The Nilgiris Game and Fish Preservation Act, 1879

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Nilgiris Game and Fish Preservation Act, 1879 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 l o r d 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 o w e 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 o j e 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 ~ l o s e ~ ~ ~ o n . 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 ( $ a n d 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 m y offence against section 3, 4 or 6 of this Act shooting, &c., shall be liable for a first offence to s penalty not ~ ~ n O ~ $ f o r exoeeding rupees fifty and to the forfeiture to breach of hvenunent, a t the discretion of the Magistrate, hhingrulea. if the game; birds or fishes taken, and of d l 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 W t a "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 ~ c t . 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 h e 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 a t Attipedi in the valley of fhe 88 ne name. 1 See now Central Act 2 of 1974.