State of Gujarat - Act
Gujarat Wild Animals and Wild Birds Protection Act, 1963
GUJARAT
India
India
Gujarat Wild Animals and Wild Birds Protection Act, 1963
Act 32 of 1963
- Published on 30 May 1963
- Not commenced
- [This is the version of this document from 30 May 1963.]
- [Note: The original publication document is not available and this content could not be verified.]
- [Repealed by Wild Animals and Wild Birds Protection (Repeal) Act, 2004 (Act 15 of 2004) on 26 May 2004]
An Act to make adequate provisions for the protection of wild animals and birds in the State of Gujarat.It is hereby enacted in the fourteenth Year of the Republic of India as follows:-* [Received the assent of the President on 30th May, 1963 and published in the "Gujarat Government Gazette" on the 6th June 1963]Chapter-I - Preliminary(2)It extends 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. (a)‘Animal and Bird’ include the young animals or birds, as the case may be; (b)‘Big Game’ means any animal specified in Schedule III or IV; (c)‘Game’ means any animal or bird specified in Schedule II, III or IV; (d)‘Game Officer’ means any Officer, warden or servant appointed or authorised for any of the purposes of this Act; (e)‘hunt’ means to hunt, kill or capture any animal or bird by any method and includes every attempt to kill or capture it or to take or destroy any part of its body or eggs or nest or to disturb its eggs or nest; (f)‘licence’ means a licence granted under this Act; (g)‘meat’ includes fat, blood, flesh and bones; (h)‘permit’ means a permit granted under this Act; (i)"prescribed" means prescribed by rules; (j)‘rules’ means rules made under section 49; (k)‘Schedule’ means a Schedule appended to this Act; (l)‘Small Game’ means any animal or bird specified in Schedule H; (m)‘trophy’ means the durable part of an animal or a bird which has been preserved by any means whether natural or artificial, and includes the head or horn, tooth, tusk, bone, claw, hoof, skin, hair, feather, eggs or nest of any bird, but does not include any article manufactured from any such part of the animal or bird as aforesaid; (n)‘vermin’ means any animal or bird specified in Schedule I and includes any animal or bird declared to be vermin under section 19. (2)The honorary Game Warden shall ordinarily hold office for a period of three years:Provided that the State Government may terminate his tenure of office at any time without assigning any reason. (3)The Game Wardens and other officers and servants appointed under this section shall be subordinate to the Wild Life Preservation Officer. (2). The Wild Life Preservation. Officer shall be the Secretary of the Board. (3). The members shall ordinarily hold office on such terms as to tenure and vacation of office as the State Government may determine:Provided that the tenure of office of any member may be terminated by the Government at any time without assigning any reasons. (4)The members shall be entitled to receive such allowances in respect of expenses properly incurred in the performance of their duties as the State Government may determine:Provided that the receipt of such allowances by the representatives of the Gujarat Legislative Assembly shall not be deemed to make them holders of an office of profit under the State Government. (1), in the selection of areas to be declared as game sanctuaries; (2)in ??? the policy in granting licences and permits under this Act and administration of Game Sanctuaries; (3)in the matter of framing rules under section 49; and (4)on any other matter connected with the preservation and protection of animals and birds which may be referred to it by the State Government. (2)The procedure (including the quorum) of the Board shall be such as the Board may, by by-laws made in this behalf, determine.Chapter-III - Hunting of Animals and birds (2)The application may be made for any or all of the following kinds of game licences, namely:-(a)Small Game Licence, (b)Big Game Licence, (c)Special Big Game Licence, (d)Pet Animals (Possession) Licence, (e)Pet and other Animals (Trapping) Licence. (3)On receipt of an application and after making such inquiry as he may deem necessary the Wild Life Preservation Officer or the authorized officer may, subject to any general or special orders of the State Government, grant or refuse to grant the game licence without assigning any reasons when a game licence is refused the fee paid therefor shall be refunded to the applicant. (4)Every game licence granted under this section shall ordinarily be valid for such period as may be prescribed. (2)When any game is killed or captured by the holder of such licence, he 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 Preservation Officer or to any other officer authorized by the State Government in this behalf the prescribed particulars of the animal or bird killed or captured by him. (3)Not later than fifteen days after the expiry of his licence, the holder ball surrender his licence to the Wild Life Preservation Officer or the authorized officer and shall sign a declaration in the prescribed form certifying the accuracy of the record of the game killed or captured by him. (i)scientific research; (ii)collection of specimens for zoological gardens, museums and similar institutions; and (iii)killing of such animals and birds as are a source of serious menace to human life or property. (2)In the case of an order passed in appeal by the Wild Life Preservation Officer under sub-section (1), a second appeal shall lie to the State Government. (3)Subject as aforesaid, every order passed in appeal under this section shall be final. (4)An appeal under this section shall be filed within 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 sufficient cause for not preferring the appeal within, time.B.