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THE FOREST (HUNTING, SHOOTING,FISHING AND WATER POISONING) RULES, 1957

[1][THE FOREST (HUNTING, SHOOTING,FISHING AND WATER POISONING) RULES, 1957

PREAMBLE

In exercise of the powers conferred by by Secs. 26A, 32 and 76(d) of the Rajasthan Forest Act, 1953 (Act XIII of 1953), the Government of Rajasthan is pleased to make the following rules, viz:-

Rule - 1. Short title, extent and commencement.

(a) These rules shall be called the Forest (Hunting, Shooting, Fishing and Water poisoning) Rules, 1957.

(b) These rules shall apply to the Reserved and Protected Forests of the Pre-Reorganization State of Rajasthan.

Rule - 2. Acts prohibited.

The following acts are prohibited, viz.,?

(1) Poisoning, dynamiting rivers and their waters.

(2) Poisoning the carcasses of animals.

Subject to such conditions as may be imposed by the Divisional Forest Officer, and poisoning of carcasses of animals killed by a man-eating carnivore or by wild dogs, in order to destroy them will be permissible.

[2][(3) (a) Shooting of?

(i) any animal, at any time, from [3][or within fifty years of,] a wheeled vehicle,

(ii) any animal except carnivore, at any time, one hour after sun-set and one hour before sun-rise, or

(iii) any animal, except, carnivore, at any time, by an artificial light.]

(b) Shooting of carnivore after sun-set without suitable lighting arrangements.

(4) Searing of or running with dogs after animals.

(5) Watching in the neighborhood of water or salt lakes between sun-set and sun-rise in order to shoot an animal [4][XX] resorting to such places.

(6) Election of dams, weirs or fixing traps for diversion of streams for the purpose of catching or driving of fish

(7) Setting of snares and traps except with the written permission of the Divisional Forest Officer.

(8) Hunting or shooting of animals or fishing except.

(a) by a person holding a permit granted by the Divisional Forest Officer; in accordance with the conditions of such permit;

(b) by persons permitted under the orders of Government to hunt or shoot or fish without a permit;

(i) man-eating carnivore anywhere; or

(ii) habitual cattle killing carnivore doing damage near a habitation or cattle station;

[5][Provided that licence for the destruction of man-eaters and cattle lifting carnivore in the Game Sanctuaries notified as such by the State Government from time to time shall be issued only by the Chief Conservator of Forests in consultation with the Chairman of the State Board for the Preservation of Wild Life.

Provided further that in an emergency, the District Magistrate may issue a permit for the destruction of a declared man-eater or and a cattle lifting carnivore in a Game Sanctuary referred to above, but in that case the animal shall be destroyed by a person other than the District Magistrate issuing the licence and intimation of the issue of such a licence shall be sent immediately to the chief Conservator of Forests, and the Divisional Forest Officer concerned.]

[6][Provided also that the man-eating or cattle-lifting carnivore destroyed under a licence issued under the First Proviso, or a permit issued under the Second Proviso, shall be the property of the person who was authorised to destroy the carnivore].

(d) by a person authorised by the Divisional Forest Officer to destroy pests and vermin as defined from time to time by the Conservator of the Circle.

(9) Using of not of less than 11/2" mesh for catching fish in any river or stream or lake; or

(10) Netting during the spawning period of the fish.

Rule - 3. Sanctuaries.

The Chief Conservator of Forests, may with the previous sanction of the Government, and by a notification in the Gazette prescribe [7][XXX] sanctuaries wherein all hunting, shooting and netting shall be absolutely prohibited and such prohibition shall extend to all persons except those specially exempted by Government.

Rule - 4. Formation of Blocks.

The Chief Conservator of Forests shall divide the Reserved and Protected forests into different shooting blocks and fix the number of any species that may be shot in any one block and restrict shooting so as to prevent the number so fixed being exceeded. These restrictions shall apply to both permit holders and exempted persons but shall not apply to the Rulers of the Covenanting State of Rajasthan and their families in respect of the areas in which they have exclusive shooting rights.

