Sindh Wildlife Protection, Preservation, Conservation and Management Act, 2020

.. PROVINCIAL ASSEMBLY OF SINDH NOTIFICATION KARACHI, THE 02ND SEPTEMBER, 2020 NO. PAS/LEGIS-8-04/2020-The Sindh Wildlife Protection, Preservation, Conservation and Management Bill, 2020 having been passed by the Provincial Assembly of Sindh on 27th July, 2020 and assented to by the Governor of Sindh on 25th August, 2020 is hereby published as an Act of the Legislature of Sindh. THE SINDH WILDLIFE PROTECTION, PRESERVATION, CONSERVATION AND MANAGEMENT ACT, 2020 SINDH ACT NO. XXIII OF 2020 I AN ACT to make prov1s1on for protect ion, preservation, susta inable use of wi ldlife for management and maintenance of protected Province of Sindh. conservation, establishm ent , areas in the WHEREAS to make provision for protection., Preamble. conservation, preservation , sustainable use of wildli fe for establishment, management and maintenance of protected areas in t he Province of Sjndh and t o provide for matt ers connected therewith or ancillary thereto; It is hereby enacted as follows : CHAPTER-I PRELIMINARY 1. ( 1) This Act may be called the Sindh Wildlife Prot ection, Short titl e, Preservat ion, Conservat ion and Management Act, 2020 . ext ent and (2) It shall extend to the whole of t he Province of Sindh. (3) It shall come into fo rce at once . comm enc e m e nt. 2. In this Act, unless there is anything repugnant in the Definitions. subject or context (i) "animal" means animals of wild origin, terrestrial and or aquatic, that includes fish, birds, reptiles, mammals, amphibians, and their eggs excluding livestock; (ii) "Anima l of Sindh" means the Sindh Ibex declared and notified as Animal of Sindh; (iii) "Appendix" means a document of Convention on International T rade on Endangered Species (CITES) of Wild Fauna and Flora and Convention on Migratory Species (CMS); (iv) "article" means anything made from whole or part of any wild, captive bred or pet an imal of wild origin; (v) "animal display" means exhibiting any wild animal and captive breed, dead or alive; I (vi) "biological diversity" or "biodiversity" means the variety of plant and animal life in a particular habitat or ecosystem; (vli) " biosphere reserve" means an area of terrestrial and coastal or marine ecosystems or a combination thereof; (viii) "buffer-zone" means a zonal area that lies between two or more areas; (ix) "certificate" means a certificate for lawful possession of wild animal or captive breed, issued unde,· this Act; (x) "Code" means the Code of Criminal Procedure, 1989 (Act V of 1989); ~ (xi) "competent authority" means the Chief Minister of Sindh; (xii) "core zone" means the designated protected areas where all kinds of biotic and abiotic interferences are prohibited, unless specifically required and allowed; (xiii) "Convention" means the Convention on Biological Diversity as ratified by the Government of Pakistan, inclusive of its Articles as are amended by the Conference of Parties to the Convention in their meetings from time to time; (xiv) "community" means a community that is managing or is involved in management of any other type of Conservation Area; (xv) "Council" means the Sindh Council for Conservation of Wildlife established under section 3; (xvi) "cruelty to animal" means an act directed towards a wild animal, which is against the natural instinct and behavior of the wild animal; (xvii) "circus" means a collection of wild or captive animal bred; (xviii) "Convention on Migratory Species" means the convention on migratory species ratified by the Government of Pakistan; (xix) "captive breeding" means the process of keeping and breeding of animals in controlled environment such as breeding fa rm, wildlife farm and zoo; (xx) "dealer" a person authorized to sell, purchase, barter any wild animal, its parts, products and derivatives thereof or process or manufacture any article therefrom; (xxi) "Department" means the Wildlife Department , Government of Sindh; ., ~---'· ) ' (xxii) "dignitary" means any foreign person applying for a hunting permit; (xxiii) "derivative" means an ext ract from a wild animal or part thereof and includes an oil extracted from the fat of mammals, bi rds and reptiles; (xxiv)"eco-tourism" means responsible travel to natural area~ that conserve the environment, sustain the wellbeing of local people, and involve interpretation and environmental education; (xxv) "endangered" means the species which is in danger of extinction; (xxvi) "exotic" means the species, both floral and fauna!, which are not native; (xxvii) "ex-situ conservation" means the conservation of components of biological diversity outside their natural habitats; (xxviii) "First Offence Report or FOR" means the FIR as defined in the Code and for the purpose of this Act issued immediately after detection of an offence related to wildlife and forest; (xxix) "Fund" means the Wildlife and Conservation Fund Development constituted under this Act; (xxx) "Government" means the Government of Sindh; (xxxi) "game animal" means a wild animal specified in Second Schedule; (xxxii) "game reserve" means an area managed by Government for hunting and shooting during hunting season; (xxxiii) "guidelines" means the guidelines issued or notified under this Act unless specified otherwise; (xxxiv) "habitat" means any area, which contains suitable living conditions for a species; (xxxv) "hunting" means killing, shooting, trapping or capturing of a wild animal and includes taking the nest or egg of a wild animal; (xxxvi) "hunting season" means notified period of the year when game is allowed as may be prescribed by rules; (xxxvi i) "indigenous" refers to a species of wild animal which is native; ' (xxxviii) "investigation" includes all the proceedings under the Code for the collection of evidence conducted by authorized wildlife officer or by any person who is authorized. (xxxix) "Investigation Officer" means an officer not below the rank of Wildlife Sub-Inspector or any Wildlife officer who is authorized to conduct any investigation under this Act; (xl) "licence" means a licence issued under this Act; (xii) "Management Authority" means a National Management Authority designated in accordance with Article IX of Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), authorized to regulate the import and export of CITES specimen to and from Pakistan respectively; (xiii) "Multi-latera l Environmental Agreements" means the Agreements referred to in this Act and to which Pakistan is a Party; (xliii) "meat" means the flesh, fat, blood or any edible part of wi ld animal, whether fresh or preserved; (xliv) "migratory species" means the wild animal population which has natural instinct of migration during a particular season; (xiv) "Officer" means the Conservator Wildlife, Deputy Conservator Wildlife, Divisional Wildlife Officer, Distr ict Wild life Officer, Assistant Conservator Wild life, Game Officer Wi ldlife, Wildlife Ranger, Deputy Director Wildlife, Assistant Director Wildlife, Field Officer, Sanctuary Warden, Project Officer, Deputy Sanctuary Warden Hatchery Attendant, Wildlife Inspector, Wildlife Sub-Inspector, Game Watcher and Wildlife Guard or any other officer authorized in this beha lf to carry out all or any of the purposes of this Act or to do anything required to .be done by or under this Act or rules made thereunder; (xlvi) "permit" means a special or ordinary permit issued under this Act; (xlvii) "prescribed" means prescribed by rules; (xlviii) "private game reserve" means an area of land held in private ownership permissible and declared under section 15; (xlix) "product" means an article made from a wild animal and/or a plant or a part thereof; .. (I) "property" means any wildlife, dead or alive, which has been hunted, killed, captured or acquired in accordance with the provisions of the Act; (fire-arm, net, trap, snare, bow, arrow or any vehicle or vessel or anything whatsoever used or suspected to have been used in the commission of an offence under this Act. (Ii) "protected animal" means a wild animal specified in the First Schedule; (Iii) "protected area" means the area declared as protected area under section 8 that includes National Park Wildlife Sanctuary, Game Reserve, or any notified under this Act; (liii) "Ramsar Convention" means the Convention on Wetlands of International Importance, Especially as Habitats of Migratory Waterfowl; (liv) "rules" means rules made under this Act; (Iv) "Schedule" means a Schedule to this Act; (lvi) "specimen" means any alive or dead wild animal or plant or readily recognizable part thereof or product or derivative