Gujarat Wild Animals and Wild Birds Protection Act, 1963 (No. 32 of 1963)

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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 Gujarat Wild Animals and Wild Birds Protection Act, 1963 Act 32 of 1963 Keyword(s): Animal and Bird, Big Game, Game, Game officer, Hunt, Meat, Schedule, Small Game, Trophy, Vermin Amendment appended: 15 of 2004 ' ' ,., I Sxtra No. 33 REGISTERED No, G-4411 ,,,,, .I ~be 6ujarat 60\.lrrnmrnt 6a1ette ,, · EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. IV] THURSDAY. JUNE 6 1963/JYAISTHA 16, 18815 Separate paalna: •~ aben to this Part In order lhat It may he filed u a separate compUatlon <\cts of the PART IV Gujarat Legislature and Ordinances promu]gated and Regulatiotl/i made by the Governor. f' ,,, ·';f· 1·1;1¥, f9,Qwy~g Act of the Gujarat Legislature, having been assented to by the ~#/ .. :\.~ .... : .. ~.,.:d ~.'.'. o~ the 30th May 1963, ;, hernb,: pubHsh:::::·:::~:::.tion. Secretary to Government, i • > "! ,Jlt>.;:J ,!) ,. -~ :~:· ! ·:'" GUJARAT ACT No. XXXII of~=] ;rtment. · [First publish~t ~.(te,i: having received the assent ?f the 'Pres'.ident in the "Gujarat Government Gazette" on the 6th June 1963. ]. An. A.fa ·to iliake ·adequate provisions for the protection of wild animals ' It is hereby follows:- · . '. and birds Ji:i the State of Gujarat. enacted in the '6urteenth Year of the Republic of Ind!a as CHAPTER I. PRBLIMINARY • 1. · (/) This Act may be Protkliiiil Act, 1963. called the Gujarat Wild Animals and Wild Birds Bhoruitle, 6xtentand (2) It extep.dS to the whole of the State of Gujarat. ' (3) It shall come into force on such date as the State Government may. by notification in the Official Gazette, appoint ,,. rv •• zt.r .. se (Lino) oomm6nce meDt. / Definitiona." 127 Z. In (a) be; GUJ, GOVT. GAZ., EX, JUNE 6, 1963/JY AISTHA 16, 1~85 [P.U-'l' IV this Act, unless the context otherwise require s- ~ 'Animal and Bird' ·net d th 1 u e e young animals or birds, as the case may (b) 'Big Game' means any .animal specified in Schedule m or IV· .. (c) 'Game' means any animal or bird specifie d in Schedule II, .m or IV; (d} ,'Game Officer' means any Officer, warden or servant ·appointed or authorised for any of the purposes of this Ac t ; (e). 'bunt' means to hunt. kill or capture any anim al or bird by any method and' mc~udes 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 ; (g) 'meat' includes fat, blood, flesh and bone s; (h) 'permit' means a permit granted under th is Act; (f) 'prescribed' means prescribed by rules : (]) 'rules' means rules made under section 4 9 ; (k) 'Schedule' means a Schedule appended t o this Act ; (l) 'Small Game' means any animal or bird specified in SChedule H ; (m) 'trophy' means -the durable part of an an imal 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 m anufactured from any such part of the animal or bird as aforesaid ; .(n) '-vemiin' ID6allS any animal or bird speci fied in Sch~ule I and includes any animal or bird declared to be vermin under section 19. 3) !Nothing in this Act shall apply to -dem esticated. or !:f 0 e:~~~ated birds which are lawfully- captured an d kept -in eaptivity. other ,animals or aninrnla and hirdsi11 oaptivity exllmpted. Appoint• ment of Wild Life Pr oeerve. tion Officer. Game War• denae.nd thf, game tlioara, • AUTHORITIES TO BB APPOIN'rBD 'OR C ONSTITUTED UNDBlt , THE ACl. 4. (J) The State Government may for the pu rposes of this Act -appoint. (a) the Wild Life P..reservation Officer for th e State of Gujarat ; (b) Game Wardens either honorary ·or stip,nd ary·; (c) such other officers and servants as may be necessary. !. ' I ,, <1. , ,, BAM IV-] GUJ". GOVT. GAZ., E:X., JUNE 6, 1963/JYAI.STHA 16, 1885 128 (2) The honorary Game Warden shall ordinarily hold office for a period of three y:ears : Prowded·.:that-,the,iStttte ·Government may tenninate his-tenure of office at any time without assigning any reason. (3) The Game Wardens and other officers and -~<trvants appo inted under ~i11. 1ection shall be subordinate to the Wild Life Preservation Officer. 5. The Wild Life Preservation Officer may, with the apl)roVaI of the StateDolcgation ofpowou Government, by order in writing dolcg;ate . any- of his powers and duties under by W,ld L,f~ any, of the provisions of this Act to any officer subordi nate to him, subject to ~~~Qffi~~r. such conditions, if any, as maY ·be specified in tlie 0rdei-. 6. (1) As soon as possible after the coming into force of this Act, the State Constitution Govemment.-,~haU: constitute· an advisory board':hereinafter called "the State Wild \{,~1al':ra Lift!!: -Ad.visoey. Boar.d" con&isting, ot the fdllowing ex-officio and other membcrsiAdvioory , I Boo.rd, nommated by the State Government, name y : - · · (a) The Minister-intcharge of Forests,- Government of Gujarat as the Chair man; .