Rule - 5. Permits.

Subject to rule 4 and to the general control of the Conservator of Forests, premises of the following descriptions may be granted by the Divisional Forest Officer for the area in the blocks in his charge, in the forms annexed to these rules, viz.?

(a) A permit Form 'A' allowing the permit holder to hunt or shoot any birds or animals and to fish with rod and line. The permit shall include all game birds, ground game and fish.

(b) A permit in Form 'B' allowing the holder to fish with rod and line.

(c) A permit in Form 'C' allowing the holder to shoot game birds and ground game in the area in which permit in Form 'A' is not in force. Ground game will include the following:?

Hares,

Porcupines,

Hedge-hogs, and

Vermin's of all kinds.

(d) A permit in Form 'D' undet Rule 7(c)

[8][Provided that the Chief Conservator of Forests may issue shooting permits for any shooting block and direct the Divisional Forest Officer not to issue permits in respect of that blocks.]

Rule - 6. A permit should be granted on the following conditions :

(i) Any person may obtain a permit under these rules either for himself or for his party, [9][X X X] but fee shall be paid for each member of the party:

[10][Provided that, before issuing such permit, the Divisional Forest Officer shall satisfy himself that the person applying for permit, or as the case may be, each person constituting his party, holds a suitable weapon for the shoot under proper and valid license.]

(ii) All permits are personal and non transferable.

(iii) Every person to whom a permit has been granted shall, on demand by any Forest or Police Officer or any person authorised in this behalf by the State Government, produce it for inspection. The names of the persons so authorised by the State Government will be notified to the permit holders when the permits are issued.

(iv) The permit granted by the Divisional Forest Officer shall be valid only for the shooting block detailed therein PROVIDED that wounded game may be pursued in the adjoining areas whether shooting block or not.

(v) The permit may be cancelled at any time without assigning any reason by the Conservator of Forests or the Divisional Forest Officer if the circumstances render it advisable. On cancellation of the permit, the permit holder and his party, if any, shall leave the shooting block within the shortest possible time.

(vi) The permit holder is personally responsible to see that the members of his party and camp followers and servants observe the forest laws and rules and all the conditions of the permit [11][and do not engage them in shooting without obtaining a proper permit]. If the Divisional Forest Officer considers that the permit holder or any member of the party or camp follower or servant of the permit holder has committed wilfully any breach of the rules, laws or conditions of the permit. He may cancel the permit 1[and may impose a penalty of Rs. 100/- per animal so shot by the member of his party, camp-followers or servants]. The party shall thereupon quit the area with the least possible delay.

(vii) The holder of a permit shall encamp only in such camping grounds as are entered in the permit or have been set apart by the Forest authorities or in places subsequently pointed out him by a forest official.

(viii) The holder of a permit shall not shoot at nor allow any one with him to shoot at an animal or a bird the shooting of which is not permitted by the terms of the permit. The Divisional Forest Officer when granting a permit may give the holder a special permit to shoot birds and small mammals required by him for the purposes of study of natural history.

(ix) The holder of a permit shall not shoot at nor allow any one with him to shoot at more than the number of heads of any species entered in the permit.

[12][In every case of infringement of this condition, the trophy shall be confiscated, in addition to the penalty that may be imposed by the competent authority, in consideration of the merits of each case.]

(x) The Divisional Forest Officer shall enter in the permits the following:?

(a) In the permits in Forms 'A' and 'C' the maximum number of persons entitled to shoot in addition to the permit holder.. The permit is valid only for the holder and for the members of his party mentioned in the permit. Ordinarily no fee will be charged for any retainer or servant, but if any of. them actually takes part in the shooting, the prescribed fee shall be paid for him.

(b) The maximum number of retainers or followers, and beaters, also the number of dogs and other animals which the permit holder is permitted to take.

(c) The maximum number of elephants which the permit holder may take into the forest and the quantity of fodder which he may obtain from the forest. The maximum number so entered in the permit shall not be exceeded.

(xi) The fee for elephants will be Rs. 8/- per elephant per day.

