THE
NORTH WEST FRONTIER PROVINCE WILD-LIFE (PROTECTION, PRESERVATION, CONSERVATION
AND MANAGEMENT). ACT, 1975.
1st August, 1975.
N.-W. F. P. ACT No. V OF 1975.
[First published after having received the assent of the Governor of the North-West Frontier Province, in the Gazette of North-West Frontier Province (Extraordinary), dated the 1st August, 1975].
AN
ACT
to amend an consolidate the law relating to protection, preservation, conservation and management of wild-life in the North-West Frontier Province.
1st August, 1975.
N.-W. F. P. ACT No. V OF 1975.
[First published after having received the assent of the Governor of the North-West Frontier Province, in the Gazette of North-West Frontier Province (Extraordinary), dated the 1st August, 1975].
AN
ACT
to amend an consolidate the law relating to protection, preservation, conservation and management of wild-life in the North-West Frontier Province.
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Preamble |
WHEREAS it is expedient to amend and consolidate the law relating to
protection, preservation, conservation and management of wildlife in the
North-West Frontier Province, in the manner hereinafter appearing;
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It is hereby enacted as follows: —
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Short title extent and commencement |
1.
(1) This act may be called the North-West Frontier Province, Wild-life
(Protection, Preservation, Conservation and Management) Act,
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(2) It extends to the whole of the
North-West Frontier Province, except the Tribal Areas.
(3) It shall come into force at once.
(4) Nothing hereinafter provided shall be deemed to authorise any person to hunt in the reserved or protected forest or protected waste land as constituted and declared under the provisions of the Forest Act, 1927 (Act XVI of 1927), or the Hazara Forest Act, 1936 (N.-W. F. P. Act VI of 1937), or on any person's private property with out permission.
(5) The provisions of this Act shall not apply to Dhakani petgrey partridges.
(3) It shall come into force at once.
(4) Nothing hereinafter provided shall be deemed to authorise any person to hunt in the reserved or protected forest or protected waste land as constituted and declared under the provisions of the Forest Act, 1927 (Act XVI of 1927), or the Hazara Forest Act, 1936 (N.-W. F. P. Act VI of 1937), or on any person's private property with out permission.
(5) The provisions of this Act shall not apply to Dhakani petgrey partridges.
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Definition |
2.
On this Act, unless the context otherwise requires:—
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(a)
"Board" means the North-West Frontier Province Wild-life Management
Board, constituted under section 4;
(b) "certificate", "licence",
"special licence", "permit" or "special permit"
means respectively a certificate, a licence, a special licence, a permit or a
special permit granted or issued under this Act;
(c) "dealer", when used in relation to wild animals, trophies or meat, shall mean any person who, in the course of trade or business carried on by him whether on his own behalf or on behalf of any person,—
(i) sells, purchases or barters any wild animal, its meat or trophy;
(ii) cuts, carves, polishes, preserves, cleans, mounts or otherwise prepares any such wild animal, trophy or meat or manufactures any article there from;
(d) "game animal" means a wild animal specified in the First Schedule;
(e) "game reserve" means any area declared as such under section 17;
(f) “Government" means the Government of the North-West Frontier Province;
(g) "hunt" means any act directed immediately to the killing or capturing of a wild animal and shall include taking the nest or egg of a wild animal;
(h) "meat" means the fat, blood, flesh or any eatable part of wild animal, whether fresh or preserved;
(i) "national park" means an area declared as such under section 16;
(j) "offence" means an offence punishable under this Act or any rules made thereunder;
(k) "officer" means any person appointed as such under section 3 and includes every forest officer as defined In the Forest Act, 1927 (Act XVI of 1927), and the Hazara Forest Act, 1936 (N.-W. F. P. Act VI of 1937);
(l) "prescribed" means prescribed by rules;
(m) "private game reserve" means an area declared as such under section 19;
(n) "protected animals" means a wild animal specified in the” Third Schedule;
(o) "province" means the North-West Frontier Province;
(c) "dealer", when used in relation to wild animals, trophies or meat, shall mean any person who, in the course of trade or business carried on by him whether on his own behalf or on behalf of any person,—
(i) sells, purchases or barters any wild animal, its meat or trophy;
(ii) cuts, carves, polishes, preserves, cleans, mounts or otherwise prepares any such wild animal, trophy or meat or manufactures any article there from;
(d) "game animal" means a wild animal specified in the First Schedule;
(e) "game reserve" means any area declared as such under section 17;
(f) “Government" means the Government of the North-West Frontier Province;
(g) "hunt" means any act directed immediately to the killing or capturing of a wild animal and shall include taking the nest or egg of a wild animal;
