West Bengal Wild Life Preservation Act, 1959 (No. 25 of 1959)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The West Bengal Wild Life Preservation Act, 1959 Act 25 of 1959 Keyword(s): Animal, Collector, Hunting, Land, Licence, Trophy, Wild Life © West Benga] Act XXV of 19591 THE WEST BENGAL WILD LIFE PRESERVATION ACT, 1959. [24th December; 1959.] A11 Act to provide for rhe belter preservatio11 of wild life in West Bengal. It is hereby enacted in the Tenth Year of the Republic of India, by the Legislature of West Bengal, as follows: CHAPTER I. Preliminary. 1. (1) This Act may be called the West Bengal Wild Life Preservation Act, 1959. (2) It extends to lhe whole of West Bcngol. (3) It shall come into force in such areas a,s the State Government may by notification in che Official Gazette appoint and different dates may be appointed for different areas. Shon1i1le, ex!ell\ and COIIIIlll:nCt:· rnent 2. In this Act, untess there is anything repugnant in the subject or Definitions, context, (a) "animal" includes quadrupeds, birds, fish and reptiles, any young ones !hereof; (b) "Collec1or" means the Collector of a district or any other officer appointed by the State Governmeric co discharge lhc functions of a Collector under this Act; (c) "hunting" means killing, chasing, pursuing, capturing or wounding and includes also the seizing or destroying of eggs or nests or any attempt or any device to do any of \he foregoing acts; and grammatical variations of the word shall be construed accordingly; (d) "land" includes wa1er and includes also the soil and sub-soil and rights to mines and minerals and al[ forests, jungles, trees and vegetation standing or growing on land; 'For St.1tcmem of Objec!s and Rell.'ions, see the Ca/cul/a Guurre, Ei1raordirwry, d:i.rcii the 9th F~bruary. 1959, P:irt IVA, pae 267: ror proceedings of !he Wes\ Bengal Legisl:i.1ive Assembly. see the proceedings of the meetings of ch:i.1 Assembly held 011 1hc I 91h and 23rd March, 1959; and for proceedings of 1he West Bengal ~eg i~ la ti.':'e Co~ndl, s e e the proceedings of the meeting of th~t Council held on 264 Appoim lll<!Olor officers. Pm,,ers. <lutics and fu11clioos. e1c. The Wes/ Bengal Wild Life Preservation Act, 1959. [West Ben. Act (Cl,upler 11.-Aurlwrilies 1111der the Act.-Sectio11s 3, 4.) (c) "licence" means a licence issued under !his Act; (f) "prescribed" means prescribed by rules made under 1his Act; (g) "lrophy"mcans any dead animal or any part of any animal or any eggs or nests, preserved as a relic or for show; Expfa11afio11.-Part of an animal includes the head, horn, an!lcrs, skin, tusk, toolh, bone, claw, hoof, hair or feather, but does not include any ankle manufactured or prepared 1herefrom; (h) "wild life" or "wild animal" means any animal specified in 1hc First or the Second Schedule, when in a wild state. CHAPTER II. Authorities under lhc Ac t. 3. (I) The Slate Government may for the purpose of this Act appoint the following officers, namely: (a) A Chief Wild Life Preservation Officer for West Bengal, (b) Regionc1I Wild Life Preservation Officers, (c) Divisional Wild Life Preservation Officers, (d} Game Wardens, either honorary or stipendiary, and (e) such other officers and servan1s as it deems necessary. (2) All such appointments may be made either by name or by virtue of office. (3) Honorary Game Wardens shall hold office for a period of one year: Provided !hat !he State Government may terminate !he tenure of office of an Honorary Grune Warden earlier, if in i!s op ion, his services arc no longer required. 4. (I) The powers, duties and functions of the officers referred to in sub-section ( l) of section 3 shall be such as are memioned in this Act or ns may be prescribed. (2) All officers referred to in clauses (a), (b), (c) and (d) of sub scciion ( l) of section 3 shall be deemed to be public serv,ml5 within the , ,..... ...!'. ActXLVof The Wesl Bengal Wild Life. Preiervatio11 Act, 1959. XXV of 1959.] (Chapter JIJ : Hu11ti11g of Wifd A11imals.-Secrio11s 5-8.) CHAPTER III. Hunting of Wild Animals. 