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| Home > Indian Bare Acts > THE WILD LIFE (PROTECTION) ACT, 1972 > CHAPTER III HUNTING OF WILD ANIMALS |
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| THE WILD LIFE (PROTECTION) ACT, 1972 |
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Title : THE WILD LIFE (PROTECTION) ACT, 1972
Year : 1972
Act :
CHAPTER III
HUNTING OF WILD ANIMALS
9.Hunting of wild animals.
9. Hunting of wild animals. (1) No person shall hunt any wild animal specified in Schedule 1.(2) No person shall hunt any wild animal specified in Schedule 11, Schedule III, or Schedule IV, except under, and in accordance with, the conditions specified in a licence granted under sub-section (5).
(3) Any person desiring to obtain a licence referred to in sub- section (2) shall apply, in such form, and on payment of such fee, as may be prescribed, to the Chief Wild Life Warden or any other officer authorised by the State Government in this behalf (hereinafter referred to as the authorised officer).
(4) Am application under sub-section (3) may be made for all or any of the following kinds of licences, namely:-
(a) Special game hunting licence.
(b) Big game hunting licence.
(c) Small game hunting licence.
(d) Wild animal trapping licence:
Provided that any such licence may be restricted to the hunting or trapping of such animal as may be specified therein.
(5) On receipt of an application under sub-section (3), the Chief Wild Life Warden or the authorised officer may, after making such Inquiry as he may think fit with regard to the fitness or otherwise of the applicant to receive the licence, grant or refuse to grant such licence after recording in. writing his reasons for such grant or refusal; and when the grant of a licence is refused, the fee paid therefor shall be refunded to the applicant.
(6) A licence granted under this section shall-
(a) be in such form as may be prescribed;
(b) be valid for such period as may be specified therein;
(c) be subject to such terms, conditions and restrictions as may be prescribed;
(d) not be transferable.
411.10.Maintenance of records of wild animals killed or captured.
10. Maintenance of records of wild animals killed or captured. (1) The holder of every licence shall maintain a record, containing such particulars as may be prescribed, of the wild animals, other than vermin, killed or captured by him during the currency of the licence.
(2) When any animal specified in Schedule II or Schedule III is killed, wounded, or captured by the holder of a licence, he shall, not later than fifteen days from the date of such killing, wounding or capture, or before leaving the area specified in the licence, whichever is earlier, intimate in writing to the Chief Wild Life Warden or the authorised officer, the prescribed particulars of such animal killed, wounded or captured by him.
(3) The holder of every licence shall, not later than fifteen days from the date of expiry of such licence, surrender the records maintained by him under subsection (1) and the licence to the Chief Wild Life Warden or the authorised officer, and shall sign a declaration, in the prescribed form certifying the accuracy of the records maintained by him under sub-section (1).
11.Hunting of wild animals to be permitted in certain cases.
11. Hunting of wild animals to be permitted in certain cases. (1) Notwithstanding anything contained in any other law for the time being in force and subject to the provisions of Chapter IV,-
(a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by Order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted;
(b) the Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild animal specified in Schedule II, Schedule III, or Schedule IV, has become dangerous to human life or to property (including standing crops on any land) or is so disabled or diseased as to be beyond recovery, by order in writing and stating the reasons therefor, permit any person to hunt such animal or cause such animal to be hunted.
(2) The killing or wounding in good faith of any wild animal in defence of oneself or of any other person shall not be an offence:
Provided that nothing in this sub-section shall exonerate any person who, when such defence becomes necessary, was committing any act In contravention of any provision of this Act or any rule or order made thereunder.
(3) Amy wild animal killed or wounded in defence of any person shall be Government property.
12.Grant of permit for special purposes.
12. Grant of permit for special purposes. Notwithstanding anything contained elsewhere in this Act, it shall be lawful for the Chief Wild Life Warden, to grant
(a) education;
1[(b) scientific research;
(bb) scientific management.