(h) "meat" means the fat, blood, flesh or any eatable part of wild animal, whether fresh or preserved;
(i) "national park" means an area declared as such under section 16;
(j) "offence" means an offence punishable under this Act or any rules made thereunder;
(k) "officer" means any person appointed as such under section 3 and includes every forest officer as defined In the Forest Act, 1927 (Act XVI of 1927), and the Hazara Forest Act, 1936 (N.-W. F. P. Act VI of 1937);
(l) "prescribed" means prescribed by rules;
(m) "private game reserve" means an area declared as such under section 19;
(n) "protected animals" means a wild animal specified in the” Third Schedule;
(o) "province" means the North-West Frontier Province;
(p)
"rules" means rules made under this Act;
(q) "Schedule" means Schedule appended to this Act;
(r) "section" means a section of this Act;
(s) "trophy" means any dead body or any horn, antler, tooth, tusk, bone, claw, hoof, skin, hair, feather, egg-shell or other durable part of game animal or protected animal whether or not included in a manufactured or processed article;
(t) "wild animal" means wild birds or animals specified in the First and Third Schedules;
(u) "wild-life" includes organic resources, animals, birds, reptiles, vegetation, soil and water; and
(v) "wile-life sanctuary" means the area declared as such under section 15,
(q) "Schedule" means Schedule appended to this Act;
(r) "section" means a section of this Act;
(s) "trophy" means any dead body or any horn, antler, tooth, tusk, bone, claw, hoof, skin, hair, feather, egg-shell or other durable part of game animal or protected animal whether or not included in a manufactured or processed article;
(t) "wild animal" means wild birds or animals specified in the First and Third Schedules;
(u) "wild-life" includes organic resources, animals, birds, reptiles, vegetation, soil and water; and
(v) "wile-life sanctuary" means the area declared as such under section 15,
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Appointment of officers |
3.
(1) Government may. for the purposes of this Act, appoint such officers,
including honorary officers, on such terms and conditions as it may
determine.
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(2) Except as may otherwise be
prescribed, as honorary officer shall have all powers conferred by this Act and
shall hold office for such period and subject to such conditions as may be
prescribed.
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Constitution of the Board |
4.
(1) As soon as may be after the commencement of this Act, Government shall
establish a Board to be called the North-West Frontier Province Wild-life
Management Board.
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1[(2) The Board shall perform the
functions specified in sections and such other functions as Government may,
from time to time, assign to it.]
(3) The Board shall consist of—
(i) a Chairman; and
(ii) such number of members as may be appointed by Government.
(4) Chief Minister of the Province shall be the Chief Game Warden and ex-officio Chairman of the Board.
(5) A member shall, unless he sooner resigns or is removed by Government, hold office for such term as may be prescribed.
(6) The Chairman may appoint any person as Secretary of the Board.
(7) The meeting of the Board shall be held at such times and at such places and in accordance with such procedure as may be prescribed.
2[5. Functions of the Board;—The Board shall—
(a) advise Government on policy decisions relating to conservation and development of wild-life and game management in the Province;
(3) The Board shall consist of—
(i) a Chairman; and
(ii) such number of members as may be appointed by Government.
(4) Chief Minister of the Province shall be the Chief Game Warden and ex-officio Chairman of the Board.
(5) A member shall, unless he sooner resigns or is removed by Government, hold office for such term as may be prescribed.
(6) The Chairman may appoint any person as Secretary of the Board.
(7) The meeting of the Board shall be held at such times and at such places and in accordance with such procedure as may be prescribed.
2[5. Functions of the Board;—The Board shall—
(a) advise Government on policy decisions relating to conservation and development of wild-life and game management in the Province;
1. In section 4 Sub-section (2) substituted by N.-W. F. P. Ordinance No. II of 1984 Section 2.
2. Section 5 substituted by N.-W. F. P. Ord. No. II of 1984, Section 3.
(b) scrutinize the development schemes relating to wild-life
and game management in the Province referred to it by Government; and
(c) review the progress of development activities in the field of wild-life protection, preservation, conservation and management in the province.]
6. 1[.. ....]
(c) review the progress of development activities in the field of wild-life protection, preservation, conservation and management in the province.]
6. 1[.. ....]
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7. Government may require the Board lo furnish it with any document return, statement, estimate, information of report regarding any statement, matter 2[pertaining to the functions] of the Board and the Board shall comply with every such requisition. |
Returns and statement
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8.