therefrom; (lvii)"trophy" means and inter alia, includes, any dead wild animal or its horn, antler, tooth, tusk, bone, hoof, claw, skin, hair, wool, plumage, feather, egg, shell or other durable part, whether in a raw form or a manufactured or processed article through taxidermy and includes skin and specimen of such wild animal mounted in whole or in part; (!viii) "Trial court" means the district and session court as defined in Code; (lix) "value" means value of the specimen as determined by officer; (Ix) "wetlands" means the areas of marsh, fen, peat land or water, whether natural or artificia l, permanent or temporary, with water that is static or flowing, fresh, brackish, including areas of marine water the depth of which at low tide does not exceed six meters; (lxi) "wildlife" includes organic resources, animals, birds, fish, reptiles, vegetation, soil and water; (lxii) "wildlife offence" means any violation with respect to wildlife as defined under this Act; (lxiii) "wildlife police station" means as defined under Police Order, 2002 (lxiv) "wildlife sanctuary" means an area of land or coast owned or managed by Government for protection of wild life, especially for their undisturbed breeding or staging and wintering of migratory waterfowl; (lxv) "zoo" or "zoological garden" means a place where wild animals of indigenous and exotic species are kept or housed for conservation, education, research, breeding and re-introduction of native species. CHAPTER-II ESTABLISHMENT OF COUNCIL 3. (1) Government shall, by notification, in the official Gazette, Establishment establish a Council to be called the Sindh Council for Conservation of of Council. Wildlife consisting of the following: (i) Minister or Advisor or Special Assistant for Wild life Department, as the case may be. (ii) Secreta ry Forest and Wildli fe Department (iii) Secretary, Planning and Development Department Government of Sindh (iv) One Representative from corporate sector to be nominated by Chief Minister. (v) One representative from reputed NGO having wildlife experience to be nominated by Chief Minister. (vi) One eminent member of Academia having contribution to the field of zoology to be nominated by Chief Minister. (vii) One Representative from Hunters to be nominated by Chief Minister. (viii)One Progressive captive breeder to be nominated by Chi ef Minister. (ix) Conservator Wildlife, Sindh Chairman Member Member Member Member Member Member Member Member/ Secretary (2) An official member appointed by virtue of his office shall cease to be the m ember on vacating such office. . -" ,\ -.. (3) A non-official member shall hold office for a period of four years from the date of his appointment, and shall be eligib le for re-appointment as Chief Minister may determine. ( 4) A non-official member may at any time, before the expiry of his term, resign from his office, or be removed from office by Government without assigning any reason . (5) Any person appointed on a casual vacancy in the office of non-official member shall hold office for the unexpired portion of the term of such vacancy. (6) Th e non-official mem bers shall be on honorary basis and shall not claim any salary or allowances for t heir representation on Counci l. 4. The Council shall perform the following functions: (a) to give vision and guidance for sustainability of wildlife without intervening in routine official business of the department; (b) to promote cooperation, coordination and collaboration amongst stakeholders of wildlife; ( c) to organize awareness campaigns, seminars, wa lks, and publish material including brochures, pamphlet s for awareness . (d) fund raising for wildlife improvement. Functions of the Council. 5. ( 1) The Council shall meet as often as necessary but not Meetings of the less t han t wice in a calendar year on the date and time fixed Council. by the Chairman. (2) Five members sha ll form a quorum of the Council. (3) The Chairman shal l ordinarily preside over all meetings of the Counci l and in h is absence the members present shall elect from amongst themselves to be Presiding Member who shall act as Chairperson . ( 4) The members shall have reasonable notice of the t ime and place of t he meeting and the agenda for such meeting. (5) The decision of the Council shall be taken by majority vote and in case of a tie, the Chairman shall have a casting vote. (6) The decisions taken by the Council shall be in writing and signed by the Secretary of the Council. ..... . . .) 6. (1) The competent authority may establish the Sindh Wildlife Fund. Conservation and Development Fund. (2) The Council shall take steps for raising of funds, the sources of the Fund, inter alia, shall include subject to justification, the following: (a) the grants in-aid from the multilateral and bilateral donors; (b) international organizations; ( c) civil society organizations; ( d) the private sector; (e) individual philanthropists; 7. (1) The funds so raised by the Council shall be utilized Utilization of against approved annual pl an of action by the Council through Funds. Member/Secretary of the Counci l. (2) For the pu rpose of util ization of funds, the office not below Assistant of Conservator Wildlife or District wild life, as the case may be, sha ll be deemed to be field office of Controller General of Pakistan . (3) The officer in charge of a Wildlife District or a Division shall exercise the financia l powers as provided within t he meaning of Sindh Financial Rules. ( 4) There shal l be departmentalized accounting system for operations related to wild li fe management, conservation and development in the Province of Sindh. CHAPTER-III PROTECTED AREAS 8. (1) The Department may, with the previous sanction of Power to Gove rnme nt, declare any state land, waste land, reserved or declare protected forest as a whole or portion thereof, as protected area. prot ected (2) For the purpose of decla1·ation of any state land as a Protected Area the procedure defined under section 3 to 20 in the Forest Act 1927 shall be adopted. area . 9.(1) The actions which are prohibited in the protected area Prohibition of an d a ny w ildlif e habitat including - actions. (a) hunting, shooting, killing, injuring, trapping, snaring and poisoning of wildlife found therein; /. '\\ ., (b) polluting, poisoning, draining or diverting the water resource for the purpose other than the purpose which is essential for health of wildlife; ( c) cutting, girdling, damaging, injuring or destroying floral resources or burning and collecting the plants or part thereof; (d) damaging the infrastructure and culturally significant natural structures, defacing, counterfeiting the boundary marks, encroach ment, cultivation or changing the land use; or \ \ (e) breaking the land for oil and gas exploration, seismic survey or 1 any kind of other survey; (f) drilling, kindling fire or abating in setting fire; (g) grazing, fishing, trespassing; (h) blowing pressure horn and playing electronic instruments such as television, radio or tape recorder, loudspeaker causing noise and car racing or other noise related sports; (i) quarrying, causing or fashioning of natural stones, exploration and exp loitation of mines and minerals; (2) Any person who contravenes or breaches any of the acts under sub-section (1) shall be dealt as mentioned in Third Schedule. ~; ; (3)The Department with the previous sanction of competent ~ authority may, for scientific purpose, improvement of aesthetic, ,1 '..\ scenic beauty, and in the larger public interest, relax to f, undertake any of the acts prohibited under sub-section (1) ,{ particularly in wildlife protected areas, subject to fulfillment of ~ the requirements provided in section-86; l 10 . For the purpose of removal of encroachment in the protected areas, (1) the procedure laid down in section 26 (A) of the Forest Act 1927 shall be adopted. (2) The provisions of Sindh Public Property Removal Act, 2010 shall apply. Removal of encroachment from protected areas. 11. (1) Every person in a village contiguous to protected area, Laxity in or any person employed by the Department, or a person who providing receives emo luments from the Department, shall be bound to Assistance. assist Wildlife Officer (a) to extinguish any fire in the protected area; in preventing the commission of any offence; and (b) when there is reason to believe that any offence has been committed in protected area, in discovering and arresting the offender. (2) Any person who, being bound so to do, without lawful excuse (the burden of proving which shall lie upon such person) fails to abide the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to rupees one hundred thousand . (3) In case of any fil·e incident, the Officer shall, without any unnecessary delay, issue first offence report and furnish a fire report describing the nature and extent of the incident, and the efforts immediately taken in this behalf. 