Explanation.-For the purpose of clause (bb), the expression "scientific management" means-
(i) translocation of any wild animals to an alternative suita- ble habitat; or
(ii) population management of wild life, without killing or po- isoning or destroying any wild animals;;]
1["Provided that no such permit shall be granted--
(a) in respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and
(b) in respect of any other wild animal, except with the previous permission of the State Government."] a permit by an order in writing stating the reasons therefor, to any person on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt, subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of,- (a) education;
(c) collection of specimens for, zoological gardens, museums and similar institutions: ----------------------------------------------------------------------
1. Omitted, subs. and ins. by Act 23 of 1982, S. 2.----------------------------------------------------------------------
412.13.Suspension or cancellation of licence.
13. Suspension or cancellation of licence. The Chief Wild Life Warden or the authorised officer may, subject to any general or special orders of the State Government, for good and sufficient reason, to be recorded in writing, suspend or cancel any licence granted under this Chapter:
Provided that no such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.
14.Appeals.
14. Appeals. (1) An appeal from an order refusing to grant a licence under section 9, or an order suspending or cancelling a licence under section 13, shall lie,-
(a) if the order Is made by the authorised officer, to the Chief Wild Life Warden, or
(b) it the order is made by the Chief Wild Life Warden, to the State Government.
(2) In the case of an order passed In appeal by the Chief Wild Life Warden under sub-section (1), a second appeal shall lie to the State Government.
(3) Subject as aforesaid, every order passed in appeal under this section shall be final.
(4) No appeal shall be entertained unless it is preferred within fifteen days from the date of the communication to the applicant of the order appealed against:
Provided that the appellate authority may admit any appeal after the expiry of the period aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
15.Hunting of young and female of wild animals.
15. Hunting of young and female of wild animals. No person shall, unless specially authorised by a licence, hunt the young of any wild animal, other than vermin, or any female of such animal, or any deer with antlers in velvet.
16.Declaration of closed time.
16. Declaration of closed time. (1) The State Government may, by notification, declare the whole year or any part thereof, to be a closed time throughout the State, or any part there-of, for such wild animal as may be specified in the notification and no hunting of such animal shall be permitted, during the said period, in the area specified in the notification.
(2) The provisions of sub-section (1) shall not apply to vermin unless otherwise specified by the State Government in this behalf.
17.Restrictions on hunting.
17. Restrictions on hunting. (1) No person shall-
(a) hunt any wild animal, from or by means of, a wheeled or a mechanically propelled vehicle on water or land, or by aircraft;
(b) use an aircraft, motor vehicle or launch for the purpose of driving or stampeding any wild animal;
(c) hunt any wild animal with chemicals, explosives, nets, pitfalls, poisons, poisoned-weapons, snares or traps, except in so far as they relate to the capture of wild animals under a Wild Animal Trapping Licence;
(d) hunt any special game or big game other than with a rifle unless specially authorised by the licence to hunt with a shot-gun using single-slug bullets;
413.(e) for the purpose of hunting, set fire to any vegetation;
(f) use any artificial light for the purpose of hunting, except when specially authorised to do so under a licence in the case of carnivora over a kill;
(g) hunt any wild animal during the hours of night, that is to say, between sun-set and sun-rise, except when specially authorised to do so under a licence in the case of carnivora over a kill;
(h) hunt any wild animal on a salt-lick or water hole or other drinking place or on path or approach to the same, except sandgrouse and water-birds;
(i) hunt any wild animal on any land not owned by Govern- ment, without the consent of the owner or his agent or the lawful occupier of such land;
(j). notwithstanding that he holds a licence for the purpose, hunt any wild animal during the closed time referred to in section 16;
(k) hunt, with the help of dogs, any wild animal except. water bird, chakor, partridge or quail.
(2) The provisions of sub-section (1) shall not apply to vermin.
Last updated on February, 2008
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