The Punjab Wild Life Preservation Act, 1959
The Punjab Wild Life Preservation Act, 1959
1. Short title, extent and commencement
(1) This Act may be called the Punjab Wild Life Preservation Act, 1959. (2) It extends to the whole of the State of Punjab. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
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, and whether found in of brought into Punjab.
3. Definitions
In this Act, unless the context otherwise requires,-- (1) “animal” means an animal which suckles its young; (2) “close season” means the period other than that specified in column 5 of Schedules II and III or the period altered under clause (ii) of section 6; (3) “flesh” includes fat, blood, raw or cooked meat and bones; (4) “Forest Officer” means an officer defined as such in the Indian Forest Act,1927 or the Patiala Forest Act, 1999 BK. (5) “license” or “permit” means a license or permit granted under this Act; (6) “Schedule” means a Schedule appended to this Act; (7) “trophy” means the durable part of a wild bird or wild animal which, has been preserved by any means whether natural or artificial, and includes the head, horn, tooth, tusk, bone, clow, hoof, chin, hair or feather, eggs or nest of any bird, but does not include any, article manufactured from any such part of the bird or animal as aforesaid; (8) “wild animal” included the flesh or any part of the animal, and “wild bird” includes the flesh of the bird or its eggs or egg shells; (9) “Wild Life Officer” means any person whom the State Government or an officer authorized by it in this behalf may from time to time appoint for performing the functions assigned to Wild Life Officer under this Act or the rules made there under; (10) “Wild Life Sanctuary” means any area declared by the State Government to be a sanctuary under section 8
4. Hunting, etc. of wild birds and animals
(1) It shall not be lawful to – (a) kill, capture or possess whether dead or alive; or (b) buy, sell or offer for sale, any wild bird or wild animal specified in the Schedules except in the manner and to the extent provide in sub-sections (2), (3), (4) and (5). (2) The wild birds or wild animals specified in Schedule I, may be killed, captured or possessed or bought, sold or offered for sale throughout the year. (3) The wild birds specified in Schedule II, may be killed captured, or possessed or bought, sold or offered for sale during the period other than the close season under a license, and in the manner and to the extent permitted thereby: Provided that no license shall be necessary- (a) For shooting with fire-arms such wild birds; or (b) for buying or possessing for purposes of consumption such wild birds as have been obtained from a licensee or have been shot. (4) The wild birds or wild animals specified in Schedule III may be killed, captured or possessed or bought, sold or offered for sale during the period other than the close seasons under a license, and in the manner and to the extent permitted thereby: Provided that no license shall be necessary for buying or possessing for purposes of consumption such wild birds and wild animals if obtained from a licensee. (5) The wild birds or wild animals specified in schedule IV any be possessed throughout the year as pets or for use as decoys in the manner and to be extent specified in that Schedule. (6) Nothing in this section shall be deemed to prohibit the possession by any person of skins, antlers, horns or other trophies lawfully acquired Explanation- For the purposes of this section, an attempt to kill or capture a wild bird or wild animal shall be deemed to be included in the act of killing or capturing such bird or animal.
5. License to be produced on demand
Any person in possession of any wild bird or wild animal specified in Schedule II, III or IV, If required to keep a license shall, if required so to do by a person authorized in this behalf under the rules made under this Act, produce his license forthwith on such requisition.
6. Power to alter Schedules
The State Government may, by notification, which may apply either to the whole or to any part of its territories,- (i) add to or exclude from any of the Schedules 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 Schedule II or III may be killed or captured; or (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
The State Government may exempt any person or class of persons from all or any of the provisions of this Act or rules made there under if it is satisfied that such exemption is desirable in the interest of scientific research or wild life sport or for better protection or preservation of crops or other property.