No person shall—
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Restriction on hunting
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(i) hunt any wild animal by means of a set gun. drop
spear, deadfall, gun trap, explosive projectile, bomb, grenade, baited hook,
net, snare or any other trap, an automatic weapon, or a weapon of a calibre
used by the Pakistan Army or Police Force or by means of a projectile
containing any drug or chemical substance, likely to anaesthetie, paralyse,
stupify or render incapable an animal whether partly or totally;
(ii) hunt any protected animal:
(iii) hunt any game animal except under a permit and in accordance with the provisions of this Act or the rules:
Provided that no person shall hunt any game animal other than birds or hares with a shot-gun or with non-magnum rifle of 22 calibre or less;
(iv) use, or have in his possession any net, snare, bhagwa, poison or like injurious substance for the purpose of hunting a game animal;
(v) use vehicle of any type to pursue any game animal, or to drive or stampede game animal for any purpose whatsoever;
(vi) shoot any game animal from any conveyance or from within two hundred yards of the conveyance;
(ii) hunt any protected animal:
(iii) hunt any game animal except under a permit and in accordance with the provisions of this Act or the rules:
Provided that no person shall hunt any game animal other than birds or hares with a shot-gun or with non-magnum rifle of 22 calibre or less;
(iv) use, or have in his possession any net, snare, bhagwa, poison or like injurious substance for the purpose of hunting a game animal;
(v) use vehicle of any type to pursue any game animal, or to drive or stampede game animal for any purpose whatsoever;
(vi) shoot any game animal from any conveyance or from within two hundred yards of the conveyance;
1. Section 6 omitted by N.W.F.P.
Ord. No. II of 1984 section 4.
2. The words "under the control" substituted by N.-W. F. P. Ord. No. II of 1984.
2. The words "under the control" substituted by N.-W. F. P. Ord. No. II of 1984.
3[(vii)
except in the case of ducks of all kinds, hunt with the help of decoys or call
birds;]
(viii) construct or use, for the purpose of hunting any wild animal, any pitfall, game pit, teach or similar excavation, any fence or enclosure, or use bhagwa or any other similear contribance:
Provided that it shall not be an offence to use —
(a) a motor vehicle or aircraft to drive any wild animal away from an aerodrome or airstrip when such action is necessary to ensure the safety of aircraft using that aerodrome;
(b) any one or more of the aforesaid prohibited methods if the officer authorised in this behalf grants, at his discretion, a licence with permission to employ such method ;
3[(ix) except in the case of ducks of all kinds, hunt after sunset and before sunrise; ]
(x) hunt by hiding near a water hole of salt licks.
(viii) construct or use, for the purpose of hunting any wild animal, any pitfall, game pit, teach or similar excavation, any fence or enclosure, or use bhagwa or any other similear contribance:
Provided that it shall not be an offence to use —
(a) a motor vehicle or aircraft to drive any wild animal away from an aerodrome or airstrip when such action is necessary to ensure the safety of aircraft using that aerodrome;
(b) any one or more of the aforesaid prohibited methods if the officer authorised in this behalf grants, at his discretion, a licence with permission to employ such method ;
3[(ix) except in the case of ducks of all kinds, hunt after sunset and before sunrise; ]
(x) hunt by hiding near a water hole of salt licks.
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Prohibition to employ hawks and dogs with out special licence |
9.
No person shall use hawks for hawking or dogs for coursing the game animals
except upon payment of a fee.—
(i) of one hundred rupees per annum, in the ease of an hawk; and (ii) of twenty rupees per annum, in case of a pair of grey hounds, |
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Animal found dead or killed or
caught unlawfully.
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10.
Any protected animal or game animal which is found dead or which has been
killed or caught otherwise than in accordance with the provisions of this Act
and any meat or trophy thereof shall be property of Government.
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Certificate of Lawful possession
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11.
(1) No person shall be possession of any wild animal, dead of alive, trophy
or meat of a kind specified in the Second Schedule unless he be in possession
of a Certificate of Lawful Possession granted in respect thereof by the
officer authorised in this behalf:
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Provided that any person importing
any wild animal, trophy or meat of a wild animal in accordance with the
provisions of this Act, or acquiring such animal, trophy or meat in accordance
with the terms of a permit issued under this Act. shall obtain such certificate
by applying to the authorised officer within thirty days from the date of
importing or acquiring the animal, trophy or meat.
(2) The officer authorised in this behalf may mark or register the animal, trophy or meat in respect of which a Certificate of Lawful Possession is issued, in the prescribed manner, or he may seize; pending the taking of legal action under this Act, any such animal, trophy or meat which in his opinion has not been legally imported or acquired.
(2) The officer authorised in this behalf may mark or register the animal, trophy or meat in respect of which a Certificate of Lawful Possession is issued, in the prescribed manner, or he may seize; pending the taking of legal action under this Act, any such animal, trophy or meat which in his opinion has not been legally imported or acquired.
3. In section 8 clauses (vii) and (ix) Positively substituted Act No. V of 1976 Section 2 (a, ) (b).
(3) No person shall
counterfeit,change or in any way interfers with any mark or registration of
animal, trophy or meat for which a Certificate of Lawful Possession has been
issued or alter or in any way change a Certificate of Lawful Possession.
