(Pb Act II of 1974)
[1 February 1974 ]
An Act to provide for the
protection, preservation, conservation and management of wildlife in the
Province of the Punjab
Preamble.– WHEREAS it is expedient to provide
for the protection, preservation, conservation and management of wildlife in
the Province of the Punjab , in the manner
hereinafter appearing;
It is hereby enacted as follows:-
1. Short
title, extent and commencement.– (1) This Act may be called the Punjab Wildlife (Protection,
Preservation, Conservation and Management) Act, 1974.
(2) It
extends to the whole of the Province of the Punjab .
(3) It shall come into force at once and
shall be deemed to have taken effect on and from the day the Punjab Ordinances
Temporary Enactment Act, 1973 (Punjab Act No. VI of 1973), in so far as it
enacted the provisions of the Punjab Wildlife (Protection, Preservation,
Conservation and Management) Ordinance, 1972 (Ordinance No. XXI of 1972),
expired.
(4) Nothing hereinafter provided shall be
deemed to authorise any person to hunt in the reserved or protected forests as
constituted and declared under the provisions of the Forest Act, 1927 (Act XVI
of 1927).
2. Definitions.– In this Act, unless the context
otherwise requires, the following words and expressions shall have the meanings
hereby respectively assigned to them, that is to say–
(a) “Board” means the Punjab Wildlife Management
Board constituted under section 5;
(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 other
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 animal, trophy or meat, or manufactures
any article therefrom;
(e) “game
reserve” means any area declared as such under section 18;
(f) “Government” means the Government of the Punjab ;
(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 17;
(j) “offence” means an offence punishable under
this Act or any rule made thereunder;
[6][6][(k) “officer”
means the Chief Wildlife Warden,
Director General Wildlife and Parks, Director Wildlife and Parks, Deputy
Director Wildlife, Assistant Director Wildlife, District Wildlife Officer,
Wildlife Supervisor, Wildlife Inspector, Head Wildlife Watcher and Wildlife
Watcher or any other officer appointed to perform any function under this Act;]
(l) “prescribed” means prescribed by rules;
(m) “private game reserve” means an area declared
as such under section 20;
(n) “Protected animal” means a wild animal
specified in the Third Schedule;
(o) “rules” means rules made under this Act;
(p) “Schedule” means Schedule appended to this
Act;
(q) “section” means a section of this Act;
(r) “trophy” means a 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 articles;
[9][9][(s) “wild animal”
means a wild bird or animal specified in the First, Second, Third and Fourth
Schedules;]
(t) “wildlife” includes organic resources,
animals, birds, reptiles, vegetation, soil and water;
(v) “unprotected animals” means a wild bird or
wild animal specified in the Fourth Schedule [14][14][; and]
3. Appointment
of officers.–
Government may determine the number and class of officers including honorary
officers to be appointed under this Act; provided that an honorary officer
shall hold office for such period as may be specified unless the appointment is
revoked earlier by Government.
4. Powers of an honorary officer.– An honorary
officer appointed under section 3 shall have such powers of an officer as may
be prescribed.
5. Constitution
of the Board.–
(1) Government shall establish a Board to be called the Punjab Wildlife
Management Board.
(2) The
Board shall be a body corporate having perpetual succession and a common seal
with power to acquire and hold property and shall by the said name sue and be
sued.
(3) The
Board shall consist of–
(a) a Chairman;
(b) a Vice-Chairman; and
(c) such number of members as may be appointed by
Government.
(4) Chief
Minister of the Punjab shall be the chief [16][16][wildlife] warden and ex-officio
Chairman of the Board.
[17][17][(5) Minister-in-Charge
of the [18][18][Punjab Wildlife] Department shall be
the ex-officio Vice Chairman of the Board.]
(6) A
member shall, unless he sooner resigns or is removed by Government, hold office
for such term as may be prescribed.
[19][19][(7) Secretary to
Government, Forestry, Wildlife, Fisheries and Tourism Department shall be the
ex-officio Secretary of the Board.]
(8) The
meetings of the Board shall be held in accordance with such procedure as may be
prescribed.
[20][20][6. Functioning of the Board.– The Board shall act in an advisory
capacity and its functions shall be–
(a) to
advise about the formulation of policy regarding conservation and development
of wildlife and game management in the Province;
(b) to supervise the progress of the development
activities in the field of wildlife protection, preservation, conservation, and
management and to scrutinize the annual progress report submitted in this
behalf; and
(c) to undertake such other functions as may be
prescribed.]
7. Fund.– (1) There shall be a fund to be
known as “Board Fund” vested in the Board. The Fund shall be raised and
administered in such manner as may be prescribed.
(2) All
moneys at the credit of the Board shall be kept in such custody as may be
prescribed.
(3) The
Board shall maintain complete and accurate books of accounts in such form as
may be prescribed.
(4) The
accounts of the Board shall be audited in such manner as may be prescribed.
(5) Copies
of the audit report shall be sent to the Board.
(6) The
Board shall take necessary steps for rectification of an audit objection.
