79

ACT XIV OF 2014 ACT XIV OF 2014 BALOCHISTAN WILDLIFE (PROTECTION, PRESERVATION, CONSERVATION AND MANAGEMENT) ACT, 2014 An Act to provide protection, preservation, conservation, sustainable and management to the Wildlife, and establishment and management of protection areas in the Province of Balochistan. [Gazette of Balochistan, Extraordinary, 28th March, 2014] CHAPTER XI POWERS OF THE GOVERNMENT AND OFFICERS 79. Wildlife Force.---(1) The entire forest and wildlife establishment under Government, excluding ministerial staff, for the purpose of this Act, shall be deemed to be a Wildlife Force and shall be constituted in the prescribed manner. (2) Members of the Wildlife Force shall wear such uniform as may be prescribed. (3) The Wildlife Force shall be equipped with such arms and ammunition, vehicles, vessels, tools, equipment and communication system as may be deemed appropriate and necessary by Government. (4) The Forest and Wildlife Officer may use such force as may be reasonable in the circumstances to arrest the offender, seize the case property, recover the produce, detain or take into custody any Wildlife offender or case property or prevent the escape of any person concerned or likely to be concerned in a Wildlife offence or prevent the removal of any timber or forest produce in respect of which any such offence has occurred or is likely to occur. (5) Provided that where it becomes necessary to stop for checking, searching and apprehending any mechanically propelled vehicle, boat, launch, railway wagon, pack animal, cart and carriage or any kind of conveyance, the Forest and Wildlife Officer may use or cause to be used all force and means for stopping, checking, searching and apprehending it, or preventing its escape, but shall open fire only when it becomes absolutely necessary in self defense or on the specific order of a Forest and Wildlife Officer not below the rank of a Range Forest and Wildlife Officer/Sub-Divisional Officer, Wildlife if opening of fire in his opinion was necessary for the stoppage of a vehicle/conveyance or apprehension of the offender. (6) The Forest and Wildlife Officer may enter any premises, enclosure, or any building, to make a search and seizure of wild animal; kept illegally, living or dead or any part thereof and arrest offender, or break open the lock of any door, fixture or conveyance for purpose of search and seizure of wild animal living or dead or every part thereof or case property or arrest of offender. (7) The Forest and Wildlife Officer shall have the powers to hold enquiry or investigation into wildlife offence and in the course of such enquiry or investigation, to receive and record statements. (8) The Forest and Wildlife Officer shall have the power of Civil Court to compel the attendance of witnesses and production of documents and material objects for purpose of enquiry and investigation. (9) The Forest and Wildlife Officer not below the rank of Range Forest Officer or Sub-Divisional Officer Wildlife shall hold investigation of Wildlife offences as per Criminal Procedure Code 1898 and submit challan to the competent court of jurisdiction through the concerned District Forest and Wildlife Officer. (10) The Investigating Officer shall be given all lawful facilities by the concerned Police Station House Officer/Levies Thana in charge of a particular jurisdiction to investigate the case according to laid down procedure of law. (11) The Forest and Wildlife Officer having the power of a Magistrate first Class or a Forest Magistrate shall issue a search warrant under the Code of Criminal Procedure, 1898, where deemed necessary. (12) Any evidence recorded under subsection (4) shall be admissible in any subsequent trial before a Court to the same extent as evidence recorded by the police officer during investigation: provided that it has been taken in the presence of the accused person. (13) A Forest and Wildlife Officer/official is as good a witness as anyone from public until and unless evidence is brought on record to disbelieve him or his ulterior motive is proved. (14) No suit, prosecution or other legal proceedings shall be instituted except with the previous sanction in writing of Government, against any Forest and Wildlife Officer in respect of anything done or purported to be done in exercise of the powers conferred by subsection (4) or subsection (5) above.