The Madhya Bharat Game Act, 1952 Act No. 10 of 1952 PREAMBLE,- An Act to provide for the Control of the shooting, netting, trapping or killing of game in Madhya Bharat. Be it enacted as follows,-

1. Short title, extent and application.-

(1) This Act may be called "The Madhya Bharat Game Act, Samvat 2009". (2) It shall come into force immediately on its publication in the Government Gazette. (3) It shall extend to such local areas as the Government may, from time to time by notification, direct, and, when so extended, shall apply to the birds and animals in such areas, when in their wild state, which are specified in the Schedule. The Government shall be empowered to exempt any of the areas notified in the aforesaid manner, from the operation of this Act. Provided that after the enforcement of this Act, section 10 of this Act shall apply to whole of Madhya Bharat. (4) The Government may, by notification in the Government Gazette, add to or exclude from the Schedule any bird or animal subject to such conditions as it may impose in each case.

2. Definitions.-

In this Act, unless there is anything repugnant in the subject or context,- (1) "prescribed" means prescribed by rules under this Act; (2) "Government" means the Government of Madhya Bharat;

3. Prohibition to shoot or kill without license.-

(1) Except as hereinafter provided, it shall be unlawful for any person to shoot at or kill or to attempt to shoot at or kill a bird or animal to which this Act applies or to use or to attempt to use a net, trap or other instrument for the purpose of capturing such bird or animal without a license under subsection (1) of section 4. Penalty for shooting or killing or capturing without license:- (2) Whoever does or attempts to do any act in contravention of subsection (1), or, being the holder of a license under this Act, com nits a breach of any condition thereof, shall be punishable with fine which may extend to one hundred rupees.

4. Grant of licenses for shooting, killing or capturing.-

(1) The District Magistrate may, on application of any person, grant to such person a license for the period of one year at a time, authoring him by name to shoot at or kill any bird or animal to which this Act applies, or to use a net, trap or other instrument for the purpose of capturing such bird or animal and subject to such conditions as may be prescribed. Provided that the District Magistrate shall not refuse such license to any person holding a license under the Indian Arms Act, 1878. (2) A license shall become void at the expiration of the said period, but may, on application of the licensee, be renewed by the District Magistrate for a like period. (3) A license may be cancelled by the District Magistrate upon the conviction of the licensee for an offence against this Act, and no person, who has been convicted for such offence more than twice, shall be eligible for the grant or the renewal of a license without the previous sanction of the Government. (4) Possession of a license under the Indian Arms Act (XI of 1878) or of a shooting permit shall not confer a right on the holder thereof to shoot at or kill a bird or animal to which this Act applies. (5) A temporary license for a period of thirty days may be granted under subsection (1). (6) The fee for license granted for one year under this section for small game, shall not exceed ten rupees, and for big game and small game twenty rupees. The fee for a temporary license for small game shall not exceed five rupees and for big game and small game ten rupees.

5. Award of portion of fine to person giving information leading to conviction.-

Where on conviction for any offence under this Act, a fine has been imposed, the Court may award any portion not exceeding half the amount of the fine recovered as a reward to any person, other than a Government servant, who gave information leading to the conviction.

6. Confiscation of bird or animal or flesh or any part thereof.-

(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 punishment provided by subsection (3) of Section 3 for such offence.

7. Magistrate empowered to try offences.-

No Court inferior to that of a Magistrate of the second class, shall try any offence against this Act.

8. Restrictions on Courts to take cognizance of offences.-

(1) No Court shall take cognizance of any offence against this Act except on the complaint of a police officer, not below the rank of Sub-Inspector, or any other person or class of persons authorised by the Government in this behalf. (2) No Court shall take cognizance of any offence against this Act unless the prosecution is instituted within three months from the date on which the offence is alleged to have been committed.

9. Persons exempted from operation of Act.-

The President of India, Raj-pramukhs and Governors of States in India, shall be exempted from the operation of this Act, and the Government may, by notification, exempt any person or class of persons from the operation of this Act, either generally or for any specified period, occasion or area subject to such conditions as may be imposed.

10. Shooting or killing permitted in certain areas.-

Notwithstanding anything contained in this or any enactment for the time being in force, any person shall have a right to shoot at or kill or to pursue and shoot at or kill any animal in wild state, found upon or in the vicinity of cultivated or grazing lands, for the purpose of protecting his agricultural crops or livestock or in defence of person or property. Provided that the pursuit will not exceed a distance of two miles from the boundary of reserved or protected forest, if any, through which the animal enters that forest. Provided further that a person having this right may exercise it through any person specially engaged by him in this behalf. Explanation:- The expression "shoot at or kill" in this Section, will include "attempt to shoot at or kill".

11. Seizure of net, trap or other instrument.-

The Government may authorise any police officer, not below the rank of Sub-Inspector, or any person or class of persons to seize a net, trap or such other instrument which he has reason to believe has been used for the commission of an offence against this Act.

12. Powers to make rules.-

(1) The Government may make rules consistent with this Act for the purpose of carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, Government may make rules,- (a) prescribing the particulars to be contained in application for licenses; (b) prescribing the conditions subject to which licenses may be granted and the forms of licenses; (c) prescribing the fees payable for licenses, and the cases in which a license may be granted without the payment of any fee; and (d) regulating the disposal of property confiscated under Section 6 or seized under Section 12.

13. Repeal.-

As soon as this Act comes into force, all laws and other provisions having the force of law, relating to game, in force in any part of Madhya Bharat, shall stand repealed. Provided that all acts done, orders given or punishments awarded under them, shall be deemed to have been done, given or awarded, as the case may be, under this Act.

THE SCHEDULE

S. no. English name Big game or small game
PART A - LIST OF BIRDS
1 The grey­leg goose Small game
2 The bar­headed goose Small game
3 The ruddy sheldrake or Brahminy duck Small game
4 The pink­headed duck Small game
5 The gadwall Small game
6 The common teal Small game
7 The pintail Small game
8 The garganey or blue­winged teal Small game
9 The shoveller Small game
10 The red­rested pochard Small game
11 The pochard Small game
12 The white­eyed pochard Small game
13 The comb­duck Small game
14 The cotton teal Small game
15 The whistling teal Small game
16 The large whistling teal Small game
17 The mallard Small game
18 The Indian spot bill Small game
19 The pigeon Small game
20 The green pigeon Small game
21 The blue rock­pigeon Small game
22 The imperial pigeon Small game
23 The painted sand grouse Small game
24 The common Indian sand grouse Small game
25 The grey jungle fowl Small game
26 The red jungle fowl Small game
27 The red spur fowl Small game
28 The painted spur fowl Small game
29 The jungle buch quail Small game
30 The grey partridge Small game
31 The painted partridge Small game
32 The common or grey quail Small game
33 The rain quail Small game
34 The little button quail Small game
35 The demoiselle crane Small game
36 The bustard Small game
37 The lik­florican Small game
38 The common snipe Small game
39 The pintail snipe Small game
40 The jack snipe Small game
41 The painted snipe Small game
PART B - LIST OF ANIMALS
1 Tiger Big game
2 Leopard Big game
3 Hunting leopard Big game
4 Sloth bear Big game
5 Common Indian hare Big game
6 Simcox's hare Big game
7 Bison Big game
8 Wild buffalo Big game
9 Blue bull Big game
10 Four­horned antelope Big game
11 Black buck Big game
12 Indian gazelle Big game
13 Barking deer Big game
14 Swamp deer Big game
15 Sambhar Big game
16 Chital or spotted deer Big game