FIFTH SCHEDULE
Fifth Schedule
Act: Balochistan Wildlife (Protection Preservation Conservation and Management) Act 2014
Section Provisions
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] SCHEDULE V PENALTIES AND PUNISHMENT FOR OFFENCES UNDER THE ACT Sr. No. OFFENCE PENALTY MINIMUM MAXIMUM 1. Offence under section 16 of the Act; (a) unlawful hunting by means of restricted weapons or appliances; Fine of Rs. 2,000/- or one week imprisonment or both; plus value of animal or two weeks imprisonment in lieu thereof. Fine of Rs. 5,000/- or two weeks imprisonment or both; plus value of wild animal or one month imprisonment in lieu thereof. (b) unlawful hunting of any protected animal; and Fine of Rs. 20,000/- or five weeks imprisonment or both; plus value of wild animal. Rs. 50,000/- fine or three months imprisonment or both; plus value of wild animal. (c) unlawful hunting of game animals; (a) small game animals; and Fine of Rs. 5,000/- or ten days imprison-ment or both; plus value of wild animal. Fine of Rs. 10,000/- or three weeks imprisonment or both; plus value of wild animal. (b) big game animals. Fine of Rs. 5,000/- or ten days imprison-ment or both; plus value of wild animal. Fine of Rs. 10,000/- or three week imprisonment or both; plus value of wild animal. 2. Offence under section 18 of the Act; unlawful hunting by means of hawks or dog. Fine of Rs. 5,000/- or ten days imprison-ment or both; plus value of wild animal. Fine of Rs. 10,000/- or three weeks imprisonment or both; plus value of wild animal. 3. Offence under sections 19, 20, 21, 22, 23 and 24 of the Act; (a) Birds; (i) Partridges and Sand grouse; Fine of Rs. 1000/- or four days imprison-ment or both; plus value of wild animal or four days imprisonment in lieu thereof. Fine of Rs. 2,000/- or four days imprisonment or both; plus value of wild animal or four days imprisonment in lieu thereof. (ii) Quails; Fine of Rs. 300/- or one day's imprisonment or both; plus value of wild animal. Fine of Rs. 500/- or one day imprison-ment or both; plus value of wild animal. (iii) Demoiselle/ Common Crane; Fine of Rs. 10,000/- or three weeks imprisonment or both; plus value of wild animal. Fine of Rs. 20,000/- or six weeks imprisonment or both; plus value of wild animal. (iv) Siberian crane; and Fine of Rs.15,000/- or one month imprisonment or both, plus value of wild animal. Fine of Rs.30,000/- or two months imprisonment or both; plus value of wild animal. (v) Houbara bustard. Fine of Rs.10,000/- or three weeks imprisonment or both; plus value of wild animal. Fine of Rs.20,000/- or six weeks imprisonment or both; plus value of wild animal. (vi) Falcon; a. Saker and Peregrine; and Fine of Rs. 50,000/- or three months imprisonment or both; plus value of wild animal. Fine of Rs. 100,000/- or six months imprisonment or both; plus value of wild animal. b. other species; Fine of Rs. 10,000/- or three weeks imprisonment or both; plus value of wild animal. Fine of Rs. 20,000/- or six weeks imprisonment or both; plus value of wild animal. (vii) other birds. Fine of Rs. 1,000/- or two days imprisonment or both; plus value of wild animal. Fine of Rs. 2,000/- or one week imprisonment or both; plus value of wild animal. (b) Mammals (Live or dead); (i) Markhor; Fine of Rs. 30,000/- or two months imprisonment or both; plus value of wild animal. Fine of Rs. 45,000/- or three months imprisonment or both; plus value of wild animal. (ii) Ibex, Urial and Chinkara; Rs. 10,000/- fine or three weeks imprisonment or both; plus value of wild animal. Fine of Rs. 20,000/- or six weeks imprisonment or both; plus value of wild animal. (iii) Hyena and Wolf; Fine of Rs. 10,000/- or three weeks imprisonment or both; plus value of wild animal. Fine of Rs. 20,000/- or six weeks imprisonment or both; plus value of wild animal. (iv) Black bear; Fine of Rs. 30,000/- or two months imprisonment or both; plus value of wild animal. Fine of Rs. 45,000/- or three months imprisonment or both; plus value of wild animal. (v) Common leopard; Fine of Rs. 30,000/- or two months imprisonment or both; plus value of wild animal. Fine of Rs. 45,000/- or three months