5. No person shall hunt any ,wild animal exccpl under a licence and in accordance wi1h prescribed conditions specified in such licence.' 6. ( l) The State Government may, by noti ficatjon in lhe Official Gazerrc, declare the whole year to be a close Lime for wild animals mentioned in the Firsl Schedule and may, by like notification, declare what period or periods during the year shall be close time for animals referred to in the Second Schedule. (2) During the colse Lime specified for any wild animal. it shall not be \awful to hunt such wild animal anywhere within West Bengal, where Lhis Ac\ is in force: Provided that if the State Government lhinks il fil to do so in the public interest, it may authorise any person, institution or authority to hunt, even during the close time, any kind of wild animal, for collecting specimens for scientific or educational purposes. (3) The State Government may, if it thinks fit to do so in the publk interest, at any time, make any alterations or changes in any of the Schedules. 7. (1) No person shall hunt any wlld animal from or by means ofa wheeled or mechanically propelled vehicle on land or by aircraft. (2) No person shall use a motor car, motor cycle, or aircraft for the purpose of killing, driving or stampeding any wild animal. (3) No person shall hunt any wild animal with poi!.on or poisoned weapons. (4) No person shall for rhe purpose of hunting wild animal set fire to any vegcti"llion. (5) No person shall use any artificial ligh1 for the purpose of hunting any wild animal (except in the case of camivora). (6) No person shall hunl any wild animal (except pigs, bears .and carnivora) between one hour after sunset and one hour before sunrise. (7) No person shall hunt any wild animal on a sale-lick or water hole or on paths and approaches to 1he same. 8. (I) Any person desiring to obtain a licence shall apply to lhe Divisional Wild Life Preservation Officer concerned. (2) Upon the receipt of such application, the Divisional Wild Life Preservation Officer shall, after making such enquiries, if any, as he 265 Prohibilion ofhunling wi!d ;mima.ls cxccepl under licence. Closeiimc. Res lrictiom on1he mc!bochof hun1ing. Procedure for oblnining licence. m~~\.~~%5§,~<:t-~~~~.~7'-.·':-- ~ ~-7-~'S{!' ... ~;'-,-'½!-..w-••s:-5:.y!--..kl~«:<.-...e:-.• .,., •}T~.•*'!=:';':':':tt5'~:'-~~!'~.-FC.·S· 3s ...... .. :,.<:.~::::5-.:: .... ~:..••:e:-...::'?-=;¥ ~ . ~ ~~<}~*½-'&-':}-.<$-'::::,.%-'!:':--~"":-Th* ... ~-<..<: . . . . 266 Du r.ulon and <:ancell:ition oflicc nccs. Li,~nre holdcno k,:~plL'COTd. The Wesr Be11gal Wild Life Preservatio11 Act, 1959. [West Ben. Act (Chapter /ll.-Hw,ri11g of Wild Animals.-Sei:tio11s 9, 10.) (3) Where the Divisional Wild Life Preservation Officer refuses to grant a licence to any person, he shall record in writing the reasons for such refusal and furnish to Lhe person on request a brief statement of 1he same unless in any case he records his opinion that it will nol be in the public interest to furnish such statement. ( 4) Any person aggrieved by the refusal of a licence may appeal within thirty days of the date of the order and in the prescribed manner lo 1he Reg:iomi! Wild Life Preservation Officer concerned. No such appeal shall be disposed of unless the appellam has been given an opponunity of being heard. An order passed in appeal shall, subjccl 10 the provisions of sub-section (5), be final and conclusive. (5) The Chief Wild Life Preservation Officer may, on his own motion or on the motion of any person aggrieved, at any time revise any order passed under sub-section (4) and his order on such re11ision shall be final and conclusive: Provided thal no order shall be passed in revision which adverse!)'. affects any person unless such person has been given an opponunity of being heard. (6) The fee for a licence shall be as may be prescribed. 