombay Wild Animals a11d Wild Birds 3745 Protection Act, 1951 (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 (he property of the State. Government '[together with aoy vehicle, weapon, trap or tools used for committing any such offence], and unless he is satisfied that such person will appear and aniwer any charge which may be preferred against him, without warrant arrest anfl detain him. '{(IA) Any officer, of a rank not inferior to that of an Assistant Game Warden, Power to who, or whose. subordinate, has seized any vehicle, weapon, trap or tools, under relea~ clause (c) of sub-section (1), may release the same on the execution by the owner prope y. thereof of a bond for the production of the propeity so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizun- has b:en made.] (2) It shall be lawful for any of the Officers referred to in sub-section (1) 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 of 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. (3) Any person detained, or things seized under the foregoing powers, shall forthwith be taken before a Magistrate to be dealt with according to law. (4) 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. 45. (/) Any person who contravenes any of the provisions of this Act or of Penalties. any rules made thereunder or who commits a breach of any of the conditions of any lieence 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 ap 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 State Government, and that any licence or permit held by such person under the provisions of this Act, be cancelled. (3) Such cancellation onicence or permit shall be in addition to any other punishment awarded for such offence. "{ 45A. Any person exercising powers under this Act who vexatiously and Punishmenl unnecessarily sei,.,,s the property of any person on the pretence of seizing it for wrongf, for the reasons mentioned in section 44 shall, on coviction, be punished with seizure. imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.] 1 These words were inserted by Mah. 11 of 1%1, s, 15 (i). 1 Sub-section (1 A) was inserted, ibid., s. 15 (ii). • Section 45A was inserted, ibid., s. 16. When Court to take cos .. imam:,, of oll"oncc. 3746 Bombay Wild Animals a11d ·wild Birds Protection Act, 1951 [19St : Bom. XXIV 'I 45B. (J) The S111!e Government may, by notification in the Official Gazette empower the Wild Lifo Preservation 9fficcr, or any officer not below the rank of Consorvator of Forosts,- . .. (a) to accept from any person against wh,:,m a reasonablo suspicion exists that he baa committed an offence under tJ:,Js Act, by way of composition of the offence, payment of a sum of money, not exceeding one thousand rupees if the ~ is in respe,..'t of a special big gamo and not exceeding five hundred rupees tn the ca.."O ot any other offence, or at th.o cliscretion of such officer an under taking in writing from such porson to pay like sum within a specified period ; (b) when any property has been .seired under section 44, to release the same on payment of the value thereof as estimated by such offioer, or at the discretion of such officer on accapting an undertaking in writing from the person concarnod to pay tho estimated value within a specifiod period. (2) On payment of such sum of money or such value or both to such officer, or on accoptarux, of such undertaking or undertakings by such officer, as the case may be, the suspected person, if in custody, shall be discharged, the property, if any seizod shall be roleascd, and no further procoodiniwin respect of tho olfance. shali b• taken against such person: Provided that, any sum payabla under any such undertaking, if not paid when due, shall bet recover&bfo as an arrear of l&nd rav<1nua. J 4Ci. No C!)Urt shall talce cognii:ance of any offence against this Act, (J) except on the complabt or rGport of the Wild Lifo Preservation Offic<rr or any Officer authorised by him or of any Forest or Police Officer or of any other Officer authorized by tli.e State Government in this behalf ; and (2) unless the prosecution i& instituted within three months from the dato on which the offence is alleged to have been· committed. OPeratlon of 47. Nothing in this Act shall be deemed to pravent any person from being 0~~ proseonted under any other law for any act or omission which oonstitutes an Du • 0 trenco under this Act or from being liablo under such other law to any highor punishment or penalty than that provided by this Act : Po""'to Olflkc rules. Provided that no person shall be punished twice for the same otrance. CHAPTER VII. MISCELLANEoUS. 