8. Returns and statements.– Government may
require the Board to furnish Government with any document, return, statement,
estimate, information or report regarding any matter under the control of the
Board and the Secretary of the Board shall comply with every such requisition.
9. Restriction
of hunting.–
No person shall:-
[21][21][(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 or a service weapon or
ammunition used by Armed Forces
of Pakistan, Police Force or any
other force, or by means of any drug or chemical substance,
likely to anesthetize, paralyze, stupefy or render incapable any wild animal
whether partly or totally through a projectile or otherwise;]
(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 bird or hare 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 except wild boar and vermin from any conveyance or from within
two hundred yards of the conveyance;
(vii) hunt with the help of live decoys or call birds
except quail;
(viii) construct or use, for the purpose of hunting
any wild animal, any pitfall, game pit, trench or similar excavation, any fence
or enclosure, or use bhagwa or any
other similar contrivance except duck blinds:
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 a licence with
permission to employ such method; or
(c) to hunt any unprotected animal;
(ix) hunt except ducks, wild boars and vermin after
sunset and before sunrise; and
(x) hunt by hiding within two hundred yards of a
water hole or salt licks.
10. Prohibition to employ hawks and dogs without
special licence.–
No person shall use hawks for hawking or dogs for coursing the game animals
under a licence issued for the purpose under the Act.
11. Animals found dead or killed or caught
unlawfully.– Any [22][22][wild] animal which is found dead or dying 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 the property of [23][23][Government].
12. Certificate of lawful possession.– (1) No person shall be in
possession of any wild animal unless he be in possession of a certificate of
lawful possession granted in respect thereof by the officer authorised in this
behalf:
Provided
that any person importing any wild animal, trophy or meat of a wild animal of a
kind specified in the Second Schedule 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 apply to the authorised officer for such
certificate 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.
(3) No
person shall counterfeit, change or in any way interfere 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.
13. Restriction on transfer of animals, trophies
or meat.–
No person shall receive by gift, purchase or otherwise any animal of a kind
specified in the Second Schedule unless he receives at the same time a valid
certificate of lawful possession in respect thereof.
14. Restriction on import and
export of animals, trophies or meat.– (1) No person shall import or attempt
to import into the Punjab any wild animal of endemic or exotic species, or any
trophy or meat of a kind specified in Second Schedule 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.
(2) No person shall export or attempt to
export out of the Punjab any [24][24][wild] animal, trophy or meat specified
in Second Schedule 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 [25][25][wild] animal, trophy or meat in transit
through the Punjab 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 scheduled to a customs post of exit; or
(iii) in case of road transport, is either not
unloaded from the conveyance on which it is being carried or does not remain
unloaded from such conveyance for more than ninety-six hours, or in 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.
15. Restriction on dealings in animals, trophies
or meat.–
(1) No person shall as a profession, trade or business, buy, sell or otherwise
deal in wild animals, trophies or meat thereof or process 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.
(2) The
officer authorised in this behalf 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 licencee to deal in any wild animal, trophy or meat
thereof, or any class of wild animals, trophies or meat specified in such
licence. Such licence shall be renewable in such manner as may be prescribed.
(3) For the purpose of assessment of fees,
dealers may be divided into different classes and a different fees 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.
16. Wildlife Sanctuary.– (1) 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
wildlife sanctuary and may demarcate in such manner as may be prescribed.
(2) The
wildlife sanctuary shall be set aside as undisturbed breeding ground for the
protection of wildlife 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 fire
any gun or other firearm within one mile of the boundaries,
(v) introduce any exotic species of animal or
plant,
(vi) introduce any domestic animal or allow it to
stray,
(vii) cause any fire, or
(viii) pollute water,
in
a wildlife sanctuary:
Provided that Government may for
specific purposes, as are deemed expedient, authorise the doing of the
aforementioned acts [26][26][other than those mentioned in
clause (iv)].
[27][27][16-A. Wildlife breeding farm.– (1)
The Government
may, by notification in the official Gazette, declare any area, which is the
property of the Government or over which the Government has the proprietary
rights, to be a wildlife breeding farm.
(2) The
following acts shall be prohibited in the wildlife breeding farm:-
(a) hunting,
shooting, trapping, killing or capturing of a wild animal;
(b) firing
or doing any other act which may disturb a wild animal or interfere with the
breeding places;
(c) felling,
tapping, burning or in any manner damaging, destroying, taking, collecting,
removing or taking away a plant or tree or leave, fruit or seed therefrom;
(d) polluting
water flowing in or through the wildlife park;
(e) any
act of feeding or teasing a wild animal;
(f) damaging
of any structure;
(g) any
act of teasing or harassing visitors or otherwise, creating any pandemonium;
and
(h) any
act in violation of any restrictions imposed by the Government:
Provided that the Government may,
for such purposes as it may deem expedient, authorize the doing of the
aforementioned prohibited acts except at paras (d), (e), (g), and (h).]
17. National park.– (1) With a
view to the protection and preservation of flora and fauna in the natural
state, 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.
