The Nilgiris Game and Fish Preservation Act, 1879

Tamil Nadu · state statute

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Act 2 of 1879

Keyword(s):
Wild Animals, Birds, Acclimatised Fish, Nilgiri District, Close Season, Game,
Control of Fishing

1879 : T.N. Act II] Nilgiris 221
Came and P.islb Preservation
1 ! '(TAIIIL NADU) ACT No. 11 OF 187ga.
[THE NIL~IRIS GAME AND FISH PRESERVATION
I
ACT, 1879.1
(Received the assent of the Governor on the 12th February
1879, and of the Governor-General on the 2Bth March
1879, and took effect from the 6th May 1879.)
An Act to provide for the protection of
Game and Acclimatised fish in the , district of
the Nilgiris in the state of,Tamil Nadu].
WEBIREAS it is expedient b provide for the protection Preambie.
of wild animals and birds used for food and of acclima-
tised fish, and to prohibit the killing, capturing and
selling game and acclimatised fish in the district known
as the Nilgiris, as described in the Schedule hereto
appended, under certain conditions ; It is hereby
enadad as follows :-
I. This Act, may be called the Nilgiris Game Title and lord
and Fish Preservation Act, 1579 ; and it shall come extent.
into operation in the district aforesaid, or such parts
i 1 Them words were substituted for the word "Madras" by the
Tamil Nedu Adaptation of Laws Order, 1969, AS amended by
I
L the Tamil NBdu Adaptation of Laws (Second Amondrnent) Order,
1969, which owe into force on the 14th January 1969.
1 For Statement of Objects and Reasons, see Port St. George
Cf tte, 1878, Supplement, clntccl tho 2nd April 1878, p.2; for Report
oje Beleot Committee, see ibid, Supplornon(, clutod tho 26th Jllno
1878; end for Proceedings in Council, see ibid , Supplement, tlatod
the 24th April 1878; p.82, and ibid, dutod L11o 38th June 1878, and
fig, dated the 4th February 1879, p. 3.
The Aot has been eupplemen~d by Act IV of 1897.
8 This ex mssion wan substituted for thelexpression "Madras
pmidenoy" ty the T:irnil Nodu Ad.rpttstion of Laws Order, 1970,
whish was deemed to havo come into force on t.he 14th January
1969.
222 Nilgiris Game and [I8794 T.N. Ad II
Fi8h Presewath
thereof, and from such dates as the =[State Government] 4
may from time to time deolare by notification in the
s[Official Gazette].
hterprcta- 2. In this Act the word "game" shall inolude
tion*olaueok bison, sarnbhur, ibex, jungle-sheep, deer of all "Game "
descriptions, hares, jungle-fowl, pea-fowl, partridge,
quail, and spur-fowl, or such birds or animals as
the l[State Government] may deem fit to speoify
by notification from time to time in the s[Offioial
Gazette].
Power to fix 3. The *[State Government] may, by notZaation
~lose~~~on. in the a[Official Gazette], from time to time, fix a
season or seasons of the year during whioh it shall
not be lawful for any person to shoot at, kill, aapture, 1
pursue or sell, or attempt to kill, capture or sell game,
as may be specified in such notication within the
district aforesaid I
Proviso as to Provided that nothing in this Act contained shall
private lands. preclude ,proprietors or occupiers of land from adopting 4
suoh measures on such land as may be neqesmry
for the protection of crops or produce growing thereon.
Protrotionof 4. Whonover any animal, bird or fish useful for
snimal* birdor food, not indigenous to the district aforesaid, is fish not indigon,. introduced into it with the approval of the &vernment
with a view to becoming acclimatised or being prop-
gated therein it shall be lawful for the l[SCate Govern-
ment] from time to time by notifiaation in the a[Offioial
Gazette], to prohibit altogether, or to regulate in
such manner and for such period not exceeding three
years as may be declared in such notification, the
pursuit, killing or capture of suoh animal, bird or fish.
1 The words "Provincial Qovemmxd" were suMitutad for
the words " Governor iy, Coua~il" by the Ada tetion Order of 1087
the word " State W~B eubstituted &r .* Pro-1 '* by
the adaptation Order of 1950.
8 Therw words wore suhstitufed for thewords '' Fort Bt.
BOW'' by the Adaptation Order of 1987, /
