Bengal Rhinoceros Preservation Act, 1932

Bengal Act 8 of 1932

WB601

[23rd June, 1932.]

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. Short title and extent.- (1) This Act may be called the Bengal Rhinoceros Preservation Act, 1932.

(2) It extends to the whole of [West Bengal],

2. Killing, injuring or capturing of wild rhinoceros prohibited.- 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 [State Government] given in a license issued under rules to be made in this behalf by the [State Government.]

3. Penalty for contravening 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) of 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.

4. Rhinoceros killed or captured to be property of Government.- Every wild rhinoceros killed or captured [in West Bengal]by any person otherwise than with the permission of the [State Government] given under section 2, and all parts of such rhinoceros shall be the property of the[State Government].

[4A. Possessing, selling or buying of any part of rhinoceros prohibited.] - No person shall without the permission of the [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 is not the property of the[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.

[4B. Penalty for contravening 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 convicted of an offence thereunder, shall be punished with fine which may extend to two thousand rupees.

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 of the nearest police-station or to the Forest Officer or the District or Sub-divisional Magistrate within whose jurisdiction the event took place.
6. Penalty for contravention 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.
7. Amendment of Act VIII of 1912.- The Wild Birds and Animals Protection Act, 1912, shall, in its application to [West Bengal]be amended as follows, namely :-

In clause (ii) of the Schedule to the said Act the word "rhinoceros," shall be omitted.