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12. (1) No person shall transfer by gift, sale or otherwise to any other person any animal, trophy or meat of a kind specified in sub-section (1) of section 11 unless he be in possession of a Certificate of Lawful Possession in respect thereof, and such certificate is endorsed with details of the transaction and given to the transfer at the time of the transfer. |
Restriction on transfer of
animals, trophies or meat
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(2) No person shall receive by gift,
purchase or otherwise any animal, trophy or meat of a kind specified in
sub-section (1) of section 11 unless he receives at the same time a valid
Certificate of Lawful Possession in respect thereof.
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13. [(1) No person shall import or attempt to import in to the Province any wild animal of an endemic or exotic species, or any trophy or meat of a kind specified in sub-section (1) of section 11, except under an import permit granted under this Act and if such import be from outside Pakistan except through a customs post of entry and subject to any law relating, to control on imports for the time being in force. |
Restriction on import and export o
animals, trophies or meat.
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(2) No person shall export or
attempt to export out of the Province any animal, trophy or meat specified in
sub-section (1) of section 11 except under an export permit granted under this
Act and if such export be to any country outside Pakistan except through a
customs post of exit and subject to any law relating to control on export for
the time being in force.
(3) Nothing in this section shall apply to any animal, trophy or meat in transit through the Province if such animal, trophy or meat.—
(i) is accompanied by necessary transit customs documents;
(ii) is entered through a customs post of entry or is schedules to a customs post of exit; or
(iii) is not unloaded from the conveyance on which it is being carried or, in the case of rail or air transport, it does not leave the precincts of the railway station or airport at which it is landed or trans-shipped or does not remain therefor more than forth-eight hours.
(3) Nothing in this section shall apply to any animal, trophy or meat in transit through the Province if such animal, trophy or meat.—
(i) is accompanied by necessary transit customs documents;
(ii) is entered through a customs post of entry or is schedules to a customs post of exit; or
(iii) is not unloaded from the conveyance on which it is being carried or, in the case of rail or air transport, it does not leave the precincts of the railway station or airport at which it is landed or trans-shipped or does not remain therefor more than forth-eight hours.
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14. (1) No person shall as a profession, trade or business, buy, sell or otherwise deal in wild animal, trophies or meat thereof or proceess or manufacture goods or articles from such trophies or meat, unless he is in possession of a valid licence, hereinafter called a dealer's licence, to do so, issued by an officer authorised in this behalf. |
Restriction on dealings in
animals, trophies or meat
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(2) The officer
authorised under sub-section (I) may, on payment of such fees as may be
prescribed, grant a dealer's licence to be valid for one year to any person
which shall entitle the licensee to deal in any wild animal, trophy or meat
thereof, or any class of wild animals, throphies or meat specified in such
licence.
(3) For the purpose of assessment of
fees, dealers may be divided into different classes and a different fee may be
prescribed for each class.
(4) The holder of the dealer's licence shall maintain such register or record of his dealings in such manner as may be prescribed, and shall produce them for inspection at any reasonable time when called upon to do so.
(4) The holder of the dealer's licence shall maintain such register or record of his dealings in such manner as may be prescribed, and shall produce them for inspection at any reasonable time when called upon to do so.
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Wildlife sanctuary |
15.
(1) Government may, by notification in the officials Gazette, declare any
area which is the property of Government or over which Government has
proprietary rights to be wild-life sanctuary and may demarcate it in such
manner as maybe prescribed.
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(2) The wild-life sanctuary shall be
set aside as un-disturbed breeding ground for the protection of wild-life and
access thereto for public shall, except in accordance with the rules, be
prohibited and no exploitation of forest therein shall be allowed except for
reducing fire-hazards, epidemic or insect attacks or other natural calamities.
(3) No person shall—
(i) enter or reside,
(ii) cultivate any land,
(iii) damage or destroy any vegetation,
(iv) hunt, kill or capture any wild animal or tire any gun or other fire-arm within one mile of the boundaries-,
(3) No person shall—
(i) enter or reside,
(ii) cultivate any land,
(iii) damage or destroy any vegetation,
(iv) hunt, kill or capture any wild animal or tire any gun or other fire-arm within one mile of the boundaries-,
- introduce any exotic species of airaal or plant,
- introduce any domestic animal or allow it to stray,
- cause any fire, or
- pollute water, in a wild-life sanctuary:
Provided that Government may, for
scientific purposes or for aesthetic enjoyment or betterment of scenery,
authorise the doing of the aforementioned acts.
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National Park |
16.
(1) With a view to the protection and preservation of scenery, flora and
fauna in the natural estate, Government may, by notification in the official
Gazette, declare any area which is the property of Government or over which
Government has proprietary rights to be a national park ,and may demarcate it
in such manner as may be prescribed.
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(2) A national park shall be
accessible to public for recreation, education and research subject to such
restrictions as Government may impose.
