LexThe West Bengal Wild Life Preservation Act, 1959
West Bengal · state statute
Open in Lexace · Ask the AI about this actWest Bengal Act XXV of 1959
THE WEST BENGAL WILD LIFE PRESERVATION
ACT, 1959.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette,
Extraordinary, of the 24th December, 1959.]
[24th December, 1959.]
An Act to provide for the better preservation 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 :—
41.
CHAPTER I.
Preliminary.
1.. (1) This Act may be called the West Bengal Wild Short
Life Preservation Act, 1959. title,
extent and
(2) It extends to the whole of West Bengal. - commence-
(3) It shall come into force in such areas as the State
Government may by notification in the Official Gazette
appoint and different dates may be appointed for different
areas.
2. In this Act, unless there is anything repugnant in Defiut.
the subject or context,— — tio ns.
(a) "animal" includes quadrupeds, birds, fish and
reptiles, and young ones thereof ;
(b) "Collector" means the Collector of a district or any
other officer appointed by the State Government
to discharge the functions of a Collector under
this Act;
(c) "hunting" means killing, chasing, pursuing, captur-
ing or wounding and includes also the seizing or
destroying of eggs or nests or any attempt or any
device to do any of the foregoing acts ; and
grammatical variations of the word shall be
construed accordingly;
(d) "land" includes water and includes also the soil and
sub-soil and rights to mines and minerals and all
forests, jungles, trees and vegetation standing or
growing on land;
2 The West Bengal Wild Life Preservation Act, 1959.
[West Ben. Act
(Chapter 11.—Authorities under the Act.—Sections 3, 4. )
(e) "licence" means a licence issued under this Act;
(f) "prescribed" means prescribed by rules made under
this Act;
(g) "trophy" means any dead animal or any part of any
animal or any eggs or nests, preserved as a relic
or for show ;
Explanation.—P art of an animal includes the head, horn,
antlers, skin, tusk, tooth, bone, claw, hoof, hair or
feather, but does not include any article manu-
factured or prepared therefrom;
(h) "wild life" or "wild animal" means any animal
specified in the First or the Second Schedule, when
in a wild state.
CHAPTER II.
Appoint-
ment of
officers.
Authorities under the Act.
-3. (1) The State Government may for the purpose of
this Act appoint the following officers, namely :—
(a) A Chief Wild Life Preservation Officer for West
Bengal,
(b) Regional Wild Life Preservation Officers,
(c) Divisional Wild Life Preservation Officers,
(d) Game Wardens, either honorary or stipendiary, and
(e) such other officers and servants 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 that the State Government may terminate the
tenure of office of an Honorary Game Warden earlier, if
in its opinion, his services are no longer required.
Powers,
duties and
functions,
etc.
4. (1) The powers, duties and functions of the officers
referred to in sub-section (1) of section 3 shall be such as
are mentioned in this Act or as may be prescribed.
(2) All officers referred to in clauses (a), (b), (a) and (d)
of sub-section (1) of section 3 shall be deemed to be public
servants, within the meaning of section 21 of the Indian
onal Code.
Act XL V
of 1860.
The West Bengal Wild Life Preservation Act, 1959. 3
XXV of 1959.]
(Chapter 111.—Hunting of Wild Animals.—Scctic ,ns 5-7.)
CHAPTER III.
Prohibitioti
Hunting of Wild Animals.
of. hunting 5. No person shall hunt any wild animal except under
a licence and in accordance with prescribed conditions eazninicepatis
licence.
specified in such licence.
6. (1) The State Government may, by notification in
the Official Gazette, declare the whole year to be a close
time for wild animals mentioned in the First Schedule and
may, by like notification, declare what period or periods
during the year shall be close time for animals ref erred to
in the Second Schedule.
Close
time.
During the close time specified for any wild animal,
it shall not be lawful to hunt such wild animal anywhere
within West Bengal, where this Act is in force :
Provided that if the State Government thinks it fit 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 public interest, at any time, make any alterations
or changes in any of the Schedules.
7. (1) No person shall hunt any wild animal from or
by _means of a 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 poison
or poisoned weapons.