48. l[(J) The Stato Government may, by notification in the Official Gazette. mako rules for carrying out the purposes of this Act. J (2) In partioular and without prejudice to the generality of tha foregoing powor 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, daclaration, certificate, raturn or other documents, granted, issued, made or sub mitted undar the provisions of this Act and the fees, if any, \herafor ; (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 licencce ; . . (d) controlling sottloments in game sanctuaries with a vie'f,to preventing dis turbance to the natural fauna ; (e) regulating the sale of pot and other animals· and trophy derived from the wild animals and birds ; · • Section 45B was substituted by Mah. 3 of 1.970, s. 9. • SulHectlon (I) was substituted for tho orlsinal by Mah, II of 1961, s. 17 (c). • • • • XLV of 1860. Replacement Series No. XXVl,-p. 90 1951 : Bom. XXIV] Bomba,y WiU Animds and Wild Birds Protecticm, Act, 19,5 ! (f) manner of registration of ivory or horn of elephru,t or bfaon brought for such registration; (g) any oth~r matter for which in the opinion of the State Government provision is expedient or necessary to carry out the object of this Act. (3) The power to make rules under this section shall he exercised subject to the condition of previous publication. 1((4) All rules made under this section shall be laid before each House of the State Legi•lature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following and publish in the Qffioial Gazeite.] 49. For the purpose of preserving or profocting the rare species of wild &nimals Powe, 6o and wild birds, protecting such animals and birds during the breeding season and a.U:.:fu1ea for any similar purpose, the State Government may, by notification in the Official • Gazelle, add to or alter anv of the Schedules and any such !Lddition or alteration shall have effect as if it had°been made by this Act. 50. Subject to the provisions of sections 38 to 40 (both inclusive), nothing in ~enoo of this Aco shall prohibit,-- ~~ pro. (1) the killing or capturing of any wild animal or wild bir<l, by the occupier of any land i11 defence of the standi,,,g crop or cattle on the land: (2) the killing or caputring in good faith of any wild animal or wild bird in defenoo of himself or of any other person : Provided that nothing in this section shall exone.rate any person who, when such defence became nL-cMsary, was hunting a.ny game or committing any contravention of this Act. 51. All Game Officers and ot hcr Officers exercising any of the powers conferred Gamea by this Act shal! be deemed to he p11blic se; ,,a11ts within the meaning of section 21 ;!\.~;," to lie of the Indian Penal Code. ,on,ant,,. 52. No suit, prosecuticn or ot'.er !~gal proceedings shall lie against any person Protection to for anything which is i1\ good, faith done or int,euded to he done under tli.is Act. ;~~ faith. 53. The State Government may, by notification in the Ojfw,'.a! Gazette, exempt Power to any person by name or in virtue of his office or any class of persons from all or any ezel!lpt. of the provisions of tl,i• Act. 2[53A. The State Government ma)(, by notification in the Offi,:;ial Gazette, add Power d to, omit or alter any entry in Schedule I, II, III or IV, subject to such conditions ::.::l:l'.,. , (if any) aa may be specified in such notification ; and on the issue of such noti fication sucl1 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.] • Sub-oection (I} wu 111betitutod for tho origii,11, by Xab, 11 of !961, i. 17(6), , I ...... ff,4 ,r11 lmoztld, IHd,, I, )I, , , (M.C.lll}-104 .-; Repeat Further repeals and savings. 