The Gujarat Wild Animals and Wild Birds Protection Act, 1963

Short title, extent and commencement.—

1. (1) This Act may be called the Gujarat Wild Animals and Wild Birds Protection Act, 1963.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.— In this Act, unless the context otherwise requires,—

1. (1) "Animal" includes mammals, birds, reptiles, amphibians and fish and any other vertebrates;
2. (2) "Big Game" means any animal specified in Schedule I;
3. (3) "Board" means the State Wild Life Advisory Board constituted under section 3;
4. (4) "Chief Conservator" means the Chief Conservator of Forests, Gujarat State;
5. (5) "Close time" means in relation to any kind of wild animal or wild bird, such period as may be specified by the State Government in this behalf by notification in the Official Gazette;
6. (6) "Game" means any animal or bird specified in Schedule I, II, III or IV;
7. (7) "Game Officer" means any officer or authority appointed or exercising the powers of a Game Officer under this Act;
8. (8) "Hunt" with its grammatical variations and cognate expressions includes—
   • (a) capturing, killing, poisoning, snaring and trapping of any wild animal or wild bird and any attempt to do any such act;
   • (b) driving any wild animal or wild bird for any of the purposes specified in sub-clause (a);
   • (c) injuring or destroying or taking any part of the body of any such animal or bird or in the case of wild birds or reptiles, damaging the eggs of such birds or reptiles;
9. (9) "Licence" means a licence granted under this Act;
10. (10) "Meat" includes flesh, fat, blood, skin, hide, feathers, horns, antlers, or any other part of an animal or bird, whether raw or cooked;
11. (11) "Schedule" means a schedule to this Act;
12. (12) "Small Game" means any animal or bird specified in Schedule II;
13. (13) "Trophy" means the durable part of any animal or bird, in the form in which it is preserved or processed, such as, head, horns, antlers, skin, feathers, or any other part, and includes—
    • (a) any article manufactured from any such part;
    • (b) the egg of any such bird;
14. (14) "Vermin" means any animal or bird specified in Schedule V;
15. (15) "Wild animal" means any animal found wild in nature.

Appointment of Game Officers and other staff. —

1. (1) The State Government may, for the purposes of this Act, appoint—
   • (a) A Chief Game Warden,
   • (b) Game Wardens,
   • (c) Assistant Game Wardens, and
   • (d) Such other officers and servants as may be necessary.
2. (2) The State Government may, by notification in the Official Gazette, delegate all or any of the powers exercisable by it under this Act, except the power to make rules under section 43, to the Chief Game Warden or such other officer as may be specified in the notification.

Powers of Game Officers. —

1. (1) Any Game Officer or any police officer may require any person who has killed or captured any wild animal or wild bird or has in his possession any such animal or bird or any trophy, meat or other article mentioned in section 26, to produce for inspection the license, if any, under which the animal or bird was killed or captured or the trophy, meat or other article is possessed by him.
2. (2) Any Game Officer or any 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 inspection any animal, bird, trophy, meat or other article in his possession or any license, permit or other document issued to him or required to be kept by him under the provisions of this Act;
   • (b) stop, detain and search any vehicle or boat in any place which he has reason to believe is being used for the commission of an offence under this Act;
   • (c) seize and detain any animal, bird, trophy, meat or other article in the possession of such person or any vehicle or boat, which he has reason to believe has been or is being used for the commission of an offence under this Act and shall deal with the same in such manner as may be prescribed.
3. (3) Any officer of the Forest Department or any police officer of such rank as may be prescribed, shall have the same powers of entry, search, seizure and arrest as a Game Officer under this section. Provided that every person detained or arrested and every animal, bird, trophy, meat or other article seized under this section shall be produced before the nearest Magistrate for trial or for orders as to disposal of the property, as the case may be, as soon as possible.

Protected animals and birds.—(1) The State Government may, by notification in the Official Gazette, declare any wild animal or wild bird specified in the First Schedule to be a protected animal or bird.

1. (2) No person shall hunt any such protected animal or bird.

