160 Wild Bhg

' ' MADRAS ACT No. I OF 1873.' i . -

( T ~ E MAD^ WILD ELEPHANT~'P~ESEBV~TXON 'ACT, . , 1873.1 s

(Received tho w e n t of the Governor on the 21st April 1873 " . l and of the Qowemor-Genera8 m the 16th May ,1873.) i

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+ An ACt to prevent the indiscriminate! destruction of wild elephants,

' , I W m m ~ s it is expedient to m&e provision to prevent

, tbe. indishriminate destruction of wild elephants within the . \

Presidency of Madras ; It ie hereby enacted as follows :-- . Local extent I. This Aat extends to tl;e' territories for the time being

eubjeot to the Governmen8 of the Presidency of Fort St; ' : .--.- aeorge ;

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and it shall come into force on the first day of October 1873. , ..+

2,Frorn and ader the said day the destruction of wild elephants is prohibited, except aa bereinafier provided.

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3. [Whoever, not being authorized thereto by s licence granted under the provisions of section 3-A shoots & or . . intentionally destraye and whoever abets within the' meaning of the Indian Penal Code, any perston not ' authorized as Central aforesaid in shootibg at, or destrofing] any wild fernele A ~ ~ U V . elephant upon waste or forest land, whether such land be the of 1860 property a [of the Government] or otherwise, shall be liable to a penalty not exceeding five hun.dred rupees, - and in r default' of payment to eimple or rigorouw imprisonment for a period not exceeding three months. i

Any peraon oohvicted h d e r this A d of an offen& commit - ted after his previous conyiction .mder this Act shall be liable , to a penalty not exceeding on6 thousand rupees, and, in , default of payment, to simple or rigorous imprisonment for a period not exweding six months. , -. t .. . . " I

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Short title "The Madras Wild Elephants,P~servation ~ c k 18 3 ** was given by &C Repealing and Amending Act, 191 (Central .4ed~{ of 1901).

Par Statement of Objects and Reasons sea Part St. &rgs Qaznt8, sup- plement, dated 25th February 1873, : 4. tor Proceedings in Council, 881 ibrd, 25th FebruraY 1873, p. 2, and ibid, 8 t e d 22nd April ~871, p. ).

This Act'was extended to the merged State of Pududukkottai by section 3 of, and the First Schedule to, the Madras Merged States (Laws) Act, 1949 (Madrar Act XXXV of 1949).

e b I The words within s uarc brackets were substituted by section 2 of the

Madras Wild Elephants %reservation (Amendment) An, 1933 (Madran A a m v of I933 . d ' The wor 8 " of the Crown " were substituted for the words " of Govern- ment " by the Adaptation Otder of 1937, and the word '' Government" ma cubstituted for " Ctowa " by the Adaptam Order of 1956.

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1878; 1 Mad. Act VIII] Cofee-8tealQq P r e v e ~ t h 161 L!

1879: Mad. Act 111 NiZgiria Game a d Fieh P~eaetvation , 6 8

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ae &y be requiied for the prepration in publio offioes of suoh statjistios as the 1 [State Qovernment .of Madras] may presoribe.

.." a 16.' The [State* Governmexat of Madras 1%' msy eRer =$@;. previous' publiaation' d e rules-- ,

I , fa) presoribing forms for the booke, returns and datistioe referred to in eeotioa 16 ;

\ (b ) regulating the time at which and the authority to*

, ' whom euoh returns ere to be furnished ; (c) ,regulating the inspection and examination of euoh

booke, returns and st&titietios ; and (d) generally for mrrying oh the purposes of this Aot ;

. and ~ l l such rules shall be published in the [Offioial Gazette] and ehall thereupon have the force of law.

17. Any person failing without 'reasonable exourre to Pen* for mmply with the proviaions qf motion 16 of tbie dot shsll be f&?zrh liable on ooniiotion by a Mrtgistrate to pay 8 fine not exoeeding the provi- .one hundred rupees.] . sions of

1 ecaion 15.

MADRAB ACT NO. I1 OF 1870.4 . I

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[THE NILGIRIS G A ~ AND mXf ~ESERVATION ACT, 1879. ]

(Received the assent of the Governor &the 12th February I

1879, a d of the Governor-General on the 24th March . . ..,, ",,g879, and took effect from the 6 t W a y 1879,)

An Act to provide for the protection of Game and Acclimatised @h in the district of the Nilgiris \in the Madras Presidency.

