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. WildEleplUrnfAPruerf)Q,t\Otf.
130
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M.ad~ Adt .
MADRAS ACT No. I OF 1873. 1
(THE ~IADW WILD
,; I
[1873:
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ELEPHANTS PREsERVATION 'ACT,
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187S;j
(ReceifJedtkeQ,88ent 0/ tke Governor on the 2181 April 1873
. and o/the-OofJefflor-General on ,the 15th May .1,873.)
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AnACt to' prevent the indiscriminattdestruction
of wild elephants.
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Preamble.
it is expedient to make provision to pre-vent
the, indiseriminate destruction of wild eleph.8.hts within the
Presidency of Madras; It is hereby enacted as follows:~ ,
Localment
I. This Act extends to the territories for' the time being
subject to the, Government of the Presidencyof Fortst~-"""--,",,j\ '
George; ,
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Commenceand it shall come into force on tHe first day of October 1873. '
ment.
DestruCtion
of wild
elephants
prOhibited.
PenaltY for
destroying
female
elephants.
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WBEREAS
2" From and after the said day the destruction of . wild
elephants is prohibited, except as hereinafter provided.
3. I [Whoever, not, being authorized thereto by a licence
granted under the provisions ot section3·A shoots ",at or
intentiona.lly destroys and whoever al>ets within the'mean-ing
of the Indian Penal Code, any person not· authOrized as Central
a.foresaid in shootinga.t, or destroying], any wild female Act XLV
elephant upon waste or forest mnd, whether such land be the of 1160
property a [olthe Government]or otherwise, shall be liable to a,
penalty not exceeding five hundred rupees. "and in ( default'
of payment to simple or rigorouS'imprisonment for a period
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not exceeding three months.
PenaltY on .
Any
person
convicted
under
this
Act
of
an
offencecommit-'
second
conviction. ted after his previous conV,iction ,under this Act shall be liable
to a penalty not exceeding one thousa.nd rupees, and, in
,
default of payment, to simple or rigorous impt;isonment for
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a period not exceeding six months.
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1 Shorttitle~
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c. The
Madras Wild Elephants·,.preservationAct,. 1873,t
was given by me Repealing and Amending Act, 1901 (Central Act..,XI of
1901).
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For Statement of Objects and Reasons$elpq,t St. GeorgI GallettI, Sup:
plement, dated 25th February 1873, p~ 4. for Proceedings in CounCil, III ibid,
25th Februray 1873, p. 2, and ibid, dated 22nd April 1873, p. S.
,This Act'was extended to the merged State of Pudukkottai by section 3 of,
and the First SChedule to, the Madras Merged States (Laws) Act, 1949 (Madras
Act XXXV of 1949).
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, • The words within square brackets were subAtituted by section 2 ofthe
Madras Wild Elephants Preservation (Amendment) Act, 1933 (Madras Act.
XXIV of ~933).
• The words Ie of the Crown JJ were substituted for the word. "of Government .. by the Adaptation Order of 1937 and the word" Governmont It, wal
aubst1tuted for •• Crown .. by the Adaptation Ordet of IPSO.
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Mad~.,.ct
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WUdBZt,plumtll'fuefwsrum
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1[3.. ~A,lfheDistriot Collector,' ( ."
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i)IPay,subj~ottosuohrulesasmay' "
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, from time to ,time '1>e made,by the ,a' [State Govemment] Licence to
on the a.p.plication. of. any. person,p.nt t,o. su.oh penon by n. a.me :re~e
a speoial Uoenoe,to shoot or destroy wild female elephants, upon
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,waste or' for~st la.n.ds in a speoified area. Bituated within the '
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distriot,whether suoh lands be th~property' [of the Govern~
ment] or.otherwise subjeotto suobQonditioll8 and restrictions
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' . ' '.' ,)as the, Di~triot' Colleotor may think, fit,
for a period,~ot exoeeding One yearJ'rom the date 'of the pnt
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Evel'Y.: s,u~~~ ~c~,noe shall ~oome void' at,tlle expiration
of the ~ald penod, but may be rellew:ed,by suohOolleoto~for
,any period n()t exOO,eding oneyea.~! . '" ' ."
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, , ,Provid'ed 1!bat,ev~l'Y such lio~noo' s~ll. "become' .void
,upon the conviction under this Aot of the, person. to whoJll suoh .'
lioollQe was granted.]" , ' .. ,. . .'.
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, '. 4."Wh~er, not being auth~rized' thereto - by a lioonce .Penalty for ."
granted under the provisions of seoti()n .7, shoots at or =~OYinl .'
intentionally detroys, IIandwhoeverab6t/l, :within, the mean· elephant on,
,/CeJ\tral ing of the «ndian Penal Code, any: pEtrBon riot authorized as f::e~t
Ar XLV aforesaid in shooting at or destroying] any wild male elephant li~;: OUt
o 1860. 'uponwa.ste or. forest land;the 1?roperty of 'l [the Govemment] ,
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'$hall, upon a first or second oonv~9tion; be,1iable to the penalties
and periods.,ofimprisonment respectively provided for a first
or saco:pd conviction in section 3 oftbis Act; " ' ,
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r, ' S~ Nothing 'in tbis'Aot sball ,be deemed ,flQ preve~t a~y' s~vini '
: zamindar or'other proprietor or ocoupier orland, or any ,p~rson
duly authori~ed in, that behalf· by any suoh zamindar, prop~otor QJ male
U •OIl
,'or occupier, from destroying wilq male elepbantsupon tbe
waste or
forest-lands
of
suoh
zamin.da.r,
Pr()prietor
or
o_ooupier.
private ~~
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,'l~ction 3-A Was i,nserted ~ction .3 of the Mad;as Wild Elephants
,Preservation0mendment) Act, 1933 (Madras Act xx:IVof 1933).
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• The words, .~. if specially authorized by the Board of Revenue,"were
omitted by section z of the Madras Wild Elephants Preservation (Amend- '
" me,nt) Act, 1951 (Madras '4..ct X of-I951). "
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, • The words "Provinciat Government" were substituted for the wor~8
" l..ocal Government t/ by the Adaptadon Order of 1937 and the word II State
was substituted for 'lProvincial"~ by the Adaptation Order of 1950.
