Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Punjab Wild Birds and Wild Animals Protection Act, 1933 2 of 1933 [12th April 1933] CONTENTS 1. Short tide, extend and commencement 2. Application of Act 3. Definitions 4. Closing time 5. Person in possession of any wild bird or wild animal to produce his licence when required 6. Power to add to or exclude from schedules 7. Power to grant exemption 8. Power to declare any area to be a sanctuary for wild birds and wild animals 9. Penalties 10. Jurisdiction inferior to that of a magistrate of the second class excluded 11. Persons who may lodge complaints 12. Savings 13. Power to make rules SCHEDULE 1 :- Schedule of Wild Birds and Wild Animals which are excluded from protection under Section 4 of the Act Punjab Wild Birds and Wild Animals Protection Act, 1933 2 of 1933 [12th April 1933] An Act to make better provision for the protection and preservation of certain wild birds and wild animals in the Punjab Preamble- Whereas it is expedient to make better provision for the protection and preservation of certain wild birds and wild animals in the punjab, and whereas the previous sanction of the Government General has been obtained under section 80-A of the Government of India Act;,It is hereby enacted as follows- 1. Short tide, extend and commencement :- (1) This Act may be called the Punjab Wilds Birds and Wild Animals Protection Act, 1933. (ii) It extends to the Union Territory of Delhi, (iii) It shall come into force on such date as the Chief Commissioner, any, by notification, appoint in this behalf (iv) The Wild Birds and Wild Animals Protection Act, 1912, is in its application to the Union territory of Delhi, hereby repealed 2. Application of Act :- This Act shall, subject to the provisions hereinafter appearing, apply to all wild birds and wild animals whether in their wild state or in captivity 3. Definitions :- In this Act unless there is anything repugnant in the subject or context- (i) "Animal" means an animal which suckles its young; (ii) "Licence" means a licence granted under this Act; (iii) The expression "wild bird or wild animal" shall be deemed to include the flesh thereof and, in the case of a wild bird, the eggs thereof 4. Closing time :- It shall not be lawful to kill or to capture, or to possess, whether dead or dive, or to buy or to sell or to offer for sale any wild bird or wild animal, except in the manner and to the extend hereinafter provided- (i) The wild birds, or wild animals specified in schedule I may be killed, captured, possessed, bought, sold or offered for the sale throughout the year; (ii) The wild birds or wild animals specified in Schedule II- (a) may be killed, captured, possessed, bought, sold or offered for sale during period specified in the said schedule under a licence, and in the manner and to the extent provided thereby: Provided that no licence shall be necessary for shooting such wild birds and wild animals during the period specified in the said Schedule; (b) may be bought or possessed without a licence during the period specified in the said schedule for purposes of consumption, provided they have been obtained from a licensee or have been shot . (iii) The wild birds or wild animals specified in Schedule III- (a) may be killed, captured, possessed, bought, sold or offered for sale during the period specified int he said Schedule under a licence, and in the manner and to the extend provided thereby; (b) may be bought or possessed without a licence during the period specified in the said Schedule for the purposes of consumption, provided that they have been obtained from a licensee; (iv) The wild birds or wild animals specified in Schedule IV may be possessed throughout the year as pets or for use as decoys in the manner and to the extent specified in the said Schedule: Provided that nothing in this section shall be deemed to prohibit- (a) the possession of the eggs of any birds by a bona fide collector; or (b) the possession by any person of skins, antlers, horns or other trophies; or (c) the possession by any person of the offspring of any wild bird or wild animal which is bred in captivity, subject to the limits specified in Schedule iv: Provided further, that any person who hold a licence issued under the Indian Arms Act, 1952, and rules thereunder, for purposes of sport, or who is exempt from the provisions of that Act, shall be entitled to purchase a licence under this Act from any Government treasury or sub-treasury, stamp vendor, or any such other person or place as may be prescribed by rules under This Act 5. Person in possession of any wild bird or wild animal to produce his licence when required :- Any person in possession of any wild bird or wild animal specified in Schedules II and III shall, if required so to do by a person authorised in this behalf, produce his licence within fifteen days 6. Power to add to or exclude from schedules :- The Chief Commissioner may, by notification, which may apply either to the whole or to any parts of its territories (i) (a) add to Schedules I and IV (b) add to or exclude from schedules II and III, any wild bird or wild animal subject to such conditions as it may impose in each case; (ii) alter the period during which any wild bird or wild animal specified in schedules II and III may be killed or captured; . (iii) alter the number of wild birds'-or wild animals specified in column 5 of schedule IV which may be kept as pets or for use as decoys 7. Power to grant exemption :- Where the Chief Commissioner is of opinion that such a course is desirable int he interests of scientific research, or for the better protection or preservation of crops or other property, it may grant to any person a licence subject to such restrictions or conditions as it may impose, entitling the holder thereof to do any act which is by this Act declared to be unlawful 8. Power to declare any area to be a sanctuary for wild birds and wild animals :- The Chief Commissioner may, by notification declare any area which is vested in the Chief Commissioner and subject to the consent of the owner and to such conditions as may be determined by mutual agreement, any area which is private