270 DIARY OF A SPORTSMAN NATURALIST 



3. Close time. — The Local Government may, by notification 

 in the local Gazette, declare the whole year or any part thereof 

 to be a close time throughout the whole or any part of its terri- 

 tories for 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 commence- 

 ment 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 cap- 

 tured or killed during such close time, to sell or buy, or to offer 

 to sell or buy, or to possess, such plumage. 



Penalties. — 4. (i) 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. 



Confiscation. — 5, (i) 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 punish- 

 ment provided by Section 4 for such offence. 



Cognizance of offences. — 6. No Court inferior to that of a 

 Presidency Magistrate or a Magistrate of the second class shall 

 try any offence against this Act. 



Power to grant exemption. — 7. Where the Local Government 

 is of opinion that, in the interests of scientific research, such a 

 course is desirable, it may grant to any person a licence, 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. 



Savings. — 8. 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. 



Repeal oj Act of 1887. — 9. The Wild Birds Protection Act, 

 1887, is hereby repealed. 