• (4) No person shall for the purpose of hunting wild
animal set fire to any vegetation.
(5) No person shall use any artificial light for the purpose
of hunting any wild animal (except in the case of carnivora).
(6) No person shall hunt 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 salt-lick
or water-hole or on paths and approaches to the same.
Restric-
tions
on the
methods
of
hunting.
4 The West Bengal Wild Life Preservation Act, 1959.
[West Ben. Act
Proce-
dure for
obtaining
licence.
Duration
and
canceller•
tion of
licences„
Licence.
holder to
keep
record.
( Chapter 111.—Hunting of Wild Animals.—Sections 8-10.)
8. (1) Any person desiring to obtain a licence shall
apply to the 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 deems necessary, either grant or
refuse such licence.
(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 the person
on request a brief statement of the same unless in any case
he records his opinion that it will not 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 to the Regional Wild Life
Preservation Officer concerned. No such appeal shall be
disposed of unless the appellant has been given an opportu-
nity of being heard. An order passed in appeal shall,
subject to 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 revision shall be final and conclusive :
Provided that no order shall be passed in revision which
adversely affects any person unless such person has been
given an opportunity of being heard.
(6) The fee for a licence shall be as may be prescribed.
9.. (1) 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 comply with the conditions specified in the
licence, cancel such licence, after giving the holder an
opportunity of being heard. Where a licence is cancelled
as aforesaid, any person aggrieved shall have the same right
of appeal and revision as if the licence had been refused.
10. (1) The holder of every licence shall keep a record
containing such particulars as may be prescribed, of all wild
animals hunted by him during the currency of the licence.
(2) Not 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 (1) to the Divi-
sional Wild Life Preservation Officer concerned and shall
also furnish him with a declaration in the prescribed form
certifying the accuracy of the record.
The West Bengal Wild Life Preservation Act, 1959. 5
XXV of 1959.]
(Chapter I -V.—Wild Life Sanctuaries.—Sections 11, 12.)
CHAPTER IV.
Wild Life Sanctuaries.
11. (1) If the State Government thinks it fit to do so
in the public interest, it may in respect of any area which
in its opinion is fit to be a Wild Life Sanctuary, issue a
proclamation in the Official Gazette—
(a) stating that in its opinion, the area is fit to be a
Wild Life Sanctuary and that the State Govern-
ment intends to acquire such area for establishing
a Wild Life Sanctuary;
(b) specifying as nearly as possible the situation and the
limits of such area.
(2) -Upon the issue of such a proclamation,—
(a) no person shall cut down any tree or vegetation or
clear any forest or jungle or hunt any wild animal
within such area;
(b) an officer of Government generally or specially
empowered in this behalf may enter upon such
land with workmen and other suitable persons
and make surveys and measurements, dig and
bore into the 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 period of at least three months from the date
of such proclamation, the State Government may, by notifica-
tion in the Official Gazette, declare the area to 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 interests and incumbrances in
favour of any person, except so much of such land as has
already vested in the State under the West Bengal Estates
Acquisition Act, 1953.
(4) For the purposes of this section, it shall be sufficient
to specify the situation and the limits of any area by roads,
rivers, ridges or other well-known or readily intelligible
boundaries,
8
4
West
Ben. Act
I of 1954.
Wild Life
Sanctu-
aries.
12. (1) Any person whose land or interest in land or
incumbrance in land Tests in the State 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.
(2Y Every such application shall describe the land or
the nature and extent of the interest or incumbrance of the
applicant in the land, as the case may be.
Principles
to be
followed
in fixing
compen-
sation.
Prohibi-
tion of
hunting in
Wild Life
Sanctu-
aries.
Fi The West Bengal Wild Life Preservation Act, 1959.
[West Ben. Act
(Chapter Life Sanctuaries.—Sections 1 —15.)
(3) The amount of compensation payable shall be the
price, which, in the opinion of the Collector, the land or the
interest or the incumbrance would have fetched in the open
market if it had been sold on the date of the declaration.
