Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com BOMBAY WILD ANIMALS AND WILD BIRDS PROTECTION ACT, 1951 24 of 1951 [24th July, 1951] CONTENTS CHAPTER 1 :- Preliminary 1. Short title, extent and commencement 2. Definitions 3. Domesticated and other animals and birds in captivity exempted CHAPTER 2 :- Authorities to be appointed or constituted under the Act 4. Appointment of Wild Life Preservation Officer, Game Wardons and other Game Officers 5. Delegation of powers by Wild Life Preservation Officer 6. Constitution of State Wild Life Advisory Board 7. Duties of State Wild Life Advisory Board 8. Procedure of State Wild Life Advisory Board CHAPTER 3 :- Hunting of animals and birds 9. Hunting of wild animals and birds without licence prohibited 10. Registration of certain persons in possession of arms 11. Procedure for licence 12. Record of game to be kept and submitted 13. Issue for licence for special purposes 14. Suspension or cancellation of licence 14A. Appeals 15. Hunting of young and female with young prohibited 16. Close time 17. Unlawful methods of hunting 18. Declaration of certain animals and birds as vermins 18A. Application of sections 36 and 37 to game CHAPTER 4 :- Game Sanctuaries 19. Power to declare any area to be Game Sanctuary 20. Notification regarding declaration of Game Sanctuary 2 1 . B a r of accrual of any rights in land comprised in Game Sanctuary 22. Proclamation by Collector 23. Inquiry by Collector 24. Extinction of rights 25. Power to acquire land over which rights is claimed 26. Acquisition Proceedings 27. Power of Collector to be exercised by other officers 28. Restriction on entry in Game Sanctuary 29. Permit to enter or reside in a Game Sanctuary 30. Hunting in Game Sanctuary without permit prohibited 31. Refusal or cancellation of permit 32. Causing fire prohibited CHAPTER 5 :- Trophies and pet animals and birds 33. Dealings in trophy and pets without licence prohibited 34. Trophy and pet dealers licences 35. Records and returns to be made by trophy and pet dealers 36. Certificate of ownership 37. Export and sale of trophies regulated 38. Government trophies 39. Possession of Government tropliy to be reported 40. Unlawful possession and dealings in Government traophies 41. Production of ivory or horn before Wild Life Preservation Officer 42. Registration of ivory or horn and identification marks 4 3 . N o ivory or horn to be transferred without a certificate of ownership CHAPTER 6 :- Prevention and detection of offences and penalties 44. Power of entry, search, arrest and detention 45. Penalties 45A. Punishment for wrongful seizure 45B. Power to compound offences 46. When court to take cognizance of offences 47. Operation of other laws not laws not barred CHAPTER 7 :- Miscellaneous 48. Power to make rules 49. Power to amend schedule 50. Defence of life and property 51. Game officers to be public servants 52. Protection to persons acting in good faith 53. Power to exempt 53A. Power to amend schedules 54. Repeal 55. Further repeals and savings SCHEDULE 1 :- Vermin SCHEDULE 2 :- Small Game SCHEDULE 3 :- Big Game SCHEDULE 4 :- Special Big Game BOMBAY WILD ANIMALS AND WILD BIRDS PROTECTION ACT, 1951 24 of 1951 [24th July, 1951] An Act to make adequate provision for the protection of wild animals and birds in the State of Bombay. WHEREAS, It is expedient to make better and adequate provision for the preservation and protection of wild animals and wild birds in the State of Bombay and for certain other matters hereinafter appearing; It is hereby enacted as follows:- CHAPTER 1 Preliminary 1. Short title, extent and commencement :- (1) This Act may be called the BOMBAY WILD ANIMALS AND WILD BIRDS PROTECTION ACT, 1951 [(2) It extends to the whole of the State of Maharashtra.] (3) It shall come into force [in the pre-Reorganization State of Bombay] on such [date as the State Government may, by notification in the Official Gazette, [appoint; and in the remaining part of the State of Maharashtra, it shall come into force on the [commencement of the Bombay Wild Animals and Wild Birds Protection (Extension and Amendment) Act, 1960. 