12. (1) The Department may with the previous approval of the National Park. competent authority, by notification in the official Gazette, declare any area to be a national park with a view to protection and preservation of wildlife and outstanding scenery, flora and fauna (habitat) in the natural state in such manner as may be prescribed. (2) A National Park shall be accessible to public for recreation, education and research. (3) The provision for access roads to and construction of rest houses, hostels and other buildings in the national park along-with amenities for public may be so made and the forest therein shall be so managed and forest produce obtained as not to impair the object of the establishment of the national park. 13. (1) The Department may with the previous approval of the Wildlife competent authority may, by notification in the official Gazette, Sanctuary. declare any area to be a wildlife sanctuary and may demarcate it in such manner as may be prescribed. (2) The wildlife sanctuary shall be set-aside as undisturbed breeding ground for the protection of wildlife and access thereto for public shall, except in accordance with the rules, be prohibited and no exploitation of forest therein shall be allowed except for reducing fire hazards, epidemic or insect attacks or other natural calamities . 14. The Department may, on the recommendations of Council Game Reserve. declare any area to be a game reserve, where hunting and shooting of wildlife shall not be allowed, except under a special permit issued by Conservator Wildlife, which may specify the maximum number of animals or birds that may be hunted or captured in the area, duration for which such permits shall be valid. 15. Subject to the provisions of this Act and rules, where the Private Game Conservator Wildlife is satisfied on the report of Deputy Reserve. Conservator Wildlife that an area of land in private ownership supports sizable population of game animals or has the potential of increasing the number of game anima ls to harvestable level, declare it as a Private Game Reserve, on receipt of a formal request from a single owner or jointly owned area, for managing and using it sustainability for hunting of native game animals found or re-introduced therein. (2) The Conservator Wildlife may at any time, by notification in the official Gazette, de-notify a Private Game Reserve, after seeking report in writing from the Deputy Conservator Wildlife if the Private Game Reserve has degraded to a stage that it is not likely to recover for achieving the objectives of its establ ishment. 16. (1) Subject to provisions of this Act and rules and with prior Community permission of Competent Authority, where the Conservator Game Reserve. Wildlife is satisfied on the report of Deputy Conservator Wildlife that an area of land owned de-jure or de-facto by a local community supports sizable population of game animals or has the potential of increasing the number of game animals with management to harvestable level, may designate it as a Community Game Reserve, on receipt of formal request for managing and using it sustainability for hunting of game animals during hunting season. (2) The Conservator Wildlife may, at any time, by notification in the officia l Gazette, after seeking report in writing from the Deputy Conservator Wildlife de-notify a Community Game Reserve if (a) the Community Game Reserve has degraded to a stage that it is not likely to recover for meeting the objectives of its establishment; and (b) the community has grossly violated the provisions of th is section. 17. The Department may, wi th the previous sanction of competent authority, establish a zoo, zoological garden. 18. The Department may with the previous sanction of competent authority (i) invite the proposals from private sector, local and foreign dignitaries for wildlife conservation, development and management of protected areas; (ii) enter into a public-private partnership with private sector, local and foreign dignitaries in wildlife conservation for benefit of wildlife and local community. (2) Subject to provisions of this Act and Rules, Department may permit any person to use protected area for (a) increasing the productivity of the wild flora and fauna; development of the protected area without disturbing the natural features of habitat; (b) developing wild medicinal plants or non-timber forest produce (NTFP) based cottage industry beyond one kilometer radius from boundary of protected area without compromising the natural features of the protected area. (3) Department shall not permit the use of protected area or wasteland for (a) construction of asphalt roads; (b) change of land use for the purpose other than development of bio-diversity and captive breeding related activities; or ( c) a housing project. ( 4) Subject to any other law, and with the previous sanction of the competent authority, the Department may enter into a detailed contractual arrangement with any person or firm in accordance with the provision of this section. (5) If in the opinion of Department, the person has violated any provisions of this Act or the contractual agreement, the Department may with the previous sanction of competent authority impose penalty defined under this Act and Rules. Zoological Garden. Joint Management. 19. The Department shall, with the previous sanction from Community competent authority, where considers necessary, involve local participation. communities in planning, management, protection, conservation, sustainable use, captive breeding, trophy hunting, falconry of bustards and normal hunting of wildlife in Game Reserve under the terms as may be prescribed. 20. For the purpose of tapping into the significant potential of Eco-Tourism. wild life resources and ecotourism, the national and internat ional investments shall be encouraged and attracted. CHAPTER III PROTECTION & CONSERVATION OF WILDLIFE 21.(1) No person shall hunt, kill, trap and capt ure, or smuggle, Protection of possess and trade in wildlife such as mammals, birds, reptiles Wildlife or parts thereof unless permitted. (2) All wi ldlife of Sindh Province shall enjoy the protection under this Act; wildlife of other territory whenever found or brought in the Province of Sindh by trans-boundary migration or by human act shall also enjoy the protection under this Act, as provided under Fourth Schedule. 22. The Wildlife Officer or any other law enforcement agency, as the case may be, shall prevent the commission of any offence under this Act and may take cognizance of an offence. 23. A Wildlife Officer not below the rank of a Wildlife Inspector may search any person, premises, vessel, vehicle, consignment containing wildlife, without obtaining order or warrant from a Magistrate, so as to satisfy himself whether or not an offence under this Act has been committed. Power to prevent commission of offence. Search against reasonable suspect. 24. Any Wildlife Officer may without orders from a Power to arrest Magistrate and without a warrant, arrest any person as per without section 54 of the Code and at the same time may seek warrant. assistance from private persons for arrest of an accused . 25. Subject to provisions of this Act, an officer not below the rank of Wildlife Inspector or an equivalent rank may release the offender on bond who shall appear if and when required for the purpose of this Act. Power to release on bond person arrested. 26. The officer under this Act not below the rank of Wildlife Inspector may (a) accept from any person who committed an offence under this Act which is compoundable, a sum of money as defined in section 74; (b) release on payment the compounding amount as defined under section 74. Power of compounding of an offence. 27. An offence of which the cognizance has been taken may Compounding be compounded by an officer with following intentions :- Procedure (a) to provide an opportunity to offender for observance of responsible behavior in future; (b) Officer not below the rank of assistant conservator wildlife shall decide the case of hunting, shooting, trapping, poisoning, snaring and or other offence related to damage and harm of wildlife and its habitat; 28. The offences under this Act are compoundable: Provided that no second and subsequent offence under this Act shall be compounded including the offence of encroachment, mischief and arsoning in the protected area. 29. (1) The non-compounded offence under section 26 shall be prosecuted in the manner hereinafter mentioned. (2) An officer not below the rank of Assistant Conservator Wildlife, on receipt of wildlife offence papers and being satisfied with the findings of the inquiry officer who is not below the rank of a Wildlife Inspector, shall issue prosecution sanction to concerned Investigation Officer not below the rank of Wildlife Inspector to present the case for trial in the Court. 