(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 so 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 one and a half mile
radius of its boundary;
(ii) firing any firearm or doing any other act
which may disturb any animal or bird or doing any act which interferes with the
breeding 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 purpose; and
(v) polluting water flowing in and through the
national park:
Provided
that Government may, for specific purposes, as are deemed expedient, authorise
the doing of the aforementioned prohibited acts.
(2) No hunting and shooting of a wild animal shall be allowed in
the game reserve, except under a special permit, which may specify the maximum
number of game animal that may be killed or captured, the area and duration for
which such permit shall be valid:
Provided that the number of
occasions on which hunting and shooting may be allowed shall not exceed two in
a year.]
[29][29][18-A. Wildlife park, zoological
garden or zoo and safari park.–(1)
The Government may, by notification in the official gazette, declare an area
which is the property of the Government or over which the Government has
proprietary rights, to be a wildlife
park to maintain wild animal in
captivity and in a state as close to nature as possible, for the purpose of
breeding, re-introduction, recreation and public education.
(2) The Government may,
by notification in the official gazette, declare an area which is the property
of the Government or over which the Government has proprietary rights, to be a zoological garden or zoo to maintain,
breed locally extinct, endangered or threatened species of wild animal for
re-introduction, recreation and public education.
(3) The Government may, by notification in
the official gazette, declare an enclosed area which is the property of the
Government or over which the Government has proprietary rights, to be a safari park in which wild animal shall be
kept in the open space for viewing by public from a vehicle driven through.
(4) Wildlife park, safari park or
zoological garden or zoo shall be accessible to public for recreation,
education and research purposes, subject to such restrictions as the Government
may impose.
(5) Provision
for access roads to and construction of cafeteria, motel, laboratory, research
centre and any other building in the wildlife park, safari park or zoological
garden or zoo alongwith amenities for public may be made for the facilitation
of achievement of, and the forest vegetation therein shall be so managed and
forest produce so obtained as not to impair the objectives of the establishment
of such parks or zoological garden or zoo.
(6) The following acts shall be prohibited
in the wildlife park, safari park or zoological garden or zoo:-
(a) hunting,
shooting, trapping, killing or capturing of a wild animal;
(b) firing or doing any other act which may disturb
a wild animal or interfere with the
breeding place of a wild animal;
(c) felling,
tapping, burning or in any manner damaging, destroying, taking, collecting,
removing or taking away any plant or tree or leave, fruit or seed therefrom;
(d) polluting
water flowing in or through the wildlife park, zoological garden or zoo or
safari park;
(e) any
act of feeding or teasing a wild animal;
(f) damaging
of any structure;
(g) any
act of teasing or harassing visitor or otherwise, creating any pandemonium; and
(h) any
act in violation of any restriction imposed by the Government:
Provided that the Government may for
such purposes as it may deem expedient authorize the doing of any of the
aforementioned prohibited act except at para (d), (e), (g) and (h).]
19. Alteration of boundaries of wildlife
sanctuary, national park and game reserve.– Government may, from time to time,
by notification in the official Gazette, declare any alteration in the
boundaries of wildlife sanctuary, national park, and game reserve established
under this Act.
[30][30][20. Private
game reserve, wildlife park and safari park.–
(1) Where
the Government is satisfied that–
(a) an
area of land has been dedicated by its owner or owners, for the purposes
similar to a game reserve, it may, on the application of the owner or the
owners, as the case may be, by notification in the official gazette, declare
such area to be a private game reserve;
(b) an area of land has been dedicated by its owner or owners,
for the purposes similar to a safari park, it may, on the application of the
owner or the owners, as the case may be, by notification in the official
Gazette, declare such area to be a private safari park;
(c) a collection of wild animal has been kept over
an area of land dedicated by its owner or owners, for the purpose of breeding,
sale, exchange, recreation, education and research, it may, on the application
of the owner or the owners, as the case may be, by notification in the official
gazette, declare such area to be a private wildlife park;
(d) a
collection of wild animal has been kept over an area of land dedicated by its
owner or owners, for the purpose of breeding, sale and exchange, it may, on the
application of the owner or the owners, as the case may be, by notification in
the official gazette, declare such area to be a private wildlife breeding farm; and
(e) a collection of wild animal has been dedicated by its owner
or owners, for the purpose of exhibition, display and performance at public
places, it may, on the application of the owner or the owners, as the case may
be, by notification in the official gazette, declare such collection to be a circus.
(2) Hunting and shooting of a wild animal by
a person other than the owner shall not be allowed in a private game reserve
except with the permission of the owner and in the prescribed manner.
(3) Hunting and shooting of wild animal shall
not be allowed in a private wildlife park, private safari park, circus and
private wildlife breeding farm.]
(i) any provision of sections
9,10,11,12,13,14,15,20 and 28 shall be punished with imprisonment for a term,
which may extend to two years or with fine which shall not be less than ten
thousand rupees nor more than fifteen thousand rupees or with both, alongwith confiscation of the weapon and suspension of license or permit for
a period of five years;
(ii) any provision of sections 16, 16-A, 17, 18
and 18-A shall be punished with
imprisonment for a term which shall not be less than one year nor more than
five years or with fine which shall not be less than twenty thousand rupees nor
more than thirty thousand rupees or with both, alongwith confiscation
of the weapon, vehicle or any other
article used in such contravention; and
(iii) any
provision 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 ten months or with fine which
may extend to ten thousand rupees or with both.]