(xii) As soon as possible after the date of the expiry of the permit, or after the permit holder has left the area, the Divisional Forest Officer shall give to the permit holder a statement of dues from him under these Rules after deducting such amounts as may have been paid in advance, & the amount shall be paid within one month of the date of expiry of the permit, failing, which it shall be recoverable under Sec. 82 of the Rajasthan Forest Act, 1953 (Act XIII of 1953) as if it were an arrear of land revenue.

(xiii) On the permit holder vacating the shooting area for which he holds a permit he shall return [13][within fifteen days of the expiry of the validity of the permit] his permit to the Divisional Forest Officer after entering on it the fees due from his under the Rules for elephants and extra guns, the number of species of all animals and birds killed by him and his party, and the dimensions of the heads and skins, the size and weight of fish caught, and other particulars of interest to sportsmen for record in the collection of trophies.

[14][(xiii-A) if the permit is not returned as provided for in clause (XIII) the Divisional Forest Officer may, after giving a reasonable opportunity to the permit- holder of being heard, impose a penalty not exceeding Rs. 50/-].

(xiv) Permits in Forms 'A' and 'C' will be issued for a period of 15 days during the second fortnight of month only, the first fortnight being treated as rest period provided that the permit holder and his party shall observe the close season of birds and animals as entered in the permit.

[15][Provided that if any shooting block remained vacant in the Second Fortnight of the previous month permit may be issued for the first fortnight of the following month, in which case no other permit shall be issued for the block for the Second Fortnight of the same month and normal closure will be applied from the first fortnight of the following month.

(xv) The permit holder and his party shall shoot only the edible birds and animals as entered in the permit, and birds of prey and vermins.]

(xvi) The permit holder and his party shall not, without the special permission of the Divisional Forest Officer, endorsed on the permit, shoot the females of deer or antelope or male without horns or with horns in velvet.

(xvii) Permit in Form 'C will not be issued for the period from 1st April to 14th September.

(xviii) The Conservator of Forests may limit the number or permits in Forms 'A', 'B' and 'C' which may be in force in any shooting block in his Circle at any one time.

(xix) A forest official may be appointed to show the permit holder the boundary of the shooting block within which he has been permitted to shoot and to accompany the party if deemed advisable by the Divisional Forest Officer.

Rule - 7. Fees of the Permit.

The following fees shall be paid in advance for permits: ?

In Form 'A'

[16][(i) for 14 days or less by?

(a) Indian citizen or Heads of foreign diplomatic corps in India.	Rs. 50/- per gun for original holder and Rs. 10 per extra gun.
(b) Foreign tourists payable by a Shikar agency or Ex-Ruler.	Rs. 500/- per gun.
(c) Other foreigners.	Rs. 200 per gun.

Provided that a professional Shikar agency inviting foreign tourists may be given a permit for one block in any one division for a period of three years on payment of a fee of Rs. 500/- per block per year.

(ii) For the whole excepting close season. Rs. 200/- per Gun.

Additional fees at the rate given below shall be paid in advance for all the animals desired to be shot under the permit. This amount will remain as deposit and will be either adjusted or refunded on receipt of the permit.

For each tiger shot.	Rs. 150/-
For each panther or leopard shot.	Rs. 35/-
For each bear shot.	Rs. 50/-
For each Sambhar shot.	Rs. 50/-
For each Chital shot.	Rs. 30/-
For each pig shot.	Rs.30/-
For each Nilgai shot.	Rs. 30/-].

In Form 'B'

(i) for one month	Rs. 1/- per rod line
(ii) for whole year	Rs. 10/- per rod line.

In Form 'C'

(i) For a period not exceeding 15 days.	Rs. 10/- per permit
(ii) Annual permit	Rs. 50/- per permit:

(b) The fees for permits once paid shall not be refunded.

(c) A comprehensive permit in Form 'D' for a period of 15 days may be issued to foreigners on payment of Rs. 150/- per permit. Under this permit the permit holder shall be entitled to shoot all big game, including tiger, panther, leopard and bear, ground game and game birds, but shall observe the current close periods.

