1. Short title and extent. (1) This Act may be called the Wild Birds and Animals Protection
Act, 1912; and 2[(2) It extends to the whole of India except 3[the territories which,
immediately before the 1st November, 1956, were comprised in Part B States].]
2. Application of Act. (1) This Act applies, in the first instance, to the birds and animals
specified in the Schedule, when in their wild state. (2) The State Government may, by
notification in the Official Gazette, apply the provisions of this Act to any kind of wild bird or
animal, other than those specified in the Schedule, which, in its opinion, it is desirable to
protect or preserve.
3. Close time. The State Government may, by notification in the Official Gazette, declare the
whole year or any part thereof to be a close time throughout the whole or any part of its
territories for --------------------------------------------------------------------- 1.The Act has been
amended in its application to West Bengal by the Bengal Rhinoceros Preservation Act, 1932
(Ben.8 of 1932); the U.P. by the Wild Birds and Animals Protection (U. P. Amendment) Act,
1934 (U. P. 13 of 1934), and in its application to the C. P. by the Wild Birds and Animals
Protection (C. P. Amendment) Act, 1935 (C. P. 27 of 1935); Ajmer by the Wild Birds and
Animals Protection (Ajmer Amendment) Act, 1954 (Ajmer 4 of 1954). The Act has been
extended to- the whole of Madhya Pradesh by M. P. Act 23 of 1958 ; and the whole of the
Union Territory of Lakshadweep by Reg. 8 of 1965, S. 3 and Sch. (w.e.f. 1-10-1967). The Act
has been extended to and brought into force in- Dadra and Nagar Haveli by Reg. 6 of 1963, s.
2 and Sch. I (w.e.f. 1-7-1965); and Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I. The Act
has been repealed in its application to- the Bellary District by Mysore Act 14 of 1955 ; and
the State of West Bengal by W. B. Act 25 of 1959. 2 Subs. by the A. O. 1950, for the former
sub-section. 3 Subs. by the Adaptation of Laws (No. 2) Order, 1956 for "Part B States". -------
--------------------------------------------------------------- 30 any kind of wild bird or animal to
which this Act applies, or for female or immature wild birds or animals of such kind; and,
subject to the provisions hereinafter contained, during such close time, and within the areas
specified in such notification, it shall be unlawful- (a) to capture any such bird or animal, or to
kill any such bird or animal which has not been captured before the commencement of such
close time; (b) to sell or buy, or offer to sell or buy, or to possess, any such bird or animal
which has not been captured or killed before the commencement of such close time, or the
flesh thereof; (c) if any plumage has been taken from any such bird captured or killed during
such close time, to sell or buy, or to offer to sell or buy, or to possess, such plumage.
4.Penalties. (1) Whoever does, or attempts to do, any act in contravention of section 3, shall
be punishable with fine which may extend to fifty rupees. (2) Whoever, having already been
convicted of an offence under this section, is again convicted thereunder shall, on every
subsequent conviction, be punishable with imprisonment for a term which may extend to one
month, or with fine which may extend to one hundred rupees, or with both.
5. Confiscation.(1) When any person is convicted of an offence punishable under this Act, the
convicting Magistrate may direct that any bird or animal in respect of which such offence has
been committed, or the flesh or any other part of such bird or animal, shall be confiscated. (2)
Such confiscation may be in addition to the other Punishment provided by section 4 for such
offence.
6. Cognizance of offences. No Court inferior to that of a Presidency Magistrate or a
Magistrate of the second class shall try any offence against this Act.
7. Power to grant exemption. Where the State Government is of opinion that, in the interests
of scientific research, such a course is 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 3 declared to be unlawful. 30A
8. Savings. 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 bird or animal in bona fide defence of property.
9. [Repeal.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), s. 3 and
Sch. II.