Updated: Tuesday May 06, 2014/AthThulatha
Rajab 07, 1435/Mangalavara
Vaisakha 16, 1936, at 03:55:03 PM
[1][1]The
(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
Preamble.– WHEREAS it is expedient to provide for the
protection, preservation, conservation and management of wildlife in the
Province of the
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
(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;
[2][2][(bb) “circus” means a collection of wild animal
declared as such under section 20;]
(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;
[3][3][(cc) “endemic” means wildlife species native to
[4][4][(ccc) “exotic” means wildlife species not native to
[5][5][(d) “game animal” means a wild animal specified in
the First or the Fourth Schedule;]
(e) “game reserve” means any area declared as such
under section 18;
(f) “Government”
means the Government of the
(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;
[7][7][(mm) “private
wildlife breeding farm” means an
area declared as such under section 20;]
[8][8] [(mmm) “private wildlife park” 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;
[10][10][(tt) “wildlife breeding farm” means an area declared as such under
section 16-A;]
[11][11][(ttt) “wildlife
park” means an area declared as
such under section 18-A;]
[12][12][(tttt) “safari park” means an area declared
as such under section 18-A;]
(u) “wildlife
sanctuary” means the area declared as such under section 16; [13][13][* * *]
(v) “unprotected
animals” means a wild bird or wild animal specified in the Fourth Schedule [14][14][; and]
[15][15][(w) “zoological
garden or zoo” means an area
declared as such under section 18-A.]
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
[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
(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.
[28][28][18. Game reserve.– (1) The Government may declare any area to be a game
reserve.
(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.]
[31][31][21. Penalties.–
Whoever contravenes or
attempts to contravene:-
(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
(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
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
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
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
[3][3]Ibid.
[4][4]Ibid.
[5][5]Substituted ibid.
[6][6]Ibid.
[7][7]Inserted by the
[8][8]Ibid.
[9][9]Substituted ibid.
[10][10]Inserted ibid.
[11][11]Ibid.
[12][12]Ibid.
[13][13]The word “and” omitted by the Punjab Wildlife (Protection, Preservation, Conservation and Management) (Amendment) Act 2007 (XII of 2007).
[14][14]Substituted ibid., for the full-stop.
[15][15]Inserted ibid.
[16][16]Substituted ibid for the word “game”.
[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
[21][21]Substituted by the
[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).
[23][23]Ibid., for the word “Board”.
[24][24]Inserted by the
[25][25]Ibid.
[26][26]Added by the
[27][27]Inserted by the
[28][28]Substituted by the
[29][29]Inserted by the
[30][30]Substituted by the
[31][31]Substituted by the
[32][32]Substituted for the word “Board” by the Punjab Wildlife (Protection, Preservation, Conservation and Management) (Amendment) Act 2007 (XII of 2007).
[33][33]Ibid.
[34][34]Substituted by the
[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).
[36][36]Substituted ibid.
[37][37]Substituted ibid., for the word “second”.
[38][38]Substituted by the
Punjab Wildlife (Private Game
Reserves) Rules, 2002
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