22. Abetment of an offence.– An abetment of
any offence under this Act or the rules made thereunder shall be punishable as
the offence.
23. Killing or capturing in self-defence.– (1) Notwithstanding any other
provision of this Act, it shall not be an offence, if–
(a) any person kills any wild animal by any means
in the immediate defence of his own life or that of any other person;
(b) the owner of livestock or his employee kills
any wild animal that is doing damage to the livestock by any means within a
reasonable distance or where that livestock is grazing or where it is enclosed
for the night:
Provided
that clause (b) 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.
(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.
24. Onus of proof.– When in any proceedings taken under
this Act or in consequence of anything done under this Act, a question arises
as to whether any wild animal, trophy or meat is the property of [32][32][Government], such wild animal, trophy or meat shall be
presumed to be the property of [33][33][Government] until the contrary is proved.
25. Power to search without warrant.– Any officer authorised by
Government in this behalf, may search any person, premises, vessel, vehicle,
animal, package, receptacle or covering so as to satisfy himself whether or not
an offence under this Act has been committed:
Provided that no premises shall be
searched under this section except under the authority of a warrant issued by
the magistrate having jurisdiction in the area.
26. Power to seizure.– Any officer authorised by
Government in this behalf, may seize any wild animal, dead or alive, together
with any firearm, 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.
27. Procedure as to perishable property seized
under section 26.–
Notwithstanding any other provision of this Act, the officer authorised in this
behalf may sell any property seized under section 26 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.
28. Duty to produce permit on demand made by any
officer or person authorised in this behalf.– Every person in possession of any
wild animal specified in the First and Third Schedule shall produce his
certificate of lawful possession on demand made by any officer authorised by
Government in this behalf.
29. Duty of coupe purchaser,
chowkidar, village watchman, etc.– 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 authorised in this behalf by Government, information in respect of any
snaring, trapping, netting, unauthorised 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.
30. Procedure when offender not
known or cannot be found.– When the offender is not known or cannot be 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.
31. Power to arrest.– (1) Any officer authorised in this
behalf may, without orders from a magistrate and without a warrant, arrest any
person against whom a reasonable suspicion exists of his having been concerned
in any offence under this Act.
(2) Every officer making an arrest under this
section shall, without delay and subject to the provisions of this Act as to
release on bond, take or send the person arrested before the magistrate having
jurisdiction in the case or before the officer-in-charge of the nearest police
station.
32. Power
to release on bond a person arrested.–
Any officer not below the rank of the Game Inspector or of an equivalent rank
who has arrested any person under section 31 may release such person on his
executing a bond to appear, if and when so required, before the magistrate
having jurisdiction in the case or before the officer-in-charge of the nearest
police station.
33. Power to prevent
commission of offence.– 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.
34. Persons who may lodge complaints.– 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.
35. Court which is competent to take cognizance
of offences.–
No court inferior to that of a Magistrate of the First Class shall take
cognizance of and try an offence under this Act.
[34][34][36. Power to try offences summarily.– Any Magistrate of the First Class, specially empowered in this
behalf by the Government, may try any offence punishable under this Act in a
summary manner, as provided in sections 262 to 265 of the Code of Criminal
Procedure, 1898:
Provided that sub section (2) of
section 262 of the Code of Criminal Procedure, 1898 shall not apply.]
37. Prosecution of offences under any other
law.– Nothing
contained in this Act shall be deemed to prevent any person from being
prosecuted under any other law for any act of commission which constitutes an
offence under this Act or from being liable under any other law to any higher
punishment or penalty than that provided by this Act.
38. Power to compound offence.– (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 thereof, as [35][35][may be prescribed].
(2) On
the payment of compensation, such sum of money, or such value of 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.
[36][36][(3) The sum of money accepted as compensation
under clause (a) of sub section (1) shall, in no case exceed the sum of ten thousand rupees in first instance and be
not less than ten thousand in second instance.]
(4) No
officer shall have power to compound a [37][37][third] and subsequent offence under this Act.
39. Government may invest officer with certain
powers.–
Government may invest any officer or any other person authorised in this 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 hold an inquiry into offences
under this Act and in the course of such inquiry to receive and record
evidence; and
(c) the power to prosecute a case before a
magistrate.
40. Officers, etc. to be public servants.– The officers or persons authorised
under any provisions of this Act to do a 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).
41. Protection of action taken under this Act.– No suit, prosecution or other legal
proceedings shall lie against 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.
42. Duty of police officer.– Every police officer shall, upon
request made by any officer or person authorised under this Act, assist him in
the due discharge of his duties under this Act.
43. Delegation of powers.– 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.
44. Power to grant exemption.– Notwithstanding anything contained
in this Act, Government may, in the interest of any scientific or public
purpose, allow, by notification in the official Gazette, hunting and capturing
of such wild animals in any specified place by any specific means.