(3) Provision for access roads to and construction of rest houses, hostels and other buildings in the national park along with amenities for public may be so made and the forest therein shall be so managed and forest produce obtained as not to impair the object of the establishment of the national park.
(4) The following acts shall be prohibited in a national park:—
(i) hunting, shooting, trapping, killing or capturing of any wild animal in a national park or within three miles radius of its boundary;
(ii) firing any gun or doing any other act which may disturb any animal or bird or doing any aci which interferes with the breading places;
(iii) felling, tapping, burning or in any way damaging or destroying, taking, collecting or removing any plant or tree therefrom
(iv) clearing or breaking up any land for cultivation, mining or for any other purposes; and
(v) polluting water flowing in and through the national park:
Provided that Government may, for scientific purpose or betterment of the national park, authorise the doing of the aforementioned prohibited act.
(3) Provision for access roads to and construction of rest houses, hostels and other buildings in the national park along with amenities for public may be so made and the forest therein shall be so managed and forest produce obtained as not to impair the object of the establishment of the national park.
(4) The following acts shall be prohibited in a national park:—
(i) hunting, shooting, trapping, killing or capturing of any wild animal in a national park or within three miles radius of its boundary;
(ii) firing any gun or doing any other act which may disturb any animal or bird or doing any aci which interferes with the breading places;
(iii) felling, tapping, burning or in any way damaging or destroying, taking, collecting or removing any plant or tree therefrom
(iv) clearing or breaking up any land for cultivation, mining or for any other purposes; and
(v) polluting water flowing in and through the national park:
Provided that Government may, for scientific purpose or betterment of the national park, authorise the doing of the aforementioned prohibited act.
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17. Government may declare any area to be a game reserve, where hunting and shooting of wild animal shall not be allowed, except under special permit, which may specify the maximum number of animals or birds that may be killed or captured and the area and duration for which; such permits shall be valid. |
Game reserve
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18.
Government may, from time to time, by notification in the official Gazette,
declare any alteration in the boundaries of wild-life sanctuary, of national
park, and game reserve declared under this Act.
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Alteration of boundaries of
wildlife sanctuary national park and game reserve
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19.
(1) Where Government is satisfied that an area of private land Private game
has been dedicated by its owner for the purposes similar to a game reserve,
reserve, it may, by notification in the official Gazette, and on the
application of the owner of the area, declare such area to be a private game
reserve.
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Private game reserve
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(2) Hunting and shooting of wild
animals by any person other than the owner of the area shall not be allowed in
a private game reserve except with the permission of the owner thereof.
(3) The owner of a private game reserve shall exercise within the limits of his private game reserve the same powers as are exercisable by an officer under this Act.
(4) Government may, by notification in the official Gazette, at any time, declare that any private game reserve shall cease to by a private game reserve.
(3) The owner of a private game reserve shall exercise within the limits of his private game reserve the same powers as are exercisable by an officer under this Act.
(4) Government may, by notification in the official Gazette, at any time, declare that any private game reserve shall cease to by a private game reserve.
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Penalties |
20.
(1) Whoever contravenes or attempts to contravene. —
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(i)
any provisions of sections 11, 12, 13 and 14 shall be punished with
imprisonment which may extend to a period of one year or with fine which may
extend to one thousand rupees, or with both, and any licence or permit granted
or issued to him under this Act shall be suspended for a period of two years;
(ii) any provisions of section 8 shall be punished with imprisonment which may extend to two years, or with fine which may extend to one thousand rupees, or with both;
(iii) any provisions of section 9, 10 and 27 shall be punished with a fine which may extend to five hundred rupees:
(iv) any provisions of this Act or any rule for the contravention of which no specific penalty is provided, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(2) Whoever interferes or attempts to interfere in the performance of any functions or in the discharge of any duties under this Act, shall be punished as in clause (i) of sub-section (1).
(3) Whoever, having already been convicted of an offence under sub-section (1) or sub-section (2) is again convicted thereunder, shall, on every subsequent conviction, be punished with imprisonment which shall not be less than twelve months, or with fine which shall not be less than one thousand rupees or both, and his fire-arm, vehicle, appliance or anything used in the commission of the offence and his hunting licence shall be confiscated and he shall not be eligible to a hunting permit, licence or a special permit for a period of two years.
(ii) any provisions of section 8 shall be punished with imprisonment which may extend to two years, or with fine which may extend to one thousand rupees, or with both;
(iii) any provisions of section 9, 10 and 27 shall be punished with a fine which may extend to five hundred rupees:
(iv) any provisions of this Act or any rule for the contravention of which no specific penalty is provided, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(2) Whoever interferes or attempts to interfere in the performance of any functions or in the discharge of any duties under this Act, shall be punished as in clause (i) of sub-section (1).