imprisonment or both; plus value of wild animal. (vi) other carnivores such as wild cat, jackal, fox, etc; and Fine of Rs. 5,000/- or ten days imprison-ment or both; plus value of wild animal. Fine of Rs. 10,000/- or two weeks imprisonment or both; plus value of wild animal. (vii) other mammals ; Fine of Rs. 2,000/- or four days imprisonment or both; plus value of wild animal. Fine of Rs. 5,000/- or ten days imprison-ment or both; plus value of wild animal. (c) Reptile; (i) a. Marsh crocodile; b. Python; c. Monitor lizard; d. Green Turtle; and e. Olive ridley Turtle; and Fine of Rs. 5,000/- or ten days imprison-ment or both; plus value of wild animal. Fine of Rs. 10,000/- or three weeks imprisonment or both; plus value of wild animal. (ii) other species; Fine of Rs 1,000/- or two days imprison-ment or both; plus value of wild animal. Fine of Rs. 2,000/- or four days imprisonment or both; plus value of wild animal. (d) Other animals (indigenous or exotic); and Fine of Rs. 1,000/- or two days imprisonment or both; plus value of wild animal. Fine of Rs. 2,000/- or four days imprisonment or both; plus value of wild animal. (e) Taxidermy of wild animals against the provision of section 23 of the Act. Fine of Rs. 25,000/- or six weeks imprisonment or both; plus value of wild animal. Fine of Rs. 50,000/- or three months imprisonment or both; plus value of wild animal. 4. Offences under sections 26, 27, 28, 29, 30, 31, 32 and 33 of the Act; (a) Birds other than falcons; Fine of Rs. 10,000/- or three weeks imprisonment or both; plus value of wild animal. Fine of Rs. 20,000/- or six weeks imprisonment or both; plus value of wild animal. (b) Falcons; (i) Saker and peregrine, and Fine of Rs. 20,000/- or six week imprisonment or both; plus value of wild animal. Fine of Rs. 50,000/- or three months imprisonment or both; plus value of wild animal. (ii) Other species of falcons; Fine of Rs. 10,000/- or three weeks imprisonment or both; plus value of wild animal. Fine of Rs. 30,000/- or two months imprisonment or both; plus value of wild animal. (c) other species of Game animals; and Rs. 5,000/- fine or ten days imprison-ment or both; plus value of wild animal. Fine of Rs. 15,000/- or one month imprisonment or both; plus value of wild animal. (d) Protected animals. Fine of Rs. 20,000/- or six weeks imprisonment or both; plus value of wild animal. Fine of Rs. 50,000/- or three months imprisonment or both; plus value of wild animal. 5. Offences under section 34 of the Act (Protected Areas); (a) Contravention of clauses (i), (iv), (v), (vii), (viii), (ix) and (x) of subsection (8) of the aforesaid section; Fine of Rs. 15,000/- or one month imprisonment or both. Fine of Rs. 30,000/- or two months imprisonment or both. (b) Contravention of clauses (ii) and (xvi) of subsection (8) of the aforesaid section; and Rs. 10,000/- fine or three weeks imprison-ment or both. Rs. 20,000/- fine or six weeks imprison-ment or both. (c) Contravention of clauses (xi), (xii), (xiii) and (xv) of sub-section (8) of the aforesaid section. Fine of Rs. 5,000/- or ten days imprison-ment or both. Fine of Rs. 10,000/- or three weeks imprisonment or both. 6. Offence under section 35 of the Act (National Park); (a) Any contravention of sub- sections (4) and (5) of the aforesaid section; Fine of Rs. 10,000 or three weeks imprisonment or both Fine of Rs. 20,000 or six weeks imprisonment or both. (b) Contravention of clauses (i) of subsection (7) of the aforesaid section; Fine of Rs. 30,000/- or two month imprisonment or both. Fine of Rs. 60,000/- or four months imprisonment or both. (c) Contravention of clauses (ii), (iv) and (v) of subsection (7) of the aforesaid section; Fine of Rs. 20,000/- or five weeks imprisonment or both. Fine of Rs. 40,000/- or three months imprisonment or both. (d) Contravention of clause (iii) of subsection (7) of the aforesaid section; Fine of Rs. 15,000/- or one month imprisonment or both. Fine of Rs. 30,000/- or two months imprisonment or both. (e) Contravention of clauses (vi), (viii) and (ix) of subsection (7) of the aforesaid section; and Fine of Rs. 10,000/- or three weeks