[38][38][44-A. Power of sale or exchange.–
Notwithstanding anything contained in this Act, the Government may, for
scientific management, allow sale or exchange of wild animal, from any wildlife
breeding farm, wildlife park, safari park,
zoological garden or zoo.]
45. Power to add to or exclude
from Schedules.– Government may, by notification in the official Gazette,
in respect, to any specified area–
(i) add
to or exclude from the Schedules any wild animals, subject to such conditions
as it may impose in each case; and
(ii) alter the period during which any wild animal
specified in the First Schedule may be hunt.
46. Power to make rules.– (1) Government may make rules for
the purposes of carrying into effect the provisions of this Act.
(2) In
particular and without prejudice to the generality of the foregoing powers,
such rules may provide for–
(a) the functions and powers of the Board;
(b) the powers and duties of the officers and other
persons specially authorised to perform functions under this Act;
(c) the form in which and the terms and conditions,
on which a licence, special licence, a permit or a special permit may be
granted;
(d) the fees to be charged for any licence or
permit or special licence or special permit;
(e) in the case of any species of wild animals the
number and the sex that may be killed under special permit;
(f) reward to persons who render help in detection
of offences under this Act;
(g) the authorities by whom, the conditions on
which, and the manner in which licences may be issued;
(h) the management of wildlife sanctuaries,
national parks and game reserves;
(i) tenure of office, resignation and terms and
conditions of members of the Board;
(j) the recruitment, tenure of office, terms and
conditions of service of the officers and servants of the Board, and other
persons;
(k) the delegation of administrative and financial
powers to members, Secretary, officers and servants of the Board, and other
persons; and
(l) any other matter required under any of the
provisions of this Act to be prescribed.
47. Dissolution of the Board.– Government may, by notification in
the official Gazette, declare that the Board shall be dissolved on such date
and with such consequences as may be specified in the notification.
48. Repeal and validation.– (1) The following enactments in
their application to the Province of the Punjab shall be deemed to have been
repealed from the date the Punjab Ordinances Temporary Enactment Act, 1973, in
so far as it enacted the provisions of the Punjab Wildlife (Protection,
Preservation, Conservation and Management) Ordinance, 1972 expired:-
(a) The Elephant Preservation Act, 1879 (Act No. VI
of 1879);
(b) The Wild Bird and Animal Protection Act, 1912
(Act VIII of 1912); and
(c) The West Pakistan
Wildlife Protection Ordinance, 1959 (West Pakistan Ordinance LVI of 1959).
(2) Everything
done, action taken or order made under the Punjab Wildlife (Protection,
Preservation, Conservation and Management) Ordinance, 1972 and its provisions
as enacted by the Punjab Ordinances Temporary Enactment Act, 1973 on or after
25th October, 1972 and before the commencement of this Act shall be deemed to
have been validly done, taken or made.
49. Repeal of Punjab
Ordinance No. XX of 1973.– The Punjab Wildlife (Protection, Preservation, Conservation and
Management) Ordinance, 1973 (Punjab Ordinance
No. XX of 1973), is hereby repealed.
FIRST SCHEDULE
[See
SECTION 2 (d)]
PART 1
Wild birds and animals which may be
hunted on an ordinary shooting licence
A-BIRDS
Name of species
|
Bag limit or number allowed per gun
|
Time and season when hunting permitted
|
Category one–
|
||
1. All the ducks
within the family anatidae, including the tree ducks, diving ducks, surface
feeding and sheld ducks, except those ducks listed under the Third Schedule
as protected or listed hereunder in the First Schedule.
|
Not more than ten ducks of all
species per day.
|
1st October to 31st March.
|
2. Ruddy Sheld-duck or Brahminy duck, Tadorna Ferruginea.
|
Not
more than two of each of these three species per day.
|
Ditto
|
3. Redcrested
pochard, Netta rufina
|
||
4. Cotton Teal, Nettapus coromandelianus.
|
||
Category two–
|
||
5. Bar headed Geese Anser Indicus
|
Three
only per day
|
1st
October to 1st March.
|
6. Lesser white fronted geese Anser ibifors.
|
Ditto
|
Ditto.
|
Category three–
Snipe, Plovers,
Waders and Allied Waterfowl.
|
||
7. Fantail Snipe,
Capella gallinago.
|
Eight
only per day
|
1st
Oct. to 1st March.
|
8. Jack Snipe, Capella minima
|
Ditto.
|
Ditto.
|
9. Purple Moor hen Porphyrio porphyrio.
|
Two
only per day
|
Ditto.
|
10. Moorhen, Galinula,
chloropus
|
Four
only per day
|
Ditto.
|
11. Coot, Fulica,
atra
|
Twelve
only per day
|
1st
Oct. to 1st March.
|
12. White Tailed Lapwing, Vanellus leucurus.
|
Two
only per day
|
Ditto.
|
13. Red Wattled Lapwing, Vanellus indicus.
|
Ditto
|
Ditto.