WHEBEA~ it *i8 expedi&t to prdvide for the protection of Pr.mblr wild animals and birds used forfood and of aoolimatised fish, and to prohibit the killing, oapturing and selling game and aoolimatiaed fish in the district known as the Nilgiris, 'tq

r The wzrds 'cProvincial Government of: Madras " were substituted for

.the words Governor of Fort St. George m c'owcil" by the Adaptation , Order of r937 and the word "State " was substituted for c'Proyincial " by the Adaptation Order of 1950.

a Sections IS, 16 and 17 were added by'^. Act 11 of zgoo, s. 9. a These words were substituted for the words " Fort St. Gemge Gatattr ''

by the Adaptation Order of 1937. For Statement of Objects and Reasons, see Fort St, Gem s Gmetts,

1878, Supplement, dated the 2nd April 1878, . t i for Report oPthc Select , Committee, n e iW, Supplement, dated the 25& June 1878; and for Rcoed- ings in Council, tee ibid, Supplement, dated the 24th April 1878, p. 82, and Ma dlrted the 25th June 1878, and ibid, dated-the 4th Peb~uaty x87g, p. 3.

Thc Act ha6 been auppkmmted by A a IV of xSp7,

M.C., VOL. 14 1

I 162 Nitgiris Uame.andFieR Prmc~vatim [187gi Mad. Act I1

described in the Schedule hereto appended, under oonditions; It is hereby onacted as follows :-

Title and I. This Act may be called the Nilgiris Game and Fish Pre- lylemnt* servation Act, 1879 ; and i t shall come into operation in the

. district aforesaid, or such parts thereof, and from such dates .

as the [State Government] may from time to time declare ,?

by notification in the 8 [Official Gazette].

Interpnta- tioq-clause-

2. In this Act the word " game " shall include bison, rr GBme m. sambhur, ibex, jungle-sheep, deer of all desoriptions, bare& , A;

jungle-fowl, pea-fowl, partridge, qudl, and spur-fowl, or such birds or animals as the [State Government] may deem iif to specify by notification from time to time in the a [Official Gazette]. ',,-"

Power totix 3, Tue 1 [State Government] may, by notification in the [Official Gazette], from time to time, fib a s w o n or . seasons of the year during which it shall not be lawful for any person to shoot at, kill, cagture, pur~lue or sell, or attempt to kill, capture or sell gamo, as may be specified in sucb notifioam ' . tion within the district aforesa d : . -.- - , .

Proviso as to Provided that nothing in this Act contained shall preclude prime pro~cr to r s or occupiers of land from adopting such measures lands. on such land as may be necessary for the proteotion of crops

or produce growing thereon. ' .

Protection 4. Whenever any animal, bird or fish useful for food, not i

indigenous t o the district aforesaid, is introduced into it with bird or fihn0t the approval of the Government F t h a view t o becoming indigenous. acclimatised or being propagated &erein it shall be lawful

for the I[State Government) from t iny to time by notifi- oation in the 8 [Official Gazette], t o 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 oapture of suoh animal, bird or fish,

Power to 5. It ahsll be lawful f o r t h e [State ~avernment]; by prescribe notification in. the [Official Gazette], from time to time,

the to make rules for the regulatioi and control of fisbing in any regulation and control stream or lake within the said district; end such rliles may,

I , of fishing. with theview to protect sccli~atised fish which may be believed

t o be there or may be hereafter introduced therein, prohibit or I

regulate the poisoning of the waters of any stream or lake,"the I

throwing of any deleterious matter the~ein, the use, of fixed engines for tbe capture of fish in any stream, and tk use of

\

The words "Provincial Government" were substituted for the words #* Governor in Council" by tht Adaptation Order of 1,937 and the word r# State " was substituted for " P~ovinclal" by the Adaptation Order of 1950.

a These words were aubatimd for the words " Fort St. George Gaxette " by the Adaptation Order of 2937.

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1879: Mad, Act II] Hi&& Qana md PiS7b Preaeruativn 163

nets of a mesb below a oertain size to be debed in suoh rules ,for the capture of fish in euoh stream or lake.

6. Any Government officer or servant or polioeman, pro- Power of ducing hi&+pertiiioate efaffice, or veaiing the prescribed dis- officer Gave-t or tinctive dressa or hdge of hir, department, may require any police, peaon whom he finds-oommitting any offence again& seotion 3, 4 or 6 of this Act to give his name and address, or, if there is reasgn to doubt the acoumcy of the name and address sd

' given, to accompany him to the nearest police-atation.