, The words" of the Crown .. were substitUted for the words" of G?vetnDlent" by the AdaptatiOJ\ Ordet of 1937 and the word" Government!' was
substituted for" Crown ','by ,the Adaptation Order of 1950.
, .' • The words c, 8S the Board of Revenue may'direct or" were omitted
by section :a of the Madras Wild Elephanu Preservation (Amendment) Act,
1951 (Madras Act X of 1951).
"
• These words were substituted by section 4 of the Madras Wild Elephant.
Preservation (Amendmmt) Act, 1933 (Madras ~ct,XXIV of 1933).
" ' 'ne words "the Crown tI were substituted for the words" the Government .. by the Adaptation Order of 1937 and the word~' Govcnunent '.' waa
;ublltituted for" Crown· t b), the Adaptation Order of 19,50.
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Wild JPltplumtl Pf'U~'fNJtitm [1873'Mad.,Act I
;',6. Nothing in this Act shall be deemed to prt'tvent any
~~=::' person from shooting at, or destroying, any wild male ,or
'ohlephants female elep~nt found upon ,cultivated lands, or upon or,in
~cultivated the immediate vioinity' of"any' publi~ road,' or to prevent Mly,
., etc. , person from shooting at, or destroymg,'any male or female
elephant in defenoe ot himself or any other person. ' ,
Savin, ','
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LicenCe tei: '
7. The Colleotor or other offioer'in cha.rge of a distriot may,
:e~~~, 8utiject to such rules as may from time to tIme ~ made' by the
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[State Government), issues licence/to any person authori',zingbim by namc:rtoahoOilWild'male elephants upOn waste ,
orforest-IancD, i/hepropertyofl[the, Qov~rn,ment], in such "
,district, for the period of one, yearttomthe date of the grant
,ofauoh lioence:<, , ' > , ' , " . ' ,~"
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,':,' 'Every 8uchliOen.08 shall· become ,void at'the expira.tion of, .
, ~hesaid period,. but may be renewed 1>,- -'suob Collector OJ'
, otheroffioer' for a J.ib period: ",,:
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Prcwilo;"..Prtmded thAt' EW81'y &uch ii~nCe s~if be~ome 'Void u~n
the, conviction under this ,,Act of, th,epereon "to 'whom luoh
',', liceuceW&B granted~,'
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Power to: '. "
1 (State
aav:ernmehtJmay nla.ke rules; forregulating' ,
~=e!r, ,the grant or renewal of licences under this Aot,and the feel'
'" renewal 01 ',"to be oharged, on suoh grant Ot renewal, and may from time to
Ucences.
time alter or oancelsuoh rules., '
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>LfmiUadon·' "ge Every prosecution .under: this, ActshaU" be . commenced
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'ofprosec:u" Within, a. peri(\d of Bix.monthatromthe date,oftheoft'ence in
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, rea~ct of. :which it is instituted. '
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•" S The' words ff ~ovfJ1cfal'Goverriment ",were; 8ubstltuteci for the. words
• ' , ... 1.Oc:a1 Government" by the Ada~ation Ordercif 1937 a,nd the word" State "
''.. \\188 substituted for, II Provincial' by the Ad,aptation Otdet of 1950.
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, " '1'1tewords f• the Crown .; were aUbttltuted for the, Wo~ds f~he Govern,', •D!lent II by the Adaptation Order of 1931 and the weird .. Govemmel1t'~ WU
".ubatltuted for .. crOft" b11be Adaptation Order: of 19$0, ,,'
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1878: I Mad. Act VIII] OOffee.aeeaUng Prevsntitm,
161
1879; A;tad. AeUI] NilgiriB G~me, arulFishPreaert1atio-n
as may be requiled for the preparation in publio officea of
auoh statistics as the l[State Government.of Madras] may
prescribe.'
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The 1 [Sta.te Gov!U'Ilment of Ma.dra.sl' may after Power to •
previous' pubIica.tion' ulalte rules:make rule••
: (a)presoribing'forms for the ~ooks,returns and statistios
referred to in section 16 i
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(b) regula.ting the time at whioh a.nd the a.u1!hority to' .
, whom such returns a.re to be furnished;
(c) ,regulating the inspeotion and exa.n:rl.na.tion of suoh
bOQks, returns anq, statistics; a.nd
(d) genera.lly for carryingo'ut the pw'posea ofthis Act ;
a.nd a.11 such rules sha.Il be published 'in thea [Officia.l Ga.zette]
a.nd shall thereupon have the force of la.w. '
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, I 17. Any person fulling without ·reMona.ble excuse to P~DaIty for
oomplywith the provisions qf seotion 15 of this Act aha.ll be ~~~i/~ith
liable on oonViction. by ~ Magistrate to pay a. fine not exoeeding ~ provi'-one bundredrupees.] "
SIOn.S of
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.ectlon IS.
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MADRAS AOT
NQ. II OF. 1879.'
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[T:w: NILGmIS GAPANDFIsuP.REsERVATION ACT, 1879.]
(Received the assent oithe Governor on 'the 12th Febroarg
,1879, aM oj the Governor-General on the 24th March
",:,"'~ ,._J_S79,and took effect/rom the'6th"May 1879.)
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An Act to provide 'for the protection of Game. ,and '
"Acclimatised ·~h in. the district of the Nilgiris \in
the Madras Presidep.cy.
WHEREAS it "is' expedf;nt to provide for the protection of PrcambJ~.
wild animals and birds used fodood and of aoolima.tised fish,
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and to prohibit the kilUng, capturing and selling ga.me a.nd
aoolimatised fish in the district known as the Nilgiris, 'as,
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'The words" Provincial Government of Madras" were substituted for
. the words "Governor of Fort St. George in Council II by the Adaptation
Order of 1937 and the word." State" was substituted fOf "Provmcial" by ,
the Adaptation Order of 1950.
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• SeCtions IS, 16 and 17 were added by Mad. Act II of 19<)0, s. 9.
• These words were substituted for the words "Fort St Georl' Ga.,tt, tt
by the Adaptation Order of 1937.
