THE WILD BIRDS AND
ANIMALS PROTECTION ACT, 1912
[Act No. 8 of 1912 dated 8th September,
1912]1
An act to make better provision for
the protection and preservation of certain wild birds and
animals.
Comment: The aim of
the Act is to make better provision for the protection and
preservation of certain wild birds and animals.
Whereas it is expedient to make better
provision for the protection and preservation of certain wild birds
and animals, It is hereby enacted as follows: -
1. Short title and extent
(1) This Act may be called the Wild Birds
and Animals Protection Act, 1912; and
2[(2) It extends to the whole
of India except 3[the territories which, immediately
before the 1st. November, 1956, were comprised in Part B
States].]
2. Application of Act
(1) This Act applies, in the first
instance, to the birds and animals specified in the Schedule, when
in their wild state.
(2) The State Government may, by
notification in the Official Gazette, apply the provisions of this
Act to any kind of wild bird or animal, other than those specified
in the Schedule, which, in its opinion, it is desirable to protect
or preserve.
3. 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 its
territories for any kind of wild bird or animal to which this Act
applies, or for female or immature wild birds or animals of such
kind; and, subject to the provisions hereinafter contained, during
such close time, and within the areas specified in such
notification, it shall be unlawful-
(a) to capture any such bird or animal,
or to kill any such bird or animal which has not been captured
before the commencement of such close time;
(b) to sell or buy, or offer to sell or
buy, or to possess, any bird or animal which has not been captured
or killed before the commencement of such time, or the flesh
thereof;
(c) if any plumage has been taken from
any such bird captured or killed during such close time, to sell or
buy, or to offer to sell or buy, or to possess, such plumage.
4. Penalties
(1) Whoever does, or attempts to do, any
act in contravention of section 3 shall be punishable with fine
which may extend to fifty rupees.
(2) Whoever, having already been
convicted of an offence under this section, is again convicted
thereunder shall, on every subsequent conviction, be punishable with
imprisonment for a term which may extend to one month, or with fine
which may extend to one hundred rupees, or with both.
5. Confiscation
(1) When any person is convicted of an
offence punishable under this Act, the convicting Magistrate may
direct that any bird or animal in respect of which such offence has
been committed, or the flesh or any other part of such bird or
animal, shall be confiscated.
(2) Such confiscation may be in addition
to the other punishment provided by section 4 for such offence.
6. Cognizance of
offences
No court inferior to that of a Presidency
Magistrate or a Magistrate of the second class shall try any offence
against this Act.
7. Power to grant
exemption
Where the State Government is of opinion
that, in the interests of scientific research, such a course is
desirable, it may grant to any person a license, subject to such
restrictions and conditions as it may impose, entitling the holder
thereof to do any act which is by section 3 declared to be
unlawful.
8. Savings
Nothing in this Act shall be deemed to
apply to the capture or killing of a wild animal by any person in
defence of himself or any other person, or to the capture or killing
of any wild bird or animal in bona fide defence of property.
[Section 9 repealed by the Second
Repealing and Amending Act, 1914 (17 of 1914)]
THE SCHEDULE
(i) Bustards, ducks, floricans, jungle
fowl, partridges, peafowl, pheasants, pigeons, quail, sand-grouse,
painted snipe, spurfowl, woodcock, herons, engrets, rollers, and
king-fishers.
(ii) Antelopes, asses, bison, buffaloes,
deer, gazeltes, goats, hares, oxen, rhinoceroses4 and
sheep.