7. 'Every person convicted before a Magistrate of any Peaaltiee for offence againat section 3, 4 or 6.cf this A d shall be liable for a first ~ffenco to a penalty not exoeeding rupees fifty and to the close season

i forfeiture to Gavernment, at the discretion of the Magistrate, gagOf of the game, birds or fishee taken, and of all guns, engines,' f i s h i w r w implemente, nets and dogs used in or for the purpom of iLiding the commission of such'offe~ce, and in defhult of payment of fine, to simple imprisonmeat,for a period not exceeding one month, and for every second and subsequent offenoe, to a

; penalty not exceeding rupee8 one hundred and the same I liability to forfeiture, and in default of payment t o simple I

i I : imprisonment for a period not exceeding two months. 1 8. The provisions of the Code of Criminal ~ r o c e d u r e ' . ~ ~ ~ ~

I

relating to the summoning and examination of persons aocusd ~ a , I and witnesses and to the levying of penalties shall be applied 1 - to proceedings under this Ac*. I

I -.-- 9 . A11 fees, Bnes and forfeitures rmlized under thk Act

shall be paid into the public treasury. k e , etc.

C 1 , . But it shall b$'.com&ent to the oonvioting Magistlate Award to

to award such portion ofthe fine or of the proceeds of the informer. forfeiture as he may+think fit, not exceeding one-half the amount .of full fine authorized to be imposed by this Act in - .

any case under thia qct, to the peraon OF persons on whose information the oonviction is obtained. . .

I

he Nilgiri didriot shall for the purpose of thia'dot be held to be bounded by-

h The north bank of the Bhavani River from Attipadi ip the Attipadi Valley to the junotion of the M&yar River.1

The wesf and south banks of the Magar River from ita junotion with the Bhavani to the point in the Mudumullab I

I DistrIat nearest to Cudelur. 1 1 I

' Sd4 now Central Act v of 1898. q i

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164 Nilgiris Game and Fish Preservation/ [r 879: Mad. , Act I1

A line ck iod then^ to the head of the Pandy.River (0uchterlony.Valley).

The emt bank of the Pandy River to where it falls near the Karkur Pass into Malabar Payenghaut.

A line along the eouth +crest of the Ouchterlony Valley and across tho western elopes of the Nilgiri and Mukarti Pealro . and Simpera Ranges to Wallaghaut.

A line thence along the w e t &rest of t'he Silent Valley ( Malabar) Rango. - \

N.B.-The district shall include.the entire tract known as the silent Valley. . \_

A line from th"e south end' of the abovenamed range to , ,

the Bhavani River at Attipadi in the valley of the samo name. '5

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1386

WILD A N I M U , ETC. PRESERVATION.

- (NO, 16-1900.)

WHEREAS the Colony of Bouthern Nigeria is within the zone specified in the first artiole of a Converltion for tho Preservation of Wild Animals, Birds and Fish in Africa, signed at London on the 19th day of May, 1900.

I. This Ordinance may be cited for all purposes as " The Wild Animals, Birds and Fish Preservation Ordinanoe."

2. I n this Ordinance unless the context otherwise requires- Interprets- tion. " Colony" includes Protectorate.

0

" Animal " means m y wild animal. " Bird I' means any wild bird. "Collect" means to take and kill by any means any animals,

birds or fish for scientifio purposes. " Diseased " means affeoted with disease. "Disease" means any infectious or contagious disease of wild

or domestic animals or birds. "Hunt " means to chase or pursue animals or birds for the sake

of food or sport, and shall inolude 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 Power of Gazette do the following things or any of them :- Governor :

(a) Prohibit the hunting, capture and killing of any animal or To prohibit bird mentioned in the Schedule I. hereto, or the young hunting. of any animal mentioned in the Schedule 11. hereto, or the female of any animal mentioned in the Schedule 111. hereto when aooompanied by its young.

I S.N.-VOL. 11. 0 0

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- -- ., 1386 'CEZd Animals, &c. Preservation.

T~ praKh (b) Define districts and prescribe the number of animals number to be or male or female animals of the species specified in killed. Schedule IV. which may lawfully be killed or captured

during the period mentioned in the order by any person in any district so defined.

To (c) Prohibit the taking out of the nest or the destroying in the taking of nest of the eggs of any bird rrientioned in the order.

t . egsa. To prohibit

(d) Prohibit the hunting, capture and killing of any fish specified 1 fiehinn. in the order.

(e) Prohibit the ca ture and killin of the young of any fish specified in t g e order, below t Rh e size therein mentioned.

(f) Prohibit the destroying of any spawning bed or any bank or shallow on which the spawn of fish may be.

O'- (g) P d b e a period or periods during which it shall not be lawful to hunt, ca ture or kill any animal or male or female animal, or t 1 e 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.

@) 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, menlzoned in the order, for the urpose of taking or killing any animal, bird or fish speci if' ed in the order.