-General. (2)Nothing contained in sub-section (1) shall apply to the hunting of vermis.Chapter-IV - Game Sanctuaries (1)the Collector shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894; (I of 1894) (2)the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act; (3)the provisions of the preceding sections of that Act shall be deemed to have been complied with; (4)the Collector with the consent of the claimant, or the Court, with the consent of both the parties, may award compensation in land or partly in land and partly in money, and (5)in the case of the stoppage of a public way or a common pasture the Collector may, with the previous sanction of the State Government, provide for a substitute public way or common pasture, as far as may be practicable or convenient. (2)No person shall use a motor car, motor launch or air craft, for the purpose of killing, driving or stampeding game. (3)No person shall hunt any game with nets, snares, pit-falls, poison or poison-weapons; except in defence of human life or property, and except in so far as it relates to capture of animals and birds under a licence of the kind specified in clause (e) of sub-section (2) of section 11. (4)No person, shall, for the purpose of hunting, set fire to any, vegetation. (5)No person shall use any artificial light for the purpose of hunting, except in the case of carnivora, over a kill. (6)No person shall hunt any game during the hours of night i.e. one hour after sun-set end one hour before: sun-rise except, by sitting; over, as kill in, the case of carnivora. (7)No person shall hunt any game on a salt-lick or water hole or other drinking place or on a path and approach to one except for and grouse and water birds. (8)No person shall hunt any game on any land of private ownership, with-out the consent of the owner or his agent or the lawful occupier of such land. (9)No person shall, notwithstanding that he holds a game licence for the purpose, hunt any game during the closed time. (10)Nothing in the foregoing provisions of this section shall apply to shooting duck with the use of an out-board motor or of killing animals and birds which have become a source of serious menace to human life or property. (1)stating that it has been decided to declare such area to be a game sanctuary; (2)specifying as nearly as possible the situation and limits of such area, and (3)directing the Collector to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over the land comprised within the limits of such area and deal with them as provided in this Act.Explanation.-For the purpose of this section, it shall be sufficient to describe the area by roads rivers, ridges or other well-known or readily intelligible boundaries. (a)specifying as nearly as possible, the situation and the limits or the proposed game sanctuary; (b)fixing a period of not less than two months from the date of such proclamation, and, requiring, any person claiming any right mentioned in section 21 or section 22 within such period either to present to the Collector a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof. (a)exclude such land from the limits of the proposed game sanctuary, or (b)come to an agreement with the owner thereof for the surrender of his rights, or (c)proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894. (a)any public servant on, duty; (b)any person who ordinarily resides within the limits of a sanctuary; (c)any person who has any rights over, immovable property within the limits of a sanctuary; (d)any person passing through a sanctuary along a public highway; (e)the dependants and servants of the above persons, shall enter or reside in a game sanctuary, except under a permit and in accordance with the conditions of the permit granted under section 30.(2)A permit to enter, or reside in the sanctuary shall be issued subject to such conditions as the Wild Life Preservation Officer may deem fit to impose or as may be prescribed and such conditions shall be endorsed on the permit. (2)A permit issued under sub-section (1) shall specify the number and kinds of animals or birds that may be hunted by the holder of such permit. (2)Any person aggrieved by the refusal or cancellation of a permit under sub-section (1) may within fifteen days appeal to the State Government, whose decision shall be final. (2)In the case of an order passed in appeal by the Wild Life Preservation Officer under sub-section (1), a second appeal shall lie to the State Government. (3)Subject as aforesaid every order passed in appeal under this section shall be final. (4)An appeal under this section shall be filed within 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 sufficient cause for not preferring the appeal within time. (2)In any prosecution for contravention of the provisions of sub-section (1), it shall, until the contrary is proved and the burden of proving which shall lie on the accused, be presumed that the person in whose possession the Government trophy was found was in unlawful possession thereof.Chapter-VI - Prevention and Detection of Offences and Penalties (2)Any officer, of a rank not inferior to that of an Assistant Game Warden, who, or whose subordinate, has seized any vehicle. Weapon, trap or tools under clause (c) of sub-section (1) may release the same on the execution by the own thereof of a bond for the production of the property so