2. Definitions :- In this Act, unless there is anything repugnant in the subject or context, (a) " Animal or Bird" includes the young ones of the animal or bird, as the case may be; (b) "Big Game" means any animal specified in the Schedule III or IV; (c) "Game" means any animal or bird specified in Schedule II, III or IV; (d) "Game Officer" means any officer, warden or servant appointed or authorized for any of the purposes of the Act; (e) "Hunt" means to hunt, kill or capture any animal or bird by any method and includes every attempt to kill of 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 48 ; (k) "Schedule" means Schedule appended to this Act; (l) "Small Game" means any animal or bird specified in Schedule II; (m) "Trophy" means the durable part of an animal or a bird which has been preserved by any means, whether natural or artificial, and includes the head or the 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 J and includes any animal or bird declared to be a vermin under Section 18 ; 3. Domesticated and other animals and birds in captivity exempted :- Nothing in this Act shall apply to domesticated or other animals or birds, which are lawfully captured and kept in captivity; CHAPTER 2 Authorities to be appointed or constituted under the Act 4. Appointment of Wild Life Preservation Officer, Game Wardons and other Game Officers :- (1) The State Government may for the purpose of this Act appoint, [(a) the chief Conservator of Forest, Maharashtra State, as the Wild Life Preservation Officer for the State of Maharashtra ;] (b) the Game Wardens, either honorary or stipendiary; (c) such other officers and servants as may be necessary. (2) The honorary Game Warden shall ordinarily hold office for a period of three years: Provided that the State Government may terminate his tenure of office at any time without assigning any reason. (3) The Game Wardens and other officers and servants appointed under this section shall be subordinate to the Wild Life Preservation Officer. 5. Delegation of powers by Wild Life Preservation Officer :- The Wild Life Preservation Officer may, with the approval of the State Government, by order in writing delegate any of his powers and duties under the provisions of this Act to [any officer of the State Government,] subject to such conditions, if any, as may be specified in the order. 6. Constitution of State Wild Life Advisory Board :- [(1) As soon as possible after the coming into force of the Bombay Wild Animals and Wild Birds Protection (amendment) Act, 1963, the State Government shall reconstitute the advisory, board hereinafter called "the State Wild Life Advisory Board" constituting of the Minister for Forests as examinations-officio Chairman, the Deputy Minister for Forests as ex-officio Vice Chairman and thirteen members nominated by the State Government.] (2) The Wild Life Preservation Officer shall be the Secretary of the Board. (3) The members shall ordinarily hold office on such terms as to tenure and vacations of office as the State Government may determine: Provided that the tenure of office of any member may be terminated by the State Government at any time without assigning any reasons. (4) The members shall be entitled to receive such allowances in respect of expenses properly incurred in the performance of their duties as the State Government may determine: [Provided that, if a member of the State Legislature is nominated as a member of the Board, he shall not be entitled to receive any remuneration other than travelling allowance, daily allowance or such other allowance which is paid to a member of the Board for the purpose of meeting the personal expenditure incurred in attending the meeting of the Board or in performing any other function as such member.] 7. Duties of State Wild Life Advisory Board :- It shall be the duty of the State Wild Life Advisory Board to advise the State Govemment- (1) in the selection of areas to be declared as Game Sanctuaries; (2) in formulating the policy in granting licences and permits under this Act and administration of Game Sanctuaries; (3) in the matter of framing rules under Section 48 ; and (4) on any other matter connected with preservation and protector of animals and birds, which may be referred to it by the State Government. 8. Procedure of State Wild Life Advisory Board :- (1) The State Wild Life Advisory Board shall meet at least once a year at Bombay or such other place as the State Government may direct. (2) The procedure (including the quorum) of the Board shall be such as the Board may, bye- laws made in this behalf, determine. CHAPTER 3 Hunting of animals and birds 9. Hunting of wild animals and birds without licence prohibited :- No person shall hunt any wild animal or wild bird except under a licence granted under the provisions of this Act and in accordance with conditions specified in such licence: Provided that no such licence shall be necessary to hunt any vermin. 10. Registration of certain persons in possession of arms :- Any person who holds a licence granted under [the Arms Act, 1959 ,] for the possession of arms for sport or protection or who is exempt from the provisions of that Act and possesses any arms, [and desires to obtain any licence (other than a B Licence granted under this Act,] 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 prescribed. 