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PENALTIES
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Any person who contravenes any provisions of this Act or any rule or order
made thereunder or who commits a breach of any of the conditions of any licence
or permit granted under this Act, shall be guilty of an offence against this Act,
and shall, on conviction, be punishable with imprisonment for a term which may
extend to three years or with fine which may extend to twenty five thousand rupees
or with both. -
Provided that where the offence committed is in
relation to any animal specified in Scheduled I or Part 11 of Sch. 11, or meat
of any such animal, animal article, trophy, or uncurled trophy derived from such
animal or where offence relates to hunting in, ox, altering the boundaries of
a sanctuary or a National Park, such offence shall be punishable with imprisonment
for a term which shall not be less than [one year but may extend to six years
and also with fine which shall not be less than five thousand rupees.
In the case of a second or subsequent offence of the nature mentioned in this
sub-section, the term or imprisonment may extend to six years ‘ and shall not
be less than two years and the amount of fine shall not be less than ten thousand
rupees. -
Any person who contravenes any provisions regarding
prohibition of trade or commerce in trophies, animal articles,etc., shall be punishable
with imprisonment for a7 term which shall not be less then one year but which
may extend to seven years and also with fine which shall not be less than five
thousand rupees. -
Any person who is guilty of teasing in a zoo
shall be punishable with imprisonment for a term which may extend to six months
or with fine which may extend to two thousand rupees, or with both. Provided
that in case of second or subsequent offence the term of imprisonment may extend
to one year or the fine may extend to five thousand rupees.
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When any person is convicted of an offence against this Act, the Court
trying the offence may order that any captive animal, wild animal, animal article,
trophy, uncured trophy, meat, ivory imported into India or an article made from
such ivory, any specified plant or part or derivative thereof in respect of which
the offence has been committed, any trap, tool, vehicle, vessel, or weapon used
in the commission of the said offence be forfeited to the State Government and
that any licence or permit, held by such person under the provisions of this Act,
be cancelled. Such cancellation of licence or permit o r such forfeiture
shall be in addition to any other punishment that may be awarded for such offence.
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Where any person is convicted of an offence against this Act, the court
may direct that the licence, if any, granted to such person under the Arms Act,
1959 (54 of 1959) for possession of any arm with which an offence against this
Act has been committed, shall be cancelled, and that such person shall not be
eligible for a licence under the Arms Act, 1959, for a period of five years from
the date of conviction. | |