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'For Statement of Objects and Reasons, see Port 8t. George Ga::ette,
1878. Supplement, dated the 2nd April 1878. p. 2; for Report of the Select
Committee. see ibid. Supplement, dated the 25th June 1878; and for Proceedings in CounCil, see ibid, Supplement, dated the 24th April 1878, p 82, and
ibid, dated tlle 2,th June IS78, and ibid. dated,the 4th Fetlt\w,I¥ 1879, p. 3.
, The Aet hat been supplemented by Act IV of 1897.
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162 Nilgim Game,andFishPrest'l'tJtdion [1879: Mad. Act II
desoribed in the ,Schedule hereto appended,' under certain
oonditions; It is hereby enacted as follows :(
Title and
local extent.
I. This Aot may be callo~ the NiIgiris Game andFiah Preservation Act, 1879 ;' and it shall come into operation in the
district aforesaid, or sucb parts thereof, and from sl10h da.tes
as the 1 [State Government] may from time to time declare /'
by notification in ,the I [Official, Ga.zette].
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I!1terpretatlon-clause·~t Game"
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'z. In this Act the word •• game " ,shall include bison,
. 1a-s h oep, d eer 0 f a 11 desonptl(}nS,
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hare$,
sambhur, 1'b'eX,lung
jungle-fowl, pea-fowl; partridge, quail, and spur-fowl, or suoh
birds or animals as the 1 [State Government.] may deem fit
to specify by notification from time to time in the I [Offioial
Gazette].
1
Power to fix
cl~e season, the
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-,3. THe 1 [State Government] may,. by notification in
I [Officia.l Gazette],
from time to time, fi):'·· a season or
seasons olthe year during which it shall not be lawful for any
person to shoot at, kill, capture, pursue or sell, or attempt
to kill, capture'or sell gamo, as may pe specified in such notifica ....
tion within the distriot aforesa. d :
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Proviso 88tO '
Provided that nothing in tbi", Aot contained shall preolude
f~ds~e
proarietors or occupiers' of land from adopting .such measures
on such land as may be necessary for the protection of crops
or produce growing thereon. ' .
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Protection
of animal,
bird or
fish not
indigenous.
Power to
prescribe
rules for the
regulation
and control
offl.shing.
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4•. Whenever any animal, bird or fish useful for food, not
indigenous to the district aforesaid, is introduced into it witb
the approval of the Government with a view to be{:oming
acclimatised or being propagated t~erein it shall be lawful
for the 1 [State Government] from 'tim~ to time by notification in the' I [Official' Gazette], to prohibit altogether, or
to regulate in such manner and for such period not exceeding
tbree years as may be decIa.red in such notifica.tion, the pursuit,
killing or capture of suchanimal, bird or fisb.
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S. It shall be lawful .for the' 1 [State G~vernment]:'by­
notifica.tion in., the I [Offi9iaI Gazetto], from time to time,
to make rules for the regulation and control of fishing in any
stream or lake witbin the said district; and such rules may,
with the view to proteotacclin'tatised fish which may be' believed
to be there or may be hereafter introduced th.erein, prohibit or.
regulate the poisoning ofthewaters of a.ny stream or lake ,'the
throwing of any deleterious matter therein, the use, of fixed
engines for the capture .of fish
in any stream, and tlie.use of
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" SUbstituted for the words
1 The words .. ProvinCial Government" were
Governor in Council" by the Ada~ation Order of 1937 and the word
ff State " was substituted for" Provincla} " by the Adaptation Order of 1950•
• These words were substituted for the words .. PMt St. G.org, Ga.m, ,.
by the Adaptation Order of 19,7.
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1819: Mad, Act II]
Nilgit'il Game tmd Fi81t. Preserwticm 163
nets of a mesh below aoertain size to be defined in suoh rules
'for the oa pture of fish in suoh stream or lake.
6• .Any., Government officer or servant or policeman, pro- Powcr of
duwng his\pertifioate ef..offioe. or wearing the prescribed dis- ~ffi:~'
tinotive dress' or badge of his department, may require any pout!. r
pel'$ori whom he finds-oommitting I.Itny offence against seotion 3,
4 or 5 (lithis Aot to giv~ his name and address, or, if there is
reasQn to doubt the aoouraoy of the name and address sel
, given, to acoompany him to the nearest police-station.
7. ·Ev~ry person convicted before a Magistrate of any
offenoe against section 3, 4 or 5.of this Act shall be liable for
a first 9ffenco to a penalty not exceeding rupees fifty and to the
forfeiture to Government, at the discretion of the Magistrate,
of the ga,me. birds or fishes taken, and of all guns, engines,'
implements, nets and dogs used in 01' for the purpose of aiding
the commission of such' offe:uce, and in default of paymeont of
fine, to simple imprisonmentJor a period not exceeding one
month, and for every second and' subsequent offence. to a
penalty not exceeding rupees one hundred and the same
liability to forfeiture. and in default of payment to simple
imprisonment for a period not exceeding two mo~ths.
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Pena1?ca for
::oo~inc
cl~ season
~ ~r f
fi!hlng ~u1e'
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'8. The provisions of the ,CQde of Criminal Procedure" ~~~i:
relating to the summoning and examination of persons accused Act~r
and witnesses and to the levying of pena.lties shall be applie.d
110 proceedings under this Aot..
'--~- ,.: , • .All, fees, ftnes and' foneitures l'~lized under this Act ~pprofPfiria-,
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b a' l'd'milo th e publi oroosury.
shall
ep
tlon 0 cn:.eea
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But it shall,oo'-comPetent to the convioting Magistrate ~ar4 to
to award such portion 9f- the fibe or of the proceeds of the ormer.
forfeiture as he may"think fit, not exceeding one-half the
amount ,offuU
authorized to be imposed by this Act in
any case under this 4ct. ,to the person 01' persons on whose
information the 90nviotion is, obtained.
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SOlDDDtTLE REFER:SED TO IN THE P:a:mADLlD
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The Nilgiri district shall for,the purpose of this Act be
heldto be bounded by. /
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.'The north bank of the Bhavani River from Attipadi inthe Attipadi Valley to the junction, of the ;Mayar River..
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The west and south banks of the Mayar River from its
junotion with the Bhavani to the point in the Mudumu11a.b
District nearest to Gudalur.
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$" now Centrai Act
Vof 1898.
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164 Ni'lgiri8 Gamt and FiJJ~ Pruerootion; [IS19: Mad., Act II
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A line carried thence to .the head of the Pandy-River
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(Ouchterlony,Valley).