property, to be a sanctuary for wild birds or wild animals, or both, and it shall be unlawful for any person to kill or capture any wild bird or wild animals as the case may be, within such area at any time 9. Penalties :- (1) Whoever commits a breach of the provisions of this Act or of any rule made thereunder, shall be punishable with fine which may extend to fifty rupees or in default with imprisonment of either description which may extend to one month . (2) Whoever, having already been convicted of an offence under this Act or any rule made thereunder is again convicted thereunder, shall, on every subsequent conviction, be punishable with fine which may extend to five hundred rupees or in default with imprisonment of either description which may extend to three months, and shall, in addition to the punishment provided for the offence, be liable to confiscation of the licence. On conviction of any person for an offence under this Act the convicting Magistrate may, in addition to any other penalty imposed, order any net, trap or snare, used in the commission of such offence, to be destroyed or to be sold and converted into money and the proceeds thereof forfeied 10. Jurisdiction inferior to that of a magistrate of the second class excluded :- No court inferior to that of a Magistrate of the second class shall try and offence under this Act 11. Persons who may lodge complaints :- No court shall take cognizance of any offence under this Act except, on the complaint of a police officer not below the rank of Sub- Inspector or of any other person or class of persons authorised by Chief Commissioner in this behalf 12. Savings :- Nothing in this Act shall be deemed to apply to- (i) the killing or capture in good faith of any wild bird or wild animal by any person in defence of himself or of any other person or of property . (ii) the capture, sate, purchase or possession for scientific or public purposes of any wild bird or wild animal by, or on behalf of the authorities administering public zoological gardens 13. Power to make rules :- (i) The Chief Commissioner may, after previous publication, make rules for the purpose of carrying into effect the provisions of this Act . (ii) In particular and without prejudice to the generality of the foregoing power, the Chief Commissioner may make rules for all or any of the following purposes, namely- (a) to prescribe the form in which and the terms and conditions under which, a licence may be granted; (b) to prescribe the fees to be charged for any licence; (c) to provide for the confiscation of any wild bird or wild animal killed, captured, bought, sold or offered for sale in contravention of the provisions of this Act (d) to prescribe the person or class of persons who may make complaint of offences under this Act or may require the production of a licence under section 5; (e) to prescribe in the case of any species of wild bird or wild animal the numbers and sex may be killed, captured or possessed under a licence SCHEDULE 1 Schedule of Wild Birds and Wild Animals which are excluded from protection under Section 4 of the Act SCHEDULE I Schedule of Wild Birds and Wild Animals which are excluded from protection under Section 4 of the Act SI. No. Scientific name English name Vernacular name 1 2 3 4 BIRDS 1. Corvus levaillanti The Himalayan Jungle Crow Kowa, kawwa, kan, pahari kowa. 2. Corvus splendens The House Crow Kan, kaw, desi kan. 3. Phalarocorax corpo The Indian Large Cormorant Pan kowa, jalkan. 4. Phalacrocorox fuscicoll is The Indian Shag Jalkan, ghoghar. 5. Phalacrocorax niger The Little Cormorant Jograli, nikka julkan. 6. Anhinga melanogaster The Indian Darter, or Snake bird Jalkani, bunwa. 7. Psittaculaaeupatria The Large Indian Paroquet Tota, raitota. 8. Pasittavlak rameri The Rose ringed Paroquet 9. Pasittaculla syanocephala The Western Blossom Headed Paroquet Libber tola, tuiya. 10. Psittaculla himalayana The Himalayan Slatyheaded Paroquet Tula tola, pahari tuiyan. 11. Coturnix Coturnix The Common Quail Baler, bara bater, gagas bater, khair 12. Corturnix coromandelica The Black-breasted or Rain Quail Bater, china bater. 13. Grus The Eastern crane Kunj, kulang, murunch. 14. Anser anser The drey Lag Goose Sona, kuria, sonahans, se a se e d ey ag Goose So a, u a, so a a s, hans raj, mug. 15 Anser aibifrons The White fronted goose Hans raj mug, chittach, mug, 16 Anser erythropus The dwarf or Lesser White fronted Goose 17. Anser brachyrhynchus The Pink-footed Goose Hans, karey bans, rajhans, mug birwa. 18.. Anser indicus The Bar-headed Goose 19 Anser Branta ruficolis The Red-breasted Goose 20. Felis pardus Felis ANIMALS The Leopard or Panther Beg, berag, golbagh, Chitra, purra, unagh, mirg 21. bengalensis The Leopard cat China billa, chenang, banbilla, jungli, billi, bagar billa. 22. Felis ornata The Indian Desert Cat 23. Felis chaus The Jungle Cat 24 Felis caracal The Caraca Siyah, gosh, ekb, patsalan, tsogda. 25. Felis iynx The Lynx 26. Felis Viverra Zibetha The Larger-Indian Civet Khatas, kastura, mooshkbilla, bausokar. 27. Felis Paradoxurus gray The Himalayan Palm Civet 28. Herpestec auropunciatus The Small Indian Mongoose Neol, neul, naola, dhor. 29. Herpestes mungo The Common Indian Mon goose 30. Herpestes amithi The Ruddy Mongoose 31. Canis lupus The Wolf Gurg, bhagyar, bheriya. Giddar, sial, phival. 32. Canis Pallipes The Indian Wolf 33. Canis aureus The Jackal 34. Cyon dukhensis The Indian Wild dog Sonkutta, ramkutta, bunkutta, janglikutta, bhaosa, bhunsa. 35. Mustela flavigula The Indian Marten or Pine Marten Chitral, turala, shikra, dhinkloo. 36. Lutra vulgaris The Common Otter Ud, udbilao, ludhar. 37. Ursus torquatus The Himalayan Black Bear Bhalu, kala bhalu, richh. 38. Sus eristatus The Indian Wild Bear Suar, budh. 39. Boselaphus tragocamelus Nilgai or Blue Bull Nilgav, nilgai, lilgai, bangai, raujb, gond, bain. 40. Macacus rhesus The Bengal Monkey Bandar. 41. Hyaena striata The Hyena Tarkh. 42. Pteropus medius The Indian Fruit Bat Badur, Barbagul, chumgidda, ultakakao, manis. 43. Hystrix bucura The Indian Porcupine Syal, sahi, khundew, alii. 44. Sciurius Indicus The Squirrel Gulehra. 45. Mus (whole-family) Rats and Mice Chuha, chuhi.