30. Upon receipt of any such report, the Trial Court shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of property in accordance with the provisions of this Act and the Code. 31. The competent court may, for investigat ion of the offence, allow remand on the request of the officer to keep the offender under custody in a wildlife police station fo r a period of not more than ninety six hours. No second chance. Prosecution of non compounded offence. Procedure thereupon. Procedure for custody of offender. ' .. ·-.) 32. (1) Any officer not below the rank of Wildlife Inspector shall (a) seize any wildlife, dead or alive, which has been hunted, killed, captured or acquired otherwise than in accordance with the provisions of the Act; (b) seize any fire-arm, net, trap, snare, bow, arrow or any vehicle or vessel or anything whatsoever used or susp-ected to have been used in the commission of an offence under this Act. (2) Every Officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized . (3) Any officer not below the rank of Wildlife Inspector may release the seized property used in the commission of an offence, on bond or surety by nekmard of the area concerned, subject to entry in t he register to be maintained for such release and for subsequent procedure to be adopted for compounding. ( 4) The property so released shall be produced if and when required before the Magistrate having jurisdiction to try the offence on account of which the seizure is made. Seizure of property. 33. (1) The property seized under section 32 shall be liable to Confiscation of confiscation by an order in writing by an officer not below the the rank of Assistant Conservator Wildlife or equivalent Grade. property. 34. Any person aggrieved with the order passed, under \ section 33 may, within one month from the date of any order so passed, appeal therefrom to the Trial Court to which orders made by such Court are ordinarily appea lable and the order passed on such appeal shall be final. 35. When order is passed for confiscation of any property under section 33 and the period of appeal limited by section 34 has elapsed, and no such appeal has been preferred, or when, on such an appeal so preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or portion thereof, as the case may be, shall vest in Government free from all encumbrances . 36 . The officer not below the rank of Assistant Conservator Wildlife may (a) set free the confiscated healthy wildlife in the wild; (b) sale or dispose of any property seized under this Act as soon as possible which is subjected to speedy and natural decay. Right of appeal. Confiscated property vest in Government. Procedure to perishable property or live specimen. 37. Any officer not below the rank of Wildlife Inspector who finds that an offence has been committed but the offender is not known or found, may confiscate t he wildlife, live or dead or part, product or derivative thereof and the property used in the commission of the offence. 38. When any offence takes place at a time and a place that nobody could ·have witnessed, the onus of proof of not committing such an offence shall lie on the accused . 39. When, in any proceedings taken under this Act or in consequence of anything done under this Act, a question arises as to whether any specimen of wildlife is the property of Government, such property shall be deemed to be the property of Government, until the contrary is proved . 40. An Officer under this Act shall have (a) the power of a Civil Court to compel the attendance of a witness and production of documents and material objects; (b) the power to issue a search warrant under the Code; ( c) the power to hold inquiry in any offence under this Act, and in the course of such inquiry to receive and record evidence. 41. It shall not be an offence if any person has sufficient reason to kill any wildlife (predator or harmful) by any means in the immediate defense of his own life or that of any other person to the extent that (i) he shall immediately report the nearest office of the Wildl ife with brief oral and written description of situation and incidence; (ii) the killed or injured animal being property of Government shall be handed over to the Wildlife Officer: Provided that the accused shall submit proof that predator as previously ca used any harm or injury to a person, livestock or property and his action falls within the section 99 of Pakistan penal code 1860 : Provided further that burden of proven shall be upon the person claiming the exception, to prove as per Article 121 of Qanoon-e-shahadat order 1984. Procedure when Offender not known or not found. Onus of proof. Presumption that wildlife belongs to Government Power of Civil Court. Killing or capturing in self-defense. 42. (1) The Department with the previous sanction of the Value of wild Council shall, by notification in the official gazette, determine animals and fix, from time to time, the va lue of wild animals and and trophies. trophies possessed, hunted, trapped, captured, or killed in violation of any provision of this Act. \ .· .... l . ··• (2) Where any person fails to pay the value and compensation thereof under sub-section (1), he shall be liable to punishment of imprisonment doubled to that of prescribed, but not exceeding twelve months. CHAPTER-IV REGULATION OF HUNTING 43. (1) The hunting of game animals shall be regulated in the Hunting of prescribed manner. game animals. (2) The Department shall, by notification in the official gazette, declare the season in which the hunting is allowed. (3) The value of the wildlife allowed for hunting under the authorized permit shall be fixed for each animal and shall be recovered from the hunter at the time of departure from hunting ground. ( 4) No hunting shall be allowed during the breeding season. (5) Whoever contravenes the provisions of sub-section (4), shall be dealt as provided in the Third Schedule. 44. The Department shall encourage the community participation Trophy based eco-tourism and trophy hunting program and shall hunting. implement it according to the quota as fixed by Management Authority, for foreigners and locals on payment of such fees as may be prescribed. 45. Subject to sustainability of Bustard population and Allotment of conservation of habitat, Government may allot any area except areas as National Park and Wildlife Sanctuary on request of dignitary for falconry prescribed period; provided that - grounds during Hunting (a) such request is · received by Government in writing, from dignitary or his State or forwarded through Ministry of Foreign Affairs, Government of Pakistan; (b) habitat and area so allotted shall be improved, managed and maintained as required by Government; (c) the community interest and uplift shall be duly taken care; ( d) other wild flora and fauna shall be permitted to thrive; Season. 46. Government or any officer authorized by it shall have the Grant of sole prerogative to grant licenses in fee or gratis. License. 47.(1) All acts committed intentionally or un-intentionally that Prevent Cruelty hurt the wildlife amounts to cruelty to the animals and are to Wild strictly prohibited, that includes - Animals. (a) possession and use of wild animals for fighting or baiting; ( b) keeping, handling and transporting of wildlife in undersize cage, enclosures causing un-comfort to the animals; (2) The provisions of the Prevention of Cruelty to Animals Act, 1890, so far as it relates to wild animals shall also apply . 48 . No person shall use hawks for hawking or dogs for coursing the game animals except under a special license issued under this Act. CHAPTER-V POSSESSION, TRADE & TRAFFICKING OF WILDLIFE 49. No person shall be in possession of any wild animal or captive bred, dead or alive, trophy or meat, blood of wild animals unless he be in possession of a certificate of lawful possession granted in respect thereof by the officer not below the rank of Assistant Conservator Wildlife in this behalf: Provided that the certificate of lawful possession is to be obtained for each wild animal or captive bred or part thereof to be kept in possession, on payment of prescribed fee for prescribed period and shall be renewed for further period. Prohibition of hawking. Certificate of lawful Possession. 