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r ,.· AS.SAM· .ACT XX O~ 1954 THE ASSAM "RHINOCEROS PRESERVATION' ACT,. ·1954 ... \. • - ' ·,> ~.... • . ' ' ;.; .• • ;
(Passed by the Assembly)
• ·(>Receiv.ed' t~e assent qf the Governor- of Assam on thf:' ;!8th ~y, 1!li>4)-:
"-• • . • - •, /. ,· ·. , ... - 1l ;,A:rsam Gazette, dated the 9th June, 1964] An
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Act for the Preservation. of Rhinoceros Pream.ble.-WHEREAs·it is • expeeient to" ' provipe . foe ~ pr'?s~rvation. 9f, Rhinoceros ; , ''
It is hereby enacted as follows :- • l
1. ·sho.rt title, extent and co:mmence:ment,7(1) This Act• may :lae called Assam Rpinoceros. Preservation Act, 1 J54. \
\2)' It extends to the whole of Assam.
(3) It shall' come into force on such date as the State · Gevermnent:
may, by notification in the official Gazette app0int.
2. KiUing, injuring and capture of Rhinoceros p1iohibited.-:-No persoru shall kill,, injur·e or captt1re, or attempt to~kill\ injurn or capture anyr R·hinocer~i1> .unless so ·permitted by the State Government by a ·license granted or an order made under this Act-.
Provided that , a person will: be entitle.cl to kill or· injuve a R~inoceros in ~ ~ defence·'' of himself or sO~e ·other ·person. , ~
Explanations.-The onus of ·pt.oving the right -of -private,._ defenc_e shaU lie f
rm the person; claiming it·.. _
3. Right&o£ ~ov.ernn\.ent with ,resgect to ce.rt,ain Rhinp~e.ros.a,qd their horns .. ;..,.-Evcr~t Rhin0ceml>s ta:)!>.tured. aind· the 4orn .. or, ca.rc~s~ .or, a,ny, part of
. every Rhinoaero~ kilied in,, contravention . of this, Act or any conditiqn of a licens:e-r or or.der· issued under this. Act shall · be the property of ~he Stat~ . Goverq- ment,. . . ·
· 4~, ~~w.er .t.q grant license, to kill, injure, an~ capture Rhinocero.s._:(l.) The State Gov_efnment ma¥, subject ~o such. n.i.le,s as . may. be framed '. in thi.S, behalf, grant licenses or issue orders to kill, or capture Rhinoceros in such ·p!lrt · or parts of the State as may be specified i_n the license or order. · '· ·
(2) No such license or order shaU be issued· unless the State· Government · satisfied that-
(a) any Rhinoceros has become a cause of immine:nt danger to human tife, or
(b) sµch Rhinoceros is required for any Zoological, Scientific, or other special purpose as may be decided by Government. ~
5. Penalty.-(1) Whoever, in con,travention of Section 2; kills.; injures or captures or · at.tempts to kill, injure or capture any Rhinoceros, shall be punished with fine· of one thousand rupees ,and with imprisonment which may ·· extend to . one year, aa9 whoever contravenes ' ~ny condition contained in a license granted or order made under this Act shall be punished with fine .which may extent to one thousand rupees. , · . . .
. (2) Any weapon or. _c;ontrivan~e used for ·the commission of.an offence under thts Act shall be ·hable to confiscation. . , . "
6.- Cognizance 0£ offence.'-No court inferior to ' that of a · Magistrate of the fir~t class shall try any offence punishaqle under this • Act Pf any
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7.' Power to arrest without warrant ancl. · seize .;e~pon.-(1) Any .offic.er of the Police DepartmeI).t not below . the rank .of an ~ssi~tant Sub- , lQspector of Police or any Forest Officer, not below the rank ·Of an Assistant 'Forester may arresf without warrant ~. from a Magisti:ate·,. any p~rson ,-killing, injuring or captuting or attempting to kill, injure or capture any Rhinoceros in contravention of 'the provisions of this Act and seize any weapon ·or contrivance used for the purpose and also the:. carcass or any part thereof of any Rhinoceros killed ' in contravention of this Act. · "'
· (2) Every officer making an arrest , under sub-,'!ection (1) .shall produce the perfon arrested before the nearest Magistrate having jurisdiction to deal with . ti:)~ c~se within a period of twenty-four 'hours of such arrest · excluding the time necessary for the journey from the place of arrest to the Court of the Magisbrate, with a report containing fuJl particulars of the person arrested aqd the cirCUffi>·,- stances under which the arrest was effected . .
. 8. Power t9 search by Forest Officers.- Any Forest Officer; not below the rank of an Assistant Forester who has reason to b elieve from p 1 ~rsonal knowledge or from information received from· any ~ person tha t any offence against this Ac can be traced on the search of any building· or enclosed place- ma)'.;, on obtain- ing a warrant from a Magistrate ente~ upon. and search such b~ilding or enclosed place and seize such instrumerits, implements or Lany other .thing ' .which may furnish evidence of the commission of the offence. -
9. Power to make rules.-(1) The State Government may, by notification · in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without Rrejudice to. the generality of the foregoing power, such rules may provide for all o: any of the follO\ying matters, namely:-
(a) regulating the grant and .renewal of licenses under this Act ·;
. (b) the fees, if any, to be charged on such gran_t and r~,n~wal ·; · . : ; ·cc) the time during which such licenses shallbe 'in forr.e·; and · (d) conditions (ifany) on which litepse shall be grante8 or order made.
10 .. Reneal.·-The provisions in the Assam Forest Reg~lations (Regulation VII of 1891) and the Wild Birds and Animals Pro tection Act , 1912 (Act VIII of
191-2) or any other law for the time being in force sp far as they relate to ·the killing, injurillg or ca.pturing qr atteri1pts at killing, injuring or. c;.apforing of any_ RhinocE:·ros qr are 'ot.herwis" (epugnant to the proviSions of this Ad are hereby1_ repealed. , " ,. '-' .1
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I ,_, • ,. A.G,P. (Leg.) No.57 /54-1000-12·5·1955. j
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