Hunting of wild animals and birds without licence prohibited.—(1) No person shall hunt any wild animal or wild bird except—

1. (a) in accordance with the terms and conditions of a licence granted under this Act;
2. (b) in the case of any wild animal or wild bird which is not a protected animal or bird and which is not a vermin, in accordance with the provisions of this Act and the rules made thereunder: Provided that nothing in this section shall apply to the hunting of any vermin.

1. (2) Every person who hunts any wild animal or wild bird under a licence shall carry that licence with him at all times while he is hunting and shall produce it on demand for inspection by any Game Officer or any police officer not below the rank of a sub-inspector.

Power of State Government to restrict or prohibit hunting in certain areas

1. (1) Notwithstanding anything contained in any law for the time being in force, if the State Government considers it expedient in the interests of the preservation of wild animals and wild birds so to do, it may, by notification in the Official Gazette, restrict or prohibit the hunting of any wild animal or wild bird in any area specified in the notification.
2. (2) Every notification issued under sub-section
3. (1) shall state the area and the period during which and the wild animals or wild birds the hunting of which, is restricted or prohibited.

Power of State Government to declare wild animals and birds as vermin 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 vermin in any area specified in the notification, and so long as such notification remains in force, such wild animal or wild bird shall not be deemed to be a wild animal or wild bird for the purposes of this Act: Provided that the State Government may, if it is of the opinion that it is necessary so to do in the interest of the preservation of any such animal or bird, by notification in the Official Gazette, declare that any such animal or bird shall cease to be vermin.

Power of State Government to restrict or prohibit hunting of certain wild animals or birds

1. (1) If the State Government is of opinion that any wild animal or bird of a species specified in the Schedule is in danger of becoming extinct or that it is necessary to preserve any such animal or bird in the interest of the public, the State Government may, by notification in the Official Gazette, restrict or prohibit throughout the State or any part thereof, the hunting of any such animal or bird during such period as may be specified in the notification.
2. (2) The State Government may, in like manner, amend or cancel any notification issued under sub-section (1).

Licence for hunting

1. (1) No person shall hunt any wild animal or bird specified in the Schedule except under and in accordance with the terms and conditions of a licence granted under this Act.
2. (2) Every licence granted under sub-section
3. (1) shall be in such form and for such period as may be prescribed and shall be subject to such terms and conditions as may be specified therein.

Power of State Government to grant licences.—The State Government or any officer authorised by it in this behalf may, for the purposes of this Act, grant a licence to any person to hunt, kill or capture any wild animal or wild bird specified in the licence subject to such conditions, on payment of such fees, and for such period as may be prescribed.

Power of State Government to refuse grant or renewal of licences.—(1) The State Government or the officer authorised by it in this behalf may, for reasons to be recorded in writing, refuse to grant or renew a licence under this Act.

1. (2) Any person aggrieved by an order of the officer authorised by the State Government refusing to grant or renew a licence, may, within such time as may be prescribed, prefer an appeal to the State Government, and the decision of the State Government on such appeal shall be final.

Suspension or cancellation of licence.—(1) The prescribed authority may, subject to any general or special order of the State Government, for good and sufficient reasons, to be recorded in writing, suspend or cancel any licence granted under this Act: Provided that no such order shall be made unless the holder of the licence has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to his licence.

1. (2) Every person whose licence is suspended or cancelled shall, if so required by the authority by which the licence was suspended or cancelled, surrender such licence to that authority.

Appeals.—(1) Any person aggrieved by an order under section 13 may, within fifteen days from the date on which the order is communicated to him, appeal in such manner as may be prescribed, to such authority as the State Government may specify in this behalf.

1. (2) In deciding an appeal the appellate authority shall follow such procedure as may be prescribed.
2. (3) The order of the appellate authority shall be final.

Power of State Government to add to or exclude from Schedules. - The State Government may, by notification in the Official Gazette, add to or exclude from the Schedules any wild animal or wild bird, and thereupon the Schedule shall be deemed to be amended accordingly.

Prohibition of possession of weapon etc without licence. -

1. (1) No person shall, without a licence granted under this Act, possess or control any weapon or any other instrument used for hunting or any trophy or uncured trophy or meat of any wild animal or wild bird.
2. (2) Nothing in this section shall apply to such weapon, instrument, trophy or meat as may have been in the possession or control of any person on the date of the commencement of this Act, if such person makes a declaration of such possession or control in the prescribed form and within the prescribed period to a Game Officer.