11. Procedure for licence :- (1) Any person desiring to obtain a Game licence shall apply to the Wild Life Preservation Officer or any other Officer authorized by the State Government in this behalf in the prescribed form. Such application shall be accompanied by such fee for the licence as may be prescribed. (2) The application may be made for any or all of the following kinds of Game Licences namely:- (a) Small Game Licence, (b) Big Game Licence, (c) Special Big Game Licence, (d) Pet Animals (Possession) Licence, (e) Pet and other Animals (Trapping) Licence, [(f) Bird Licence, (g) Block Licence.] (3) On receipt of an application and after making such inquiry as he may deem necessary the Wild Life Preservation Officer or the authorised Officer may, subject to any general or special orders of the State Government, grant or refuse to grant the Game Licence [after recording in writing his reasons therefor.] 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 [and in such area] as may be prescribed. * * * * * * * * 12. Record of game to be kept and submitted :- Record of game to be kept and submitted (1) The holder of every Game Licence of the kind specified in [clause (a),] (b) (c) [, (e) or (g)] of sub- section (2) of Section 11 , shall keep a record containing such particulars as may be prescribed of all game killed or captured by him during the currency of his licence. (2) When any game is killed or captured by the holder of [a Big Game Licence, Special Big Game Licence or Block Licence, he shall within three days] of the killing or capture of the game or before leaving [the State of Maharashtra], whichever is earlier, intimate in writing to the Wild Life Preservation Officer or to any Officer authorised by the State Government in this behalf, the prescribed particulars of [the Big Game or Special Big Game] killed or captured by him. (3) Not later than fifteen days after the expiry of his licence, the holder shall surrender his licence to the Wild Life Preservation Officer or the authorised Officer and shall sign a declaration in the prescribed form certifying the accuracy of the record of the game killed or captured by him. 13. Issue for licence for special purposes :- Notwithstanding anything contained in this Act, it shall be lawful for the Wild Life Preservation Officer, [or any other Officer authorised by the State Government in this behalf,] upon such conditions as he may deem fit to impose, to grant a licence to any person with or without payment of fee, which shall entitle the holder to hunt animals and birds specified thereon for any of the following purposes namely :- (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. [Subject to any general or special orders of the State Government, it shall also be lawful for the Wild Life Preservation Officer or the authorised Officer to grant at his discretions a reward to any person for killing of any animals or birds as are a source is serious menace to human life or property.] 14. Suspension or cancellation of licence :- (1) The Wild Life Preservation Officer or any other Officer authorised by the State Government in mis behalf may, subject to any general or special orders of the State Government, without giving any previous notice [but after recording in writing his reason therefor], suspend or cancel any licence granted under this Chapter. [(2) No holder of a licence shall be entitled to any compensation for the suspension or cancellation of the licence, nor to a refund of any fee paid in respect thereof] 14A. Appeals :- (1) An appeal from an order refusing to grant a licence under sub- section (3) of Section 11 , or an order suspending or canceling a licence under sub-section (1) of Section 14 , shall lie- (a) if the order is made by the officer authorised under sub-section (1) of Section 11 or of Section 14 , to the Wild Life Preservation Officer; and (b) if the order is made by the Wild Life Preservation Officer to the State Government. (2) In the case of an order passed in appeal by the Wild Life Preservation Officer under subsection (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) No appeal shall be entertained, unless it is filed within fifteen days from the date of the communication of the order appealed against: Provided that, the appellate authority may admit any appeal after the expiry of the period aforesaid, if the appellant satisfies that authority that he had sufficient cause for not preferring the appeal within time.] 15. Hunting of young and female with young prohibited :- (1) Except when authorised under a specified condition to that effect in a licence, no person shall hunt the young of any game or any female game accompanied by its young or any deer with horns in velvet: [Provided that, in any area under cultivation the hunting of any specified class of herbivorous female game which is, a menace to such cultivation may be permitted under a special permission granted by the Wild Life Preservation Officer or any other Officer authorised by the State Government in this behalf.] (2) Nothing contained in sub-section (1) shall apply to the hunting of a vermin. 