(j) Permit and regulate the killing when diseased or suspected of disease of domestio animals-and of wild animals, not- withstanding the provisions of thk Ordinance or any order thereunder, and the payment of compensation for domestio animal so killed, and generally make such fur- ther or other provisions for preventing the transmission of disease from or to or between wild animals aa he may think fit.

(k) Prohibit or regulate the export of elephants' tusks. (l) Establish export duties to be charged upon hides and skins of

girdles, antelopes, zebras, rhinoceroses and hippopotami, on rhinoceros and antelope horns, and on hippopotamus tusk, and upon the hides, skins, horns and tush of any animal md on the skin and plumage of any bird specified in the order. I

(m) Regalate the destn~ction of animals of the species mentioned m Schedule V. and enerally of any poisonous, dangerous or deetructive anim 3 , bird or insect.

(n) Regulate the destruction of the eggs of crocodiles, oisonous . analtea and pythom and of any other p o h o u s , L e r o u s or de~trnctive reptiie, and of any poisonous, dangerous or destructive bird or iqsect.

- W4td Animals, $0. Preservation,. 1387

(0) If it shall at any time appear that any animals or birds, tho To pomit hunting, oapture and killing of which is unlawful under ~,""~~$,,80. this Ordinance, are seriously injuring crops, oattle, lands ,,,.. or other property, permit the hunting, capture and killing of such animals or birds bv suoh persons u ~ o n such con- ditions and by suoh meins as b e mentibned in such order, and

(p) Generally make orders and regulations, and revoke, alter, General. or add to any suoh orders and regulations for the better exeoution of this Ordinance, and for the purpose of pre-

. serving animals, birds and fish.

4, The Governor may by any order or re ulation made by him Power to in- aoder the provisions of seotion 3 of this 8rdinance impose for ~ o @ ~ ~ ~ ~ ~ ~ e ~ . every offence against any order or regulation such penalty not exceeding fifty pounds or such term of imprisonment not exceed- ing six months, as he mny think fit. .

I a 6, The Governor in Oouncil may make regulations with respect TO make to all or any of the following matters :- rcgulatior~a aa

to liooosetl. , (a) Applicatiori for, issue and form of, hunting and collecting

licenses ; ees ta be charged for licenses

to be furnished by holders of licenses under this Ordinance ; and

(d) The ir2position and enforcement of penalties for any breach of any regulation made in pursuance of this section.

6. Every order and regulation made under the provisions of this Publir:iltion Ordinance shall be published in the Qazette, and shall upon such of orders. publioation have full force and effect.

Unless and until varied or revoked in the manner above pre- scribed the orders and regulations contained in Sohedule VJ'. hereto shall be and remain in force.

BCI3EDULE I. (Series A.)

1. Vultures. 2. The Secretary-bird. 3. Owls. 4. Rhinooeros-birds or Beef-eaters (Buphaga) .

(Series B.) 1. The Giraffe. 2. The Gorilla. 3. The Chimpanzee. 4. The Mountain Zebra. . 5. Wild Asses. 6. The TYhite-tailed Gnu (Connoohoetes Gnu). 7. Elands (Ttlurotragus). 8. The little Liberian IIippopotamus.

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Wild AniTnnis, $c. Pmservafeon.

SCHEDULE 11. 1. The Elephant.

inoceroses. 2. Rh' 3. The Hippopotamus. 4. Zebras of species not referred to in Sohedule I. 5. Buffaloes. 6. Antelopes and Gazelles, namely, species of the genera

Dubalis, Dameliscus, Connochoetes, Cephalophus, Oreo- tragus, Oribia, Rhnphiceros, Nesotra,pus, Xadoqua, Cobus, Cervicapra, Peleo, Aepyceros, Antidorcas, Gazella, Ammodorm, Lithocraniue, Dorcotragus, Orys, Addax, Hippotragus, Taurotragus, Strepsiceros, Tmgelaphus.

7. Ibex. 8. ~hevmtai118 Fragulus) . .

SCHEDULE 111. 1. The Elephant. 2. Rhinoceroses. 3. The Hippopotamus. 4. Zebras of the species not referred to in Schedule I. 5. Buffaloes. .t

6. Antelo es and GazelIes, namely, s p i e s of the genera Buba- lia; barn-, Connochoetes, Ce hnlophua, Oreobagus, Oribia, Rhaphiceros, Nemtragus, &doqua, Cobus, Cervi- cap- Pelea, Aepycems, Antidorcas, Gazella, Ammo- do-, Lithocranius, Domotmgue, Oryr, Addar, Hippo- trague, Taurotragus, Stmpiceros, Tragelnphus.

7. Ibex. 8. Chevrotnins (Tragulue).

SCHEDULE IP.