50. (1) The captive bred animals shall be allowed to be kept under a Lawful certificate of lawful possession or permit for the purpose of education, Possession. awareness, research, subject to the provisions of rules made under this Act. (2) The animals collected and kept under sub-section (1) shall be properly taken care of and be kept in conducive environment. 51. The import and export of captive breed animals shall be subject to the provisions of this Act and rules made thereunder and as per provisions of Pakistan Trade Control Act of Wild Fauna and Flora Act, 2012 (Act No.XIV of 2012). Import and export of captive breed animals. 52. Subject to the provisions of this act and rules the re-export Import and re shall be encouraged for earning foreign exchange. export. 53. No person shall t rade in captive breed animals, wildlife trophies or meat, blood thereof, or process or manufacture goods or articles from trophies or meat, unless he be in possession of a valid license issued under the provisions of this Act. 54. No person including those working in educational and research institutions, zoological museums, shall undertake taxidermy of wildlife as a profession without obtaining a taxidermy license. 55. An Officer not below the rank of Deputy Conservator Wildlife may issue orders for establishment of wildl ife check posts for the purposes of checking the wildlife or parts thereof and controlling the illegal and unlawful trade and trafficking of the wildlife in the Province. Restriction on dealing in animals, trophies or meat. Taxidermy. Power to establish check-posts. 56. (1) The Department shall encourage captive breeding of Captive native species for internal trade or export under such Breeding. restrictions and conditions as may be prescribed. (2) The Conservator Wildlife on report of Deputy Conservator may reg ister the facility for captive breeding subject to satisfaction and he may refuse registration stating the reasons therefore. (3) The aggrieved person or organization may file a revision application to the Department, whose decision on such application shall be final. CHAPTER -VI DUTIES AND POWERS 57. The Department with the previous sanction of the Delegation of competent authority may, by notification in the official Gazette, powers. delegate all or any of its powers vested under the Act, to officer of any other departm ent for the purpose of this Act. 58. (1) On detection of wildlife offence, a Wildlife officer not Procedure of below the rank of Wildlife Sub-Inspector shall - offences (a) lodge first offence report (FOR); (b) submit a copy of FOR or any proceedings under this Act to District Wildlife Officer (or officer of equivalent grade, in his absence); and enquiries. .. , ., 1 : (2) the authorized Wildlife officer shall (a) seize any wildlife, dead or alive, which has been hunted, killed, captured or acquired otherwise than in accordance with the provisions of the Act; (b) seize any fire-arm, net, trap, snare, bow, arrow or any vehicle or vessel or anything what-so-ever used or suspected to have been used in the commission of an offence under the Act; 59 . An Office,· not below the rank of Wildlife Inspector shall Public deemed to be a public prosecutor as provided within the meaning Prosecutors of section 492 of the Code. 60 . Upon receipt of prosecution in accordance with the Power to try ~ provisions of this Act and the Code the Trial Court specially offence empowered in this behalf shall try summarily. summarily 61. In case of confiscation of a specimen of a wildlife originating from another territory falling under the purview of Convention on International Trade in Endangered Species of wild flora and fauna, the Conservator, Wildlife Sindh or any officer authorized in t his behalf may through Ministry of Foreign Affairs return the confiscated specimen to the territory of origin or the country of export or origin or may gift or sell to any registered zoo, aviary, zoo-cum-botanica l garden or captive breeding facility in the country or abroad on such condit ions as deemed fit. 62 . Notwithstanding anything contained in t h is Act or any other law, fo r the t ime being in force, the Conservator Wi ldlife, Sindh or any other officer authorized in this behalf may (a) set free the confiscated healthy wildlife in the wild, in a transparent manner, preferably in controlled and well maintained wild life protected areas; (b) sell or dispose off any property seized under this Act as soon as possible which is subjected to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been confiscated, subject to keeping full record of each such case. Power to Dispose CITES and foreign origin case Property. Power to Dispose off Case Property ( other than compounded). 63. The officer not below the rank of Assistant Conservator Power to Wildlife may sanction as reward the 1/4th of t he amount real ized Sanction as compensation, value and fine, to the officials and person who Rew ards. performed extra-ordinary in detection, registration or disposal of an offence . ., \': ·. \ \ 64. (1) The Office not below the rank of wildlife inspector Wildlife Police. shall deemed to be a wildlife police station for the purpose of this Act. (2) The field formation of Sindh Wildlife Department from BS-5 to 20 shall deem to be wildlife protection police for the purpose of this Act. 65. Notwithstanding anything contained in this Act, the Power to sell Department may, for scientific management, sustainable use, or exchange. allow sale or exchange of wild animals or captive bred from any wildlife breeding farm, wildlife park, safari park, zoology garden or zoo. 66. The Department, with the previous ss:rnction of the competent authority, by notification, in respect of any specified area may (a) add to or exclude from the Schedules any wild animal or captive bred, subject to such conditions as it may impose in each case; (b) alter the period during which any wild animal or captive bred specified in the Second Schedule may be hunted. CHAPTER-VII MISCELLANEOUS PROVISIONS 67. The Department shall, in accordance with its particular conditions and capabilities, adopt such appropriate measures and meet such goals, obligations, targets, conventions, articles, protocols, resolutions, appendices and specimens in pursuing the objectives of Multilateral Environmental Agreements to which Government of Pakistan is signatory or instrument and specifically related to wildlife and biological diversity, in whole or in part. 68. The protection to the wildlife of other Provinces, territories and countries shall apply mutatis mutandis as to the protection of wildlife to the Province of Sindh. Power to add to or exclude from Schedule. Multilateral Environmental Agreements. Trans boundary protection. 69. Confiscated CITES species of wild flora and fauna, shall be CITES species repatriated and or handed over to country of origin on request via repatriation. CITES management authority of Pakistan. 70. The exotic species of fauna and flora which may threaten Prevention of the ecosystem and indigenous population shall be prevented. exotic species · .• ; . . i 71. Whosoever contravenes or attempts to contravene the Punishment. provisions of this Act or the rules and regulations made thereunder shall be punishable as provided in Third Schedule. 72. Nothing conta ined in this Act shal l prevent from Prosecution prosecuting any wildlife offender under any other law for any of u nder other his act or omission which also constitutes as an offence under Laws. this Act or under any other law to award any higher punishment or penalty than under this Act. 73. (1) An abetment of any offence under this Act shall be Abetment of punishable in accordance with the provisions of this Act and the offence and Cod e. interference in duty. (2) No person sha ll interference in govern ment duty for t he purpose of this act anyone who contravenes shall be dealt in accordance with the provisions of this Act and Code. 74. The council shall determine the rate of compensation of Determination wildlife and trophies, inter alia, possessed, hunted, t rapped, of the Valu e captured, or killed in violation of any provision of this Act . 