16. Close time :- The State Government may, by notification in the Official Gazette, declare the whole year or any part thereof to be a close time throughout the whole or any part of the [State of Maharashtra], for any kind of wild animal or bird or for female or immature wild animal or bird of such kind. 17. Unlawful methods of hunting :- (1) [Subject to the provisions of sub-section (10), no person] shall hunt any game from or by means of a wheeled or mechanically propelled vehicle on water or land or by aircraft. (2) [Subject to the provisions of sub-section (10), no person] shall use a motorcar, motor launch or aircraft, for the purpose of killing, driving or stampeding game. (3) No person shall hunt any game with nets, snares, pit-falls, poison or poison weapons, except in defence of human life or property and except in so far as it relates to capture of animals and birds under a licence of the kind specified in clause (e) of sub- section (2) of Section 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 carnivore, over a 4*kill. (6) No person shall hunt any game during the hours of night, i.e., one hour after sunset and one hour before sun-rise except in the case of carnivore, by sitting on a 3*kill. (7) No person shall hunt any game on a salt-lick or water hole or other drinking places or on paths and approaches to the same except sand-grouse and water birds. (8) No person shall hunt any game on any land of private ownership, without the consent of the owner or his agent or the lawful occupier of such land. (9) No person shall, notwithstanding that he holds a game licence for the purpose, hunt any animal during the close time. [(10) Nothing in this section shall apply to shooting duck with the use of an out-board motor.] 18. Declaration of certain animals and birds as vermins :- The State Government may, by notification in the Official Gazette, declare any wild animal or wild bird other than those specified in Schedule I, to be a vermin in any specified area, and it shall not be necessary to hold a licence to hunt any such animal or bird in such area. 18A. Application of sections 36 and 37 to game :- The provisions of sections 36 and 37 shall apply in relation to game as they apply in relation to a trophy.] CHAPTER 4 Game Sanctuaries 19. Power to declare any area to be Game Sanctuary :- The State Government may, by notification in the Official Gazette, declare any area to be a Game Sanctuary, in the manner hereafter appearing. 20. Notification regarding declaration of Game Sanctuary :- Whenever it has been decided to declare any are to be a Game Sanctuary, the State Government shall issue a notification in the Official Gazette, (1) stating that it has been decided to declare such area to be a Game Sanctuary; (2) specifying as nearly as possible the situation and limits of such area, and (3) directing the Collector to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over the land comprised within the limits of such area and deal with the same as provided in this Act. Explanation- For the purpose of this section, it shall be sufficient to describe the area by roads, rivers, bridges or other well-known or readily intelligible boundaries. 21. Bar of accrual of any rights in land comprised in Game Sanctuary :- After the issue of a notification under Section 20 , no right shall be acquired in or over the land comprised in such notification, except by succession. 22. Proclamation by Collector :- When a notification has been issued under Section 20 , the Collector shall publish in the regional language in every town and village in the neighbourhood of the area comprised therein, a proclamation- (a) specifying, as nearly as possible, the situation and the limits of the proposed Game Sanctuary; (b) fixing a period of not less than two months from the date of such proclamation, and requiring any person claiming any right mentioned in Section 20 or Section 21 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. 23. Inquiry by Collector :- The Collector shall take down in writing all statements made under section 22 and shall at some convenient place inquire into all claims duly referred under that section and the existence of any rights mentioned in Section 20 or Section 21 and not claimed under Section 22 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same. 24. Extinction of rights :- Rights in respect of which no claim has been preferred under section 22 and of the existence, of which no knowledge has been acquired by inquiry under Section 23 , shall be extinguished. 