(3) Whoever, having already been convicted of an offence under sub-section (1) or sub-section (2) is again convicted thereunder, shall, on every subsequent conviction, be punished with imprisonment which shall not be less than twelve months, or with fine which shall not be less than one thousand rupees or both, and his fire-arm, vehicle, appliance or anything used in the commission of the offence and his hunting licence shall be confiscated and he shall not be eligible to a hunting permit, licence or a special permit for a period of two years.
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Abetment of an offence |
21.
Abetment of any offence under this Act of the rules made thereunder shall be
punishable as the offence.
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Killing of capturing in
self-defence
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22.
(1) Not with standing any other provision of this Act, it shall not be an
offence if___
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(a) any
person kills any wild animal by any means in the immediate defense of his own
life or that of any other person;
(b) the owner of standing crops or his employee kills any wild animal which is doing material damage to those crops by any means within the bounds of those crops ;
(c) the owner of livestock or his employees kills any wild animal that is doing damage to the livestock by any means within a reasonable distance where that livestock is grazing or where it is enclosed for the night;
Provided that clause (b) and clause (c) shall not apply to any unlawful cultivation in a national park, wildlife sanctuary and a reserved or protected forest or any livestock unlawfully grazing or herded therein.
(2) The killing under sub-section (1) of wild animals specified in the First and Third Schedules shall be reported to the nearest office established for the purposes of this Act with the least possible delay.
(3) The meat or trophy of any wild animal killed in self-defence shall be the property of Government and shall be disposed of as directed by the officer authorised in this behalf.
(b) the owner of standing crops or his employee kills any wild animal which is doing material damage to those crops by any means within the bounds of those crops ;
(c) the owner of livestock or his employees kills any wild animal that is doing damage to the livestock by any means within a reasonable distance where that livestock is grazing or where it is enclosed for the night;
Provided that clause (b) and clause (c) shall not apply to any unlawful cultivation in a national park, wildlife sanctuary and a reserved or protected forest or any livestock unlawfully grazing or herded therein.
(2) The killing under sub-section (1) of wild animals specified in the First and Third Schedules shall be reported to the nearest office established for the purposes of this Act with the least possible delay.
(3) The meat or trophy of any wild animal killed in self-defence shall be the property of Government and shall be disposed of as directed by the officer authorised in this behalf.
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23. When in any proceedings taken under this Act, or in consequence onus to search. of anything done under this Act, a question arises as to whether any wild animal, trophy or meat is the property of Government , such wild animal, trophy or meat shall be presumed to be the property of Government until the contrary is proved. |
Onus to search
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24.
when officer or any other person authorised by Government in this behalf, may
search any person, premises, vessel, vehicle, animal, packages receptable or
covering so as to satisfy himself whether or not an offence under this Act
has been committed.
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Power to search without warrant.
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25.
Any officer or any person authorised by Government in this behalf, may seize
any wild animal, dead or alive, together with any fire-arm net, trap, snare,
bow, arrow or any vehicle or vessel or anything whatsoever used or suspected
to have been used in the commission of an offence under this Act.
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Power of seizure
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26.
Notwithstanding any other provision of this Act, the officer or any other
person authorised in this behalf, may sell any property seized, under section
25 which, is subject to speedy and natural decay and may, subject to the
determination of the rights thereto, deal with the proceeds in such manner as
may be prescribed.
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Procedure as to perishable
property seized.
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27.
Every person in possession of any wild animal specified in the Third Schedule
shall produce his Certificate of Lawful Possession on demand made by any
officer or any other person authorised by Government in this behalf.
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Duty to produce permit on demand
made by any officer or person authorised in this behalf
|
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28.
Every coupe purchaser of forest produce, Lambardar, Canal Patwari, Public
Works Department Daroga, Chowkidar, Dafadar, village watchman, Abdar,
Zilladar, Revenue Patwari, Qanungo and Tehsildar shall be bound, in the
absence of reasonable excuse, to give to any officer or any person authorised
in this behalf by Government, information in respect of any snaring,
trapping, netting, unauthorized killing, or any other offence under this Act,
committed within the limits of his jurisdiction, as soon as the commission of
such offence comes to his knowledge.
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Duty of coupe purchaser,
chowkidar, village watchman, etc.
|
|
29.
When the offender is not known or cannot fee found any officer authorised in
this behalf may, if he finds that an offence has been committed, confiscate
the property used in the commission of the offence.
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Procedure when offender not known
or cannot be found
|
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30.
Every officer or any other person authorised by Government in this behalf
shall be competent to prevent by all lawful means the commission of any
offence under this Act.
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Power to prevent commission of
office
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31.
Cognizance of any offence under this Act shall not be taken by any Court
except on the complaint of the officer or any person authorised by Government
in this behalf.
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Person who may lodge complaints
|
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Court which is competent to take
cognizance of offence
|
32.
