Rhinoceros Preservation Act, 1932
WEST BENGAL ACT 008 OF 1932
23 June, 1932
| 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:
Section 1. Short title and extent
(1) This Act may be called the Bengal Rhinoceros Preservation Act, 1932.
(2) It extends to the whole of 3[West Bengal].
Section 2. Killing, injuring or capturing of wild rhinoceros phobibited
No person shall kill injure or capture, or attempt to kill, injure or capture, a wild rhinoceros, unless
(a) in defence of himself or some other person; or
(b) with the permission of the 4[State Government] given in a license issued under rules to be made in this behalf by the 4[State Government].
Section 3. Penalty for communing section 2
(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.
Section 4. Rhinoceros Rilled or captured to be property of Government
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.
Section 5. Duty to report killing injuring or capturing of rhinoceros
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.
Section 6. Penalty for contravening of section 5
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.
Section 7. Amendment of Act VIII of 1912
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.