25. Power to acquire land over which rights is claimed :- In the case of a claim to a right in or over any land, other than a right of public way or right of common pasture, the Collector shall either:- (a) exclude such land from the limits of the proposed Game Sanctuary, or. (b) come to an agreement with the owner thereof for the surrender of his rights, or (c) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 . 26. Acquisition Proceedings :- For purpose of acquiring land:- (1) the Collector shall be deemed to be the Collector proceeding under the Land Acquisition Act, 1894. (2) the claimant shall be deemed to be the person interested and appearing before him in pursuance of a notice given under Section 9 of that Act. (3) the provisions of the proceeding section of that Act shall be deemed to have been compiled 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 practicable or convenient. 27. Power of Collector to be exercised by other officers :- The State Government may, by general or special order, direct that the powers exercisable or the functions to be performed by the Collector under Section 20 to Section 26 (both inclusive) may be exercised and performed by such officer as may be specified in the order. 28. Restriction on entry in Game Sanctuary :- No person, other than:- (a) any public servant in duty; (b) any person who ordinarily resides within the limits of the Sanctuary; (c) any person who has any right over immoveable property within the limits of the 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 the Game Sanctuary, except under a permit and in accordance with the conditions of the permit granted under Section 29 . 29. Permit to enter or reside in a Game Sanctuary :- (1) The Wild Life Preservation Officer may issue to any person on application a permit to enter or reside in a Game Sanctuary for any of the following-purposes namely:- (a) Investigation or study of wild life and purposes incidental thereto; (b) Photography; (c) Scientific research; (d) To transact lawful business with any person residing in the sanctuary. (2) A permit to enter or reside in the sanctuary shall be issued, subject to such conditions as the Wild Life Preservation Officer may deem fit to impose or as may be prescribed and such conditions shall be endorsed on the permit. 30. Hunting in Game Sanctuary without permit prohibited :- (1) No person shall hunt any animal or bird in a Game Sanctuary, provided that the Wild Life Preservation Officer may in any special case where he is satisfied that it is necessary that the animals or birds should be hunted for the better preservation of the other animal life, or for other good and sufficient reasons, issue a permit authorising any person, to hunt such animals or birds under the direction of any officer authorised by him. (2) A permit issued under sub-section (1) shall specify the number and kind of animal or bird that may be hunted by the holder of such permit. 31. Refusal or cancellation of permit :- (1) The Wild Life Preservation Officer may, for good and sufficient reason, refuse to issue any permit or may cancel any permit granted under this Chapter. (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. 32. Causing fire prohibited :- No person shall set fire to a Game Sanctuary or kindle or leave any fire burning in such manner as to endanger such sanctuary. CHAPTER 5 Trophies and pet animals and birds 33. Dealings in trophy and pets without licence prohibited :- No person shall carry on the business of a trophy dealer or dealer in pets, except under and in accordance with the trophy dealers licence or pets dealers licence granted under the provisions of this Chapter. 34. Trophy and pet dealers licences :- A trophy dealers or pet and other animal dealers licence may be issued by the Wild Life Preservation Officer or by any other Officer authorised 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 a trophy dealer or dealer in pets upon the premises and conditions specified in the licence. Every such licence shall be valid for one year from the date of issue, unless duly suspended or cancelled before that period. 35. Records and returns to be made by trophy and pet dealers :- A trophy dealer or dealer on pets shall keep such records and submit such returns of his dealings to the Wild Life Preservation Officer as may be prescribed. 36. Certificate of ownership :- The Wild Life Preservation Officer may for the purpose of section 37 issues a certificate of ownership to any person who in his opinion is in lawful possession of a trophy. 