released. If and when to required, before the Magistrate having jurisdiction to try the offence on account of which the seizure, has been made. (3)It shall be lawful for any of the Officers referred to in sub-section (1) to stop and detain any person whom he sees doing any act for which a licence or permit is required under the provisions of this Act for the purposes of requiring such person to produce his licence or permit and if such person fails to produce his licence or permit, as the case may be, he may be arrested without a warrant, unless hefumish is his name and address and otherwise satisfies the officer arresting him that he will duly answer any summons or other proceedings which may be taken against him. (4)Any person detained or things seized under the foregoing power snail forthwith be taken before a Magistrate to be dealt with according to law. (5)Any person who, without reasonable cause, fails to produce anything which under the powers conferred by this section he is required to produce, shall be guilty of an offence against this Act. (2)When any person is convicted of an offence against this Act, the Court trying the offence may order that any animal, bird, meat or trophy in respect of which, and any weapon fir trap with which, the offence has been committed shall be at the disposal of the State Government, and that any licence or permit held by such person under the provisions of this Act, be cancelled. (3)Such cancellation of licence or permit shall be in addition to any other punishment awarded for such offence. (4)Where any person is convicted of an offence against this Act and the Court trying the offence inflicts a punishment of fine, with or without imprisonment, 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 person who may have given information of the commission of such offence. (2)On the payment of, or on acceptance of an undertaking in writing to pay, such sum of money, or such named value, or both as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released and no further proceedings shall be taken against such person or property. (3)The sum of money accepted or agreed to be accepted as-composition under clause (a) of sub-section (1) shall in no case exceed the sum of five hundred rupees. (4)The money payable under this section may, if not paid when due be recovered as an arrear of land revenue. (1)except on the complaint or report of the Wild Life Preservation Officer or may officer authorized by him or of any Forest or Police Officer or of any mother officer authorized by the State Government in this behalf; and (2)unless the prosecution is instituted within six months from the date on which the offence is alleged to have been committed. (2)In particular and without prejudice to the generality of the foregoing power such rules may be made for all or any of the following matters, namely:-(a)the forms to be used for any application, licence, permit, registration, declaration, certificate, return or other 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 record of game killed or captured to be kept and submitted by any licensee; (d)controlling settlements in game sanctuaries with a view to preventing disturbance to the natural fauna; (e)regulating the sale of pet and other animals and trophies derived from the wild animals and birds; (f)any other matter which is expressly required or allowed by this Act to be prescribed by rules. (3)The power to make rules under this section shall be exercised subject to 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 session in which they are so laid or the session immediately following. (5)Any rescission or modification so made shall be published in the Official Gazette, and shall thereupon take effect. (1)the killing or capturing of any wild animal or wild bird by the occupier of any land in defence of the standing crop or cattle on the land; (2)the killing or capturing in good faith of any wild animal or wild bird in defence of oneself or of any other person:Provided that nothing in this section shall exonerate any person who, when such defence became necessary, was hunting any game or committing any contravention of this Act. (a)the Bombay Wild Animals and Wild Birds Protection Act, 1951, (Bom. XXIV of 1951) (b)the Saurashtra Wild Animals and Wild Birds Protection Act, 1952, (San. Act XXX-II of 1952) (c)the Wild Birds and Animals Protection Act, 1912 in its application to the Kutch area of the State of Gujarat, (VIII of 1912) shall stand repealed:Provided that, such repeal shall not-(i)affect the previous operation of any law so repealed or anything duly done or suffered thereunder; (ii)affect any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; (iii)affect any penalty, forfeiture or punishment incurred in respect on any offence committed against any law so repealed, or (iv)affect any investigation, legal proceedings of remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as foresaid, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such penalty, forefeiture and-punishment may be imposed, as if the aforesaid laws had not been repealed.Provided further that, subject to the preceding proviso, anything done or action taken (including any notification, order, certificate, notice or receipt issued, application made, permission or licence granted, suspension or relocation of a licence effected, and exemption given) under any such law shall in so far it is not inconsistent with the provisions of this Act, be deemed to have 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 any action taken under this Act.