75. (1) The imprisonment fo r the non-payment of Imprisonment compounding, amount of t he wildlife offence sha ll run for consecutively after the service of term of imprisonment non-payment imposed. of value and (2) The term of imprisonment in case of sub-section ( 1) compensation . shall be calculat ed at the rate of one day for five hundred rupees of the penalty imposed. (3) Any sum of amount due under the provision of this Act shall be recovered as arrears of land revenue under the Sindh Land Revenue Act, 1967. 76. A person who commits any of the acts prohibited under Forest Act, the Forest Act, 1927, in a protected area shall be deemed to be 1927 to apply. an offender under this Act and the penalties provided in the Forest Act, 1927 shall mutatis mutandis apply. 77 . The provisions of the Cattle Trespass Act, 1871 relating Cattle Trespass to th e cattle trespassing and grazing in the protected area(s) or Act, 1 8 71 to in any portion of a protected area(s) which has been lawfully apply. closed to grazing, shall apply mutatis mutandis to this Act. 78. The Department may, by notification, direct that in lieu of Powers to alter the fines fixed under section 12 of the Cattle Tress Pass Act, fines. 1871, the owner or occupant of the cattle impounded, shall pay the fines as Department deems appropriate but such fines shall not exceed the following amounts: (i) for each buffalo or camel One t housand rupees (i i) for each horse, mare, gelding , Five hundred pony, rupees. (iii) colt, filly, mule, bull, bullock, One thousand cow or Heifer. rupees (iv) For each calf, ass, ram, ewe, Two hundred sheep. rupees (v) Lamb or goat. One thousand rupees 79. Every Police Officer, Rangers Officer, Coast Guard, Marine Security Agency and Custom Officer, Forest Officer shall, upon request made by any officer or person authorized under this Act, assist him in the due discharge of his duties under this Act. Duty of Police Officer & Custom Officer 80. Except with the permission in writing by Government, no Officer not to Officer shall, as principal or agent, trade in wildlife animal and trade. products, whether in or outside Pakistan. 81. The officer of the department for the purpose of this Act shall Public servant. be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860). 82 . No suit, prosecution, or other legal proceedings shall lie Indemnity. against the Council, officers, staff and persons authorized to carry out the purposes of this Act, in respect of anything in good faith done or intended to be done under this Act or the rules made thereunder. 83. (1) Government may, by notification in the official gazette, Power to make make rules for carrying out the purposes of this Act. rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a) regulation of hunting; (b) revision of powers and duties of authorized officer(s) and delegation of the powers; (c) fixation of the fees to be charged for any certificate of lawful possession, t rading and translocation of wild or captive bred animals, licence or permit for import and export of wildlife or captive bred and birds or special licence or special permit; ~:\ .. : ) · · -,~ l (d) formulation of code of conduct for conservation and sustainable falconry of houbara bastard in Sindh under Houbara Conservation and Community welfare programs; ( e) harvesting of non-timber forest produce, timber and the granting of licences to the inhabitants of towns and villages in the vicinity of protected area to take biological or other produce for their own use, on the production and renewa l of such licences; (f) fixation of the number of mature and over-mature males of Ibex, Urial or any other animal mentioned in Second Schedule to be hunted under trophy hunting program and allocation of quota and fixing of fees thereof for foreigners and locals; (g) settling the terms and conditions for issuance of certificates, permits, licences and related form and proforma used in dealing the wildlife; · (h) preparing the management plans and guidel ines for sustainable use of wildlife and other biological resources in designated protected areas, specifically National Park, Strict Nature Reserve and Wildlife Sanctuary; (i) registration of Wildlife Conservation NGOs', Community Organizations, Village Conservation Committees, Societies, Associations and Wildlife Clubs; (j) preparation of manuals for establishment and management of captive breeding facilities, Wildlife Park and Aviary, Zoo and Private Wildlife Farming and hunting grounds and reserves; (k) delegati on of the authorities by whom, and prescribing the conditions and the manners in which, licenses may be issued; (I) promoting and regulating the Ecotourism as an Industry. (m) granting of rewards and awards. (n) the examination of biological produce passing out of such areas; (o) the protection of all biotic and abiotic assets of area from fire; (p) the clearing and breaking up of land for cult ivation or other purposes in such area; (q) the cutting of grass and pasturing of cattle in such areas; (r) killing, hunting, shooting of animals, fishing, poisoning water and setting traps or snares in such areas; (s) the exercise of legitimate ,·ights of local inhabitants ; and (t) any other ru les as may be required to be made under the provisions of this Act; 84. Nothing contained in this Act shall prevent from prosecuting any wildlife offender under any other law for the time being in force, any of his act or omission which also constitutes as an offence under this Act or under any other law to award any higher punishment or penalty than under this Act. 85. (1) The Department with th e previous approval of t he Council shall, by notification in the official gazette, determine and fix from t ime to time, the value of wildlife and trophies possessed, hunted, trapped, captured, or killed in violation of any provision of this Act; (2) In case of any confiscation of the wildlife of native or exotic origin where compounding va lue is not fixed, the officer not below the rank of Deputy Conservator Wildlife or equivalent shall compound the offence. f., fil 86. The Department shall determine through a committee of \!I experts, the value of loss to habitat caused as a result of any habitat owned by Government, to be recovered; and same amount shall be utilized for improvement thereupon. Punishment and penalty of the offences provided under any other law Value of wildlife and trophies Value of loss or degradation of habitat , i. development activity of important nature, oil spill in coastal waters, flood disaster, un-authorized land use in a protected area orwildlife 87. (1) No person shall display unlawful possession of protected Prevention of animals, illegal hunt, and illegal trade advertisements on Wildlife through the means of social media. Cyber Crime (2) Any person contravenes the prov1s1ons of sub-section (1), shall be punishable with imprisonment upto six (6) months or fine as may be determined by the Court. 88. ( 1) The Trial Court shall take cognizance of offence under this Act upon receiving the Challan accompanied by criminal prosecution sanction issued by officer not below the rank of Assistant Conservator Wildlife as the case may be or upon first offence report (FIR). (2) The offence punishable under this Act shall be tried summarily by the Trial Court. Taking Cognizance by Trial Court ·. "'\· · · 89. The following offences shall be deemed to be included in the offences Schedules:- deemed to be included in the (i) series of acts made punishable by special and general law for Schedules. unlawful hunt shall be deemed to be part of schedule; (ii) any attempt, abetment, harbour, unlawful assemble, rioting, affray for hunting without lawful permit or hunting in prohibit season or in a prohibited area or hunting prohibited non-human shall be an offence under this Act; (iii). any assault or criminal force upon wildlife Officer on duty under this Act to deter such public servant from discharge or his duty by any person; (iv) any mischief or Arso·n to the habitant, any tree, any natural atmosphere/living of and wildlife animal or any public or private property before, during or alter any lawful or unlawful hunt; (v) causing any explosion during any lawful or unlawful hunt; (vi) using illegal or unlawful arms in a lawful hunt. 90. ( 1) The Sindh Wildlife Protection Ordinance, 1972, Repeal and hereinalter referred to as the repealed Ordinance is hereby Saving. repealed. (2) Notwithstanding the repeal under sub-section (1), all actions taken, obligation, liability, penalty or punishment incurred; inquiry or proceedings commenced, officer appointed or person authorized, jurisdiction or power conferred, rules made, and licences, permits or orders issued under the provisions of the repealed Ordinance shall be deemed to have been val idly taken, incurred, commenced, appointed or authorized, conferred and rules made shall continue to be in force until altered, amended or repealed. (3) Notwithstanding anything contained in the previous notifications, official memorandums and West Pakistan forest rules shall be protected under th is Act until the same or riot specifically debarred. BY ORDER OF THE SPEAKER PROVINCIAL ASSEMBLY OF SINDH G.M.UMAR FAROOQ SECRETARY PROVINCIAL ASSEMBLY O f SINDH FIRST SCHEDULE PROTECTED ANIMALS (see section 2(1i) The following wildlife are declared as protected until otherwise as per provisions of this Act; (i) All game animals when immature. (ii) All females of game animals when: (a) pregnant; (b) suckling or feeding young ones; and (c) accompanied with immature offspring. (iii). Ungulate mammals; (iv) 1 Sind Wild Goat 2 Urial 3 Chinkara Gazelle 4 Hog Deer Capra aegagrus Ovis orientalis Gazella gazelle Axis porcinus. Carnivore and Omnivore mammals; 1 Leopard Panlhera pardus. 