37. Export and sale of trophies regulated :- No person shall export or transfer by gift, sale or otherwise, to any person any trophy unless he is in possession of a certificate of ownership therefor and such certificate shall be delivered or sent by post to the transferee at the time of export or transfer. Explanation:- For the purpose of this section, "export" means to take out of the [State of Maharashtra] otherwise than across a customs frontier 38. Government trophies :- Any game found dead or killed without a licence in defence of life or property or by mistake or any game or trophy in respect of which a breach of the provisions of this Act has been committed, shall be a Government trophy of the State Government. [Explanation:- In this section, "game" includes the female and young of any animal or bird specified in Schedule II, III, IV.] 39. Possession of Government tropliy to be reported :- Any person who by any means obtains possession of a Government trophy shall within 48 hours make a report thereof to the nearest Game, a Police or Forest Officer and shall, if so required, hand over the trophy to him. 40. Unlawful possession and dealings in Government traophies :- (1) No person shall without the permission of any of the Officers referred to in Section 39 keep in his possession any Government trophy or without the permission of t he Wild Life Preservation Officer or any other Officer authorised by the State Government in this behalf transfer, by gift, sale or otherwise, any Government trophy to any person. (2) In any prosecution for contravention of the provisions of sub- section (1), it shall, until the contrary is proved and the burden of proving which shall lie on the accused, be presumed that the person in whose possession the Government trophy was found was in unlawful possession thereof. 41. Production of ivory or horn before Wild Life Preservation Officer :- Every person who kills an elephant or a bison shall produce its ivory or horn before the Wild Life Preservation Officer or any other Officer authorised by the State Government in this behalf within one month of the killing thereof, or within such further time as may be allowed by him in any special case, together with the game licence under which it was killed. 42. Registration of ivory or horn and identification marks :- T h e Officer to whom the ivory or horn is produced under the provisions of Section 41 , if satisfied, after such inquiry as he may consider necessary, that the ivory or horn has been lawfully obtained, shall cause it to be weighted, marked and registered in the prescribed manner and shall return it to the person producing it together with a certificate of ownership in the prescribed form. 43. No ivory or horn to be transferred without a certificate of ownership :- No person shall in any manner transfer any such ivory or horn without the certificate of ownership obtained from the Wild Life Preservation Officer or the authorised Officer, as the case may be. CHAPTER 6 Prevention and detection of offences and penalties 44. Power of entry, search, arrest and detention :- (1) The Wild Life Preservation Officer or any other Game Officer empowered by him or any Forest or Police Officer may, if he has reasonable grounds for believing that any person has committed an offence against this Act:- (a) require any such person to produce for his inspection any animal, bird, meat or trophy in his possession or any licence, permit or other document issued to him or required to be kept by him under the provisions of this Act; (b) enter and search any premises, land, vehicle or boat, in the occupation of such person and open and search any baggage or other things in his possession; (c) seize any animal, bird, meat or trophy in the possession of any person and appearing to him to be the property of the State Government [together with any vehicle, weapon, trap or tool used for committing any such offence], and unless he is satisfied that such person will appear and answer any charge which may be preferred against him, without warrant arrest and detain him. [(1A) Any Officer, of a rank not inferior to that of an Assistant Game Warden, who, or whose subordinate, has seized any vehicle, weapon, trap or tools, under clause (c) of sub-section (1), may release the same on the execution by the owner required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. (2) It shall be lawful for any of the Officers referred to in sub- section (1) to stop and detain any person whom he sees doing any Act for which 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 (3) Any person detained, or things seized under the foregoing powers, shall forthwith be taken before a magistrate to be dealt with according to law. (4) Any person who, without reasonable cause, fails to produce anything which under the powers conferred by this section he is required to produce, shall be guilty of an offence against this Act. 45. Penalties :- (1) Any person who contravenes any of the provisions of this Act or of any rules made thereunder or who commits a breach of any of the conditions of any licence or permit shall be guilty of an offence against this Act, and shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to Rs. 500 or with both. (2) When any person is convicted of an offence against this Act, the Court trying the offence may order that any animal, bird, meat or trophy in respect of which the offence has been committed 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. 