Rule - 8. Application for a permit.

Applications for shooting permit shall be decided by drawing lots and the applicants will be informed of the date, time and place of the draw. For the purpose of draw no application shall be valid if received earlier than 1 month and later than 7 days of the day on which the period for which the permit is required begins.

Rule - 9. Register of application.

A register shall be maintained in the office of each Divisional Forest Officer showing for each class of permit?

(a) the name of the shooting block for which the application is being made;

(b) the date of application;

(d) orders passed, and

(e) the date of the orders.

Rule - [10. Limit of big Game.

Subject to the modifications recommended by the State Wild Life Preservation any general permit holder per gun per season shall be as follows namely:?

Tigers	Two
Panthers or Leopards	Two
Sloth Bear	One
Pigs	Two
Deer	One of each kind, excepting the protected species.
Antelope	One of each kind, excepting the protected species.
Nilgai	Two][17]

Rule - 11. Exempted persons.

[18][The State Government may exempt any person or class of persons from the payment of fees for the permit, but in case of such person or persons being accompanied by a person or persons not exempted by the State Government payment of the prescribed fee shall be made for each such person.]

Rule - 12. Exempted persons to furnish returns.

Exempted persons shall also furnish returns as are furnished by a permit holder to the Divisional Forest Officer, shooting area on the last day of every month, so that a record of all species of birds and animals killed by them may be kept.

Rule - 13. Special permits.

Subject to the general control of the Chief Conservator of Forests, permit for netting and trapping wild birds and animals may be granted by the Divisional Forest Officer for any of the following purposes:?

(a) Research.

(b) Collection of specimens for zoological gardens and other educational institutions.

[1] Notification No. F. 39(2) Rev. A/54, dated. 6-9-1957, Pub. in Raj. Gaz., Part IV-C, dated 26-9-1957

[2] Substituted vide notification No. D-956/F, 39(2) Rev. A/54, dated, 19-3-1959, pub. in Raj. Gaz., Part IV-C, dated 16-4-1959.

[3] Inserted vide R.G.G. IV-C, dated 17-1-63, p. 814.

[4] Omitted-ibid.

[5] Inserted, by Notification. No. F-10(5) Rev. A/59, dated 14-6-1960, pub. in Raj. Gaz., Part IV-C, Supplement No Dated...

[6] Inserted vide R.G.G. IV-C, dated 4-3-1965.

[7] Omitted vide R.G.G. IV-C, dated 17-1-63, p. 814.

[8] Inserted. by Notification No. F-10(34) Rev. A/59, dated 12-2-1960, pub. in Raj. Gaz., Part IV-C, Ordi. dated 14-7-60

[9] Omitted by Notification No. F-10(29) Rev. A/59, dated 8-2-1960, pub. in Raj. Gaz., Part IV-C, Ordi. dated 14-7-60

[10] Inserted vide R.G.G. IV-C, dated 17-1-63, p. 814.

[11] Inserted vide R.G.G. IV-C, dated 17-1-63, p. 814.

[12] Inserted. by Notification No. F-10(29) Rev. A/59, dated 8-2-1960, pub. in Raj. Gaz., Part IV-C, Ordi. dated 14-7-60

[13] Inserted. by Notification No. F-8(2) Rev. A/59, dated 12-8-1959, pub. in Raj. Gaz., Part IV-C, Supp. No. 34 dated 23-11-61

[14] Inserted vide R.G.G. IV-C, dated 17-1-63, p. 814.

[15] Inserted. by Notification No. F-8(2) Rev. A/59, dated 12-8-1959, pub. in Raj. Gaz., Part IV-C, Supp. No. 34 dated 23-11-61

[16] Substituted vide R.G.G., Dated 26-5-66.

[17] Substituted vide R.G.G. IV-C, dated 17-1-63, p. 814.

[18] Substituted by Notification No. F-10(29) Rev. A/59, dated 8-12-1960, pub. in Raj. Gaz., Part IV-C, Ordi. dated 14-7-60

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