|
14. Gray plover or Black Bellied Plover pluvialis, squata rola.
|
Ditto
|
Ditto.
|
15. Curlew Numenius,
arguata
|
Ditto
|
Ditto.
|
16. Black Tailed godwit, Limosa Limosa.
|
Six
only per day of all species of waders listed below.
|
Ditto.
|
17. Common Redshank, Tringa totanus.
|
Ditto
|
Ditto.
|
18. Marsh Sandpiper, Tringa Stagnatilist.
|
Ditto
|
Ditto.
|
19. Green Shank, Tringa nebularia
|
Ditto
|
Ditto.
|
20. Wood Sandpiper, Tringa glareola
|
Ditto
|
Ditto.
|
21. Dunlin Calidris
alpinus
|
Ditto
|
Ditto.
|
22. Curlew Sandpiper Calidris testaceus
|
Ditto
|
Ditto.
|
Category Four–
|
||
23. All cranes of
family Gruidae including Demoiselle and common cranes except Artic crane.
|
Three
birds per day
|
15th
August to 15th April.
|
Category Five–
Gallinacecus Birds–
|
||
24. Himalayan Snow cook or Ram Chukor Tetraogallus himaal-yansis.
|
Not
more than one per day.
|
1st
October to 1st March.
|
25. Chukor Partridge, Alectoris, graeca
|
Not
more than five per day
|
1st
November to 1st March.
|
26. See See, Ammoperdix
griseo-gularis
|
Ditto
|
1st
November to 1st March.
|
27. Black Partridge, Francolinus
|
Not
more than six per day
|
15th
November to 15th January on Sundays only.
|
28. Grey Partridge, Francolinus Pondicerianus.
|
Not
more than six per day
|
15th
November to 15th January on Sundays only.
|
29. Common Quail, coturnix cotrunix
|
No
limit
|
15th
August to 15th April.
|
30. Black Breasted or Rain Quail
|
Not
more than six per day
|
1st
August to 30th September.
|
Category six–
Pigeons and Doves–
|
||
31. Green Pigeon or Fruit Pigeon Columba aenea.
|
Six
only per day
|
1st
October to 1st March.
|
32. Blue Rock Pigeon, Columba livia
|
No
limit
|
Ditto.
|
33. Wood Pigeon Columba Palumbus
|
Two
only per day
|
Ditto.
|
34. Rufous Turtle Dove Strepto-pelia orientalis.
|
Six
only per day
|
Ditto.
|
35. Common Ring Dove Strepro-pelia decaocto.
|
No
limit
|
Ditto.
|
36. Little Brown
Dove or Senegal Dove Streptopelia
senega-lensis.
|
Six
only per day
|
Ditto.
|
37. Long Tail persian Dove
|
Ditto
|
Ditto.
|
38. Turtle Dove Turtur
auritus
|
Two
only per day
|
Ditto.
|
Category
seven–
Sandgrous, Bustards and Stone
Curlews–
|
||
39 Spotted Sandgrouse Pterocles senegallus.
|
Eight
only per day
|
1st
October to 1st March.
|
40. Imperial Sandgrouse, Petrocles orientalis.
|
Ditto
|
Ditto.
|
41. Coronetted Sandgrouse Petrocles coronatus.
|
Ditto
|
Ditto.
|
42. Houbara Bustard or Mcqueens Bustard chlamydotis undulata.
|
Three
only per day
|
1st
November to 1st March.
|
43. Stone Curlew Burhinus Oedinnemus.
|
Ditto
|
Ditto.
|
44. Indian Courser Cursorius Coromandelicus.
|
Two
only per day
|
Ditto.
|
45. Jorrden Courser
|
Ditto
|
Ditto.
|
Category eight–
Birds of Prey–
|
||
46. Hawks
|
Three
birds per day
|
1st
November to 1st March.
|
47. Buzzards
|
Ditto
|
Ditto.
|
48. Harrier
|
Ditto
|
Ditto.
|
49. Falcons
|
Ditto
|
Ditto.
|
B–MAMMALS
|
||
50. Desert Hare Lepus nigri collisdayanus.
|
Three
per day
|
1st
September to 1st March.
|
51.
|
Ditto
|
Ditto.
|
52. Fishing cat, Felis viverrina
|
Unlimited
|
All
year round.
|
53. Jungle cat Felis chous
|
Ditto
|
Ditto.
|
PART II
Wild Animals for the hunting of which a special permit is
required.
[See CLAUSE (iii)
OF SECTION 9]
Serial No.
|
Name of species
|
Season when hunting is permitted.
|
Localities where hunting is permitted.
|
1.
|
Nill gai or Blue bull Bosela phus Tragocamelus
|
1st
December to 31st May
|
In
specified area except National parks and Game sanctuaries.
|
2.
|
Urial Ovis orientalis
|
Ditto
|
Ditto.
|
SECOND SCHEDULE
[See
SECTION 12 (2)]
Animals, trophies or meat for the
possession, transfer or export of which certificate of lawful possession is
required.
(1) Any live game animal.
