The Meghalaya Wild Animals And Birds Protection Act, 1971 Act No.9 Of 1971

MEGHALAYA ACT 9 OF 1971
THE MEGHALAYA WILD ANIMALS AND BIRDS PROTECTION ACT, 1971
(As passed by the Assembly)
[Received the assent of the Governor on the Twenty -seventh July, 1971 ]
(Published in the Gazette of Meghalaya , Extraordinary, dated the 5 t h August ,
1971 ).
Arrangement of Sections
Sections:
1. Short title and commencement.
2. Definitions.
3. Application of Act.
4. Domesticated and other animals and birds in captivity exempted.
5. Close time.
6. Power of entry, search, arrest and detention.
7. Production of persons arrested and things seized.
8. Report of arrest and seizure.
9. Arrest how to be made.
10. Searches and seizures how to be made.
11. Refusal to produce things or furnish information to be unlawful.
12. Penalties.
13. Procedure as to disposal of perishable property seized.
14. Penalty for subsequent offences.
15. Power to compound offence.
16. When Court to take cognizance of offence.
17. Issue of license of special purpose.
18. Operation of other laws not barred.
19. Defence of life and property.
20. Protection to person acting in good faith.
21. Power to make rules.
22. Removal of difficulties.
THE SCHEDULE.
THE MEGHALAYA WILD ANIMALS AND BIRDS PROTECTION ACT, 1971
An
Act
to provide for the better protection and preservation of certain
wild animals and birds.
Be it enacted by the Legislature of Meghalaya in the Twenty-second Year of the
Republic of India as follows:-
Short title and
commencement.
1. (1) This Act may be called Meghalaya Wild Animals and Birds
Protection Act, 1971.
(2) It shall come into force immediately.
Definitions. 2. In this Act unless there is anything repugnant in the subject or
context:-
(a) “animal or bird” includes the young one of the animal or bird,
as the case may be;
(b) “Forest Officer” means any person appointed by name or
holding an office by or under the orders of the Government to
be the Conservator, Deputy Conservator, Assistant
Conservator, Extra Assistant Conservator, Deputy Forest
Ranger, Forest Ranger, Forester or Forest Guard, or to
discharge any function of a Forest Officer;
(c) “Government” means  Government of Meghalaya;
(d) “Game” means any animal or bird to which this Act applies;
(e) “Hunt” means any animal or bird to which this Act applies;
(f) “Meat” includes fat, blood, flesh and bones;
(g) “Trophy” means the durable part of an animal or bird
specified in the Schedule which has been preserved by any
means, whether natural or artificial, and includes the head or
horn, tooth, tusk, bone, claw, hoof, skin, hair, feather, eggs or
nest of any bird, but does not include any article
manufactured from any such part of the animal or bird as
aforesaid.
Application of Act. 3. (1) This Act applies, in the first instance, to the animals and birds
specified in the Schedule, when in their wild state.
(2) The Government may, by notification, apply the provisions of this
act to any kind of wild animal or bird; other than those specified in
the Schedule , which in its opinion it is desirable to protect or
preserve.
Domesticated and other
animals and birds in
captivity exempted.
4. Nothing in this Act shall apply to domesticated or other animals or
birds which are lawfully captured and kept in captivity.
Close time. 5. The Government may, by notification, declare the whole year or any
part thereof to be a close time throughout the whole or any part of
Meghalaya for any kind of wild animal or bird to which this Act
applies, or for female or immature wild animals or birds of such kind
and subject to the provision hereinafter contained, during such close
time, and within the area specified in such notification, it shall be
unlawful:-
(a) to capture any such animal or bird, or to kill or injure any
such animal or bird which has not been captured bef ore the
commencement of such close time;
(b) to hunt for any game during such close time;
(c) to sell or buy, or offer to sell or buy, or to possess any such
animal or bird which has not been captured or killed before
the commencement of such close time, or the meat thereof;
(d) to sell or buy, or to offer to sell or to buy or the possess any
trophy of such animal or bird captured or killed during such
close time.
Power of entry, search,
arrest and detention.