8. Wild Life Sanctuary
(1) The State Government may, by notification, declare any area which is the property of the State Government and any area which is private property subject to the consent of the owner and to such conditions as may be determined by mutual agreement, to be a Wild Life Sanctuary for wild birds or wild animals or both and, not withstanding anything contained in section 4, it shall be unlawful for any person to kill or capture any wild bird or wild animal or both, as the case may be, within such sanctuary at any time. (2) No person shall carry fire-arms or take any hounds, nets, traps, snares or any other contrivances which can be used for killing or capturing wild birds or wild animals within the area of a Wild Life Sanctuary except under a special permit granted by any Forest Officer or Wild Life Officer holding a gazette rank: Provided that no such special permit shall entitle the holder to kill or capture wild birds or wild animals in the sanctuary.
9. Prohibition of certain methods of hunting
No person shall- (a) utilize call-birds of any kind (excepting quails) for the purpose of alluring other birds of its kind; or (b) course or hawk wild birds or wild animals specified in Schedules II and III except under a license and to the extent and manner permitted thereby.
10. Prohibition of export
No person shall, with intent to evade the provisions of Act, ensnare and entice away from the Punjab State to any State any wild bird or wild animal specified in Schedules III or IV.
11. Duty of Forest and Wild Life Officers
Every Forest Officer or Wild Life Officer shall prevent commission of breach of any of the provisions of this Act the rules made there under.
12. Powers of search, arrest and seizure
(1) Any Forest Officer, Wildlife Officer, or Police Officer or any other person authorized in this behalf by the rules made under this Act- (a) may, if he has reasonable grounds for believing that any person has committed an offence under this Act:- (i) require such person to produce for his inspection any wild bird, wild animal or flesh in his possession, or any license, permit or other document issues to him or required to be kept by him under the provisions of this Act; or (ii) enter and search any land, hotel, restaurant, vehicle or boat in the occupation of such person and open and search any baggage or other things in his possession: Provided that no Wild Life Officer below the rank of an Inspector, or a Police Officer below the rank of a Sub-Inspector or a Forest Officer below the rank of a Range Officer shall enter or search any hotel or restaurant; (b) may arrest, without warrant any person who commits or is reasonably, suspected by such officer of having committed an office under this Act, if he has reasonable ground for believing that such person will abscond unless arrested, or if the name and address of person refuses on a demand of such officer to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) Every person arrested under sub-section (1) for having refused to give his name and address or giving a false name and address shall be released on giving his correct name and address. (3) Should the true name and address of such person be not ascertained within twenty-four hours from the time of arrest, he shall forthwith be produced before the nearest Magistrate having Jurisdiction. (4) Any officer who is empowered to make arrests may seize all guns, fire-arms and ammunition as well as all trophies, dogs, nets, snares or other appliances found in possession of any person who is arrested or against whom a reasonable suspicion exists of having been concerned in any office punishable under this Act. (5) A list of all articles seized under sub-section (4) shall be prepared by such officer and signed by two or more witnesses.
13. Power to compound offences
(1) The State Government may, from time to time, by notification in the Official Gazette, empower any Wild Life Officer, or a Forest Officer, holding gazetted rank— (a) to accept form any person against whom a reasonable suspicion exists that he has committed any offence punishable under this Act a sum of money by way of composition for such offence, (b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer. (2) On the payment of such sum of money or such 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 by way of composition under this section shall in no case exceed the amount of Rs. 200.
14. 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 Rs. 50 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 threreunder is again convicted thereof, shall, on every subsequent conviction, be punishable with fine which may extend to Rs. 500 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 license. (3) Notwithstanding anything contained in sub-sections (1) and (2), whoever commits a breach of the provisions of section 8 shall be punishable with fine which may extend to Rs. 500 or in default with imprisonment of either description which may extend to three months. (4) On conviction of a person for any 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 proceeds thereof forfeited to the State Government, and direct that the whole or any portion of any wild bird or wild animal killed or captured by such person and all weapons, implements and grey hounds used in aid and for the purpose of aiding the commission of such offence shall be confiscated to the State Government
15. Suspension or cancellation of license
(1) The Chief Conservator of Forests, Punjab, or any other officer authorized by the State Government in this behalf may, subject to any general or special order of the State Government and after affording the licensee and opportunity of being heard, suspend or cancel and license granted under this Act. (2) Any person aggrieved by the suspension or cancellation of a license under sub-section (1) may, within thirty days of the date of order appealed against, appeal to the State Government, whose decision on such appeal shall be final.