45A. Punishment for wrongful seizure :- Any person exercising powers under this Act who vexatiously and unnecessarily seizes the property of any person on the pretence of seizing it for the reasons mentioned in Section 44 shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.] 45B. Power to compound offences :- (1) The State Government may. by notification in the Official Gazette, empower the Wild Life Preservation Officer, or any Officer not below the rank of Conservator of Forests, (a) to accept from any person against whom a reasonable suspicion exist that he has committed an offence under this Act, by way of composition of the offence, payment of a sum of money, not exceeding one thousand rupees if the offence is in respect of a special big game and not exceeding five hundred rupees in the case o f any other offence, or at the discretion of such officer, an undertaking in writing from such person to pay like sum within a specified period; (b) When any property has been seized under Section 44 , to release the same on payment of the value thereof as estimated by such officer, or at the discretion of such officer on accepting an undertaking in writing from the person concerned to pay the estimated value within a specified period. (2) On payment of such sum of money or such value or both to such officer, or on acceptance of such undertaking or undertakings by such Officer, as the case may be, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings in respect of the offence shall be taken against such person; Provided that, any sum payable under any such undertaking, if not paid when due, shall be recoverable as an arrear of land revenue.] 46. When court to take cognizance of offences :- No court shall take cognizance of an offence against this Act: - (1) except on the complaint or report of the Wild Life Preservation Officer or Police Officer or of any other Officer authorised by the State Government in this behalf; and. (2) unless the prosecution is instituted within three months from the date on which the offence is alleged to have been committed. 47. Operation of other laws not laws not barred :- Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any Act or omission, which constitutes an offence under this Act, or from being liable under such other law to any higher punishment or penalty than that provided by this Act: Provided that no person shall be punished twice for the same offence. CHAPTER 7 Miscellaneous 48. Power to make rules :- [(1) The State Government may, by notification in the Official Gazette make rules for carrying out the purposes of this Act.] (2) In particular and without prejudice to the generality of the foregoing power such rules may be made for all or any of the following matters, namely;- (a) the forms to be used for any application, licence, permit, registration, declaration, certificate, return or other documents, granted issued, made or submitted under the provisions of this Act and the fees, if any, therefor; (b) the conditions subject to which any licence or permit may be granted under this Act; (c) the particulars of the record of game killed or captured to be kept and submitted by any licence; (d) controlling settlements in game sanctuaries with a view to prevent disturbance to the natural fauna; (e) regulating the sale of pet and other animals and trophy derived from the wild animals and birds; (f) manner of registration of ivory or horn of elephant or bison brought for such registration; (g) any other matter for which in the opinion of the State Government provision is expedient or necessary to carry out he object of this Act. (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 before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following and publish in the Official Gazette.] 