(b) Two-.repreiientaHves of the Gujarat Legislative- Assembly; (0)· Fiv.e non-officials who in the opinion of the State Government -are int*8kl-d- -in· ·the protection. of -wild animals and birds; .(d)' :One represelitatiYe of the Gujarat Natural Histocy Society; (e) Four officials of Government. (2). The Wild Lile Preservation. Officer shall be the Secretary of the BQard. (:fy'·''Ibe'·meJD:benr'Shall··ordinarily 'hotd"offiee on such terms as to tenure and vacation of office a'S the· ·State Government may detenriine : Pmv.ult:ddhat· the .tenure of office of any member may ·be, terminatedl by othe Government at any time. without assigning any reasons. (4) The members shall be ·entitled to receive such alloW"ances ln iespect" ,)f ex penses properly incurred in the performance of their duties 'as ,tba ;State Govern ment may determine : · · Provided that the receipt of such allowances ·by the representatives oi the Gujarat Legislative Assembly shall not ·be: deemed to -make theDl·holders of an office of profit under the State Go,vernment. · .'J; Jt shall··t,e :the duty. of the State Wlld1 Idfe Advisory Boll.rd to advise the Duties of Stam Oo¥emmcil.,. , 8tateWild LifeAdVi• (I), in ,the selection of areas to be de.dared as game sanctuaries; ~ory Board· (2).' iniifmrmulatmg thlf policy in, granting licences and permits under this Ad and administration of Game Sanctuaries ; Prooedure of St.ate Wild LifeAdvi· sory Board. Hunting of wild animals and birda without liOBnce pro hibited. Regietration of certain peraonsin poe.eeeaion ofarma. Prooedure forllcenoo. 129 GUJ. GOVT. GAZ,, EX., JUNE 6, 1963/JYAISTHA 16, 1885 [PAB.T ~V (3) in the matter of framing rules under section 49; and (4) on any other matter connected with thC preservation and protection of ' animals and birds Which may be- referred to it by the State Govemtnent; 8. U) The State Wild Life Advisory Board shall meet at least twice a year at such place as the State Government may direct. (2) The procedure (including the quorum) of the Board shall be such as tho Board may, by by-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 excepf under a licence granted under the provisions of this Act and in accordance with tbe conditions specified in such licence : Provided that no such licence shaU be necessary to hunt-·vermiD. 10. Any person who holds a licence granted under the Arms Act, 1959, for 64 1 the possession of arms for sport or protection or who is exempt from the pro- 19:9. visions of that Act and possesses any arms, shall register his name and address with the Wild Life 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 i,resCTibed. 11. (1) Any person desiring to obtain a game licence shall apply to the Wild Life Preservation Officer or any other officer authorised by the State Gov ernment in this behalf in the 'prescribed form. Such application shall be ac companied by such fee for the liCMce as may be pre.scribed. (2) The application may be made for any or all of the following kinds of game licences, namely : (a) Small Game Licence, tb) 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 lie may deem necessary the Wild Life Preservation Officer or the authorized officer may, subject to any geqeral or special orders of the State. Goverm,nen~., gr~ nt 9r re fuse to grant the game licence without assigning any reaSons. When a ·game licence is refused the fee paid therefor shall be refunded to the applioint; · , ,.,; P.lll.'I' IVJ GUJ, GOVT. GAZ., EX., JUNE 6, 1863/JYAIS'IHA 16, 1886 130 (4) Bv~ry game licence granted under this section shall ordinarily be valid · ror sUch period as may be prucribed. 12. (J) 1Jie holder of every game licence of the kind specified in clause (a), Record or (b).·(c) or (e) or sub-section (2) of section 11, shall keep a record containing such !~1:t:nt· particulars as may be prescribed of all game killed or captured by him during kept ~nd th I h • I' submitted . . e. ·CW'J'CPcy o ts 1cence. . (2) When any game is killed or captured by the holder of such licence, be shall not later than fifteen days of the killing or capture of the game or before leaving the State whichever is earlier. intimate in writing to the Wild Life Pre· scrvation Officer or to any other officer authorized by the Stale Government in this behalf the prescribed particulars of the animal or bird killed or captured ~y him. (3) Not later th&n '.fifteen days after the expiry of his licence, the holdCr ~~ surrende r his li~nce to the .Wild Life Preservation Officer or the authorized officer and sha11 sign a dCClaration in the prescribed form certifying the ·accuracy or the reoord of the game killed or captured by him. 13. Notwithstanding anything contained in this Act, it shall be lawful for Iuue of the Wild Life Preservation Officer, upon such conditions as he may deem fit to liee~e0 1 '°' . li "th "b ff h"hspce1B IDlposc, to grant a cence to any person WI or Wit out payment o ee, w 1c purposes, shaU entitlo th e bolder to hunt animals and birds specified therein for any of the following purposes, namely : 'U (i) scientific research; (ii) collection of specimens for zoological gardens, museums and similar institutions; and (iii) killing of , such animals u .. to ,hwp&n life or property . . .. I . . . and birds as are a source of serious mel)ace 14. The Wild Life Preservation Officer or any other officer authorized by the Suepension State Government in this behalf may, subject to any general or special orders 0 rcafeena. of th~ State Government, without giving any previous notice but for reasons to ii~~~e. be recorded by him suspend or cancel any licence granted under this Chapter. IS.