9. (I) Every licence granted under this chapter shall be valid for such period as may be prescribed. (2) The Divisional Wild Life Preservation Officer may, at any time, if he is satisfied that the holder of a licence has failed to c·omply wilh the conditions specified in the licence, cancel such licence, afler giving the holder an opportunity of being heard. Where a licence is cancelled as aforesaid, any person aggrieved shaJl have the same right of appeal and revision as if the licence had been refused. 10. (1) The holder of every licence shall kl!ep a record containing such particulars as may be prescribed, of a!/ wild animals hunted by him during 1he currency of the licence. (2) Nol later than thirty days after the expiry of his licence, the holder of the licence shall surrender his licence and also the record referred to in sub-section ( l) to the Divisional Wi Id Life Preservation Officer concerned and shall also furnish him with a declaration in the The We.u Bengal Wild Life Preservario11 Act, 1959. xxv or 1959.] Wes! Ben. Ace tuf [\154, (Chapter JV.-Wild Life Sa11c111aries.-Secrio11s 11, 12.) CHAPTER IV. Wild Lire Sanctuaries. 11. (I) If the State Government thinks it fit to do so 10 the public in1erest, it may in respect of any urea which in its opinion is fit to be a Wild Life Sanctuary, issue a proclamation in the Official Gazerre (a) slating 1hal'in its opinion, the area is fit 10 be a Wild Life Sanctuary and that lhc-State Government iJ1tends lo acquire such area for establishirtg a Wild Life Sanctuary; (b) specifying as nearly as possible the situation and the limits of such area. (2) Upon lhc issue of such a proclamation, (a) no person shall cul clown any Lree or vege\.ilion or clear any forest or jungle or hunt any wild animal wi1hin such area; (b) an offica of Government generally or speci.il ly empowered in this behalf may enter upon such land with workmen and other suitable persons and make surveys and measurements, dig and bore into lhc soil or sub-soil or mark out boundaries by cutting trenches or ditches, or setting up hedges, fences, railings, walls or pillars as may be necessary. (3) After a pcriocl of al least lhrcc months from the cla1e of such proclamation, lhe State Government may, by notification in the Official Gaz.eue, declare the area 10 be a Wild Life Sanctuary and thereupon the area shall be a Wild Life Sanctuary and the land comprised in such area shall vest in the State free from all inlcrcsts and in cumbranccs in favour of any person, except so much of such land as has already vested in the State under the West Bengal fataces Acquisition Act, 1953. (4) For the purposes of this section, it shall be sufficient to specify lhc sicuation and the limits of nny area by roads, rivers, bridges or other well-known or readily intelligibk boundaries. 12. (I) Any person whose land or interest in land or incumbrancc in land vests in 1he Stale under sub-section (3) of section 11, may apply to the Collector within three months of the issue of the declaration under that sub-section for the determination and award of compensation to be paid to him. (2) Every such application shall describe the land or the nature and cx1ent of the interest or incumbrance of the applicant in the land, as \he 267 Wild Life San ccu .ui ~. Principlr;s wbc Ccllowe<lin fiung comp::n:.a tion, 268 Manncrof payment or comp,;,n s.niion. Prohibition of hunting in Wild Life Sane tu aries. Permit to cmcror n:.sidcwilhin WildLire Sanctuary. The West Bengal Wild Life Preser,,a/ion Act, 1959. [West Ben. Acl (Clwpler lV.-Wild Life Sa11ct11aries.--Secrio11s 13-15.) (3) The amounl of compensation payable shall be the price, which, in the opinion of the Col lcctor, the land or Lhe interest or the incumbrance would have fetched in the open market if i1 had been sold on the date of the declaration. (4) In determining the amount of compcnsaiion payable under sub section (3), the Collector shall give the applicant an opportunity of being heard :mtl shall also Lake such evidence and make such enquiries, if any, as he thin~ fit. (5) An appeal shall lie to the Commissioner of the Division in which the area is situa1ed against an order of the Collector determining and awarding compensation. Any order passed on such appeal shall be final and conclusive. 