PREAMBLE
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) 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.
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 such bird or animal which has not been captured or killed before the commencement of such close 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.
(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.
(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.
No Court inferior to that of a Presidency Magistrate or a Magistrate of the second class shall try any offence against this Act.
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 an act which is by Section 3 declared to be unlawful.
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 animal in bona fide defence of property.
[Repealed by the Second Repealing and Amending Act, 1914 (17 of 1914), Section 3 and Schedule II.]
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, rhinoceroses4 and sheep.
1. The Act has amended in its application to West Bengal by the Bengal Rhinoceros Preservation Act, 1932 (Ben. 8 of 1932); the U.P. by the Wild Birds and Animals Protection (U.P. Amendment) Act, 1934 (U.P. 13 of 1934), and in its application to the C.P. by the Wild Birds and Animals Protection (C.P. Amendment) Act, 1935 (C.P. 27 of 1935); Ajmer by the Wild Birds and Animals Protection (Ajmer Amendment) Act, 1954 (Ajmer 4 of 1954).
2. Substituted by the A. O. 1950, for the former sub-section.
3. Inserted by 2 A.L.O., 1956 (w.e.f. 1-11-1956).
4. In the application of the Act to Bengal, the word rhinoceroses has been repealed by the Bengal Rhinoceros Preservation Act, 1932 (Ben. 8 of 1932), Section 7.