16. Jurisdiction of court
No court inferior to that of a Magistrate of the Second Class shall try any offence under this Act or the rules made thereunder.
17. Cognizance of offence
No court shall take cognizance of any offence under this Act, except on the complaint of a Forest Officer not below the rank of a Range Officer or a Police Officer not below the rank of a Sub-Inspector or Wild Life Officer not below the rank of an Inspector or any other person or class of persons authorized by the State Government in this behalf by notification in the official Gazette.
18. Saving as to certain acts
Nothing in this Act shall be deemed to apply to— (1) the killing or capturing in good faith of any wild animal by any person in defense of himself or of any other person or of property subject to such conditions as may be prescribed in the rules made in this behalf under this Act; and (2) the capture, sale, purchase or possession for scientific or public purposes of any wild bird or wild animal by or on behalf of the authorities administering zoological gardens.
19. Offences under other laws
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.
20. Officers to be public servants
All Wild Life Officers and other Officers exercising any of the powers conferred by or under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
21. Protection of action taken in good faith
No suit, prosecution or legal proceeding shall lie against any person for anything done or intended to be done in good faith under this Act.
22. Power to make rules
(1) The State Government may, after previous publication, make rules for the purpose of carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following power, such rules may provide for all or any of the following matters, namely: (a) the form in which and the terms and conditions under which a license or permit may be granted; (b) the fees to be charged for any license or permit; (c) the confiscation and disposal of any wild bird or wild animal killed, captured, possessed, bought, sold, or offered for sale in contravention of the provisions of this Act or of any animal or contrivances used in the commission of an offence under this Act; (d) the person or class of persons who may issue licenses and make complaints of offences under this Act or may require the production of a license under sections 5 and 13; (e) in the case of any species of wild birds or wild animals, the numbers and sex that may be killed or captured under a license; (f) for prohibiting certain methods of hunting, killing and capturing wild birds or animas.
23. Repeal
The Punjab Wild Birds and Wild Animals Protection Act, 1933 and the Preservation of Faune of Patiala Act, 1996 Bikrami, are hereby repealed; Provided that anything done, or any action taken or any proceedings commenced or continued under the Acts hereby repealed shall be deemed to have been done, taken, commenced or continued under the corresponding provisions of this Act.
38. Grus
The Eastern Crane Kunj, kulang, murunch Ditto
39. Anser anser
The Grey Lag Goose Sona, kurria, sona hans, hans raj, mug Ditto
40. Anser albifrons
The white fronted goose Hans Raj, mug, chittach mug Ditto
41. Anser erythropus
The Dwarf or Lesser White fronted Goose
42. Anser brachyrhynchus
The Pink footed Goose Ditto
43. Anser indicus
The Bar headed goose Hans, karey hans, rai hans, mag birwa
44. Anser Branta ruficollis
The red breasted goose
45. Prophyrio Poliocephalus
The Indian Purple Moorhen Kaim, Kalim, Khima Ditto