13. (I) Where the amount of compensation awarded under this chapter does not exceed Rs. 5,000, it shall be paid entirely in cash, within one year from lhe date of the last order awarding compensation. (2) Where the amount of compensation awarded under lhis chapter exceeds Rs. 5,000, a sum of Rs. 5,000 shall be paid in cash within one year from the date of the last order awarding compensation, and the remainder sha11 be paid in bonds carrying interest al 2~ per cent. per annum on the total sum awarded (less the sum of Rs. 5,000 paid) with cffec1 from such date and payable in 1en equal annual instal ments, the first annual instalment being due on the day one year afler such date. 14. No person shall hunt any .inimal in any Wild Life Sanctuary: Provided lhal the Regional Wild Life Preservation Officer concerned, may, if he thinks that i1 is necessary that any animal should be hunled, for beucr preservation of other animals, authorize any person whom he deems suitable lo hunt the first-mentioned animals, either temporarily for a specific period or permanently, and with or without any l icencc. 15. No person other lhan,~ (a) a public servant on duty, (b) any person passing along a public highway running through a Wild Life Sanctuary, shn!I enter or reside within a Wild Life Sanctuary except under a permit The West Bengal Wild Life Prese1w11io11 Act, 1959. XXV of 1959.J ( Chopre r V-Busi11ess i11 Trophies and Pet A11imafr. -Sec1io11s 16, 17. Clwpler Vl.-O.ffences and Pe11alties.-Sectio11s 18, 19.) CHAPTER V. Business in Trophies and Pet Animals. 16. (I) No person shall carry on the business of a trophy dealer or a dealer in pet animals except under and in accordance with the con di lions of a business certificate gramed under 1his chapter. (2) Nothing in this section shall require any person to obt:iin a business ccr!ificate (i) for possessing pet animals, not exceeding twelve in number, or (ii) for possessing trophies which have been lowfully acquired by him, provided such animals or trophies are kept by him for his individual use or benefit 17. (J) A business ccnificale referred to in section 16 may be issued by the officer prescribed in this behalf on application made in lhar behalf anrJ on payment of such fees as may be prescribed. · (2) Every such business cenificaic shall be valid for one year from the dare of issue. (3) Every holder of such business cwificatc shall keep such record and submit such return to the officer referred to in sub-section (I) as may be prescribed. CHAPTER VI. Offer1ces and Penalties. 18. ( l) Any person who contravenes lhe provisions of sec Lion 5, sub-section (2) of section 6, section 7, section IQ, section 14, sect.ion 15, sub-seciion (l) of section 16 or sub-section (3) of section 17, shall be guilly of an offence under this Ace and shall, on conviction, be punished wi1h imprisonment which may extend to six months or with fine which may extend lo Rs. 500 or with both. (2) When a person is convicted of on offence under this Act, !he court convicting such person may also order that any animal or trophy in respect of which the offence has been commiued, or any weapon or instrumenl, vehicle or vessel used in commilting the offence, shall be forfeited to the State or that any licence or permit or business certificate held by such person be cancelled. 19. No courl shall take cognizance of an offence under this Act except on written complaint of any officer referred to in clause ( a), (b) or 269 Bminc:.~s c.::nific:u.:: tobc ob1aincd for dealing in trophies and pet nn.imals. Issue ,;,f btL,in~s~ c~nifical'-'5, the r,:riod or their validi!v an o.! n:conJs • andrc1ums. OfT~r-'c,; and pc-nallics. Co~ruzanc~ ofoITences. 270 Pow,:r o( <:nll)', sc=h. ~ci 1,u re and :trrcSl. Compoun<l ingo( oITcnc.:s. The \Vest Bengal Wild Life Preservation Act, 1959. IWest Den. Act (Chapter Vl.-O.ffenccs and Penallies.-Sections 20, 21.) rank of a Sub-Inspector of Police and unless the prosecution is instituted within three months from the dale on which the offence is alleged co have been committed. 