1. The Elephant. ' 2. Rhinocem~~~.

t referred to in Schedule I.

9. The various Figs. 10. Colobi and all fur-Xonkcys. 11. Aard-Varks (genus Orycteropus) . 12. Dugongs (genus Halicore). 13. Manatees (genus Mmatus). 14. The small Cats. I

15. The Serval. 16. The Cheetah (Cynoelurus). 17. Jackals. 18. The Aard-wolf (Proteles). 19. Small Monkeys. 20. Ostriches. 21. Marabous. 22. Egrets. 23. Bustards. 24. Francolins, Guinea-fowl and other " Game Birds."

' 25. Large Tortoises.

SCHEDULE V.

1. The Lion. 2. The Leopard. 3. Hymnas. 4. The Hunting Dog (Lycaon pictus). 5. The Otter (Lutra). 6. Baboons (Cynocephalus) and other harmful Monkeys. 7. Large birds of prey, except Vultures, the Secretary-bird

and Owls. 8. Crocodiles. 9. Poisonous Snakes.

10. Pythons.

SCHEDULE VI.

1. ORDER.

(24th August, 1906.)

The following acts me hereby prohibited :- 1. The hunting, capture or killiig of-

(a) Any of the followin birds or animals, viz., Vultures, Secretary Birds, 8&, Rhinoceros - Birds, Giraffes, Gorillrts, Chimpanzees, Mountain Zebras, Wild h e a , White-tailed enus, Elands and little Liberian Hippo- jgtami ; -

e young of any of the following animals, vis., Elephants, Hip opotami, Buffaloes, Antelopes and Gazelles, except by t g e holders of collector's licenses ; and

(0) The female of any of the animals mentioned in sub- section (b) when accompanied by its youug ;

Wild rlni?r$uls, $c. Preseruutiou.

(d) Birds during the nesting season, which ill 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 :il)th.

2. The hunting, capture or killing of Elephants by persons other than the holders of licenses.

3.-(i) The use of dynamite or any esplosive or poison for the purpose of capturing or killing fish in nny river, stream, brook, lake, pond or lagoon within the Colony or I'rotectorate.

(ii) The use of poison to kill any wdd animal or bird. 4. The possession or sale of Elephants' tusks of less than twenty-

five pounds in weight, unless it be proved that such tusks are those of Elephants killed before the date of the conlmencement 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, #kin, horn, tusk or any part of any animal, bird or fish, or any egg of any b i d , the hunting, 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.

I n this Qrder District Commissioner includes Resident or other officer appointed by the Gmernor to be in charge of any district in the Colony or Protectorate.

2. REGULATIONS. (20th August, 1906.)

Licenses.

1. Licenses may be issued in any district by the District Com- missioner.

Endorsement 2. Every license shall have inscribed upon it the district in of lioensw. which the lioensee may hunt. If a licensee desire to hunt or collect

in any other district he must have his license endorsed by the District Commiss~oner of suoh district.

3. Licenses shall be issued for periods of s i s months or one year, and the following fees shall be payable thereon :-

Elephunt Licettses.

License for six month8 . . $10 License for one year . . S20

Collector's Licenses. . Lioense for six months . . 3 6 *

Lice- for one year . . $10

- Wild dnimuls, &c. Preservation. 1391

4. Licenses shall ba in tho forms in tho appendis hereto. Form. Rules 2, 6 , 6, 7, 8, 9 and 10 shall bo endorsed on every license. 5. Upon the expiration or revocation of a license such license rice-to bs

shall be handed by th3 licensee to the Distriot Commissioner of the tg$im* district. tion or mro-

6. A royalty of twenty-five per cent. of ivory obtained, or the wiltion. value thereof at the current market price at the date when the % ~ a l ~ @ m Elephant mas killed, shall be paid to the Government. ivory.

7. Twenty-five per cent. of the meat of every Elephant killed Part of mest shall be given to the natives who own the bush in which the $;:z Elephant is killed.

8. Every licensee shall report to the District Commissioner of Monthly the district on the &-st day of every month or within fourteen days r&e to be

thereafter, the number of animals or birds killed or oollected by him, and also their sex and species. The tusk of any Elephant killed shall be brought at the same time to such District Commis- sioner, and the royalties payable under rule 6 hereof shall be paid.

9. Every licensee shall produce his license at the request of any Pr~duotiop Distriot Commissioner. of Iicama.

10. Any person who contravenes any of the foregoing regultlr l'emw tions shall be liable to a penalty not exceeding twenty-five pounds, or to imprisonment for s term not exceeding three months, with or without hard labour, and his license may be revoked.