2 Grey Wolf Ganis lupus 3 Caracal Fe/is caraca/ syn. Caraca/ caraca/ 4 Desert Cat Fe/is silvestris /Fellis /ibyca 5 Fishing Cat Prionailurus vaverrinus 6 Jungle Cat Fe/is chaus 7 Small Indian Civet Viverricu/a indica 8 Beech or Stone Martes foina Marten 9 Striped Hyena Hyaena hyaena 10 Honey Badger/ Mellivora capensis Ratel 11 Spiny Ant Eaters Manis crassicau data including Pangolin 12 Long-eared Hemiechinus aurilus Hedgehog 13 Red Fox Vulpes vulpes 14 Smooth Coated Lutra perspicillata Otter 15 Small Indian Civet Viverricu/a indica 16 Common Mongoose Herpestes edwardsi Sindhi Jungli Bakra/Ter, Pashin, Pachin, Sarah Urial / Hurian, Shah Kohi, Koch, Garand, Gad Hiran, Chinkara/ Kal-punchh Gora Hiran, Chilka Hiran, Chiatica, Abdu. Ask, Phaskela, hea Cambal Gajar, Onsahkai Haran, Har Phara, Pharho Tendwa, Cheeta, Bagh, Suh, Chito Bharria, Baghar Siah-gosh, Ech, Harwullo Sahrai billi, Rann billo Machhli khore billi, Fehai billo Jungli billi, Jhangrar billo Phawwi Khastoori billo Lagar Bagar, Charakh Bijoo, Gorpat Choonti khore, Chhalo miro Jaho chuha, Jaho Lal Loamri, Lomer, Lokar Ludher, Ludra Udni, Ludhrhoo Neaola, Nore :- ,.; (v) The Primate mammals such as Dolphins, Whales, Sharks, Dugong whether found in fresh waters or marine waters. (vi) Herbivore mammals; 1 Wild Ass 2 Blue Bull 3 Eastern Grey Squirrel 4 Black Buck (vii) Ducks; 1 Marbled Teal 2 Ferruginous Duck 3 Spot-bill Duck 4 Cotton Teal Equus hemionus khur Boselaphus tragocamelus Sciurus carolinenis Antelope cervicapara Marmaronetta angustirostris Ay/hya nyroca Anas poeci/orhyncha Nettapus coromandelicus Gor khar, Jangli gadha Nil Gai Surmai Gulahri Kala hiran, Karo haran Choti Batakh, Degosh miri jhalai Kurchia, Bidnoon HanHanjar Batakh/ Garmpai, Gugral, Hampur, Hangro, Hanjar Bali Hans / Giri, Garria, Kalaichiklo (viii) All individuals of water bird species such as Herons, Egrets, Flamingos, Pelicans, Ibis, Storks, Grebes, Plovers, Lapwings, Geese, Swans and Sandpipers; (ix) All individuals of Raptor species such as Hawks, Buzzards, Eagles. Harriers, Ospreys, Vultures, Kites, Falcons and Kestrels; (x) All individuals of following other bird species: 1 2 3 Owls Woodpeckers Starlings 4 Alexandrine Parakeet Ulloa Hudhud, Tarkhaan Tiliar (xi) The Pheasants, Chakur and Partridge of family PHASIANIDAE including the following: 1 Common Peafowl Pavo cristatus 2 Black Partridge Francolinus francolinus 3 Chukor Partridge E/ectoris gracea 4 Western Horned Tragopan melanocephalus Tragopan (xii) All Cranes, Bustards and Pigeons (xiii) All members of Reptile group that includes: (a) Crocodiles (b) Gharial (c) Snakes (d) Lizards (e) Skinks / Lacertas, and Monitor Lizards (f) Marine Turtles (g) Fresh Water Turtles More, More Kala Titar/ Tetra, Kais Titar, Karo Titra Chukor, Chakur, Chukra, Khonk Charu, Zerk, Chakor Dana Geer (h) Tortoises (xiv) All Corals found in the coastal belt or marine waters of Sindh. 1 ~ 3 i ) 3 7 3 3 0 1 2 3 4 5 SECOND SCHEDULE GAME ANIMALS (See section 2(xxxi). The following Wildlife are permissible to be hunted, until otherwise as per provisions of this Act; (a) prescribed permit (ordinary or special) issued by authorized officer is in possession of hunter himself (b) found in Non-Protected areas declared and notified as open for hunting (c) hunting is carried out during prescribed open season and open days of the week of the specific season (i) Ducks Lesser Whistling Teal Dendrocygna javanica Silahli Ruddy Shel Duck or Brahminy Duck Tadorna ferrginea Surkhab, Chakwa, Lal Surkhab Common Shel Duck Tadorna tadorna Safro Chakwa, Safed Surkhab Pintail Anas acuta Sanh, Sikhpar, Oiqosh Common Teal Anas crecca Keraputari, Suchuruka, Huraro 151 Saturday of Mallard Anas p/atyrhynchos Chaka, Nilsar, Nilrugi Not more than Anas fa/cate Chotiya, Wano hurwa 15 Ducks of all October to Last Wigeon Anas penelope Peasan, Partarui, Lalsar species per day Sunday of Garqanev Anas querquedula Chai Putari February Shoveller Anas c/ypeata Tidari, Punana, Tarakwala, (Saturday & Ghira Sunday only) Red-crested Pochard Neita rufina Lalsar Common Pochard Aythya ferina Burarna, Thurhandao. White-eyed Pochard Aythya nyroca Karachiya. Burar Mada, Lalbiqri Budha Tufted Duck Avthva fu/iqufa Dubara, Abtak Bohwara Goosander Mergus merganser (ii) Coots and Moorhens 16 Coot Fulica alra Khushkal Dasari, 15 only per day 1s1 Saturday of Kanramdab October to Last 17 White-breasted Moorhen Amaurornis Dawak, Pampaira, Kuraki Not more then 4 Sunday of phoenicurus Kahao of all species February 18 Moorhen Gallinula ch/oropus Jal Murghi/ Dakabpairs perday Kahao (Saturday & 19 Purple Moorhen Porphyrio porphyrio Kaim, Kulanq,Cairo, Kahao 02 only per day Sunday only) (iii) Plovers, Sandpipers, Snipe and certain other Waders 20 White Tailed Lapwing Charadrius Leucurus Titiri, Titihar/Titoo 02 only per day 21 Lapwing Vanel/us vanellus Rodhur, Shaz Tittj, Titihar/Titoo Not more then 2 22 Red-wattled Lapwing Vanel/us indicus Tita, Titori, Tatechar, of all species 1 st Saturday of Titihar/Titoo perday October to Last 23 Yellow-wattled Lapwing Vanellus Zirdi, Jithiri, Titihar/Titoo Sunday of malabaricus February 24 Eastern Golden Plover Pluvialis dominica Titiri I Sona Satan, Not more then 6 25 Fantail Snipe/ Common Snioe Gal/inaqo qa/linaqo Chaha / Pakhi, Jalari, Chaho of all species (Saturday & 26 Pintail Snipe Gallinago stenura Chaha / Pakhi, Jalakri, per day Sunday only) .• 1 Kadakhocha, Chaho 27 Jack Snipe Lymnocryptes Chaha / Choto Chaha, Asraf minima Pak, Chaho 28 Painted Snipe Rostratula Chaha / Rajchaha, Baggargi, bengha/ensis Chaho (iv) Stone Curlews or Stone Plovers 29 Stone Curlew Burhinus Lambi Karakwanak, Basirl 05 only per day 151 Saturday of oedicnemus October to Last Sunday of February (Saturday & Sunday only) (v) Partrid~es and Quails 30 Seesee Partridge Ammoperdix Kuckie, Chauklau, Siai, Sissi Not more then 15111 November ariseoaularis five of all to 15th February 31 Grey Partridge Franco/in us Bhoora Titar, Bagro species per day on Sunday only pondicerianus 32 Rain Quail or Black Breasted Quail Cotumix Batair, Bataira Not more then 2nd Saturday of coromandelica fifteen of all August to 2nd 33 Quail Cotumix Cotumix Bataira, Batair species per day Sunday of September (Saturday & Sunday only) (vi) Sandgrouses 34 Indian or Chestnut Bellied P/eroc/es exustus Bhat titar, Gero Bakht, Bakh 1s1 Saturday of Sandgrouse October to Last 35 Spotted Sand Grouse P/eroc/es senegallus Not more then Sunday of 36 Imperial or Black Bellied Sand P/eroc/es orien/a/is Bhat Titar, Gero Bakht, Bakh six of all species February Grouse perday 37 Coronetted or Crowned Sand P/erocles corona/us Bhatta, Bal (Saturday & Grouse Sunday only) 38 Close-barred or Painted Sand P/eroc/es indicus Harisia, Sina Oukru Grouse (vii) Pigeons and doves 39 Rock Pigeons and other species of Pigeons commonly Kabootar 2nd Saturday of found in the Province excluding Imperial Pigeon, Pin-tailed Not more then August to 2nd Pigeon and Green Pigeon six of all species Sunday of perday September 40 All species of Doves commonly found in the Province Fakhta, Ghero (Saturday & Sunday only) (viii) Mammals 41 Cape Hare Lepus capensis Khargosh, Sahoo Note more then 1s1 Saturday of 42 Indian Hare Lepus nigricol/is Khargosh, Sahoo three hares of all September to species per day last Sunday of 43 Wild Boar Sus scrofa Khanzeer, Suwar, Suarr, Five only per March Merun one special (Saturday & permit Sunday only) THIRD SCHEDULE PUNISHMENT (see section 71) PART (A) Of Protected Areas Sr.No. Offence Whether wildlife Whether Whether bailable or not Punishable under the Act Officer can arrest compoundable without warrant or not Contravention of clause (a)of sub-section (1) of section 9 Yes Bailable Imprisonment of either 