46. Fulica atra atra
The Common coot Khuskal, dasari, the kari kali murghabi Ditto
47. Anthropoides virgo
The Demoiselle Crane Karkarru, chhota kunj Ditto
48. Otis tarda
The Great Bustard Khalmor, tugda, gurain, tilur bara tugdar Ditto
49. Tetrax Tetrax
The Little bustard Chhota tilur, karwanak The shooting period throughout the State shall be from 1st October to 15th March Unless otherwise specified
50. Choriotis nigriceps
The Great Indian Bustard Khalmor, tugdar, gurain, tilur Killing or capturing prohibited throughout the year
51. Chalamydotis undulate
The Houbara or Macqueen’s Bustard Houbara, tilur, khermora, karwanak The shooting period throughout the State shall be from 1st October to 15th March Unless otherwise specified
52. Sypheotides indica
The Lesser Florican or Likh Likh, chhota, charat, karwanak Ditto
53. Burhinus
The Stone Plover Lambi Karwanak, basiri, abi Ditto
54. Esacus
The Great Stone Plover
55. Cursorius coromandelicus
The Indian Courser Nukri Ditto
56. Cusorius cursor
The Eastern creamcoloured Courser
57. Vanellus vanellus
The Lawping pecwit or Green Plover Bodhur Ditto
58. Pluvialis domincus
The Eastern Golden
59. Pluvialis apricarius
The Golden Plover
60. Numenius arquata
The Curlew
61. Scolopax rusticola
The Wood Snipe Simkukri, jalakri, julkukri, sumkukri Ditto
62. Capella nemoricola
The Wood Snipe Burra Chaha, sumkukri, chaha, jalakri Ditto
63. Capella Solitaria
The Eastern Solitary Snipe
64. Capella Gallinago
The Common or Fantail Snipe Chaha, jalakri Ditto
65. Capella Stenura
The Pin-tail Snipe
66. Capella media
The Great Snipe
67. Lymnocryptes
The Jack Snipe Chhota Chaha Ditto
68. Rostratula bengilensis
Rostratulidae The Painted Snipe Rangila chaha, chabarcha Ditto
69. Tadorna tadorna
The Sheldrake Safed chkwa, shah chakwa, safed surkhab The shooting period throughout the State shall be from 1st October to 15th March Unless otherwise specified
70. Casarca ferruginea
The Ruddy Shedrake or Brahminy Duck Surkhab, chkwa, chakwi, lal surkhab Ditto
71. Anas platyrhylcha
The Crested or Falcated Teal -- Ditto
72. Chaulelasmu streperus
The Gadwall Mila, bhuar, beykhur, murghabi Ditto
73. Marecapenelope
The Wigeon Peasan, patari, chhota lalsir, murghabi Ditto
74. Nettion formosum
The Barkal or Clucking Teal Chhota murgabi, kerra putari, souchuruka, murghabi Ditto
75. Nettion crecca
The common Teal
76. Dafila acuta
The Pintail Sanh, sink-par, murghabi Ditto
77. Querquedula querquedula
The Garganey or Blue Winged Teal Chatwa khira, putari, murghabi Ditto
78. Spatula clypeata
The Shoveller Tidari, punana, takarwala, ghira, murghabi Ditto
79. Marmaronetta angustirostris
The Marbled Teal -- Ditto
80. Netta rufina
The Red crested Pochard Lalsir, murghabi Ditto
81. Nyroca ferina
The Pochard or Sun Bird Lalsir, burarnar, murghabi Ditto
82. Nyroca rufa
The White eyed Pochard or White eye Karchiya, burar, mada lalbigri, murghabi Ditto
83. Nyroca marila
The Scaup -- Ditto
84. Nyroca fulgula
The Tufted Pochard Dubaru, abtak, rohwara, murghabi Ditto
85. Glaucionetta clanguila
The Golden Eye -- Ditto
86. Erismatura leucocephala
The White-headed or Stifftailed Duck -- Ditto
87. Magellus albellus
The Smew -- The shooting period throughout the State shall be from 1st October to 15th March Unless otherwise specified
88. Mergus merganser
The Goosander -- Ditto
89. Mergusserrator
The Red breasted Mergansar -- Ditto
90. Sarkidiornis melanotus
The Nukta or Comb Duck Nukta Murghabi Ditto
91. Asarcornis scutulatus