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The east bank of the Pandy River to where it falls near
the Karkur Pass into Malahar Payenghaut •
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A line along the south crest of the Ouchterlony Valley
and across the western slopes of the Nilgiri and Mukurti Peaks
and Siaa.para Ranges to Wallaghaut.
A line thence along the wes1(c~est of the Silent Valley_
( Malabar) Range.
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N.B.--The district shall include. the entire tract known as the Silent
Valley.
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A line from the south end' of the ab9venam~d range to
the Bhavani River at Attipadi in the valley of the same name.
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1386
CHAPTER oUx!.
WILD ANIMALS, ETC. PRESERVATION.
(No. 15-·1900.)
WHl~REAS
the Colony of Southern Nigeria is within the zone
speoified in the first artiole of 0. Convention for the Preservation
of Wild Animals, Birds and Fish in Africa, signed at London on
the 19th day of May, 1900.
1. This Ordinance may be oited for all purposes as "The Wild
Animals, Dirds and Fish Preservation Ordinanoe."
2. In this Ordinanoe nnless the oontext otherwise requires" Colony" includes Protectorate.
"Animal" means any wild animal.
" Bird. " means any wild bird.
" Collect" means to take and kill by any means any animals,
birds or fish for scientifio purposes.
" Diseased" means affected with disease.
"Disease" means any infeotious or contagious disease of wild
or domestio animals or birds.
" Hunt" means to chase or pursue animals or birds for the sake
of food or sport, and shall include to beat or to drive
animals for another.
.
" Dangerous" means savage, vicious, or likely to spread disease.
"Young," as applied to an elephant, means having a tusk
. weighing less than twenty.five pounds. (Amended, 1907.)
3. The Governor in Council may by order published in the
Gazette do the following things or any of them:(0.) Prohibit the hunting, capture and killing of any animal or
bird mentioned in the Sohedule I. hereto, or the young
of any animal mentioned in the Schedule II. hereto, or
the female of any animal mentioned in the Sohedule III.
. hereto when a.ocompanied by its young.
S.N.-vor•. 11.
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Interpretation.
Power of
Governor:
To prohibit
hunting.
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Wz'ld Animals,
Preservatz'on.
(b) Define districts and prescribe the number of animals
To preacribe
number to be
killed.
To prohibit
taking of
eggs.
To prohibit
fishing.
To prohibit
talrlng of
young fiah.
To prohibit
destructioJa
of 8p&W1l.
To pn!llCri.be &
cloee &eaIIOD.
To appoint
pre8elTee.
To prolu'bit
tmpe, b.
Toregu1&te
destruction. of
dUleued
animaJa.
TO.bTieh
......_ . export dntiee.
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or ma.le or female animals of the species specified in
Schedule IV. which may lawfully be killed or captured
during the period mentioned in the order by any person
in any district so defined.
(c) Prohibit the taking out of the nest or the destroying in the
nest of the eggs of any bird mentioned in the order.
(d) Prohibit the hunting, capture and killing of any fish specified
in the order.
(e) Prohibit the capture and killing of the young of any fish
specified in the order, below the size therein mentioned.
(f) Prohibit the destroying of any spawning bed or any bank
or shallow on which the spawn of fish may be.
(g) Prescribe a period or periods during which it shall not be
lawful to hunt, capture or kill any animal or male or
female animal, or the young of any animal, or any bird,
or any fish or immature fish specified in the order, or
take or destroy the eggs of any bird specified in the
order.
.
. (h) Appoint any tract or tracts of land within which it shall
not be lawful to hunt, capture or kill any animal, bird or
fish with the exception of those exempted by the order
from the operation thereof.
(i) Prohibit the Use of any poison or dynamite or any explosive
or any trap, pit, snare, net or other instrument, device or
means, mentioned in the order, for the purpose of taking
or killing any animal, bird or fish specified in the order.
(j) Permit and regulate the killing when diseased or suspeoted
of disease of domestic animals.and of wild animals, notwithstanding the· provisions of this Ordinanoe or any
order thereunder, and the payment of compensation for
domestic animal so killed, and generally make sucl! further or other provisions for preventing the transmission
of disease from or to or between wild animals as he
may think fit.
(k) Prohibit or regulate the export of elephan,ts' tusks.
(1) Establish export duties to be oharged upon hides and skins of
~es, antelopes, zebras, rhinoceroses and hippopotami,
on rhinoceros and antelope horns, and on hippopotamus
tusk, and upon the hides, skins, hornS and tusks of any
animal and on the skin and plumage of any bird specified
in the order.
I
(m) Re~te the destruction of animals of the species mentioned
m Sohedule V. and generally of any poisoilous, dangerous
or destruotive animal, bird or insect.
(Ill Regulate the destruction of the eggs of crocodiles, la~~nous
snakes and pythons and of any other poisonous,
erous
or destruotive reptile, and of any poisonous, dangerous or
destructive bird or ~sect.
_
.
!
Wild Animals,
(0)
~c.
P,'eservation •.
If it shall at any time appear that any animals or birds, tho
1387
To pennit .
hunting, capture and killing of whioh is unlawful under ~untintl!,. &0.
. Iy lDJunng
. . . orops,oattl e, Ian ds oases.'
In cor a1l1
thIS 0 r d;mance, are senous
or other property, permit the hunting, oaptv.re and killing
of such animals or birds by suoh persons upon suoh conditions and by suoh means as are mentioned in suoh
order, and
(p) Generally make orders and regulations, and re"toke, alter, General.
or add to any suoh orders and regulations for the better
exeoution of this Ordinanoe, and for the purpose of preserving animals, birds and fish.
O
4. The Governor may by any order or regulation made by him
under the provisions of seotion a of this Ordinanoe impose for
every offenoe against any order or regulation such penalty not
exceeding fifty pounds or suoh term of imprisonment not exceeding six months, as he may think fit.
Power to impose penalties.
, 6, The Governor in Oounoil may make regulations with respeot
to all or any of the following matters : f h
'
.
. . f
(a) A pphoaholl
or,'ISsue and f onn 0,
untmg
and 0011tlotlDg
lioenses;
(b) Fees to be oharged for lioenses;
,
(0) Ueturns to be furnished by holders of licenses under this
Ordinance; and
'.