11. In these d e a Distriot Commissioner includes Resident or other oBoer appointed by the Governor to be in charge of my district in the Colony or Protectorate.

APPENDIX. ,

Elqhajz t License.

-1%. I I No.

'ITHE WILD AKUdhlLS, BIRDS AND FISH PRESERVATION ORDINANCE."

District. Permhion is hereby granted to

to hunt elephants in District for the period extending from the day of , I9 ,tothe &yof ,19 .

Datedthe dayof , 1 9 .

- Pee paid.

"THE WILD ANIMALS, BIRDS AND FISH PRESERVATION ORDINANCE."

District. Permission is hereby granted to

to hunt elephants in District for . the period extending from the day of , 19 , tothe dayof , I9 .

Dated the day of , 19 . Fe paid. .

Diitr-kl Co~muriont?r. , District Commiaaionm.

I ~ R o l a 1. 6. 6,.7, 8(.,9uld I I t o b e (Ed* 2, 6, 6, 7 , 8. 9 and l o t o b e

en oreed on thie llcenae., endorsed on thia lioenee.)

CoZleclor's License.

No.

"THE WILD ANIMALS, BIRDS AND FISH PRESERVATION ORDINANCE."

Permission in hereby granted to to collect any animals (except elephanta) or birds in District from the. day of , 19 , to the day of , l o .

Dated the day of , 19 . Fee paid.

No.

"THE WILD ANIMALS, BIRD8 ' AND FISH PRESERVATION ORDINANCE."

~ e n n h i o n ia bereb J granted to to colleot any animal8 (except elephanta) or birds in District from the day of , 19 , to the dal of , 1 9 , .

Datedthe dayof , 1 8 ,

Fee paid.

3. APPOINTMENT OF A RESERVE.

(23rd May, 1907,)

The followin traot of land is appointed a reserve, within whioh f I'

it shall not be awful to hunt, capture or kill any animal or bird il whatsoever ; that is to say :-

A31 that traot of land whioh lies within the bounddea 4

formed by the Gwato Creek, the Benin River, and the Davey or Ologi Creek on the west, south and east res ectively, and the road between qilli-Wli and Kolo-Kolo on t k' e north.

' I

It shall not be lawful to hunt oap& or kill any Ele bbnt on any day of the year falling k e e n the 1st June an the 30th November, both jholusive.

B

1048 PERAK GOVERNMENT GAZETTE [DEC. 20

No. 18 OF 1902.

building, ship, vessel or other place, then such Magistmto m y by warrant under his hand and the seal of the Court directed to any o h Officer, cause such house, building, shi , vessel or other place to be entered m d swcbed at any hour of Ly or night.

e information mentioned in the preceding sub-section shall deBo("& E pmprty nbich it is mlonabb slu eoted been StQhJl or fraudulent1 obtained and shall also describe %e house, building, @hip, r e d or oder plsm in which such property is suspwted to be.

(iii). If n on the making of the search any property such as th~t & described in e infopnation shall be found in the house, building, ehip, vessel or other he , ' then the Police Oficer making the searoh or some other Police 0&cer shall convey such pro rty before a Magistrafe or guaxd +e m e on the spot or otherwise pose thereof in some p h of safety. .

(iv). The Police Officer making the eearoh or some other Police Officer s h d 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 " Criminal Procedure Code, 1900," shall apply to searches made under this section.

FEDERATED MALAY STATES.

STATE OF PERAK.

An Enactment to:iprovide for the protection of wild Animals and Birds.

[22nd November, 1902.1

J, P. BODGER, c.M.u., British Resident.

T IS HEREBY enacted by His Highness the Bultan in Council as I f0llowe:-

Bhort title 1. Thie Enmtment may be cited as "The Animals and Birds andoom- Protection Enactment, 1902," and shall come into force three months mncement. after the publication thereof in the Uaraette. /

Interprets. 2, I n this Enactment unless the contest otherwise requires :- tion.

"Big game" means any animal mentioned in the First Schedule;

"Deer" includes all kinds of deer and antelope;

"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, wound, snare, net, or take by means of any contrivance,

DEC. 20) PERAK GOVERNMENT GAZETTE 1049 ---- -- - - -,

ANIMALS AND BIRDS PROTIUTION.