The White winged Wood Duck -- Ditto
92. Rhodonessa caryophyllacea
The pink headed Duck Lal sira, gulab sira, murghabi Ditto
93. Nettapus coramandelianus
The Cotton Teal Giri, girria, girya, murghabi Ditto
94. Dendrocygna javanica
The Lesser Whistling Teal Sili, silahi, murghabi Ditto
95. Dendrocygna fulva
The Large Whistling Teal Bara Silahi murghabi Ditto
96. Anas poecilorhyncha
The Indian Spotbil or Grey Duck Garmpai, gugral, beta batak humjur, murghabi Ditto
97. Ovis vignei
Urial Uriyal, hurial, sha, koh-i-dumba, Koch, gad, garand Subject to the rules published with Punjab Government Notification No. 18639 (Forests). Dated 18th August, 1919
98. Ovis hodgsoni
(misnamed Ovis Ammon) The Great Tibetan Sheep Nian Ditto
99. Ovis nahura
Bharal or Blue Sheep Miatu, bharal, bhard, war Ditto
100. Capra sibirica
The Himalayan Ibex Trangol, katrol, tangrol skin Ditto
101. Hemitragus jemlaicus
Thar (Only in accordance with the rules published with Punjab Government Notification No. 1392 S (Forests) dated 5th September, 1916 Tahr, thiar, meshi, mehi, sbi, karth, korth, kart Ditto
102. Nemorhaedus bubalinus
Serow or Himalayan Goat Antelope Goa, yamu, emru, aimu, sarao, jangal Ditto
103. Comes goral
Goral Pij, ban bakri, ghorrur, gurrur, ghoral, ghurral, gudh, sar Subject to the rules published with Punjab Government Notification No. 18639 (Forests). Dated 18th August, 1919
104. Pantholope hodgsoni
Tibetan Antelope Tsus, chus, chiru, chuhu Ditto
105. Moschus moschiferas
The musk Deer Kastura, raunsa bina, bijri, rochh, raonwi, ranwhin Ditto
106. Antelope cervicapra
Indian Antelope or Black Buck Hiran, haran, kala hiran, mirg, modain, kalhra 1st October to 15th March
107. Cervulus muntjac
The Barking Deer Kakar or Kakkar Ditto
108. Cervus axis
The Spotted Deer Chital, chital, chitra, jhank, pagal hiran, charba hiran Ditto
109. Cervus porcinus
The Hog Deer Para, pahra, parha Ditto
110. Tetracerus quadricornis
Four horned Antelope Chausingha, clauba, deda Ditto
111. Gazelle bennetti
Indian Gazellis or Ravine Deer Chinkara, chikara, kalpunch ask, ahuratta, gora hiran, chitka hiran, chhatika Ditto
112. Cervus unicolor
The Sambhar Sambar, samar, sambhar, barasingh Ditto
113. Lepus ruficaudatus
The Common Indian Hare Khargosh, seru, pharru, susya sassu, usa, sasa, seha, saiyah, sehu Ditto
114. Lepus ruficauda-tus
The Common Indian Hare Ditto Ditto
115. Lepus hypsibius
The Upland Hare Ditto Ditto
116. Equus hemionus
The Wild Ass Gorkhar, ghur, ghuran, jungle khota Ditto
117. Ursus arcuts
The Red Bear, or Snow Bear Bharboo, lagru, ratta bhalu, rate bhalu, bhrid, shaham, lal bhalu, lal rich Ditto
118. Felis Tigris
The Tiger Ser, bara bagh (Sherni, baghni, females)
SCHEDULE-IV. Schedule of wild birds and wild animals which may be kept in captivity as bona fide pets or call-birds up to the limit specified in column 5 of the Schedule under license.
Serial No. 1 | Scientific name 2 | English Name 3 | Vernacular Name 4 | Period 5 1. Ploceinae | The Waver Birds (all kinds) | Baya, Bijra, etc. | Up to a limit of ten of catch specie 2. Viduinae | Munias (of all kinds) | Lalmunia, Charhana, Churuka, etc. | Up to a limit of ten of catch specie 3. All birds and animals included in Schedule-I | -- | -- | Without Limit 4. Columba livia | The Blue Rock Pigeon | Kabutar | Ditto 5. All other wild birds and wild animals | -- | -- | Up to a limit of 4 in case of wild birds and hares and 2 in case of wild animals
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