(d) The imposition and enforoement of penalties for any breach
of any regulation made in pursuance of this seotion.
To make
reg?latiolls as
to lIceDses.
6. Every order and regulation made under the provisions of this
Ordinanoesholl be published in the Gazette, and sholl upon such
publioation have full force and effeot.
Unless and until varied or revoked in the manner above presoribed the orders and regulations contained in Sohedule VI.
hereto sho.11 be andl'emain in force.
Publir:atioll
of orders.
SOHEDULE I.
(Series A.)
1. V u1 tures.
2. The Secretary-bird.
3. Owls.
4. Rhinooeros-birds or Beef-eaters (Buphaga).
r
(Series B.)
1. The Giraffe.
2. The Gorilla.
3. The Ohimpanzee.
4. The Mountain Zebra..
• 5. Wild Asses.
6. The ·White-tailed Gnu (Oonnoohoetes Gnu).
7. Elands (Taurotragus).
8. The little Liberian Hippopotamus.
002
I
i
I
I
I
\
.,.-
SCHEDULE II.
1. The Elephant.
2. Rhinoceroses.
3. The Hippopotamus.
4. Zebras of species not re£ened to in Sohedule I.
5. Buffaloes.
6. Antelopes and Gazelles, namely, species of the genera
Bubalis, Damalisous, Connochoetes, Cephalophus, Oreotrngus, Oribia, Rhaphiceros, Nesotragus, Madoqua,
Cobus, Cervicapra, Pelea, Aepyceros, Antidorcns, Gazella,
Ammodorca.s, Lithocranius, Dorcotragus. Oryx, Addu,
Hippotragus, Tauiotragus, Strepsi0eros, Trugelaphus.
7. Ibex.
8. Chevrotains (Tragulus)._
SCHEDULE
.
III.
1. The Elephant.
2. Rhinoceroses.
3. The Hippopotamus.
.
4. Zebras of the species not relened to in Schedule I.
5. Buffaloes.
<II'
6. Antelopes and Ga.zelles, namely, spa.ies of the genera Bubalis; Damaliscu.s, Connochoetes, .CepJilllophus, Oreotragus,
. Oribia, Rhaphiceros,.Nesotragus, Madoqua, Cobus, Cervicapra, ·Pelea, Aepyoeros, Autidorcas, Gazella, Ammodorcas, Lithocranius, Dorootrllgus, Oryx, Addax, Hippo.
tragus, Taurotragus, Strepsiceros, Tragelaphus.
1. !beL
8. Chevrotains (Tragulus).
SCHEDULE IV.
1. The Elephant.
2. Rhinoceroses.
- 3. The ffippopotamus.
4. Zebras of the speCies not referred to in Schedule I.
S; Buffaloes.
'
6. Antelopes and Gazelles, namely, species of the genera. Bubalis,
. ,Dama.liscus, Connoohoetes, Cephalophus, Oreotragus,
Oribia, Rhaphioeros, Nesotragu8; Yadoqua, Cobu!, Cer. vioapra, Pelea, Aepyoeros, Antidorcas, Gazella, AmD;lodorcas, Lithocranius, Dorootragus, Oryx,' Addax, Hippo-,
tragus, Taurotragl;1s, Strepsiceros, Trngelaphus.
-1. Ibu.
8. Chem>tain8
(Tragti~us).
1389
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
2·5.
The various Pigs.
Colobi and all fur-Monkeys.
Aard-Varks (genus Orycteropus).
Dugongs (genus Halicore).
Manatees (genus Manatus).
The small Cats.
The Sen·al.
The Cheetah (Cynoelurus).
Jackals.
The Aard-wolf (Proteles).
Small Monkeys.
Ostriches.
Marabous.
Egrets.
Bustards.
Francolins, Guinea-fowl and other" Game Birds."
Large Tortoises.
SCHEDULE V.
1.
2.
3.
4.
5.
6.
7.
The Lion.
The Leopard.
Hyronas.
The Hunting Dog (Lycaon pictus).
The Otter (Lutra).
Baboons (Cynocephalus) and other harmful Monkeys.
Large birds of prey, except Vultures, the Secretary-bird
and Owls.
8. Crocodiles.
9. Poisonous Snakes.
10. Pythons.
SCHEDULE VI.
1.
ORDER.
(24th August, 1905.)
The following acts are hereby prohibited :~.
l. The hunting, capture or killing of""':"
(a) Any of the following birds or animals, viz., Vultures,
Secretary Birds, Owls, Rhinoceros - Birds, Giraffes,
GOriHIlS, Chimpanzees, Mountain Zebras, Wild Asses,
White-tailed Gnus, Elands and little Liberian Hippopotami; .
.
(b) The young of any of the following animals, viz., Elephants,
Hippopotami, Buffaloes, Antelopes and Gazelles, ex,cept
by the holders of collector's licenses; and
(c) The female of any of the animals mentioned in subsection (b) when accompanied by its young;
1390
Wild Animals,
9·c.
Preservation.
(d) Birds during the nesting season, which ,in the case of
Partridges is to be considered to extend from August 1st
to December 15th, and in the case of Ducks, Geese and
other waterfowl, from March 1st to June :lOth.
2. The hunting, capture or killing of Elephants by persons other
than the holders of licenses.
3.-(i) The use of dynamite or any explosive or poison for the
purpose of capturing or killing fish in any river, stream, brook,
lake, pond or lagoon within the Colony or Protectorate.
(ii) The use of poison to kill any wild animal or bird.
4. The possession or sale of Elephants' tusks of less than twentyfive pounds in weight, unless it be proved that such tusks are those
of Elephants killed before the date of the commencement of this
Ordinance, or in case of tusks of less than ten pounds in weight,
before the 31st October, 1901.
5. The possession of any animal, bird or fish, or any hide, fjkin,
horn, tusk or any part of any animal, bird or fish, or any egg of
any bird, the hnnting, capture, killing or taking of which is
prohibited by this Order.
'
Any person doing any act in contravention of this Order shall
be liable, on conviction before a District Commissioner, to a fine
not exceeding twenty-five pounds, or to imprisonment, with or
without hard labour, for any period not exceeding three months.