3. I t shall not be lawful for any person :- Offenoes.

(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; rovided that no l i m w shall be required in the case of His Highness t%e 8ultan, the High Coxnmiasioner, the Resident - General, or the Resident ;

(c). To procure or instigate any other person not duly lice~wed in that behalf to shoot any big game or wild bird ;

(d). To expose or offer for sale or have in his osseamon alive or dead any big game, deer or bird or any part thereof mf ess the same shall have been lawfully taken, as to which the burden of proof shall be upon such person ;

(e). To shoot my deer within the months of May, June, July and August, or to shoot my bird of a 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 on1 be issued Resident may b the Resident and shall be sub.tantiaUy in the form of the $o&h and ieeneli-a

Schedules, respectively, and i t shall be h u h e absolute discretion of the Resident to grant or refuse such licenmrs ; no fee s U be. payable in respect of any such licence.

(ii). No such licence shall authorise any person to shoot any f e d e elephant.

6. (i). Every licence, unless it be otherwise expressly stated therein, Licence shall be valid throughout the State. where valid.

(ii). In no case shall a licence be transfemble. 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, gem0 or M a whichever is the earlier dab, furnish the Resident with a return shewing shot.

the number and description of big game or of wild birds shot under his licence.

(ii). In the case of big game such return shall shew the date on which and the place at which each head of big p m e was shot.

7. The Resident ma from time to time, with the approval of the Reddent Resident-General, by not' d &ion in the Oazette, add to or remove from the may rary First Schedule the name of any kind of animal, or add to or remove from 80hednle~. the Second and Third Schedules, respectiveiy, the name of any kind of bird, and maj similarly vary the forms contained in the Fourth and Fifth Schedules or substitute other forms therefor.

8. (i). I t shall not be lawful for any person to set, place or prepare, Betting or cause to be set, placed or pre ared, any s ring gun or engine, sharpened ~ ~ r i n u guns, stakes, pit-fall furnished wit! sbarpene! stales, or other mntnvance Otc

likely to endanger human life or infliot grievous bodily harm.

(ii). Nothing in Sub-seetion (i) shall make it unlawful to set or place .a spring gun or other contrivance for the urpose of destroying a tiger, % bear, leopard, panther or pig; provided t at permission to do so shall

PERAK GOVERNMENT GAZETTE l ~ ~ c . 2 ~ u - -

No. 20 OF 1902.

have. been first obtained from the District Officer, tha Ssnior Police Officer of the District or the penghulu or other chief district headman.

(iii). Nothing in.thia section shall be held to relieve any person from any civil or crimylal liability which would haye attwhed to him if this Enhctment had. pot been passed, provided that no perHon sball be punished twice for the same offence.

0, (i). Notwith~tmding r ~ n y of the foreg~ing proviaiops it shall be lawful for any person :-

(a). Ia'defqnce of himself or of some other ppzson, or in defence of the property of himself oq of soma other person, to shoot iwy wimd;

I (b . If he is the lawful, occupier of any culthated land, toisl~oot any ? anima or b+d found actually dmaging or destroying the crops growing thqreon, 1

lo. The Residest ma at ,any time, by order under hig hand, cancel' any licence issued under t g is Enactment, and any person in possession of suah licence shall thereupon be. legally bound, to surrender the same upon denland made by any GCovemnent aervant duly autharised in that behalf.

11. Any Police Officer, Penghulu or Forest Officer may arrest without warrant any person found'offending against this Enactment whose name or place of abode is unknown to him or cannot be readily ascertained by him, m d evcb aqepder rwly be d~biasd a4 a pglj* atation until his name and place of abode can be ascertained or may be forthwith conveyed her fore a Magistrate to be dealt with according to law.

la, His Highness the Sultan in Council, ma from, time to~tim& by,,, d laotification in the Gasette, create reserves of spec' ed areas of land for the preservation of animals and birds,, and no person shall, without the written ermission of His said Highness, shoot any animal or bird within any suc E reserve.

18. (i). Any prson who commits any of the following offences ahall be liable, on conviotion before a Magistrate, td rt fine not exceeding the amount prescribed for each such offence :-

(a). Shoota any female elephant, $600.;

(b). Shoots any big game without a licence or otherwise than in amordance witb, any 1 licenae ierrued% to him on abets any such off e m , $600 ;

(0). Shoots any wild bird without a licanoe or othqrwisg thkn in ace~rdawe with any licewe issued to him ~r abets any such offence, $5 in re@@& of ,every wild- bird so shot ;

(d). Exposes, offers for salelor hm in his possession, alive or dead, any big game, deer or bird or any part thereof, unless the same shall have been lawfully taken; $50 ;

(6 ) . Shoots any deer duridg the.monOha of. May, June, July and August, $100 ;

(f). Shoots any bird of a kind, mwtioned in the.Se~ond Schedule during the month .of Febnuiwyd lNarch,.Aprkl and May, $5 in respect .of - every such bird so shot:;

%

n ~ c . 201 PERAK GOVERNMENT GAZETTE 1051

(g) . .Makes or accepts the tranifer af a licence, $50 ; (h). Fails to duly furnish any return required by Section 6, $50 ; (i). Contravenes the provisions of Section 8, $260 ;

( j ) . Fails to surrender a cancelled licence on de'mmd, $25 ; '

(12). Shoots without the written permission, of His =ghness the Sultan in a reserve created under Section 12, $,500.