- (J) An appeal from ah order refusing to grant a licence under sub-sec,. Appeals. lion (.1; ·or section 11, or an order suspending or cancelling a licence under sec tion 14, shaJl"lie, (a) if the order is made by the officer authorised under sub-sCction 1 (I) of section:·U ·or under section 14, ,to the Wild Life Preservation Officer: and (b) if the order is made by the Wild Life Preservation Officer, to the State ·Govc,mmen:t - · (2) In iii~ case of an Clrder passed in appeal by the Wild Life Prcservati0n Officer under sub-section .(J), a second appeal shall lie to the State G9•iemment Hunting of young and female with young pro. hibit<ld. 131 GUJ. GOVT. GAZ., EX., JUNE 6, 1963/JYAISTHA 16, 1885 [PA.RT IV '(3)' Subject ·as ·aforesaid, every order passed in appeal under thia section shall be final · ' (4) An aweal under this section shall be filed. wjfhin thirtf W,.yS' 'fooJ;D .. the date Of the communication of the order appealed against : Provided that, the appe1Iate authority may admit any appoal ·preferred, after ~he expiey of the said period if the appellant satisfies ,it that he haqt sufli,;:ient cause .for not preferrlng the anpeal within. tim~. -1 ! , 'B:-Generdl. ,I. Lffii. ·(I)' Except when authorized· tinder a- sptd~d''oorrdltion to th'!tt effetr1 in a licence no person shall hunt the young of any game or any female ·gaine ~mpanied ~y its youQg or any deer S!i(h homs in, velv.et. ·(2) Nothing· ~ntained in sub•section (1)- shall apply ·to the h:ullt~g ·of vCmila. 010800 time. 17. The State Government may, by -notification in the 0/fft:ial Gazette, declare the whOle year or any part thereof to be a closed time tbrou ghout the whole· -0[ any 1>art of the· State f6r any kind of- wild animal or bird or female or immat\id· wlltl' anima'.l or ·bird. ' · Unlawful methods of hunting, '18: '(1) No ·person shall hllnt any game from ~r ·by"·means or a Wheeled· or a mechanically propelled vehicle on water or Iantl' or ·by ait' Craft. (2) No person shall use a motor car, motor ,,pllt'pOsb- of ·K.illingi'-driving 01' stamp'e'dillg 'gitme. . :; ,, , 'i launch or air-craft, for ) . ,..1 );,.,· lho (3) No person shall hunt any game with nets, snares, pit-falls, poison or ·po&On-Weapons; 'except in1 deferrce -dr·'·human life ·br -pro~ty, alnd1 ex"ctept in so far as it relates to captu:e of animals and birds.'utider:a.-:licence··Of the··kind sp ecified in clause (e) of sub-section (?) of section 11. , , ,(1;) Nri>c.P~r~n 1 shall. fo r the purpose of hunting syt Jir.e: tq'..a~Y.- .V~tion,, (5) No person shall use any artificial light for the purpose of' hunting, except in the ca'se of carnivora, over a kill . . (6);c No.·.per-son shaU hunt any game -dut:ing. tke hours ,of night ti,lt,!)Oll& :hour .aftcnl'-sun-set and, one hour .before: sun-rise e-:l(CQpt,-by .-sittifl&;,QV&!i ai-Jtj U in, the case of carnivora. (7), -No person shall hunt :any .game,, ran, a salt,lick -.or-.-wa.ter. -hole ,of other drinking· place· QL on a path and approach ~q. :o~e. u@pt: .for ·;tand·gpm&~.- and .water birds. (8) No person shall hunt any game on any land ~f private own,Hhip.;S\'ilh· out the consent of the owner or bis agent or th~ lawful oc.cupier of ~~~ land. , (9)'- ·No person shall, notwithstanding that be ·holds- a ,game litmce ;f« 1 .the purpos~. bunt any game during the closed time. • PARll'·IV] GUJ. GOVT. GAZ., EX,, JUNE 6, 1968/JYAIS'l'l!A 16, 1886 132 ' . ' c t/Q)· 1Notbi.r)g, in ithe foregoing provisions of this section ·shall qpply -to"shoot ing- -duck. .with the liSe of an out-board motor or to killing animals and- -birdB . ' whi.oh-have·bocome.a source of,sellious menace to human life or property. . ,U, The State-Government may, by notifieation in the Offiaial Gazette, deolarc,Deolaration any kind of wild animal or wild bird not included in Schedule I. to be vermin,~~d 801Jilid~ in any specified area. aa vermin. CHAPTER W. GAME SANC11JARIES. 20. The State Government may, by notification in the Official Gazette, tare any area to be a game sanctuary, in the manner hereafter appearing, dee- Power declare area to to .. , b, game sanc tuary. 