No court inferior to that of a Magistrate of the First Class shall take
cognizance of and try an offence under this Act.
|
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Power to try offences similarly
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33.
The District Magistrate or any Magistrate of the First Class specially
empowered in this behalf by Government may try summarily any offence
punishable under this Act.
|
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Prosecution of offences under any
other law
|
34.
Nothing contained 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 any other
few to any higher punishment or penalty than that provided by this Act,
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Power to compound offence
|
35.
(1) Government may, by notification in the official Gazette, empower an
officer —
|
(a) to
accept from any person against whom reasonable suspicion exists that he has
committed any offence under this Act, a sum of money by way of compensation for
such offence;
(b) when any property has been seized as liable to confiscation, to release the same on payment of the value there of as estimated by such officer.
(2) On the payment of compensation, such sum of money, or such value or property under sub-section (1) or both, as the case may be, the suspected person if in custody, shall be discharged and 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 as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of five hundred rupees.
(4) No officer shall have power to compound a second and subsequent offence under this Act.
(b) when any property has been seized as liable to confiscation, to release the same on payment of the value there of as estimated by such officer.
(2) On the payment of compensation, such sum of money, or such value or property under sub-section (1) or both, as the case may be, the suspected person if in custody, shall be discharged and 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 as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of five hundred rupees.
(4) No officer shall have power to compound a second and subsequent offence under this Act.
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Government may invest officer with certain powers |
36.
Government may invest any officer or any other person behalf with all or any
of the following powers, that is to say —
|
(a) the
powers of a Civil Court to compel the attendance of witnesses and the
production of documents and material objects;
(b) the power to issue a search warrant under the Code of Criminal Procedure, 1898 (Act V of 1898);
(c) the power to hold an inquiry into offence under this Act and in the course of such inquiry to receive and record evidence; and
(d) the powers to prosecute a case before a Magistrate.
(b) the power to issue a search warrant under the Code of Criminal Procedure, 1898 (Act V of 1898);
(c) the power to hold an inquiry into offence under this Act and in the course of such inquiry to receive and record evidence; and
(d) the powers to prosecute a case before a Magistrate.
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Officers, etc., to be public services |
37.
The officers or persons authorised under any provisions of this to certain
thing or act in certain manner shall be deemed to be public servants within
the meaning of the Pakistan Penal Code (Act XLV of 1860),
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|
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38.
No suit, prosecution or other legal proceedings shall be lie against
Projection any officer for anything in good faith done or intended to be done
in pursuance of any provision of this Act or the rules made thereunder.
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Protection of action taken under
this act
|
|
|
39.
Every police officer shall, upon request made by any officer or person
employed under this Act, assist him in the due discharge of his duties under
this act.
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Duty of police officer
|
|
|
40.
Government may, by notification in the official Gazette, delegate all or any
of the powers conferred upon it under the provisions of this Act to any
Officer subordinate to it.
|
Delegation of powers
|
|
|
41.
Notwithstanding anything contained in this Act. Government in the interest of
any scientific or public purpose, 'allow, by notification in the official'
Gazette , killing and capturing of such wild animals in such places and by
such means as may be specified in the notification.
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Power to grant exemption
|
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42.
Government may by notification the official Gazette, in respect to any
specified area
|
Powers to add to or exclude from
schedule
|
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(i) add to or exclude from the Schedules any wild
animals, subject to such conditions as H may impose in each case; and
(ii) alter the period during which any wild animal specified in the First Schedule may be killed.
(ii) alter the period during which any wild animal specified in the First Schedule may be killed.
|
43. (1) Government may make rules for rules purposes of carrying Power to make into effect the provisions of this Act. |
Power to make rules
|
(2) In particular and without
prejudice to the generality of the forgoing powers, such rules may provide for—
(a) the powers and duties of the officers and other person specially authorised to perform functions under this Act;
(b) the form in which, the terms and conditions on which, a licence special licence, a permit or special permit may be granted ;
(c) the fees! to be charged for any licence or permit or special licence or special permit;
(d) in the case of any species of wild animals, the number and the sex that may be killed under a special permit;
(e) reward to persons who render help in detection of offences under this Act;
(f) the authorities by whom, the conditions on which, and the manner in which licences may be issued ; and
(g) the management of wild-life sanctuaries, national parks and game reserves.
(a) the powers and duties of the officers and other person specially authorised to perform functions under this Act;
(b) the form in which, the terms and conditions on which, a licence special licence, a permit or special permit may be granted ;
(c) the fees! to be charged for any licence or permit or special licence or special permit;
(d) in the case of any species of wild animals, the number and the sex that may be killed under a special permit;
(e) reward to persons who render help in detection of offences under this Act;
(f) the authorities by whom, the conditions on which, and the manner in which licences may be issued ; and
(g) the management of wild-life sanctuaries, national parks and game reserves.