(ii). I n every case where an animal or bird is unlawfully shot or taken, the heed, carcase, feet, skin, tusks, horns of such animal, or the plumage of such bird, shall be liable to3.forfeiture by order of a Magistrate.

(iii). If any person, beihg bound by the provisions of 't8i.s Enadmeat 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 ie &ward to had may direct that any sum not exceeding one half of any fine actually informem. recovered shall be paid to the informer.

16. On fjhe commencement of this .EnBctment ,the Enauctment speci- rt,pe,l. fied in the Sixth Schedule shall be repealed to thc extent therein mentioned.

THE FIBST. SCHEDULE.

Elephant . ,. ... ... aajah , .

Bison.. . s.4 ... ... Selaclang or Sapi . , Rliinoceros ... ... ... Badak Tapir ... ... ... ... Tenok

.- I

THE SECOND SCHEDULE..

... Pea-Fowl ... ... Meak Argus pheasant ... ... Kumg raya (or kumg bulan) Peacock ,, , . ... ... ,, chermin (or merak pongsu) F i b w k ,, I . ... .., Pegar

... Ruf us-tailed fireback ... Kuang bertam (or merah mata) Junglefowl ... ... ... Denak (or borga or ay am utan) Long-billed partridge .'. . ... Sulanting Black partridge ... ... Burotlg beham (or burong sang-serok) Quail ... ........... Puy& ... .Small blue-breasted quail Pikau Burnished qwil . . . . , . . . or puyoh padang

... Crestad wood quail ... 8iol Water -rail (large) . . . Ayam-ayem .. (small) . . . . . . Sintar

1052 PERAK GOVERNMENT GAZETTE b c . 20

No. 20 OF 1902.

Whistling ,teal ... ... ,.. Belibis Goose teal (cotton teal) ... Itek ayer White-winged wood duck . . . . . angsa

... ... Grey imperial pigeon Pergam ... Coppery imperial pigeon ,, bukit

Pied imperial pigeon(aea pigeon) Burong rawa h r g e fhial-billed green pigeon Berkok (or lei~gguak) Orange-breasted I # Punrti daun Little green pigeon ... ... ,, siol Pink-headed green pigeon ... ,, gadink (or punai jambu) Bronze-winged dove ... . . . . . tanah (or lembok or dekut)

1 Ringdove ... ... ... Tekukor or balam , (buff coloured) ... Balam Jawa

... Small dove ' . . . ... Ketitir or merbo Nina ...... ... ... Tiong ... ... ... , Thrush ... Barau-barau Green pmot ... ... ... Bayan Long-tailed parrot ... ... Tanau ...... Parroquet .., Serendit

-- THE THIRD SCHEDULE.

Kite . . . . ... Lang bumbun . . ... . . . . . . . . . . . . . . . . ,I tambikar ... ...... ,# . . . , , / aewah or r a ~ a wali

Hawk . . . . . . ... ... Sikap balam ... ... ... s t

Crow .... ... ... Sparrow (white-headed)

... .. (black) ,, (black-headed) ,, (larger species)

All migratory birds

... Gagak ... Pipit uban tuli or perit . . . . .

. . . pinang

THE FOURTH SCHEDULE.'

STATE OF PERAK.

" The Animals a d Birds Pcotection Jnactment, 1902."

BIG GAME LIQENCE,

(Not trmeferab2e.)

Permission is hereby granted to of \

Dee. 203 PERAK a GOVERNMENT .GAZETTE 1093, s .

*

ANIMALS AND BIRDS PROTECTION.

to kill such animal8 as are hereunder specified between the dllte of this licence and 31st ~ e c ~ m b e r , 190 .

Species

Number

Sex

Other restrictions

Dated this day of 190 .

Brz'tieh Hesidertt, Licence No. --- -

THE FIFTH SCHEDULE.

STATE OF ,PERAK.

" he Animals and Birds Protection Emctment, 1902."

(Not trmefarable.)

Permission is hereby granted to of 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 I

Dated this day of 190 . b

; Britieh Reeidettt. Licence NO.

THE SIXTH SCHEDULE,

ENACTMENT REPEALED.

Number.

Order in CounciI No. 11 of 1889 . .

-- Short Title. Extent of Repeal.

Protection of Wild Birds of Bright Plumage . . . The whole.

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