(2) Any trophy or meat derived from a game animal.
(3) Trophy of any animal in the Third Schedule and
of any animal protected by any other Province
of Pakistan
THIRD SCHEDULE
[See
SECTION 2 (n) AND 9 (ii)]
Wild
birds and animals protected throughout the year.
A–Birds
Category one–
The following ducks:
1. Lesser Whistling Teal, Dendrocygna Javanica.
2. Greater Whistling Teal, Dendrocygna bicolor.
3. Common Shelduck, Tadorna tadorna.
4. Marbled Teal, Anas angustirostra.
5. Baikal Teal, Anas formosa
6. Falcated Teal, Anas falcata.
7. Golden Eyed Duck, Bucephala clangula.
A–Birds–contd.
8. Long Tailed Duck, Clangula hyemalis.
9. Smew, Mergue
albellus.
10. Nukhta or Comb Duck, Sarkindiornis melanotos.
11. Goosander, Mergus merganser.
12. Red Breasted Merganser, Mergus serrator.
13. Spotbilled Duck, Anas pocilorhyncha.
14. White Headed or Stiff tailed Duck, Oxyura leucocephala.
Category two–
15. All Swans of the genus cygnus including Mute
Swans, whooper and Bewicks swans.
Category
three–
16. Grey Leg Geese, Anser anser
Category
four–
17. Artic crane.
Category
five–
18. All Pelicans of the genus pelecanus
including rosy, Dalmation and Spotted billed pelicans.
Category
six–
19. All Egrets, Herons, Night Herons and
Bitterns of the family of Ardeidae including parple and Grey herons, Little
Chestnut and Common Bitterns, Cattle Egrets, Large Egrets.
Category
seven–
20. All Storks of the family Ciconidae including
painted, Black Necked, White and Black and White Necked Storks.
Category
eight–
21. All Ibises and Spoonbills including the
Glossy Ibis, White Ibis and Spoonbill.
Cetegory
nine–
22. All Flamingoes
of the genus phoenicopterus.
A–Birds–contd.
Category ten–
23. All Hill Pheasants including the Kalij,
Kekiass-Cheer, Impeyan and Western Horned Tragopan.
24. Button Quail, Trunix tanki.
25. Little
Bustard Quail, Turning sylvatica.
Category eleven–
The
following species of Plovers, Stone-Curlews Waders, Water Birds and Gallinules:
26. Water Rail, Rallus aquatious.
27. White Breasted
Waterhen, Amaurornis phoenicurus.
28. Water Cock, Gallicrex cinerea.
29. Pheasant Tailed
Jacana, Hydrophasianus chirurgus.
30. Sociable
Lapwing, Vanellus gregariues
31. Green plover or
Peewit, Vanellus vanellus.
32. Yellow-wattled
Lapwing, Vanellus malabaricus.
33. Solitary Snipe, Capella solitaria.
34. Painted Snipe, Rostratula benghalensis.
35. Wood Cock, Scolopox rusticola.
36. Avocet, Recurvirostra, avosetta.
37. Great Stone
Plover, Esacus magnirostris.
38. Cream coloured
courser, Cursorius cursor.
Category
twelve–
The
following Sandgrouse, Bustards and Doves:-
39. Large pintail
Sandgrouses, Ptercocles alchata.
40. Great Indian
Bustard, Choriotis nigricepes.
41. Little Bustard, Otis tetrax.
42. Indian
Sangrouse, Pterocles exustus.
43. Close Barred or
painted, Sandgrouse Pterocle indicus.
44. Red turtle Dove,
Streptopelia tranquebarica.
45. Spotted Dove, Streptopelia chinensis.
A–Birds–contd.
46. Wedge Tailed
Green pigeon, Trerion sphenura,
47. Ruff, Reaf,
Jukkari (wood cock) Scolopax Rusticola.
Category
thirteen–
Following
birds of prey:-
48. Eagles, Vultures, Kites.
Category fourteen–
49. Common Starling
and Rosy Starling.
B–Mammals
Category one–
50. The Black Bear–Selenarctos thibetanus.
51. Leopard or
panther–Pantherx pardus.
52. Leopard Cat–Folis benghalsnsis.
53. Desert Cat–Felis libyca.
54. Caracal–Felis caracal.
55. Himalayan Palm
Civet–Paguma larvata.
56. Small Indian
Civet–Viverricula Indica.
57. Yellow-Throated
Marten–Martes Flavigula.
58. Ratel or Honey
Badger–Mellivora capensis.
59. Smooth Coated
Otter–Lutra prespicillata.
60. Striped Hyaena–Hyaena hyaena.
61. Rhesus Monkey–Macaca mulatta.
62. Hill Fox–Vulpes Vulpes griffithi.
Category
two–
63. Barking Deer–Muntiacus muntjac.
64. Hog Deer–Axisporcinus.
65. Chittal or
Spotted Deer–Axis Axis.
66. Chinkara
Gazelle–Gazella Gazella.
67. Black Buck–Antelope cervicapra.
68. Goral–Naemorhedus goral.
69. Indus
Dolphin–Platanista indi.