Possession of wild animal etc. to be reported to Game Officer

1. (1) Any person who has in his control, custody or possession any wild animal, or any animal specified in Schedule I, or any meat, trophy, uncut trophy, or uncured trophy, shall within thirty days from the commencement of this Act, submit to the Game Officer a declaration in the prescribed form giving the description of the animal, meat, trophy, uncut trophy, or uncured trophy and the place of storage.
2. (2) No person shall, after the commencement of this Act, acquire, receive, keep in his control, custody or possession, sell, offer for sale or otherwise transfer or transport any wild animal, or any animal specified in Schedule I, or any meat, trophy, uncut trophy or uncured trophy, except with the previous permission in writing of the Game Officer.

Restriction on dealings in trophy etc.

1. (1) No person shall sell, offer for sale, or exhibit for sale or trade any trophy, uncut trophy or uncured trophy except under and in accordance with a licence granted by the Game Officer in this behalf.
2. (2) Every person to whom a licence has been granted under sub-section
3. (1) shall keep a record of all transactions in such form as may be prescribed and shall produce it for inspection on demand by the Game Officer or any other officer authorised by the State Government in this behalf.

Trophy etc. to be property of Government. -

1. (1) Every wild animal which is hunted under the provisions of section 16 or sub-section
2. (1) of section 17, and the trophy, meat or any other product of such wild animal shall be the property of the Government.
3. (2) Every person who hunts a wild animal under the said provisions shall, within such time as may be prescribed, report the hunt to the nearest game officer and shall, if so required, place the trophy, meat or any other product of such wild animal at the disposal of such officer.

Power to search and seize. -

1. (1) Any game officer or police officer not below the rank of a sub-inspector 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 trophy, meat or any other product of a wild animal 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) stop, enter, search or detain any vehicle or boat in or upon which he has reason to believe that any wild animal or any trophy, meat or any other product of a wild animal in respect of which an offence against this Act has been committed is being carried, or may open and search any baggage or other thing in the possession of such person;
   • (c) seize and detain any such trophy, meat or product of a wild animal, or any such vehicle, boat, baggage or other thing, or any weapon, trap, net or other contrivance used in the commission of such offence: Provided that the officer who seizes any such property under this section shall forthwith report such seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made.
2. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the officer-in-charge of the nearest police station.

Arrest without warrant.—

1. (1) Any Game Officer or any police officer may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any offence punishable under this Act.
2. (2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the nearest Magistrate having jurisdiction in the case.

Power to release person arrested.— Any officer who has arrested any person under the provisions of section 21 may release such person on his executing a bond with proper sureties to appear, if and when so required, before the Magistrate having jurisdiction in the case or before the officer in charge of the nearest police station.

Power to dispose of perishable property.—

1. (1) Notwithstanding anything contained in the other provisions of this Act, any wild animal, trophy, uncured trophy or meat seized under this Act, which is subject to speedy and natural decay, may be disposed of in such manner as may be prescribed.
2. (2) Every person who disposes of any property under sub-section
3. (1) shall submit a report of such disposal to the officer authorised in this behalf by the State Government, and shall also submit a report regarding the seizure of the property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.

Cognizance of offences.— No Court shall take cognizance of any offence against this Act except on the complaint of the Chief Game Warden or any other Game Warden or such other officer as may be authorised in this behalf by the State Government.

Operation of other 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 against this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act or the rules made thereunder:

Power to compound offences Power to compound offences. —

1. (1) The State Government may, by notification in the Official Gazette, empower any Game Officer to accept from any person against whom a reasonable suspicion exists that he has committed any offence against this Act, other than an offence specified in Section 15, a sum of money by way of composition for the offence which such person is suspected to have committed.
2. (2) On payment of such sum of money to such officer, the suspected person if in custody, shall be discharged and no further proceedings shall be taken against him in regard to the offence so compounded.