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Repeal and saving
|
44.
(1) The following enactments are hereby repealed:—
|
(a) The Wild
Birds and Animals Protection Act, 1912 (Act, No. No. VIII of 1912);
(b) The West Pakistan Wild-life Protection Ordinance, 1959 (W. P. Ord. No. LVI of 1959);
(c) The North-West Frontier Province Wild-life (Protection, Preservation, Conservation and Management) Ordinance, 1975 (N.-W. F. P. Ord. No. V of 1975).
(2) Notwithstanding the repeal of the enactments mentioned in sub-section (1), everything done, action taken, obligations, liability, penalty or punishment incurred, inquiry or proceedings commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and licence or order issued under the provisions of the said enactments or rules made thereunder shall continue in force, and so far as may be, deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Act and any enactment or document referring to any of the said provisions shall, as far as may. be, construed to refer to this Act or the corresponding provisions thereof.
(b) The West Pakistan Wild-life Protection Ordinance, 1959 (W. P. Ord. No. LVI of 1959);
(c) The North-West Frontier Province Wild-life (Protection, Preservation, Conservation and Management) Ordinance, 1975 (N.-W. F. P. Ord. No. V of 1975).
(2) Notwithstanding the repeal of the enactments mentioned in sub-section (1), everything done, action taken, obligations, liability, penalty or punishment incurred, inquiry or proceedings commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and licence or order issued under the provisions of the said enactments or rules made thereunder shall continue in force, and so far as may be, deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Act and any enactment or document referring to any of the said provisions shall, as far as may. be, construed to refer to this Act or the corresponding provisions thereof.
SCHEDULE.
FIRST SCHEDULE.
[See sections 2 (d), (t), 22 (2) and 42 (ii)]
FIRST SCHEDULE.
[See sections 2 (d), (t), 22 (2) and 42 (ii)]
GAME ANIMALS i. e., ANIMALS WHICH
SHALL ONLY BE HUNTED UNDER THE TERMS OF A GAME
SHOOTING OR GAME CAPTURE LICENCE.
SHOOTING OR GAME CAPTURE LICENCE.
Part
1.—(Animal which may be hunted on a small Game shooting Licence).
|
Name
of Animals
|
Number
Allowed
|
Fee
for Licence
|
Time
and Season
hunting permitted |
Localities
in which
hunting permitted |
|
1
|
2
|
3
|
4
|
5
|
|
Anatidae : Ducks
|
Unlimited, but not more than 1
(twenty) ducks of all species combined may be killed in any one day. Teal.
|
Rs.
25/-
|
2(lst September to 15th April.)
|
Wherever found.
|
|
Dendrocycna bicolor; Large
whistling Teal.
|
|
|
|
|
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Tadorna feruqinea: Ruddy
|
|
|
|
|
1. In the first schedule
in Column 2 for the word "Five " substituted by N.-W. F. P. Act V of
1976.
2. In the first Schedule
in column No. 4. for the words and figures "1st November to 1st
March" substituted by Act V of 1976.
|
1
|
2
|
3
|
4
|
5
|
|
Sheldwck or Brahraiy Dock.
Tadornatadorn: Common Shelduck , Anas acuta: Pntail Anas crecca Common Teal Anas platyrhynchios: Mallard. Anas strepera: Gadwall Anas falacata: Falcited Teal Anas penelope Wigeon Querquandnla: Gragany Anas clypeata: Shoveller Metta refina: Red-creasted Pochard Aythya nyroca: White-eyed Pochard. Aythya ferino: Common Pochard Aythya bearli: Rear's Pochard Aythya fuliqula: Tufted Duck Aythya marila: Scaup |
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Clanqula hymalis: Old squaw
|
|
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Long-tailed Duck
|
|
|
|
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Bucephalus clangula: Goldeneya
Duck
|
|
|
|
|
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Merqus abelius: Smew
|
|
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Merqus merqanser: Goesandar
|
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Merqus serrator: Red-breasted
merganser
|
|
|
|
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Phasianidae and Turnicida:
Partridge, Quails.
|
|
|
|
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Arnmoperdix griseogularis: Seesee
Partridges.
|
Unlimited, but not more than four
per day.
|
Rs. 25/-
|
Wednesday, Sunday and
gazetted holdidays,from 1st November to 1st March.
|
Wherever found,
|
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Alectorisquracca : — Chukor
|
Ditto.
|
Ditto.
|
Ditto.
|
Ditto.
|
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Francelinus pondicarianus : Grey
Partridges.
|
Ditto.
|
Ditto.
|
Ditto.
|
Ditto.
|
|
Coturniz Coturniz Common quail
|
Unlimited, but not more than 10 of
all species of quail and Button quail combined in a my one day.
|
|
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