(4) In determining the amount of compensation payable
under sub-section (3), the Collector shall give the applicant
an opportunity of being heard and shall also take such
evidence and make such enquiries, if any, as he thinks fit.
(5) An appeal shall lie to the Commissioner of the Divi-
sion in which the area is situated against an order of the
Collector determining and awarding compensation. Any
order passed on such appeal shall be final and conclusive.
13. (1) 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 the date of the last
order awarding compensation.
(2) Where the amount of compensation awarded under
this 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 shall be paid
in bonds carrying interest at 2i per cent. per annum on the
total sum awarded (less the sum of Rs.5,000 paid) with
effect from such date and payable in ten equal annual
instalments, the first annual instalment being due on the
day one year after such date.
14. No person shall hunt any animal in any Wild Life
Sanctuary :
Provided that the Regional Wild Life Preservation
Officer concerned, may, if he thinks that it is necessary that
any animals should be hunted, for better preservation of
other animals, authorize any person whom he deems suitable
to hunt the first-mentioned animals, either temporarily for
a specific period or permanently, and with or without any
licence.
Manner of
payment
of com-
pensation.
15. No person other than,—
(a) a public servant on duty,
(b) any person passing along a public highway running
through a Wild Life Sanctuary, •
shall enter or reside within a Wild Life Sanctuary except
under a permit issued by the officer prescribed in this behalf.
Permit to
enter or
reside
within
Wild Life
Sanctuary.
I-
The West Bengal Wild Life Preservation Act, 1959. 7
XXV of 1959j
(Chapter V .—Business in Trophies and Pet Animals.—Sectians 16,
17.—Chapter VI.—Offences and Penalties.—Sections 18, 19.)
CHAPTER V.
Business in Trophies and Pet Animals.
to
16. (1) No person shall carry on the business of a trophy Busi fits e dealer or a dealer in pet animals except under and in accord- cert
be
ante with the conditions of a business certificate granted under obtained
this chapter. for
dealing in
(2) Nothing in this section shall require any person to trophies
obtain a business certificate— and pet
animals.
(i) for possessing pet animals, not exceeding twelve i n
number, or
(ii) for possessing trophies which have been lawfully
acquired by him,
provided such animals or trophies are kept by him for his
individual use or benefit.
17. (1) A business certificate referred to in section 16 Issue of
may be issued by the officer prescribed in this behalf on bness
certificates,
application made in that behalf and on payment of such fees the period
as may be prescribed. of their
validity
(2) Every such business certificate shall be valid for one anci
year from the date of issue. records
and
(3) Every holder of such business certificate shall keep returns.
such record and submit such return to the officer referred
to in sub-section (1) as may be prescribed.
CHAPTER VI.
Offences and Penalties.
18. (1) Any person who contravenes the provisions of
section 5, sub-section (2) of section 6, section 7, section 10,
section 14, section 15, sub-section (1) of section 16 or sub-
section (3) of section .17, shall be guilty of an offence under
this Act and shall, on conviction, be punished with imprison-
ment which may extend to six months or with fine which
may extend to Es. 500 or with both.
(2) When a person is convicted of an offence under this
Act, the court convicting such person may also order that
any animal or trophy in respect of which the offence has been
committed, or any weapon or instrument, vehicle or vessel
used in committing 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 court shall take cognizance of an offence under
this Act except on written complaint of any officer referred
to in clause (a), (b) or ( c) of sub-section (1) of section 3 or
Offences
and
penalties.
Cogni-
zance of
offences
6 x The West Bengal Wild Life Preservation Act, 1959.
Power of
entry,
search,
seizure
and
arrest,
[West Ben. Act
(Chapter -H.—Offences and Penalties.—Sections 20, 21.)
of a police-officer not below the rank of a Sub-Inspector of
Police and unless the prosecution is instituted within three
months from the date on which the offence is alleged to have
been committed.
20. (1) , Any officer referred to in clause (a), (b) , (c), or (d) of sub-section (1) of section 3 or any police-officer not
below the rank of a Sub-Inspector of Police may, if he has
reasonable grounds for believing that a person has committed
an offence under this Act,—
(a) require such person to produce for his inspection, any
animal or carcase thereof, or any trophy in his
possession, or any licence, permit or business certi-
ficate issued to him under this Act ;
(b) stop, enter and search any vehicle or vessel in the
occupation of any person and open and search any
package or other thing in his possession;
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 committed such offence.