B–Mammals–contd.
Category three–
70. All monitor Lizards of the Genus Varanus and
Spiny tailed lizards of the Genus Uromastyx.
71. All Snakes of the family colubridac
containing non-poisonous and beneficial rat Snakes and the Genus Python.
72. All Crocodiles
including Mugger, Crocodilus palustris
and the fish Eating Crocodile, Gavialis gangeticus.
FOURTH SCHEDULE
SCHEDULE OF WILD BIRDS AND ANIMALS
WHICH ARE NOT PROTECTED
[See
SECTION 2 (v)]
Serial No.
|
Scientific Name
|
English Name
|
Vernacular Name
|
1.
|
Corvus Levaillanti
|
The Himalayan Jungle Crow.
|
Kowa,
|
2.
|
Corvus splendens
|
The House Crow
|
|
3.
|
Psittaoula eupatria
|
The Large Indian Paraquet
|
Tota, Raitota.
|
4.
|
Psittacula krameri
|
The Rospingen Paraquer
|
|
5.
|
Caprimulgus europasus unwivi
|
Chippak, Chappa, Dab Chiri,
Dabhak, Andha Chirya.
|
|
6.
|
Caprimulgus Macrurus albtatus.
|
Idight Jar.
|
Chupka.
|
7.
|
Caprimulgus Indivius
|
Indian Jungle Night Jar
|
Kapoo.
|
8.
|
Lynocornis carniciceps
|
Great cared Night Jar
|
Sandhya muznaki.
|
9.
|
Viduiae
|
Munias
|
Lalmunias.
|
10.
|
Ploecinae
|
Weaver Birds
|
Baya, Bijra, etc.
|
11.
|
Herpestes auropunatatus
|
The Small Indian Mangoose.
|
Neol, Nyul, Naola, Dhor.
|
12.
|
Herpestes Mungo
|
The Common Indian Mangoose.
|
|
13.
|
Herpestes smithi
|
The Ruddy Mangoose
|
|
14.
|
Canis pallipes
|
The Indian Wolf
|
Gurg, Bhariya.
|
15.
|
Canis Lupus
|
The Wolf
|
Bhagya.
|
16.
|
Canis aureus
|
The Jackal
|
Giddaryal, phival.
|
17.
|
Preropus medius
|
The Indian Fruit Bat
|
Badur, arbagual, chugmidd, dultakao.
|
18.
|
Hystrix bucura
|
The Indian Porcupine
|
Syal, Sa Kundewalli.
|
19.
|
Mus (whole family)
|
Rats and mice
|
Chuha, Chuhi.
|
20.
|
Scurius indicus
|
The Squirrel
|
Galarhi.
|
21.
|
Sus scrofa
|
The Wild bear
|
Suhar, barla janwar.
|
[1][1]This Act was
passed by the Punjab Assembly on 28th January, 1974; assented to by the
Governor of the Punjab on 1st February, 1974; and, published in the Punjab
Gazette (Extraordinary), dated 1st February, 1974, pages 117-K to 117-GG.
[2][2]Inserted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[7][7]Inserted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[13][13]The word “and” omitted by the
Punjab Wildlife (Protection, Preservation, Conservation and Management)
(Amendment) Act 2007 (XII of 2007).
[17][17]Substituted
by the Punjab Wildlife (Protection, Preservation, Conservation and Management)
(Amendment) Ordinance, 2002 (XVII of 2002), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[18][18]Substituted
for the words “Forestry, Wildlife,
Fisheries and Tourism”, by the Punjab Wildlife (Protection,
Preservation, Conservation and Management) (Amendment) Act 2007 (XII of 2007).
[19][19]Substituted by the Punjab
Wildlife (Protection, Preservation, Conservation and Management) (Amendment)
Ordinance, 2002 (XVII of 2002), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[20][20]Substituted
by the Punjab Wildlife (Protection,
Preservation, Conservation and Management) (Amendment) Ordinance, 1983 (V of
1983).
[21][21]Substituted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[22][22]Substituted for the words “protected animal or game”, by the Punjab Wildlife
(Protection, Preservation, Conservation and Management) (Amendment) Act 2007
(XII of 2007).
[24][24]Inserted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[26][26]Added by the
Punjab Wildlife (Protection, Preservation,
Conservation and Management) (Amendment) Ordinance, 1983 (V of 1983).
[27][27]Inserted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[28][28]Substituted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[29][29]Inserted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[30][30]Substituted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[31][31]Substituted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[32][32]Substituted for the word
“Board” by the Punjab Wildlife (Protection, Preservation, Conservation and
Management) (Amendment) Act 2007 (XII of 2007).
[34][34]Substituted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
[35][35]Substituted for the words “estimated
by such officer” by the
Punjab Wildlife (Protection, Preservation, Conservation and Management)
(Amendment) Act 2007 (XII of 2007).
[38][38]Substituted by the Punjab Wildlife (Protection, Preservation, Conservation
and Management) (Amendment) Act 2007 (XII of 2007).
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