20. (I) Any officer referred to in clause (a), (b), (c) or (d) or sub section ( l) of section 3 or any police-officer not below the rank of a Sub Inspecror of Poice may, if he has reasonable grounds for believing 1hat a person has committed an offence under this Act, (a) require such person to produce for his inspection, any animal or carcase !hereof, or any trophy in his possession, or any licence, permit or business certificate issued to rum under this Act. (b) stop, enter and search any vehicle or vessel in the occupaiion of any person and open and search any package or other thing in his possession; (c) seize any animal or carcase thereof, or any trophy or any weapon, instrument, vehicle or vessel, if there is reasonable ground for believing that it has been procured or used in committing such offence; (d) arrest any person against whom reasonable suspicion exists of having corn milled such offence. (2) Any officer arres1ing a person under clause (d) of sub section (1) may release rum on his executing a bond in rhe prescribed form to appear if and when so required before a Magistrate having jurisdiction in the case or before the officer-in-charge of the nearest police-station. (3) Where a person arrested under clause (d) of sub-section (I) is not released under sub-section (2), the officer arresting him shall forthwith take and produce him to lhc officer-in-charge of the nearest police-siation, who shall deal with him according to low. (4) Any officer making any seizure under clause (c) of sub sect ion (l) sha \l forth w ilh take and produce the objects sc izcd to the officer-in-charge of the nearest police-stalion, who shall deal with them according to law. 21. Notwithstanding anything comaincd in the foregoing sections of this chapter, where a person is alleged to have commitled an offence under this Act, an officer referred to in clause (a), (b) or (c) of sub section (I) of section 3, may, in accordance wilh such rules as may be prescribed, accept from such person, by way of composition of such offence, a sum nol exceeding Rs. 200, as may be determined by him. Upon payment of such sum within such period as may be prescribed, no proceedings shall be commenced against such person and any The West Bengal Wild Life Preservation Act, 1959. 271 XXV of 1959.] Ace VJ or 1879. Ben.A,! VII[ of 1912. Ac1Vm of 1911. (Clrapter Vll.-Misce/la11eo11s.---Sectio11.s 22-27.) CHAPTER VII. Miscellaneous. 22. Nmhing in this Acl shall be deemed to apply to the killing or wounding in good faith of ai:iy animal by any person in defence of himself or any other person or of any propeny. 23. Nolhing in 1his Act shall be deemed to affect the Elephants' Preservation Act, l 879, as amended in its ~pplication to West Bengal or the Bengal Rhinoceros Preservalion Act, 1932, and those Ac1s shall continue to apply as if this Act had not come inlo force. Killing or wounding in <le fence of person or prop<:rty. Act VJ of 1879. Ben.Act V of 1932 ;md Ben. Act VIII of 1932 not affccle<l. 24. Save as otherwise provided in the Constitution oflndia, no court Bar of sha!I have jurisdiction in rmy mauer relating to licences, permits or jurisdiccion. business ccnificates or compensation under this Ac1. 25. No suit, prosecution or legal proceeding shall lie against any Jndcmnicy. person for anything in g ood faith done or intended to be done under this Act or the rules made thereunder. 26. (I) The State Government may make rules for carrying out the Rules. provisions of this Act (2) In particular, and without prejudice lo the foregoing power, such rules may provide for all or any of 1he following matters, namely: (i) anything required to be prescribed under this Act; (ii) the fee to be paid for any application or appeal, the period of limitation for any appeal and the procedure to be followed in appeals; (iii) the fee to be paid for a licence or a business ceniflcate and the time and manner of payment of such fees; (iv) \.he management of Wild Life Sanctuaries; (v) the conditions to be observed by persons who have been perrniued to enter or reside in a Wild Life Sanctuary. 