21. Whenever it has been decided to .declare any area to be a game sanctuary, Noti:!ii.ation h II , , , , h Off' , I G regan11ng the State :Government s a '1ssue a notdicatlon m ·t e ,cw azette, declaration of game CJ,) stating that it has been decided to declare such area to ,be a game 1anct1 ary. sanctuary; (2) specif:Y.ing .,as nearly as possible the situation and limits of. such area, and (3) directing the Collector to inquire into and determine the existence, na ture and extent of any rights a11eged to exist in favour of any person 'in ·or over the land coml )rfoed within the limits of such area and deal with them as provi •H.ed in tHis 1Act. Explanation.-For the purpose of this section, it shall be sufficient to describe the· area--by·J'oadli; ,riWIS,· ridges-or other well-known or ·readily fotelligib]e botm daries. 2i. -After the· issue of a--not1fication under 'section 21, no right shall ,be aequi- Bar of ed • thld 'd' h 'fi, b . aocroolof r m or over e an compnse m sue noti cation, exeept y suocess10n. any right.a in land comprised in game 8aDO· itusry, 23. When a notification has been issued under section 2 t, the Collector shall Proclamation rtuflliSh ·m rthe· l'e'giotral"1li1Jgllage In ·CVery tbwn and village in the neighbourhOod by Colleotor. df. 'tlie 1irrea---eompri!Md"tlreteitJ, a pr001amtttion (a)' specifyfug as nea:ttY ··as J)OSsi61e, ifte situation and the Hin.its ·or the proposed game sanctuary; (b) fixitJg a period of Il,Ot less than two months from the date of such iptO· .clame,tjon.. llnd, .i-cqµirittg, any ,person claimi:Qg any .right mentioned in section 21 or -sectioll 22 within such period either to present to the Colie-0tor 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 res i,ect lhereol. Inquiry CoUootor. 133 GUJ. GOVT. GAZ., EX., JUNE 6, 1963/JYAISTHA 16, I88ti [PAR'!' IV I . . ' by 24. The Collector shall record in Writing all statements made under section ·23 and s~all at some convenient place inquire into all claims duly preferred under that section·and the existence of any rights mentioned in section 21 or 22 and not claimed under section 23 so far as the same may be ascertainable from the re cordS of Government and - the evidence of any persons likely to ·be acquainted with the same. E:xtinction of right<!. 25. Rights in respect of which no claim has been preferred under section 23 and of the existence of which no knowledge has been acquired by inquiry under section 24. shall be extinguished. Pr.iw~r to 1 , 26. In the case of a claim to a right in or over any land, other than a right flcquue an . , ,ne:r whieh of pubhc way or right of common pasture, the Collector shall either. right ia · l&imad, Acquisition proceeding a, (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 Acqui- I of sition Act, 1894. 1894 · 27. For the purpose of acquiring such land, (}) the Collector shall be deemed to be a Collector proceeding under the Land I of Acquisition Act, 1894; 1894 · (2) the claimant shall be deemed to be a person interested and appearing before himJn pursuance of a notice given under section 9 of th~t Act; (B) 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 State Government. provide for-a substi tute P.ublic way or common pasture, as far as may be pra,cJicable or con Venient. Power or ~- T):ie State Government m8.y, by general or speciaJ order, direct that the Colleotor w powefs exercisabI~ or the functions to be performed by the Collector under sec ~ 0~~:~ tiOns 2 1 to. 27 (both inciusive) may be exercised and performed by such officer olll.oen, as may be specified ~ the order. QUJ. GOVT. GAZ,, EX,, JUNE 6, 1~63/JYAISTHA· 16, 1885 it.' No pedon other than.-, (Q) any public servant on, duty; (b) aoy·person who.ordinarily resides within the litnits of a sanctuary: i-. .' . . -· 1,84-. Restriotion on entry into game sane• tuary. (c) ~ny person who has. any. rights ov~r. immovable. property w,ithin tbo limits of a sanctuary; (d) any. person, pas~ng through a s;inctuary. along- a pu.blic highway; M the dependants and servants of the above persons. stialli enteD· Ol' reside, in 'a game sanctuary, except under a permit and in accor dariee with-:the conditions of. the permit granted under section 30. 39. (I) The Wild Life Preservation Officer may issue to any person on appli- Permit to cation a permit to enter or reside in a game sanctuary for any of the fo11oWing ~~~rin°~:'; purposes, namely:- · eanctuary. · (a) investigaiion or study 6f wild life and pJ1rposes incidental the reto: (bf photol!Taphy; • ='(t-) sbientiflc research; (d) transaction of lawful business with any person residing in the sanctuary. (2) A permit to enter, or reside- in the sanctuary shall be iss ued subject .to" such conditions as the Wild Life- Preservation Officer may deem fit to impose or ari- May ·be piescrlbed and such con.ditio'ns shall be endorsed on the J)ermi~. . . .. 31. (1). No ··p!