1. hunting, shooting, killing, injuring, trapping, snaring and Yes description up to 05 yearswith poisoning of wild animals found therein and, fine up to rupees Two lac fifty I thousand. " Contravention of clause (b) of sub-section (1) of section 9- Imprisonment of either I -Do- Non bailable I 2. polluting, poisoning, draining or diverting the water Not description up to 05 years with : ; ; resource for the purpose other than the purpose which is fine up tofive lac fifty thousand ,l essential for health of wildlife, rupees Contravention of clause (c)of sub-section (1)section 9 Bailable Imprisonment of either 3. cutting, girdling, damaging, injuring or destroying floral -Do- Yes description for 06 months with resources or burning and collecting the plants or part fine up to rupees Fifty I thereof; thousand. ' Contravention of clause (d) of sub-section (1) of section 9 Non bailable Imprisonment of either 4. - damaging the infrastructure and culturally significant Do- -Do description up to 05 years with natural structures, defacing, counterfeiting the boundary fine up to rupees Five lac. ' marks or breaking the land for mining, encroachment, cultivation or chanqinq the land use, Contravention of clause (e) of sub-section (1) of section 9- Imprisonment of either 5. breaking the land for oil and gas exploration, seismic and -Do- -Do- Non ba ilable description up to 06 years with or any kind of survey, drilling, fine up to rupees Ten lac with value of loss as determined ,, (u/s section 90) ';/ .... Contravention of clause (f) of sub-section (1) of section 9- Imprisonment of either f 6. drilling, kindling fire or abate in setting fire; -Do- -Do- Non ba ilable description up to 06 years with ' fine up to rupees One lac. Contravention of clause (g) of sub-section (1) of section 9 Bailable Imprisonment of either 7. -Grazing, fishing, trespassing; -Do- -Do- description up to 06 months with fine up to rupees Fifty thousand. Contravention of clause (h) of sub-section (1) section 9 Do- -Do- Bailable Imprisonment of either 8. blowing pressure horn and playing electronic instruments such as description up to 03 months television, radio or rape recorder causing noise and car racing or with fine up to rupees Twenty other noise related sperts; thousand. I Contravention of clause (i) of sub-section (1) of section 9 - Imprisonment of either 9. quarrying, causing or fashioning of natural stones, Do- -Do- Non bailable description up to 03 months •/ exoloration and exoloitation of mines and minerals· with fine up to rupees Ten lac. ;i ., .. ., ~ ·, ,/' THIRD SCHEDULE PUNISHMENT (see s~ction 71} PART (B) Sr.No. Offence Whether wildlife Whether Whether bailable or not Punishable under the Act Officer can arrest compound without warrant able or not OFFENCE 1. Contravent ion of Section 21 No person shall: a) Hunt, kill; bailable Imprisonment of either 10. (a mammal) Yes Yes description up to 05 years with fine up torupees Two lac fifty thousand. 1) trap, capture, Yes Imprisonment of either 11. (a mammal) Yes Bailable description for 01 year with fine up to rupees One lac. 2) smuggle; Yes Yes bailable Imprisonment of either 12. (a mammal, bird & reptile) description for 03 year with fine up torupees five lac including value per head as determined according to rules prescribed. 3) possess and trade in wild Animals or parts thereof Yes Yes Bailable Imprisonment of either 13. unless permitted; description up to 01 year with (a mammal bird & reptile) fine up to rupees One lac. a. Hunting of animal other than wi ld boar with use of Yes Yes bailable Imprisonment of either 14. dogs; description up to 05 years with fine up to rupees Two lac fifty thousand. HUNTING OF BIRDS 02. a) Black Partridge Yes Yes Imprisonment of either bai lable description up to 03 months with fine up to rupees five thousand per head. b) Peafowl, Pheasants, Chakors Yes Yes Imprisonment of either bailable description up to 03 months with fine up to rupees five thousand per head. c) Grey Partridge, see-see, quail, Alexandrian Yes Yes Imprisonment of either Parakeet; Pigeon and all other live small game bailable description up to 03 months animals or trophy thereof with fine up to rupees five thousand per head. d) Houbara Bustard. Yes Yes bailable Imprisonment of either description up to 03 months with fine up to rupees five thousand per head. 03. Waterfowls Yes Yes bailable Imprisonment of either description up to 03 months Ducks, Coots and moorhens, Plovers, Sandpipers, with fine up to rupees five Snipes, Lapwings, Waders and Curlews thousand per head. Herons, Egrets and Grebes Flamingos, Pelicans, Ibis and Storks Cranes Sr.No. Offence Whether wildlife Whether Whether bailable or not Punishable under th e Act Officer can arrest compound without warrant able or not 01. UNLAWFUL POSSESSION OF THE WILD ANIMALS AS LIVE OR TROPHIES (OTHER THAN TRADE) CONTRAVENTION OF SECTION-49 Any live animal or trophy thereof found in transit without Yes Yes Yes Imprisonment of either legal documents shall be seized in the first instance and description up to 03 months may be released, provided; with fine up to rupees five a) Valid certificate of lawful possession (CLP) thousand per head. or evidence of gift, transfer or purchase, is provided. b) Expired CLP is renewed on payment of prescribed fee c) Prescribed value and fine is paid in lieu of obtaining CLP 02. Common Birds Yes e) Black Partridge, a Bird of Sindh Yes Yes Imprisonment of either bailable description up to 03 months with fine up to rupees five thousand per head. f) Peafowl, Pheasants, Chakors Yes Yes bailable Imprisonment of either description up to 03 months with fine up to rupees five thousand per head. g) Grey Partridge, see-see, quail, Pigeon and all Yes Yes bailable Imprisonment of either other live small game animals or trophy thereof description up to 03 months with fine up to rupees five thousand per head. Turtle and Tortoises Yes Yes bailable Imprisonment of either description up to 03 months with fine up to rupees five thousand per head. ,' 03. all other animals. Yes a. MamalsBirds of all kinds Yes b. Monkeys Yes c. Bear Yes d. Snakes Yes e. Lion / Leopard Yes 04. Unlawful! possession of exotic origin i.e from (other provinces or countries found in unlawful possession Punishment shall be equivalent to that of similar kind Yes found in the province and included in the list of Third Schedule. a. Other Birds b. Other Mammals C. Reptiles. ,, ~ Yes bailable Yes bailable Yes bailable Yes bailable Yes bailable Yes bailable Yes bailable Yes Bailable Imprisonment of either description up to 03 months with fine up to rupees five thousand oer head. Imprisonment of either description up to 03 months with fine up to rupees five thousand oer head. Imprisonment of either description up to 03 months with fine up to rupees five thousand oer head. Imprisonment of either description up to 03 months with fine up to rupees fifty thousand per head. Imprisonment of either description for 03 months with fine Rupees five thousand Imprisonment of either description for 03 months with fine Rupees one lac per head. Imprisonment of either description for 03 months with fine Rupees fifty thousand per head. Imprisonment of either description for 03 months with fine Up to Rupees fifty thousand per head. r .. ) , .. , ~-..) , ...( PART (C) Sr.No. Offence Whether wildlife Whether Whether bailable or not Punishable under the Act Officer can arrest compound without warrant able or not Unlawful Trade (lm[1ort and Ex[1ort) Yes Yes Bailable Imprisonment of either description for 03 months with fine Rupees fifty thousand per head not less then five thousand per head. Taxidermy Yes Yes Bailable Imprisonment of either description for 03 months wi th fine up to Rupees fifty thousand per head not less then five thousand per head. Contravention of section 47 Yes Yes Bailable Imprisonment of either Cruelty to animals intentional or other-wise description for 03 months with fine Rupees fifty thousand per head. Bear baiting Yes Yes Bailable Imprisonment of either description for 03 months with fine Rupees one lac per head. Contravention of section-73 Yes Yes Non bailable Fine Rs: 100,000; Interference in duty and abetment. 5 year imprisonment or both Contravention of section-11 Yes Yes Fine Rs: 100,000; Non bailable 5 year imprisonment or both Denial or laxity in providing assistance to wi ldlife officers. Contravention of section 11 Yes Yes Nonbailable 01 year imprisonment or (lack of initiative and cooperation in extinguishing fire) both; Contravention of section 41 (killing in self defense) Yes Yes Nonbailable Fine Rs. 500,000 05 year imprisonment or both ,. · •. I \ \ ~. ·,