27. The Wild Birds and Animals Protection Act, 1912. shall stand Repeal repealed in its application to West Bengal in the areas in which this ' . . 272 I. 2. 3. 4. 5. 6. 7. 8. 9. JO. 11. 12. 13. 14. 15. 16. 17. JS. 19. 20. 2 l. 22. 23. 24. 25. 26. ?7 The West Bengal Wild Life Preservation Act, 1959. [West Den. Act (The Firs/ Scl1ed11k) The First Schedule. [See section 6( 1 ).] Animals for which the whole year may be notified os close lime. Pongolin or Scaly nnl-catcr Manis crassica11da1a Lesser Panda or Cat-bear Ai/ums f11{ge11.1· ElcphonL Eleplws waximus Rhinoceroses Rhinoceros Pygmy hog S11s salva11i11s Fcnwlc deer of oil kinds Mule deer when hornlci;s or in velvet Mous.e deer Trag11{11s me111i1111a Chcetal deer Axix axis Hog deer Axix porci1ws Swamp deer Cervus tl11va11celi Gaur or Indian bison Bos ga11rus Buffalo B11baf11s b11balis Commoo Monitor or Grey land Varmws monitor tinrd Yellow !anti lizard Varanus flavescens Ringed or wat er lizard Varm111s salvator Python Pytho11 1110/ttr11s Indian egg-eating snake Elachistodon Westen11a1111i Indian Salamnnder Tylotrifo11 1•err11cos11s Birds of prey (diurnal), cxccp1 Order Fnlconiformes, except sparrow-Hawks, Fishing Eagles:, Accipirer 11isus, Accipiter Marsh-Harrier, and Shahin and virgorus, flt1liaeef1u, lcluhye laggar Fal!.:ons plwga, Circus aerugi110s11s, Falco peregri1111s a11cl Falco chiq11ers Herons and Egrels Family Ardeidae Storks, Ibises and Adjutants Family Threskiomithidac Pink-headed duck Rhodmu~·sa cnryophyllacea White-winged Wood-duck Cairiiw ac11t11lllls Spur-fowls Gallopudix B lood-phcas,mt Irhagi11is cr11e11t11s T,.:1ftnn=in Trnonnnn 'i:'nt,,rn The West Bengal Wild Life Preservation Act, 1959. 273 XXV or 1959.] (The First Sched11/e.) 28. Mona] or Impcyan pheasant Loplwplwms impejam1s 29. Floricans E11podotis 30. Sanclgrouse Pteroc/es exusrus 3 l. Owls Family Scrigidae 32. Rollers Corocios 011d E11ryslom11s 33. Kingfishers Family Alcedinidac 34. Bee-caters Family Mcropidae 35. Hoopoes Up11pa 36. Hombills Family Bucerotidac 37. Swifts Family Apodidae 38. Barbels Family Capilonidae 39. Woodpeckers Family Picidae 40. Bro:idbills Serifoplms and Psarisom11s 41. Pi11as Pirra 42. Larks Family Alaudid.ie 43. Manins and Swallows Family Apodidae 44. Blue-bird 45. Minivets and Cuckoo-shrikes Family Pericrocotidac 46. Flycatchers, Short wings, Family Muscicapidae (Musci Babhlcrs. Laughing-thrushes, capinae. Timaliinae, Sylviinae, Warblers, Red-starts, Robins, Turdinae and Troglodytinae) Blackbird. Thrushes, Chats, Whistling lhrush. Forktails, Wrens 47. Pipits and Wagtails Family Moiacillidae 48. Shrikes Lanius 49. Swallow"shrikcs Arram11s 50. Creepers and Nulhatches Family Siuidac 51. Tits Family Paridac 52. Flowerpeckers Family Dicaeidae 53. Sun birds Family Neclariniidae 54. Finches and Buntings Family Fringillidac 55. Weaver-birds and Munias Family Ploceidac 56. Orioles Orio/us 57. Drongoes DiCTIIT/IS 58. Jays, Magpies, Tree-pi cs, Family Corvidae Choughs and Crows 59. ll1e Great Indian Bus1ard Choriotis 11igriceps. An S'lr~~ rr~n,. 274 The \Vest Bengal Wild Life Preservation Act, 1959. [West Ben. Act XX V of 1959.) (The Second Schedule.) The Second Schedule. lSee seclion 6(1).] Animals for which a pan of the year may be notified as close tirne. l. Barking deer stags with horns not in velvet 2. Sambar with horns nol in velvel 3. Serow 4. Gorn] 5. Hares 6. All kintls of geese, teals, ducks, etc., except the Pink-headed duck am.I the White-winged wood-duck 7. Panridgcs and quails 8. Kalij pheasant 9. Jungle-fowl IO. Peafowl 11. Cranes (excepting Saras) 12. Rails, Crakes, Wacerhens, Moorhens and Coot 13. Buuon-quails 14. Jacanas 15. Snipes and Woodcock, Painted snipe 16. All doves and pigeons except rock-pigeon M1111tiac11s muntillk Cerv11s w1icolor Capricomis s11matrae11sis Nae111orhed11s goral Lepu.'i and Caprolag11s Francoli1111s, Cotumix, Predirnla A rborophila Lophura Je11comela11a Gallus gaflus Pavo cristat11sc Family Gruidae Family Rallidae Tumix Family Mctopidae Ga/li11ago, Scolopax and Rustrarula Family Columbidae except Colllmba /ivia.