1
!' P . 1879 : T.N. Act II] NiZgiris 223
Game and Fish Preservatioa
5. It shall be lawful for the '[State Government], Power to
by not.ifion in the 2[0fficial Gazette], from time prescribe rulee
to time, to make rules for the regulation and control for the
of fishing in any stream or lake within the said ~~~~i($and
district ; and such rules may, with the view to pr~teo t fishing.
aoolimatised fish which may be believed to be thcre
or may be heroafter introduced therein, prohibit or
regulate the poisoning of the waters of any stream
or Iake, the throwing of any deleterious matter therein,
the use of fixed engines for the ci&pture of fish in any
atream, and the use'of nets of a mesh below a cerbin
size to be defined in such rules for the capture of
6sh in such stream or lake.
6. Any Government officer or servant or policeman, powor
producing his certificate of office, or wearing the aovernm~nt
prescribed distinctive dreas or badge of his department, Or police.
may require any person whom he finds committing
any offence against section 3, 4 or 5 of this Act to give
his name and address, or, if there is reason to doubt
the accuracy of the name and address so given, to
accompany him to the nearest police-station.
7. Every person oonvicted before a Magistrate Penalties for
of my offence against section 3, 4 or 6 of this Act shooting, &c.,
shall be liable for a first offence to s penalty not ~~nO~$for
exoeeding rupees fifty and to the forfeiture to breach of
hvenunent, at the discretion of the Magistrate, hhingrulea.
if the game; birds or fishes taken, and of dl guns,
engines, implements, nets and dogs used in or for the
purpose of aiding the commission of such offence,
and in default of payment of fine, to simple imprison-
ment for a period not exceeding one month, and
for every second and subsequent offence, to a penalty
not exoeeding rupees one hundred and the same
liability to forfeiture, and in default of payment to
simple imprisonment for a period not exceeding two
month.
1 The words s6Provinoial Government" were substituted for the
word0 "Clovernor in Council" by the Adaptation Order of 1937 and
the word "State" was substituted for "Provinci~l" by the Adep-
tation Onler of 1970. Them worde ware mbstitufed for tho words "Port St. George
Wta "by the Adaptetion 0-der of 1937.
224 Nilgiris Fish Preservation [I8 79 i T.N. Act 11
8. The provisions of the Code of Criminal Procedure1
Procad- under relating to the summoning and examination of persons
this ~ct. accused and witnesses and to the levying of penalties
shall be applied to proceedings under this Act.
9. All fees, fines and forfeitures realized under this
A propriation Acti shall be paid into the public treasury. oPfees, fines,
eta.
But ih shall be competent to the convicting Magistrate
*ward to to award such portion of the fine or of the proceeds informer. of the forfeiture as he may think fit, not exceeding
one-half the amount of full he authorized to be
imposed by this Act in any case under this Act, to
the person or persons on whose information the
conviction is obtained.
The Nilgiri district shall for the purpose of this
Act be held to be bounded by-
The north bank of the Bhavani River from Attipadi
in the Attipadi Valley to the junction of the Mayar
River.
The west and south banks of the Mayar River from
its junction with the Bhavani to the point in the
Mudumullah District nearest to Gudalur.
A line carried thence to the hmd of the Pendy
River (Ouchterlony Valley).
The east bank of the Pandy River to where it falls
near the Karkur Pass into Malabar Payenghaut.
A line along the south crest of the Ouchterlony
Valley and across the western slopes of the Nilgiri and
Mukurti Peaks and Sisapara Ranges to Wallaghaut.
A line thence along the west crest of the Silent
Valley (Malabar) Range.
N.R.-The distriot shall inolude the entire traot known ee tbn
Silent Valley
A line from the south end of the abovenamed range
to the Bhavani River at Attipedi in the valley of fhe
88 ne name.
1 See now Central Act 2 of 1974.

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