Persons to be public servants. — Every person authorised to perform any functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

Protection of action taken in good faith. —

1. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
2. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the term of office of the members of the Board and the procedure to be followed by it;
   • (b) the powers and duties of the Chief Wardens, Wardens and Game Officers;
   • (c) the forms in which and the conditions and restrictions on which licences may be granted under this Act;
   • (d) the fees to be charged for the grant of licences;
   • (e) the form and manner in which an appeal may be filed under section 28;
   • (f) any other matter which is required to be or may be prescribed under this Act.
3. (3) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be 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.

Repeal and savings.—(1) On the commencement of this Act, the following laws, that is to say—

1. (a) the Wild Birds and Animals Protection Act, 1912, as in force in the State of Gujarat;
2. (b) the Bombay Wild Animals and Wild Birds Protection Act, 1951, as in force in the State of Gujarat;
3. (c) any other law corresponding to any of the provisions of this Act in force in any part of the State of Gujarat; shall stand repealed: Provided that the repeal shall not affect—
   • (i) the previous operation of any law so repealed or anything duly done or suffered thereunder;
   • (ii) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed;
   • (iii) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
   • (iv) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.

1. (2) Notwithstanding the repeal of the laws aforesaid, anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or form framed, certificate, permit or licence granted or registration effected) under any of the laws so repealed shall, in so far as 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 unless and until superseded by anything done or any action taken under this Act.

("Big Game") 1. Bison (Bos gaurus) 2. Buffalo (Wild) (Bubalus bubalis) 3. Elephant (Elephas maximus) 4. Gazelle or Chinkara (Gazella gazella) 5. Goat (Wild) (Hemitragus jemlahicus) 6. Hog deer (Axis porcinus) 7. Ibex (Capra ibex) 8. Lion (Panthera leo) 9. Nilgai (Boselaphus tragocamelus) 10. Panther (Panthera pardus) 11. Pigmy hog (Sus salvanius) 12. Rhinoceros (Rhinoceros unicornis) 13. Sambar (Cervus unicolor) 14. Sheep (Wild) (Ovis ammon) 15. Swamp deer (Cervus duvaceli) 16. Thamin (Cervus eldi) 17. Tiger (Panthera tigris)

("Small Game") 1. Andamans teal (Anas gibberifrons) 2. Avocet (Recurvirostra avosetta) 3. Bamboo partridge (Bambusicola fytchii) 4. Barheaded goose (Anser indicus) 5. Bear (Sloth) (Melursus ursinus) 6. Bear (Himalayan) (Selenarctos thibetanus) 7. Bustard (Eupodotis edwardsi) 8. Bustard (Bengal) (Houbaropsis bengalensis) 9. Chinkara (Gazella gazella) 10. Comb duck or Nukta (Sarkidiornis melanotus) 11. Coot (Fulica atra) 12. Curlew (Numenius arquata) 13. Deer (Barking) (Muntiacus muntjak) 14. Deer (Mouse) (Tragulus meminna) 15. Dolphin (Platanista gangetica) 16. Duck (Whistling) (Dendrocygna javanica) 17. Egrets (All species) 18. Flamingo (Phoenicopterus roseus) 19. Florican (Sypheotides indica) 20. Goose (Spur-winged) (Sarkidiornis melanotus) 21. Great Indian Bustard (Choriotis nigriceps) 22. Heron (Ardea cinerea) 23. Hornbill (Except common grey hornbill) 24. Houbara (Chlamydotis undulata) 25. Hyaena (Hyaena hyaena) 26. Jungle fowl (Gallus sonneratii) 27. Kingfisher (All species) 28. Lark (All species) 29. Lapwing (Vanellus vanellus) 30. Mallard (Anas platyrhynchos) 31. Minivet (Pericrocotus flammeus) 32. Partridge (Grey) (Francolinus pondicerianus) 33. Pea-fowl (Pavo cristatus) 34. Pheasant (All species) 35. Pigeon (Blue rock) (Columba livia) 36. Quail (All species) 37. Sandgrouse (All species) 38. Snipe (All species) 39. Swan (Cygnus olor) 40. Teal (All species) 41. Trogon (Harpactes fasciatus)

(See Section 2) "Vermin" 1. Common crow. 2. Fruit bats. 3. Mice. 4. Rats. 5. Flying foxes. 6. Voles.