6. (1) Any Forest Officer or Police Officer, who from his personal
Knowledge or from information received and after such inquiry as he
may consider necessary, has reason to believe that any person has
committed an offence against this Act, may:-
(a) require any such person to produce for his inspectio n any
animal, bird, meat or trophy in his possession or any license
issued to him under the provisions of this Act and to furnish
true and correct information as may be required of him;
(b) enter an search, at any time, by day or by night any premises,
land, vehicle or vessel in the occupation of such person and
open and search any baggage or other things in this
possession;
(c) seize any animal, bird, meat or trophy together with any
vehicle, weapon, trap or tools reasonably suspected to have
been used for c ommitting an offence against this Act and
unless he is satisfied that such person will appear and answer
any charge which may be preferred against him, without
warrant arrest and detain him;
(d) any officer, of a rank not inferior to that of an Assistant
Conservator of Forests, who, or whose subordinate has seized
any vehicle, weapon, trap or tools, under clause (c) of sub -
section (1), may release the same on the execution by the
owner thereof of a bond for the production of the property so
released, if an d when so required, before the Magistrate
having jurisdiction to try the offence on account of which the
seizures has been made.
(2) It shall be lawful for any of the offices referred to in sub -
section (1) to stop and detain any person whom he sees committing or
attempting to commit an offence against this Act and such officer may
arrest without warrant such person and he may seize any weapon, trap or
contrivance used for the purpose and also may seize such wild animal or
bird or any part thereof killed in contravention of this Act;
Provided that the officer making such arrest may release such
person arrested on his furnishing his name and address and otherwise
satisfies such officer that he will duly answer any summon or other
proceedings which may be taken against him.
Production of
persons arrested
and things
seized.
7. Every person detained or arrested or thing seized under any
of the provision of this Act, shall be taken or produced
before the Magistrate having jurisdiction with a report
containing full particulars of the person arrested or things
seized and the circumstances under which the arrest  or
seizure was affected, within twenty-four hours of such arrest
or seizure, exclusive of the time necessary  for the actual
journey or transit from the place of arrest or seizure to the
court of the Magistrate, to be dealt with according to law.
Report of arrest
and seizure.
8. Any Forest or Police Officer making an arrest or seizure
under this Act shall, forthwith, make a full report of all the
particulars of such arrest or seizure to his immediate
superior officer.
Arrest how to be
made.
9. All arrests under this Act shall be made, as far as may be, in
accordance with the procedure laid down in the Code of
Criminal Procedure, 1898.
Central Act
5 of 1898
Searches and
seizures how to
be made.
10. All searches under this Act shall be conducted as far as may
be, in accordance with the procedure laid down in the Code
of Criminal Procedure, 1898 as applicable to any search or
seizure made under the authority of a warrant under the said
Code.
Central Act
5 of 1898.
Refusal to
produce things or
furnish
information to be
unlawful.
11. Whoever-
1) wilfully refuses or is unable to produce and show
such things or licence or wilfully refuses or fails to
give such information which under the provisions
of this Act he is required to produce or to giver, or
otherwise furnishes information which he knows or
believes to be false or does not  believes to be true,
or
2) forcibly resists arrest or attempts to evade arrest or
obstructs any Forest or Police Officer to enter or
search or to effect seizure under the powers
conferred by this Act, shall be guilty of an offence
against this Act.
Penalties. 12. (1) Any person who contravenes any of the provisions of
this Act, shall, on conviction, be punished of this Act, shall,
on conviction, be punished with imprisonment which may
extend to six mont hs or with fine which may extend to
rupees five hundred or with both.
(2) When any person is convicted of an offence against this
Act, the court trying the offence may order that any animal,
bird or meat in respect of which the offence has been
committed and any weapon or trap with which the offence
has been committed shall be at the disposal of the
Government and that any license held by such person under
the provisions of this Act, be cancelled.
Procedure as to disposal
of perishable property
seized.
13. The Magistrate may, notwithstanding anything hereinbefore contained,
direct the sale of any property seized under this Act which is subject to
speedy and natural decay, and may deal with the proceeds as he might
have dealt with such property if it had not been sold.
Penalty for subsequent
offences.
14. Whoever having been convicted of an offence punishable under this
Act shall again be guilty of any such offence, shall be subject for every
such subsequent offence to double the amount of punishment with
which he would otherwise have been punishable for the same;
Provided that he shall not be punishable in any case with
imprisonment for a term exceeding one year or with fine exceeding
rupees one thousand or with both.
Power to compound
offence.