µ'SOD shaU hunt any 8.nimal or bird in a game 1;anctu,a.ry, ,f}tovi- Hunting in ded -that the. Wild, Life .Rreservation, .Oflicen may: in any special oase wh~re. he, ~:==~uary satisfied that it is necessary that animals or birds should be hunted for the better without p[eservatlon of other animal life, or for other ~ood and' sufficient reason, issu6 a J::W:~~ro permit authorising any person, to hunt such animals or birds umler the dlre<itiorf of ,an- officu authorised by him. (2) A pennit issued under sub-section (']) sh·au specify the number and kinds of animals or birds that may be hunted by the holder of such permit · 32. (I) The Wild Life Preservatio.n Offi.ctr may, for good ancl suffici~Jilt ~~~ Re£118BI or son, refuse to issue any permit or may cancel any perm.it granted pndflr tliii oaucelle.~ion Ch - ~-aJ?,wf. 1 '(2) J h}' persO~ aggrieved by the refusal or cancellation of a permit wider' sub-section (J) may within fifteen days appeal to the State Government, Whose decision shall be final. ·,;-:.,1;1<,iJR-. , , , ... 1 . . • .. u1'1":r .,,o l"'f.!QP· sball set,,fifo, t<> lWD· ll'!'~ I':'~•. !i1!' Q!'. leave,~' tiuning 10 such manner as ta encianger·such san~ •.. ·; t , , , , -,. :-;,,;• IV-Bxtra-37 (Lino) • Deallilgiiin trophies and petewithout li=oo pnlhibitod. Trophy and pete dealer's lioonoos. !36 GUJ, GOVT. GAZ., EX,, JUNE 6, lll63/JYAISTHA 16, 1886 [PABT IV CHAl'TER V. 1itOPHIBS AND PBT Amw.l.s AND BDtDS. 34. No person shall carry on the business of a trophy dealer or deal.er in pets, except under and in accordance With a trophy dealer's licence or pets dealer"s licence granted wider the provisions of this Chapter. · 35. A trophy dealer's or pet and other animal dealer's licence may be issued by the Wild Life Preservation Offl.ccr or by any other officer authorized by the State Government 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 3 trophy dealer or dealer in pets· upon the premises and subject to the conditions specified in the licence. Every. such licence shall be valid for three years from the date of issue. unless duly suspended or cancelled before that period. Bllllpentionll 36. The Wild Life Preservation Officer or any other officer authorised by or oenoe a,. · tion of the State Government in this behalf, may, subject to any general or special order lioonce, of the State Government Without giving any prevjous notic'e but for reasons to be recorded by him, suspend or cancel any licence issued under section 35. Appeala:. 37. (I) An appeal from an order refusing to issue a licence· under section 3S or an order suspending or cancelling a licence under s~tion 36 shall lie,. (a) if the order is made by the officer authorised under section 3S or under '" 'section 36 to the Wild Life Preservation Officer; ap.d · · (b) . if the order is made by the Wild Life Preservation Officer. to the State Government. (1) In the case of an order passed in appeal by the Wild Life Preservation omter under sob-section (1), a second appeal shall lie to the State Govemfl'.lent. ' . \ (3) Subject as aforesaid; every order passed in appeal under this s«:tion shall ~ """""' andretume to be made by trophy and pet. dealen. ' Oonlil0&'6 "' ownmlhlp. be final. l (4) An appeal under this section shall be filed 'wittiin thirty days from the date·of the communication of'the order appealed against: Provided that. the appellate authority may admit any appeal preferred after the expiry of the said period if the appellant satisfies it that he had sufficl,ent cause for not prefe!ring the appeal within time. ~- I 38. A trophy dealer or dealer 'in pets shall keep such records a.Dd submit such returns of his dealings to the W~ld Life Preservntion Officer as may ~ I?rescribed. 39. The Wild L~e Preservatio n Officer may for . t}:te purposes of s~ioq. 38 ~i'i(ceffiflcate··Or op~fahf'l'to·:,,,,. ·- 1' 1'&f 'j,b'o in his o inil)D 1s· in t•1dut ,.:L.,.:1.P -,-, ~-P;':-,,,~.- , , P . .- ,. ' po&Pllion of a trophy Qr pIDO." ~ . ,. ·· · · · ' ' · ! P.A.BT IV) GUJ. GOVT. GAZ,, EX., JUNE 6, 1963/JYAISTHA 16, 1885 186 40. No person shall export or transfer by gift, sale or otherwise, to any persori Export and. any trophy or game unless he is in possession of a certificate of ownership there. : 6 hl ~ for and such certificate shall be delivered or sent by post to the transferee at the res;~ted. time of export or transfer. Explmµztlon.-For the purposes ot this Secti6n, "export'' means to take out of the State of Gujarat otherwise than across a customs trontier. 41. Any game found dead or killed without a licence in defence of Jife or Govemmen~ property or by miStake and any game or trophy in respect d. ~eh a breach irophiea. of the provisions of this Act has been committed, shall be a Government trophy and the property of the State Government. Explanatlon.-In this section, «game" includes the female and the young of any animal or bird specified in Schedule II, m or IV. 42. Any person who b}' any means obtains possession of a Government trophy P018&8&1on shall within 48 hours make a report thereof to the nearest Game, Police or Forest of Govern• Ofllcer and shall, if so required, hand over the trophy to him. :ent!rophy. n,....., 43. (J) No person shall without the permission of any of the Officers referred Unh.