| Amended .. |
Ben. Act II of 1938. |
| Adapted .. |
(a) The Government of India (Adaptation of Indian Laws) Order, 1937. (b) The Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. (c) The Adaptation of Laws Order, 1950. |
An Act to provide for the preservation of wild rhinoceros.
Whereas it is expedient to provide for the preservation of wild rhinoceros in Bengal;
It is hereby enacted as follows:
(1) This Act may be called the Bengal Rhinoceros Preservation Act, 1932.
(2) It extends to the whole of 3[West Bengal].
(1) Whoever in contravention of section 2, kills, injures or captures, or attempts to kill, injure or capture, a wild rhinoceros, shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both.
(2) Whoever having been convicted of an offence under sub-section (1) or this section, is again convicted of an offence thereunder shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.
Every wild rhinoceros killed captured 5[in West Bengal] by any person otherwise than with the permission of the 6[State Government] given under section 2, and all pans of such rhinoceros shall be the property of the 6[State Government].
74-A. Possessing selling or buying of any part of rhinoceros prohibited. No person shall without the permission of the 8[State] Government possess, sell or buy, or offer to sell or buy, any part of a rhinoceros unless he has reason to believe that such rhinoceros in not the property of the 8[State] Government.
Explanation. The expression reason to believe occurring in this section has the meaning assigned to it in section 26 of the Indian Penal Code (Act XLV of 1860).
94-B. Penalty for contravening of section 4A. (1) Whoever in contravention of section 4A possesses, sells or buys, or offers to sell or buy, any part of a rhinoceros, shall be punished with fine which may extend to one thousand rupees.
(2) Whoever having been convicted of an offence under sub-section (1) of this section is again con vie led of an offence thereunder, shall be punished with fine which may extend to two thousand rupees.
In the event of any person killing, injuring or capturing a wild rhinoceros in defence of himself or of some other person, he shall within three days of such event report the fact in writing to the officer-in-charge or the nearest police-station or to the Forest Officer or the District or Sub-divisional Magistrate within whose jurisdiction the event took place.
Whoever without reasonable excuse omits to make the report referred to in section 5, shall be punished with fine which may extend to five hundred rupees.
The Wild Birds and Animals Protection Act, 1912 (VII of 1912), shall, in its application to 10[West Bengal] be amended as follows, namely,
In clause (ii) of the Schedule to the said Act the word rhinoceroses, shall he omitted.
1 For Statement of Objects and Reasons, see the Calcutta Gazette of 1932, Pt. IV, page 79: and for Proceedings in Council see the Bengal Legislative Council Proceedings. Vol. XXXVIII. No. 3, page 806.
2 In terms of the provisions of sub-section (3) of section 3 and with Schedule III of the West Bengal Transferred Territories (Assimilation of Laws) Act, 1958 (West Ben. Act XIX of 1958), this Act shall not extend to or come into force in, the territories transferred from the State of Bihar to the State of West Bengal by s. 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956 (XL of 1956).
3 The wards West Bengal were substituted for the word Bengal by Art. 3(2) of the Indian Independence (Adaptation or Bengal and Punjab Acts) Order, 1948.
4 The words Provincial Government were originally substituted for the words Local Government by paragraph 4(1) of the Government or India (Adaptation of Indian Laws) Order, 1937, and thereafter the word State was substituted for the word Provincial by paragraph 4(1) of the Adaptation of Laws Order 1950.
5 The words in Bengal were originally inserted by s. 2 of the Bengal Rhinoceros Preservation (Amendment) Act, 1937 (Ben. Act II of 1938), and thereafter the words West Bengal were substituted for the word Bengal by Art. 3(2) of the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.
6 See foot-note 4 and page 193, ante.
7 Sections 4A and 4B were inserted by s. 3 of the Bengal Rhinoceros Preservation (Amendment) Act, 1937 (Ben. Act II of 1938).
8 The word State was substituted for the word Provincial by paragraph 4(1) of the Adaptation of Laws Order, 1950.
9 Sections 4A and 4B were inserted by s. 3 of the Bengal Rhinoceros Preservation (Amendment) Act, 1937 (Ben. Act II of 1938).
10 See foot-note 3 and page 193, ante.