15. (1) Any officer not below the rank of Deputy Conservator of Forests,
may:-
(a) accept from any person against whom a reasonable suspicion
exists that he has committed an offence under this Act, by way
of composition of the offence, payment of a sum of money, not
exceeding five hundred rupees or at the discretion of such
officer, an undertaking in writing from such person to pay lime
sum within a specified period;
(b) release any property seized under the powers conferred by this
Act on payment of the value thereo f as estimated by such
officer, or at the discretion of such officer on accepting an
undertaking in writing from the person concerned to pay the
estimated value within a specified period.
(2) On payment of such sum of money or such value or both to such
officer, or on acceptance of such sum of money or such officer, or on
acceptance of such undertaking or undertakings by such officer, as the case
may be, the suspected person, if in custody, shall be discharged, the
property, if any , seized shall be released, and no further proceedings in
respect of the offence shall be taken against such person:
Provided that, any sum payable under any such undertaking if not paid
when due, shall be recoverable as an arrear of and revenue.
When Court to take
cognizance of offence.
16. No Court shall take cognizance of any offence against this Act,-
1) except on the complaint or report of a Forest or Police Officer
or of any other officer authorised by the Government in this
behalf; and
2) unless the prosecution is instituted within three months from
the date on which the offence is alleged to have been
committed.
Issue of license for
special purpose.
17. Where the Government is of opinion that in the interest of scientific
research, such a course i s desirable, it may grant to any person a
license, subject to such restrictions and conditions as it may impose,
entitling the holder thereof to do any act which is by section 5 declared
to be unlawful
Operation of other laws
not barred.
18. Nothing in this Act shall be deemed to prevent any person from being
prosecuted under any other law for any act or omission which
constitutes an offence under this Act or from being liable under such
other law to any higher punishment or penalty than that provided by
this Act;
Provided that no person shall be punished twice for the same
offence.
Defence of life and
property.
19. Nothing in this Act shall be deemed to apply to the capture or killing of
a wild animal by any person in defence of himself or any other person,
or to the capture or killing of any wild animal or bird in bonafide
defence of property;
Provided that nothing in this section shall exonerate any person
who, when such defence becomes necessary, was committing any
contravention of this Act.
Protection to persons
acting on good faith.
20. No suit, prosecution or other legal proceedings shall lie against any
person for anything which is in good faith done or intended to be done
under this Act.
Power to make rules. 21. The Government of Meghalaya may make rules to carry out the
purposes of this Act.
Removal of difficulties. 22. (1) If any difficulties arise in giving effect to the provisions of this
Act, the Government may by order published in the official Gazette do
anything which appears to it to be necessary for the purpose of
removing the difficulties.
(2) No order made under sub -section (1) shall be questioned in any
Court of Law on the ground that no difficulty as is referred to in the
said sub-section existed or was required to be removed.
(3) Everything order published under this Section sha ll as soon as
may be after its publication be laid before the legislative Assembly.
SCHEDULE
(See Section 3)
I. ANIMALS
1. Rhinoceros Unicornis.
2. Tiger.
3. Leopard.
4. Panther.
5. Deer (All types of Deer)
6. Sambhar or Sambar.
7. Hares.
8. Wild Buffaloes.
9. Gaur or Indian Bison.
10. Elephant.
11. Gibon or Hollock.
12. Golder Langur.
13. Pygmy hog.
14. Pangolin.
15. Hispid hart.
16. Golden Cat.
17. Marbled Cat.
18. Spotted linsang.
19. Flying Squirrel.
20. Porcupine.
21. Wild Bear.
22. Bear.
II.BIRDS
1. Pigeons and doves.
2. Black Swamp.
3. Bamboo and Hills Partridge.
4. Jungle Fowl.
5. Pheasant.
6. Quail.
7. Cock-florican.
8. Spot Bill.
9. Whistling teal.
10. Cotton teal.
11. Geese.
12. Brahmini Duck.
13. Wood Cock.
14. Plover.
SCHEDULE - contd.
15. Snipe.
16. Wood Duck.
17. Horn Bill.
18. Peafowl.
19. Peacock.
20. Duck.
21. Crane.
22. Bustard.
23. And all other birds except Vermins like crow, hawks, sparrow magpie, parakeets and
bulbuls.
III. REPTILES
1. Monitor lizard.
2. Crocodile.

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