3746B Bombay Wild Animals and Wild Birds Prorection Act, 1 ,9,51 [1951 : Born. XXIV *54. The Wild Birds and Animals Protection Act; 19i2; in its application to VIII the '[pre-Reorganisation State of Bombay,] is hereby repeale-:l: 1~ 12 . Provided that any licence granted under the said Act and in force on the ii.ate of commencement of this Act shall continue to he in force and be deemed to have been granted under section 13 of this Act.. '[55. On the commencement of the Bombay Wilu imals and Wild LirdsM.ili. Protection (Extension and Amendment) Act, 1960, the following laws, that is fs~i': to~- • (a) the Central Provinces and Berar Game Act, 1935. C.P. and • Berar XV of 1935. (b) the Wild Birds and Animals Protection Act, 1.912, in its to the Vidarbha area of the State of Maharashtra and a.plJlic~tion Vlll · of (o) the Game Regulations 1354 Fasli, shall stand repealed : Provided that, such repeal shall i\Ot~ (i) aft'ect the previous operation of any law so repealed, or anything duly done or suffered thereunder ; (ii) affect any right, privilege, obligation or liabilit-y acquired, accrued or incurred under any law so repealed ; (iii) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or 1912. (iv) affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture · or punishment as aforesaid ; and any BUch investigation, legal proceedings or remedy may be instituted continued or enforced, and any such penalty, forfeiture and punishment may be imposed, as if the aforesaid Jaws had r0t been repealed : Provided fu:tther that, subject to the preceding proviso, ar.ything done or action ta.ken (including any notifications, orders, certificates, notice• or receipts issued, applications made, permissions or licences granted, suspension or revocation of licences effected, and exemptions given) under any such law shall, in so fat' as it is not. inconsistent with the provisions of this Act, be deemed to have done or taken under the corresponding provisions of this Act,. and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.] • Section 5' ehaJI Mt.and unmodified (vide MBh. Adap. of Laws Order, 1960). J. These words were substituted for the words " State of Bombay" by the Bombay Adaptation of Laws (Sta.te and Current Subjects) O.rder, ~9156. •Section 55 was inserted by Mah. 11 of 1961, ·•· 19. • • Replacement Series No, XL VI-p. 20 1951 : Bum. XXIV] Bombay Wild Animals and Wild Birds Protection Act, 1951 I. Mongoose. 2. Civet Cat. '[SCHEDULE I. [See sections 2 (n) and 53A.J (VERMIN). 3. Wild cat (excluding 'tiger, lion, panther and cheetah). 4. Wild dog. 5. Rodents (except bare, giant squirrel and flying sauirrel). 6. Jackal. 7. Monkey . 8. Bat. 9. Crow • •• • .. • • SCHEDULE II. [See section 2 (c) and (/) and section 53A.] (SMALL GAME). I. Spot-bill duck. 2. Nukta. 3. Whistling teal (large and small). 4. Cotton teal. . 3746C 5. Duck, goose and swan {all kinds other than these mentioned above and pi,1k-headed duck). . . 6. Water birds (excluding 9lorks, egrets and herons). 7. Crane (excluding sarus). 8. Bustard 3((including Great Indian Bustard).] 9. Sand-grouse (all species). 10. Spur fowl. • · JI. Jungle fowl. ~* * * 13. Partridge (grey and painted). 14. Quail (all species). 15. Pigeon and dove (aU species), ~ * * * ,, * 17. Hare (all species). 18. Hyaena. 19. Wolf. 20. Wild pig. 2;. Chinkara (male only). 2I. Barking deer. '[23. Parakeet. 24. Birds of prey.] 1 Schedules I to IV were substituted for the original by Mah. iI of 1961, s. 20. 1 Entries 10 a.nd 11 were deleted by Mah. 3 of 1970, s. 10. • These brackets and words were substituted for the brackets and words " (excluding Great Indian Bustard)" ibid., s. l l(a). • Entry 12 was deleted, ibia., s. 1 l(b). i Entry 16 was deleted, Ibid., s. 1 l(c). • Entries 23 and 24 wer'- added, ibid.~ s. I l(d). • 3746D I. Ni/gai. Bombay IVild Animdb and Wild Birds Protection Act, 1951 SCHEDULE ITT. [See section 2 (b) and (c) and section 53A.] (BIG GAME). [19Sl Bom. XXIV 2. Black-buck (male only with horns over 1[30 centimetres].) 3. Four-horned antelope. 4. Sambar (male only with hard horns over 2[75 centimetres].) 5. Chee ta/ (male only with hard horns over 3(50 centimetres].) 6. Panther. 7. Tiger. 8. Sloth bear. 9. Crocodile. SCHEDULE IV. [See section 2 (b) and (c) and section 53A.] (SPECIAL BIG GAME). l. Bison : Male only, if horn measurements reach at least one of the following limits: (a) a sp·an of '[83 centimetres] between the outer edges of the horns at their widest spread; (b) a girth of'[45 centimetres] at the base of the horns. 2. Elephant. 3. Wild buffalo.] 1 ,These figures and word were substituted for the figures and word " 12 inches" by Mah. 3 Of 1970. s. 12 (a). . ~ These figures and word WCrc .substituted for the figures and word •· 30 inches " ibid., s. 12 (b). 1 8 These figures and word were substituted for the figures and word " 20 inches .. ibid., s. 12 (c). ~ These figures and word were substituted for the figures and word ... 33°incbes.~' ·;b~. 1 s. 13. b These figures and word were substituted for the ligures and-wo1d· ." 18 inches,. ibta., s. 13 . •