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WILD BIRDS AND ANIMALS PROTECTION ACT, 1912
8 of 1912
18th September, 1912
Act Objective: An Act 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:-
SECTION 01: 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 [the territories which, immediately before the 1st November, 1956, were comprised in Part B States].]
SECTION 02: 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.
SECTION 03: 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
SECTION 04: 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 there under 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.
SECTION 05: 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 4for such offence.
SECTION 06: 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.
SECTION 07: 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 3declared to be unlawful.
SECTION 08: 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 09: [REPEAL.]
Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), s. 3 and Sch. II.
SCHEDULE 1 SCHEDULE
(i) Bustards, ducks, floricans, jungle fowl, partridges, peafowl, pheasants, pigeons, quail, sand-grouse, painted snipe, spurfowl, woodcock, herons, egrets, rollers, and king-fishers. (ii)Antelopes, asses, bison, buffaloes, deer gazelles, goats, hares, oxen, rhinoceroses' and sheep.
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