In this Qrder District Commissioner includes Resident or other
offioer appointed by the Gdternor to be in charge of any district in
the Colony or Protectorate.
2.
(29th
REGULATIONS.
August~
1905.)
License8.
leaue of
1iceIl8elJ.
Endorsement
of licensee.
Duration of
and fees for
~
\,
"
1. Lioenses may be issued in any' district by the District Commissioner.
2. Every license shall have inscribed upon it the district in
which the licensee may hunt. If a lioensee desire to hunt or collect
in any other district he must have his license endorsed by the
,
Distriot Commissioner of suoh district.
3. Licenses shall be issued for periods of six months or one year,
and the following fees shall be payable thereon : -
Eleplumt Licellses.
License for six months
License for on,6 year
£10
£20
Collector's Licen8es.
License for six montha
License for one year
£6 '
£10
..I
f
,
Wild Animuls,
1391
Preservation.
4. Licenses shall be in the forms ill the appendix hereto.
Form.
Rules 2, D, 6, 7, 8, 9 and 10 shall be endorsed on every license.
D. Upon the expiration or revocation of a license such license Licenaea to be
shall be handed by the licensee to the District Commissioner of the delivered .
. 1: t . t
upon expnawS nc .
tion or NVO6. A royalty of twenty-five per cent. of ivory obtained, or the cation.
value thereof at the current market price at the date when the !Wyaltiea 011
Elephant was killed, shall be paid to the Government.
IVOry.
7. T\~enty-five per cent. of the meat of every Elephant killed Part of m.eat
shall be given to the natives who own the bush in which the givti~n to
na Tea•
. EIepanis
h t · killed.
8. Every licensee shall report to the District Commissioner of Monthly
the district on the first day of every month or within fourteen days : n e to be
thereafter, the number of animals or birds killed or collected by
II.
him, and also their sex and species. The tusk of any Elephant
killed shall be brought at the same time to such District Commissioner, and the royalties payable under rule 6 hereof shall be paid.
9. Every licensee shall produce his license at the request of any ~uctiOll
District Commissioner.
of li0eD88.
10. Any person who contravenes any of the foregoing regula- Peua1tiea.
tions shall be liable to a penalty not exceeding twenty-five pounds,
or to imprisonment for a term not exceeding three month~, ·with or
without hard labour, and his license may be revoked.
11. In these rules Distriot Commissioner includes Resident or
other officer appointed by the Governor to be in charge of any
district in the Colony or Protectorate.
APPENDIX.
Elephant License.
.vII.
'\
,
No •
"THE WILD A.N1l£A.LS, BIRDS
AND FISH PRESERVA.TION
ORDINANCE."
"THE WILD ANIMALS, BIRDS
AND FISH PRESERVATION
ORDINANCE."
Di.strict.
Permission is hereby granted to
to hunt elephants in
District for
the period extending: from the
da.y
of
,19 ,tothe
day of
,19.
Dated the
day of
,19.
District.
Permission ill hereby granted to
to hunt elephants in
District for
the period extending' from the
day
of
,19, to the
dayo!
,19.
. Dated the
day of
• 19 •
~eepaid•.
Fee paid..
Di,trict Commil,ioncr.
r
,
~c.
(Rules 2, 5, 6, 7, 8, 9 and 11) to be
endorsed on this licen.;e.)
(Ruletl 2, 5, 6, 7, 8, 9 and 10 to be
endorsed on thialioensa.)
\
"'
"\
1392
i
i
.
,I
Wild Animals, ~c. Prescrvatz'on.
Oollector'8 Licen8e.
No.
No.
"
"THE WILD ANIMALS, BffiDS
AND FISH PRESERVATION
ORDINANCE."
"THE WILD ANIMALS, nmDS
. AND FISH PRESERVATION,
ORDINANCE."
Permission is hereby granted to
to collect any animals (except elephants)
or birds in
District from the.
day of
, 19 , to the
day
PermLleion is hereby granted to
to collect any animals (except elephants)
or birds in
District from the
day of·
, 19 • to the
day
of
.19.
Dated the
day of
,19.
of
, 19 .
Dated the
day of
,19.
Fee paid.
Fee paid.
Diltrict C'olllmil,iolll1'.
3.
Diltrict C'rll1""iuio",r.
ApPOINTMENT OF A RESERVE.
(23rd May. 1907.)
The following tra.ct of la.nd is appointed a reserve, within which
it shall not he lawful to hun,t, capture or kill any animal or bird
whatsoever; that is to say :All that tract of land which lies within the boundaries
formed by the Gwato Oreek, the Benin River, and ~he Da.vey
or Ologi Oreek on the west, south and east respectively, and
.
the road between <tilli-Gil~ and Kolo-Kolo on the north.
4.
OLOSE
Tu'tIE
FOR ELEPHANTS.
It shall not be lawful' to hunt .capture or kill any Elephant '
on any da.y of the year falling between the 1st June and the',
80th November, bothJnolusive.
"
"
..
""isprlpg
1048
PERAK GOVERNMENT GAZETTE
No. 18
OF
[DEC.
20
1902.
building, ship, vessel or other place, then such Magistrate may by
warrant under his hand and the seal of the Oourt directed to any Police
Officer, cause such house, building, ship, vessel or other pIa.ce to be
entered and searched at any hour of day or night.
(ii). The information'mentioned in the preceding sub-section shaJl
describe the property which it is reasonably suspeQted has been stqlen or
fraudulently obtained and shall also describe the house, building, lhip; .
vessel or other pJa;ce in which such property is suspected to be.
(iii). If upon the making of the search any property: such as that
described in the info~tion shall be found in the house, building, .mPI
vessel 01' other place,,' then the Police Officer making the search or some
other Police Officer shall convey such property before a Magistrate or
guard tlte same on the spot or otherwise dispose thereof in some place
of safety. . .
.
(iv). The Police Officer making the search or some other Police Officer
shall also take into custody and carry before a Magistrate every person
in such house, building, ship, vessel or other place in whose possession or
under whose control such property may be found.
,
(v). The provisions of Sections 59 and 60 of the" Oriminal Procedure
Oode, 1900," shall apply to searches made under this section.
FEDERATED MALAY STATES.
STATE OF PERAK.
rENAOTMENT No. 20 OF 1902.