~u.J to in section 42, keep in his possession any Government trophy or without the Ji.~ion permission of the Wild Life Preservation Officer or any other Officer authorized dealing in, by tbe State-Govemment in this behalf transfer, by gift, sale or otherwise, any t?:phJ'::en~ 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 Govern-ment trophy was found was in unlawful possession thereof. CHAPTER VI. PR.BV1!NI'ION AND DBTBCTION OF OFFENCES AND PENALTIES. 44. (J) The Wild Life Preservation Officer or any other Game Officer empowe- Power ef red by him or any. Forest or Police Officer may, if he has reasonable grounds entrl for believing that any person has committed an offence against this Act.- ~~t, detention (a) requjre any such person to produce for his inspection any anima1. bird, and 86isure. meat. or trophy in his possession or any licence, permit or other documents 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 sucb person and open and search any baggage or other things in his Po5se-ssion; (c) seize any animal, biid, meat or trophy in the pas.session of any person and appearfug- to him to be the property of the State Government 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 ~t. meat and deta.in him. Peri~riieii, Power to compound olfoneee. 137 GtrJ, GOVT. GAZ.,EX., 'JUNE'6, -1963/JY:AIST BA T6, T88ti [P&BT rY (2) Any officer, of a tank not inferior to that of· a n' Assistant Game Warden ·WliO, 6r Whose isttbordln'ate, has ·seized any 'vehicle, weapon. ·trap or tools .UUd0: cl3.wle (c) ofsUb;.sectidn,(J) l:nay·retease:the:sume on the execution by therowntt thereof of a bond for the production of the proper ty so1'ele:ased, if··and whcn:180 r,equired, before the Magistrate having jurisdictio n to try the oJience on account of ~hich the seizure has boen made. (3) It shall be lawful for any of the Officers refe rred to in sub-section (1) to stop -and detain any person whom he sees doing any act for which a licence or .pe.rmit,is required under,tbe.provisions Of this Act" for the purposes Of requiring ·such person to produce bis licence or permit and if su ch person · fails to produce his licence or permit, as the case may be, he may be arrested without a warranl, un lbss he'fumish·es bis name and;address and otherw ise satisfies'the offloor arresting him that he will duly answer ·any ·summons or -oth er proceedings ·-which may ;be \ taken against him. (4) Any person detained 'Or things seized under ·the foregoing powers <shall forthwith be taken 1before a Magistrate to '-be· de31t ·with· accordilig·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. 4~. (J) Any person who contravenes -any of the provisions of this Act or of any rules made thereunder or who commits a brea ch of any of the conditions-·ot any licence or permit shall, on conviction, be puni shed with imprisonment which may extend to six months Or with fine ,wliic'h·may extend tocRs. 500 or witb1buth. (2) When any person is- c6:livicted of an Offence ·against this Act. -thel(oodft trying the offence may order that any animal, bi rd, meat or trOphy ih '.'re'spt,d: of which, and any weapon 6r trap with :which, th e Offence has been ctitnmltu:d shall be at the disposal of the State Government, and that any licence or permit held by such person under the l)t'ovisions of this A ct, be cancelled. (3) Such, cancellation of licence or permit shall be in ··ad4ition to any other punishment awarded for such offence. (4) Where any person is convicted Of · an Offenc e against this Act and the Court trying the offence inflicts a punishment of fine, -with or without imprison ment, on such person, the Court may direct any portion not exceeding one half of the amount of fine that may be recovered to be paid as a reward to any per son who may have given information of the comm ission of" suclt offence. ·46. (I) ·'the State Government, m8.y, by notification in the Off icial Gazette empower 'the ·Wild Life PtCServation Officer or any officer• of· a rank n·ot-4.nferior to that of a Deputy Conservator of Forests, ' (a) to accept from 'any pets{'fn-'aglfin!;t wh6m 1a ·reaSGnable suspicion exists that he bas committed 'a:n··0ffence .. u'Nder1this A.ct: payment of ,a sum-of 'money or, at his-discretion, an utidertaking in·writing to p ay a-sum of money, by way of composition for the Offence· which such person , is suspected :to ·have com mitted, ·•dd ow.