49. Power to amend schedule :- For the purpose of preserving or protecting the rare species of wild animals and wild birds, protecting such animals and birds during the breeding season and for any similar purpose, the State Government may, by notification in the Official Gazette, add to or alter any of the Schedules any such additions or alterations shall have effect as if it had been made by this Act. 50. Defence of life and property :- Subject to the provisions of sections 38 to 40 {both inclusive), nothing in this Act shall prohibit:- (1) me killing or capturing of any wild animal or wild bird by the occupier of any land in defence of the standing crop or cattle on the land: (2) the killing or capturing in good faith of any wild animal or wild bird in defence of himself or of any other person: Provided that nothing in this section shall exonerate any person who, when such defence became necessary, was hunting any game or committing any contravention of this Act. 51. Game officers to be public servants :- All Game Officers and other Officers exercising any of the powers conferred by this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 . 52. Protection to persons acting in good faith :- No suit, prosecution other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act. 53. Power to exempt :- The State Government may, by notification in the Official Gazette, exempt 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. 53A. Power to amend schedules :- The State Government may, by notification in the Official Gazette, add to, omit or alter any entry in Schedule I, II, III or IV subject to such conditions (if any) as may be specified in such notification; and on the issue of such notification such Schedule shall be deemed to be amended accordingly, but without prejudice to anything done or omitted to be done before the amendment of such Schedule.] 54. Repeal :- The Wild Birds and Animals Protection Act, 1912 , VIII of 1912) in its application to the "[pre-Reorganization State of Bombay,] is hereby repealed: Provided that any licence granted under the said Act and in force on the date of commencement of this Act shall continue to be in force and be deemed to have been granted under Section 13 of this Act. 55. Further repeals and savings :- On the commencement of the Bombay Wild Animals and Wild Birds Protection (Extension and Amendment) Act, 1960, the following laws, that is to say:- (a) the central Provinces and Berar Game Act, 1935.(C.P. and Berar XV of 1935) (b) the Wild Birds and Animals Protection Act, 1912 , (VIII of 1912) in its application to the Vidarbha area of the State of Maharashtra and (c) the Game Regulations 1354 Fasli, 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 of any offence committed against any law so repealed; or. (iv) affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment aforesaid: and any such investigation, legal proceedings or remedy may be instituted continued or enforced, and any such penalty, forfeiture and punishment may be imposed, as is the aforesaid laws had not been repealed: Provided further that, subject to the proceeding proviso, anything done or action taken (including any notification, orders, certificates, notices or receipts issued, applications made, permission or licences granted, suspension or revocation of licences affected, and exceptions given) under any such law shall, in so far as it is not inconsistent with the provisions of this Act, and shall continue in force accordingly, unless and until superseded by anything done or any action taken under this Act.] SCHEDULE 1 Vermin ) SCHEDULE I [See section 2 (n) and 53A.] (Vermin) 1. Mongoose. 2. Civet Cat. 3. Wild cat (excluding tiger, lion, panther and cheetah.) 4. Wild dog. 5. Rodents (except hare, giant squirrel and flying squirrel.) 6. Jackal. 7. Monkey. 8. Bat. 9. Crow. 10. * * * * * * SCHEDULE 2 Small Game .) SCHEDULE II. [See section 2(c) and (1) and section 53A.] (Small Game.) 1. Spot-bill duck. 2. Nukta. 3. Whistling teal (large and small.) 4. Cotton teal. 5. Duck, goose and swan (all kinds other than those mentioned above and pink-headed duck.) 6. Water birds (excluding storks, egrets and herons.) 7. Crane (including sarus.) 8. Bustard 3[(including Great Indian Bustard.)] 9. Sand-grouse (all species.) 10. Spur fowl. 11. Jungle fowl 12. * * * * * * 13. Partridge (grey and painted.) 14. Quail (all species) 15. Pigeon and dove (all species) 16. * * * * * * 17. Hare (all species) 18. Hyena. 19, Wolf. 20. Wild Pig. 21. Chinkara (male only) 22. Barking deer. 23. Parakeet. 24. Birds of prey SCHEDULE 3 Big Game ) SCHEDULE III [Section section 2(b) and (c) and section 53A.] (Big Game) 1. Nilgai. 2. Black-buck (male only with horns over 30 centimeters.) 3. Four-horned antelope. 4. Sambar (male only with hard horns over 75 centimeters.) 5. Cheetah (male only with hard horns over 50 centimeters.) 6. Panther. 7. Tiger. 8. Sloth bear. 9. Crocodile. SCHEDULE 4 Special Big Game ). SCHEDULE IV [See Section 2(b) and (c) and section 53A.] (Special Big Game). 1. Bison: Male only, if horn measurements reach at least one of the following limits:- (a) a span of 83 centimeters between the outer edges of the horns at their widest spread; (b) a girth of 45 centimeters at the base of the horns. 2. Elephant. 3. Wild buffalo.