An Enactment to:iprovide for the protection of wild Animals aud
Birds.
[22nd November, 1902.J
J. P. RODGER,
C.M.G.,
Briti8h Re8ident.
HEREBY enacted by His Highness the Sultan in Oouncil as
I T ISfollows:Short title
and oom.
men~ement.,
Interpretation.
1. This Enactment may be cited as "The Animals and Birds
Protection Enactment, 1902," and shall come into force three months
after the publication thereof in the Ga.ette.
2.
In. .this
Enactmen~. unless the context otherwise requires :.
"Big ~me" means any animal mentioned in the First Schedule;
"'Oeer" includes all kinds of deer and antelope j .
.. Wild bird" includes all birds commonly found wild within the
State other than those mentioned in the Second and Third Schedules;
. .. Shoot" includes to shoot at with any gun or blow - pipe, or to kill,
wDund, snare, net, or take by means of any contrivance.
)
DEC.
20J
PERAK GOVERNMENT GAZETTE
1049
---_._-_.;:;::._-======;;;;;:;;:;===============================
ANIMALS AND BIRDS PROTEOTION.
3. It shall not be lawful for any person :-.
OtfenC8l1.
(a). To shoot any female elephant;
(b). To shoot any big game or wild bird unless he be duly licensed. in
that behalf under this Enactment; provided that no licence shall be
required in the case of His Highness the Sultan, the Higlt Commissioner.
the Resident - General, or the Resident; .
(c). To procure or instigate any other person not duly licensed in
that behalf to shoot any big game or wild bird;
.
(d). To expose or offer for sale or have in his possession alive or dead
any big game. deer or bird or any part thereof unfe8s the sa.me shall ha.ve
been lawfully taken. as to which the burden of proof shaJl be upon such
person;
(e). To shoot any deer within the months of May, June. July and
August, or to shoot any bird of 0. kind mentioned. in the Second Schedule
within the months of February. March. April and May.
4. (i). Licences to shoot big game or wild birds shall only be issued ReBidentma1
by the Resident and shall be substantially in the form of the Fourth and issne lioenoee.
Fifth Schedules, respectively, and it shall be in.-thea.bsolute discretion of
.
the Resident' to grant or refuse such licences; no fee shaJI be.payable in
respect of any such licence.
(ii). No such licence shall authorise any person to shoot any female
-elephant.
5. (i). Every licence. unless it be otherwise expressly stated therein. Licence
shall be valid throughout the S t a t e . ·
where valid.
(ii). In no case shall a licence be transferable.
Not transfer·
able.
6. (i). Every holder of a licence to shoot big game or to shoot wild Roturn of big
birds shall, before he leaves the State or on the expiration of his licence, g~me or Wild
whichever is the earlier date, furnish the Resident with a return shewing b,rds shot.
the number and description of big ga.me or of wild birds shot under his
licence.
(ii). In the case of big game such return sha.ll shew the date on which
and the place at which each head of big game was shot.
.
. 7. The Resident may from time to time, with the approval of the Residen.t
Resident· General, by notification in the Gazette, add to or remove from the may"I"MY
First Schedule the na.me of any kind of animal, or add to or remove from sohednles.
the Second and Third Schedules, respectiveiy, the name of a.ny kind of
. bird, and may simila.rly vary the forms contained in the Fourth a.nd Fifth
Schedules or substitute other forms therefor.
8. (i). It shall not be lawful for any person to set, place or prepare, Setting
or cause to be set, placed or prepared, a.ny spring gun or engine, shalJ?ened spring guns,
.stakes, pit.fall furnished with sharpened stakes, or other contnvance ot·e .
likely to endanger human life or infliot grievous bodily ha.rm.
(ii). Nothing in Sub-section (i) shallma.ke it unla.wful to set or place
.a spring gun or other contrivance for the.· purpose of destroying a tiger.
bear. leopard, panther or pig; provided that permission to do .so shall
:,)
: ....•...
IGliQ .
PERAK" GOVERNNI.ENT
GAZETTE
•
No .. 20
OF
LDEC,.
;zo
1902.
have. been first obtained from the District Officer, th.a Sauipr Police
Officer of the District or the penghulu or other chief district hea~an.
(ii.i): NQ1hl,n~ in,t~i.s ~~ction ~hall be held to relieve a.ny pe:so~ froI;ll
anyClVll or cnmmal ha.bIhtywhlChwould have attl\oChed to h11110 if thIS
Enactment had' not been passed, provided that no person shall be'
punished twice for' the same offence.
''
,
'
Defenoe of
life or proper.
ty.
9, (i)" No~withfltan(ijllg 1!>nro{ the foregQing provisious it shal\be
lawful for any person ; - '
'
(a). In 'q.efenceof himself OJ,' of .some other p~J:SOll, Or in"defence of
the,pr,operty of himself o~ ot SOma other pers.on, to"shoot.any anim~;
I
(b). If he is the lawful. occupier of any' cultivated land,to\shootany
animal or bh;d found actually damaging or destroying the crops growing
I
"
"
'.
thereon.
CanoelJatioJl
of licence.
. 10. The Residel).t may at ,any ti1ll8, by order under hill halld, cancel'
any: licence issued under this Erilj,Ct.ment, 'and'any person in possession of' .
sueh liCence IIh\l.llthereupon be· legally ,bound. to surrender the same upon
dellland made by any G9vermnbnt serval).t duly authorised in. that behalf.
Arrest with·
out warra.nt.
11. Auy PoJ.l:ce01fice~,pellgllUlu. or Forest Officer may arrest without
warrant any person found offending against this Enlilltment whoae name
or place of abode is ullknown to him or cannot be readily ascertained by
hilA, and anc» O.f\;eP-der TI#lJ.ybe detltUwl ,ail ,a· PAli~li\tation :uutilhis nlLll1e
and place of abode can be ascerta.ined or may be forthwith conveyed her,
fore a Magistrate to be dealt with according to law.
'
BeslIl'Ves.
12. His Highness the Sultan in Counc~l ~y:frQm,time to·timel hy"
D,otification in the Gazette, create reserVeS of specified areas of land for the
preservation of animals and 'birds,· and no· person shall, without the
written permission of His said llighness, s4!>ot any animal or bird within
anysucp reserve ..
Penalties.