·aoVT. GAZ.,'EX., JUNE '6, l963fJYAISTHA:I6, 118Bli .... t(b) when any property bas been seized as ,Hable to confiscation, .to .release the same on the payment of, or at his discretion,· on acceptance of an under taking· lll writing to pay, the value theredl-as named by -such officer. (2) On the payment of, or on acceptance of an undertaking in ·wrlting•fu·pa.y. sµch sum of money, or suclt named value, or both,.as the case may be, to.such officer, the suspected person, if in custody, shall be discharged, the .propeq.y, if any. seized sh1;1,ll be released and no further proceedings shall be taken against aUeh·t person or property. (3) The sum of money acce;:pted or agreed to be a~pted .as ..composition under ,clause (a) of sub-section (J) shall in no case .exceed the sum of ·five -huo4red rupees. • (-4) The mont:y :l)a.Yable under this section .may, if not ,paid when ,du~, ,be recovered as an arrear of land revenue. 47. No Court -shall take cognizance of any offence against this Act- When°""' ...... . (1) except on the complaint or report of ·the Wild Life Preservation Officer ooguisao.ce or rany ,officer ,=authorized by him or of ,any Forest ,or JPolice <Officer· or,of any of ol'ooce, :.other ;officer .authoriZed: by :the ·State <Government in, this· behalf; -ami (2) unless the prosecution is instituted within six rilonths from the date on which the offence is alleged ·to have been committed. 48. 'Nothing in this Act shall be deemed to prevent any person from being Opemkm prosecuted under any other law for any act or omission which constitutes an ° 1 f otber, aw11 no offence·under·this Act or from being liable under such other law to any ·higher hllrrod. punishment' or penalty than that l)rovided by this Act : Provided that no, person shall be punished twice for the same offence. CHAPTER vn. Mlscm.L\NBOVS. 49, (1) The State Government may, by notification in the Official Gazette, Power to make niles for- c.anying out the purposes of this Act. make rulee. (2) In particular and without prejudice to the generality of the foregoiQg power such rules may be made for all or any of the foUowi.ng matters, name ly : (a) the forms to be used for any application, licence, permit, registration, declaration, certificate, return or other document. 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 recofd of game killed or captured to be kept and submitted, by any licensee; (d) controlling settle:inents in game aanctuaries Y{ith a view to preventing disturbance to the natural fauna; PoWbr .to •menit Sohedula., Defenoe of ....... property. Game Ofll.cen to be publio 581'Vank. Protection top,= aotmg in 100d faith. Power to u:empt. Repeal and Mvinga, ... GUJ .. GOVT. GAZ., :gx., JUNE 6, 1963/JYAISTHA 16, 1886 (PART IV (e) regulating the sale of pet and other animals and trophies derived from the wild animals and birds: (f) anf other matter which is elpressly required or allowed by this Act to b:c presctjbed. by .rules. (3) The power to make ·rules under this section shall be exercised subject t(! the condition of previous publication. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and shall be· subject to rescission by the State Legislature, or to such modification as the State Legislature may make, during the J,CSSion in which they are so laid or the session i.nimediately following. (.5) Any rescission or rpodification so ma.de shall be published in the Official Gazette, and shall thereupon take effect. 50. The State Governinent may, by notification in the Official Gazette, add to, omit or alter any entry in Schedule I, II, III or IV subject 10 such conditions (if any) as may be specified in such notification; and on the issue of such noti 1ication, a 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. 51. Subject to the provisions of sections 41 to 43 (both inclusive), nothing in this Act sh~U prohibit, (/) the killing or capturing of any wild animal or wild bird by the occupier of any l11;nd in defence of the standing crop or cattle on the land; (2) the killing Or capturing in good faith of a!ly wild animal or :wild bird in defence of oneself or of any other person : Provided that nothing in this section shall exonerate any person who, w:hen such defence became necessary, was hunting any game or committing any con travention of this Act. 52. All Game Officers and other officers exercising any of the powers con• XLV ferred by this Act shall be deemed to be public servants within the meaning of of section 21 of the Indian Penal Code. 1860, 53. No suit, prosecution or other legal proceedings shall lie against any per son for anything which is in good faith done or intended to be done under this Act 54. The State Government may, by notification in the Official Gazette, ex ePipt any person by name or in virtue of his office or any class of persons from all or any of the provisions of this Act. 55. On the commencement of this Act, the following laws, that is to say, (a) the Bombay Wild Animals and Wild Birds Protection Act, 1951, Bom. XXIV of 1951 ·1 'P.a.a'l' IVJ GUJ. GOn'. "GAZ;, EX., JUNE 6, t963JJYAihTHA· 16,- ll:ISe; l<O Sau, 1°ix. (b) the Saurashti-a Wild Animals and Wild Birds Protection Act, 1952, 11 of IVH. VIII (c) the Wild Birds and i imals Protection Act, 1912 in its application to 19~. the Kutch area of the State of Gujarat, shall stand repealed : Provided that, such repeal shall not (,) affect the previous operation of any law so repealed or anything· ·duly done or suffered thereunder; (ii) affect any right, pri~~lf:ge, obligation (?r liability acquired, accrued or incurred under any law sC> repealed; (iil) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed,- or (fv) affect any investigation, legal proceedings ot·reinedy-in respect of anY such right, privilege, obligation, liability, ~P.