imprisonment or both. Fine of Rs. 20,000/- or six weeks imprisonment or both. (f) Contravention of clauses (vii) and (x) of subsection (7) of the aforesaid section. Fine of Rs. 5,000/- or ten days imprison-ment or both. Fine of Rs. 10,000/- or three weeks imprisonment or both. 7. Offences under section 36 of the Act (Wildlife Sanctuary); (a) Contravention of subsections (1) of the aforesaid section; and Fine of Rs. 10,000/- or three weeks imprisonment or both. Fine of Rs. 20,000/- or six weeks imprisonment or both. (b) Contravention of subsection (2) of the aforesaid section. Fine of Rs. 20,000/- or five weeks imprisonment or both. Fine of Rs. 40,000/- or three months imprisonment or both. 8. Offences under section 37 of the Act (Game Reserve); (a) Contravention of subsections (1), (2) and (3) of the aforesaid section; and Fine of Rs. 5,000/- or ten days imprison-ment or both. Fine of Rs. 10,000/- or three weeks imprisonment or both. (b) Contravention of subsections (1), (2) and (3) of the aforesaid section. Fine of Rs. 10,000/- or three weeks imprisonment or both. Fine of Rs. 20,000/- or six weeks imprisonment or both. 9. Offences under sections 38 and 39 of the Act (Private Game Reserve and Community Game Reserve); (a) Contravention of subsections (2), (5), (6), (7) and (8) of the aforesaid section; and Fine of Rs. 10,000/- or three weeks imprisonment or both. Fine of Rs. 20,000/- or six weeks imprisonment or both. (b) Contravention of subsections (2), (3) and (7) of the aforesaid section. Fine of Rs. 10,000/- or three weeks imprisonment or both. Fine of Rs. 20,000/- or six weeks imprisonment or both. 10. Offences under sections 40, 41, 42, 43, 44, 45, 46, 47 and 48 of the Act (Biosphere Reserve, National Natural Heritage Site, Forest Biodiversity Reserve, Site of Special Interest, Wildlife Refuge, Sacred Protected Site, Conservation area, Pre-emptive application of MEAs and Pre-emptive application of Act); Contravention of the aforesaid sections 40, 41, 42, 43, 44, 45, 46, 47 and 48. Fine of Rs. 5,000/- or ten days imprisonment or both. Fine of Rs. 10,000/- or three weeks imprisonment or both. 11. Offences under section 52 of the Act (Encroachment of Protected areas); Contravention of aforesaid section 52. Imprisonment not less than five years and fine which may extend up to Rs.1,000,000/-. Imprisonment up to ten years but not less than five years and fine which may extend up to Rs.1,000,000/-. 12. Offences under section 53, 54, 55 and 56 of the Act (Captive breeding, Captive breeding facilities, Wildlife Park and Aviary and Zoo/ Zoological garden ); (a) Captive breeding of wild animals; and establishing or maintaining a wildlife park or a zoo or a zoo like facility without registration as provided for under sections 53, 54, 55 and 56; and Fine of Rs. 10,000/- or imprisonment of three weeks or both for one animal. Fine of Rs. 20,000/- or imprisonment of six weeks or both for one animal. (b) Violation of the conditions, restrictions and procedures of a captive breeding facility, wildlife park or a zoo or a zoo like facility if registered as prohibited under sections 53, 54, 55 and 56. Fine of Rs. 10,000/- or imprisonment of three weeks or both for one animal. Fine of Rs. 20,000/- or imprisonment of six weeks or both for one animal. 13. Offences under sections 80, 84, and 85 of the Act (Interference in duty, duty to produce permit on demand and duty to held in detection and prosecution of offence); (a) Interference in duty as prohibited under section 80; Rs. 10,000/- fine or imprisonment of three weeks or both Fine of Rs. 20,000/- or imprisonment of six weeks or both (b) Not producing license or permit on demand as provided for under section 84; and Fine of Fine of Rs.3,000/-. Fine of Rs. 6,000/-. (c) Not helping in detection and prosecution of offence cases as provided for under section 85. Fine of Rs. 5,000/-. Fine of Rs. 10,000/-. Provided that the determination of the value of a wild animal shall be in accordance with section 94 of the Act; and the imprisonment for non-payment of fine or value of the wild animal shall be in accordance with section 95 of the Act.