18. (i). AnYP!3rson who commits any of the following offences shall
be liable, on conviction· before a Magistrate,· to It fine not exceeding the·
amount prescribed for each such offence :(a). Shoots any female
elep~ant,
$500,;
(b). Shoots any big game without a licence or otherwise than in
accordance withtanytlicenoe iS8ued,tobim Olla.'bets anyisuchoffen.ce, $500 j
(0). Shoots any 'wildbixd, without 11.1 licence or othtlrwise tbn in
accqrd.a.p.cewith a':lY: li~ence issued to him. or: a.bets any such offence, $5 il;!.
re~~pt of ,every~ wird. blrd so shot.j
(d). Exposes, offers for sale,or has in his possession, alive or· dead;
any big game, deer or bird or an;y part thereof, unless the same shall have
been lawfully taken, $50;
.
(e). Shoots any deer dUlliJg,.the,months'.of, May, June, J:uly and.
August, $100 j
(I>. Shoots any. bird. of.. a· Jrindim~tioned in the, SecondSchedUJ.e
during, the mop-the ;of .Febl1uar.y.! March/.April and May. $ 5 in respect .o£'- .
ev~ such ',bird so shot1;
, .
PERAK GOVER'NMENT GAZETTE
1051
ANIMALS AND' BIRDS PROTECTION.
(g) • .Makes or accepts the transfer of a licence, ·$50;
(k). Fails to duly furnish any return required bySeotion 6, '$ 50 ;
(i). Contravenes the provisions of Section 8, $250;
U). Fails to surrender a cancelled licence 'on demand, $ 25; .
(l~). Shoots without the written permission; 'of His Highness the
Sultan in a rest-rYe created under Section 12, $;500.
.
(ii). In every case where an ·anima.! or bird is unlawfully shot or
taken, the head, carcase; feet,skin, tusks, horns of such animal, or the
plumage of such bird, shall be' liable to-· forfeiture by order of a
Magistrate.
(iii).' If- a.ny person, bEilngbourid by the provisions of 'tHis .Eli8.ctrueilt
to make a report of big game or of wild.. birds . shot, . shall, without
reasonable excuse, fail to make such report, no licence to'shoot big game
or wild birds shall in future be issued to such person.
'"
14. The Court before which any conviction under this.Enactment is ,!Reward to
had may direct that any sum not exceeding one half of any. fine actually informers.
recovered shall be paid t? the informer..
15. ·On 1!he commencement of this 'Enactment ;the Enaclmentspeci- . R~pea.I.
fled in the Sixth Schedule shall be repealed to the extent therein mentioned.
THE FIRS:r .SCHEDULE.
Elephant
Bison ...
Rhinoceros
Tapir
...
-
Gajah
Seladang or Sapi
Badak
Tenok
..-..;
THE SECOND. SOHEDULE..
Pea-:fowl
Argus pheasant
Peacock "
Fireback "
Rufus-tailed fireback
.Jungle fow\
Long-billed partridge
Black partridge
· Q u a i l , ....
·Small blue-breasted quail
Burnished quail
'Crested wood quail
...
Water -rail (large)
"
(small)
...
/
,
...
Merak
KUaIig raya. (or kuang bulan)
" chermin (or n;terak pongsu)
Pegar
\ .
Kual!g pertam (or merah mata)
Denak (or borga or ,ayam utan)
Sulanting
Burong bertam. (or burong sang-.serok)
Puyob
Pikau
or puyC!h padang
"
Siol
Ayam-ayam
Sintar
, .1
-,------~------~-
1052
--------------------------
PERAK GOVERNMENT GAZETTE
No. 20
Whistling. teal
Goose teal (cotton teal)
White-winged wood duck
Grey imperial pigeon ...
Coppery imperial pigeon
Pied imperial pigeon(sea pigeon)
Large thiok-billed green ,pigeon
Orange. breasted
"
Little green pigeon,
Pink·headed green pigeon
Bronze-winged dove .. ,
Ringdove
,.
(buff coloured)
Small dove'
Mina
ThrUsh ...
Green parrot
Long-tailed parrot
,
Parroquet
..
OF
[DEC.
1902.
Belibis
Itek ayer
" angsa
Pergam
bukit
"
Burong rawa
Berkok (or lel\gguak)
Punai daun
"
siol
,,' galli:ug (or punai jambu)
"
tanah (or lembok or dekut)
Tekukor or balam
Balam Jawa
Ketitir or merbo
Tiong
Barau-barau
Bayan
Tanau,
Serendit
--THE THIRD SCHEDULE.
Kite
It
"
Hawk
"
... ... ...
...
...
...
...
Crow
Sparrow (white-headed)
"
(black)
"
(black-headed)
It
(larger species)
All migratory 'birds
Lang bumbun ...
.......
tambikar "
"
"
sewah or raja wali
Sikap balam
" belalang
Gagak
Pipit uban
" tuli or perit
pinang
"
payo.
"
THE FOURTH SCHEDULE;
STATE OFPERAK,
.. The AnimalB and Bi'1'dB Protection Enactment, 1902,"
BIG GAMl!l LIOENCE,
(Not t'1'anB/e'1'able:)
Permission is hereby granted to
,
of
.
20
PERAK·GOVERNMENT.GAZETTE
.
,
...
ANIMALS AND BIRDS PROTECTION.
to kill such animals as are hereunder specified between the date of this
licence and 31st December, 190
Species
Number
Sex
Other restrictions
Dated this
190 .
day of
Britisk Resident.'
Licence No.
THE FIFTH SCHEDULE.
STATE OF ..1'ERAK.
.
.
.. Tke Animals and Birds Protection Enactment, 1902."
WILD BIRDS LICENCE •.
(Not transfet'able.) .
Permission is hereby granted to
to kill wild birds in accordance with the terms of this licence between the
date of this licence and 31st December, 190 ..
Terms of licence
190 .
day of
Dated this
Britisk Res'ide,u.
Licence No.
.THE SIX'XH SCHEDULE..
ENACTMENT REPEALED.
Short Title.
Numbe.r.
Extent of Rel'en.J.
"Order in Council No. Protection of Wild Birds The whole.
11 of 1889
of Bright Plumage
---~-----..:------.-----.:..-.--------.-.-
\
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