~l ty, forfeiture. ,or p unis~me~t as (afore-said, · · · and any such investigation, legal proceedings or remedy maY be in'Stituted, con-:tinucd or enforced,-,and any such. penalty, forefeitu(e and - punishmel]J rqay be imposed, as if the aforesaid laws had not been repeaje(I ,: . Provided further that, subject to the preceding proviso, anything done or ./lction taken (including any notification, order, certificate, notice or receipt issued, appli-cation made, permission or licence granted, suspension or re\10Catioll· of a licence effected, and exemption given) under any such law shall,. in ~o far it is not inconsistent with the provisions of this Act, be deemed to haV-e" been done or taken under the corresponding provisions of this Act, and shall continue in force accordingly, unless and until superseded by anything done or ~ny action taken under this Act. 1. Mongoose. 2. Civet cat. SCHEDULE I. [See Section 2 (n).J (VllRMJN) 3. Wild cat (excluding tiger, lion, panther and cheetah). 4. Wild dog. S. Rodents (except hare. giant squirrel and flying squirreJ). 6. Jackal. ... GUJ, GOV'l'. GAZ.f, ·EX., JUN~ 6; 1~ 3JJ.YA18THA-. 16, 1886 [PAWf> IV .7, l\'!onl<oy. 8. Bat. 9. Crow:. 10. Birds of prey (excluding kestrel, hobby; white--eyed buzzard; rec1' headed merlin, crested serpent eagle, short toed eagle and blac k-winged kite.) 11. Parakeet. 12. Crow pheasant 13. Tr ee pio. SCHEDULE II. [ See Section 2 (c), and (~. ] (SMALL GAME) 1. Spot-bill or grey duck. 2: Nuhta or coqtb, duck\ . 3. Whistling teal (Large and small). 4. Cotton ttal S; E>uck, goose li'nd swan- (811' kinds other than, those··menti OUcd abov.e and pink-headed duck), 6. Snipe. 7, Wood-Coc1', 8. Curlew. 9i Whitnbre}; 10, Coot. 11. Florican. 12. Crane (excluding sarui), 13. Bustard (excluding Great Indian Bustard). 14. Sand-grouse (all species). 15, Spur fowl. 16. Jungle fowl. 17. Guinea-fo:tll. • 18. Partri~ (\Ill spetjes). 19. Quall (all species). .l. ' I !'J.B'l' lV] GUJ., GOVT. GAZ; i,.x .• JUll.E e. l!.63/JYAIS'IBA 11, 1886 ... 20. Pigeon and dove (all species). 21. Rosy-pastor or Rose-coloured Starlrng. 22. Hare (all species). 23. Hyaena. 24. Wolf. 25. Chinkara (male only). 26. Barking deer. I 27. Nilgal. 28. Wild boar. SCHEDULE III. [See Section 2 (b) and \c).] (BIG GAME) I. Black-buck (male only with horns over 12 inch~s}. 2. Four-horned antelope. 3. Sambar (male only with hard horns over 28 inches}. 4. Cheetal Cmale only with hard horns over 25 inches). 5. Panther. ' 6. Tiger. 7. Sloth bear. 8. Crocodile. 9. Cheetah. 10. Wild Ass. SCHEDULE IV. [See ~ection 2 (b) and (c).] ' (SPECIAL BIO GAMI!) ~ I\' E::rtra. 88 {Lino} l'IUNIED, AT 1HE GOVERNMENT CENTRAL PRESS, MIMEDABAU, Extra No. 17 I REGISTEREDNo. G/GNR/2 © .,.,,.,,.,; ffl:be ®ujarat ®otlernment ®a?ette EXTRAORDINARY PUBLISHED BY AUTHORITY Vol. XLV] WEDNESDAY, MAY 26, 2004/JY AISTHA 5, 1926 Separate paging is given to this Part in order that it ma y be filed as a Separate Compilation. !V-EX.-17-1 PART IV Acts of the Gujarat Legislature and Ordinances promulgated and regulations made by the Governor. The following Act of the Gujarat Legislature , having been assented to by the Governor on the 25th May, 2004 is hereby published fo r general information. S.S. PARMAR, Secretary to the Government of Gujarat, Legislative and Parliamentary Affairs Department. GUJARAT ACT NO. ISOF2004. (First published, after having received the assent of the G overnor in the "Gujarat Government Gazette", on the 26th May, 20 04.). AN ACT to repeal the Gujarat Wild Animals and Wild Birds Prote ction Act, 1963. Itis hereby enacted in the Fifty-fifth Year of the Repub lic oflndia, as follows: 1. This Act may be called the Gujarat Wild Animals and Wild Birds Protection Short title. (Repeal) Act, 2004. 17-2 Repeal and savings. GUJARAT GOVERNMENT GAZETTE EX., 26-5-2004 [PART-IV 2. ( 1) The Gujarat Wild Animals and Wild Birds Protection Act, 1963 is hereby Guj. XXXII of 1963. repealed. (2) Notwithstanding such repeal, the provisions of section 7 of the Bombay General Clauses Act, 1904 shall apply in relation to the repeal of the Gujarat Bom.1 of 1904 Wild Animals and Wild Birds Protection Act, 1963 as if the Act had been an Guj. XXXU of enactment within the meaning of the said section 7. 1963. GOVERNMENT CENTRAL PRESS, GANDHINAGAR,