(2) Any officer arresting a person under clause (d) of sub-section (1) may release him on his executing a bond in the
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
(1) is not released under sub-section (2), the officer arresting
him shall forthwith take and produce him to the officer-in-
charge of the nearest police-station, who shall deal with him
according to law.
(4) Any officer making any seizure under clause (c) of sub-
section (1) shall forthwith take and produce the objects
seized to the officer-in-charge of the nearest police-station,
who shall deal with them according to law.
Compound-'; 21. Notwithstawling anything contained in the foregoing ing o
ences.
f sections of this chapter, where a person is alleged to have off r;ommitted an offence under this' Act, an officer referred to
in clause (a), (b) or (c) of sub-section (1) of section 3, may,
in accordance with such rules as may be prescribed, accept
from such person, by way of composition of such offence, a
sum not exceeding Rs.200, as may be .ktermi -ned by him.
Upon payment of such sum within such period as may be
prescribed, no proceedings shall be commenced against such
person and any proceedings already started shall not be
further proceeded with.
(a)
••
The West Bengal Wild Life Preservation Act, 1950. 9
XXV of 1959.]
(Chapter 1 711.—Miscellaneons.—Sections 22-27.)
CHAPTER VII.
Miscellaneous.
22. Nothing in this Act shall be deemed to apply to Killing Cr
the killing or wounding in good faith of any animal by any oun ding
in defence
w
person in defence of himself or any other person or of any of p ppeerrs toyn
or
r o.
property.
23. Nothing in this Act shall be deemed to affect the Act VI of
1879,
Elephants' Preservation Act, 1579, as amended in its applica- Ben. Act
V of 1932
tion to West Bengal or the Bengal Rhinoceros Preservation and Ben.
o f
1t 9I3TII2 I
Act, 1932, and those Acts shall continue to apply as if this not
Act had not come into force. affected.
24L Save as otherwise provided in the Constitution of Bar of
India, no court shall have jurisdiction in any matter relat- iurisdic.
ing to licences, permits or business certificates or compensa- Lion.
tion under this Act.
25. No suit, prosecution or legal proceeding shall lie Indem.
against any person for anything in good faith done or intend- nits.
ed to be done under this Act or the rules made thereunder.
Act VI
of 1879.
Ben. Act
VIII of
1932.
26. (1) The State Government may make rules for carry- Rules,
ing out the provisions of this Act.
(2) In particular, and without prejudice to the foregoing
power, such rules may provide for all or any of the 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 proce-
dure to be followed in appeals ;
(iii) the fee to be paid for a licence or a business certi-
ficate and the time and manner of payment of such
feeS;
(iv) the management of Wild Life Sanctuaries;
(v) the conditions to be observed by persons who have been
permitted to enter or reside in a Wild Life
Sanctuary.
Act VIII
of 1912.
27. The Wild Birds and Animals Protection Act 1912, RePeal '
shall stand repealed in its application to West Bengal in
the areas in which this Act comes into force.
10 The West Bengal Wild Life Preservation Act, 1959.
[West Ben. Act
(The First Schedule.)
The First Schedule.
[See section 6(1).]
Animals for which the whole year may be notified as close time.
1.
2.
3.
4.
5.
6.
Pangolin or Scaly ant-eater
Lesser Panda or Cat-bear
Elephant
Rhinoceroses
Pygmy hog
Female deer of all kinds
ill anis crassicaudata
Ailurus fulgens
Elephas inaximus
Rhinoceros
Sus salvanius
7. Male deer when hornless or in
velvet
8. Mouse deer .Tragulus 911eminna
9. Cheetal deer A.vix axis
!0. Hog deer Axix porcinus
11. Swamp deer Cerinls duvauceli.
12. Gaur or Indian bison Bos gaurus
13. Buffalo Bubalus
14. Common Monitor or Grey laud
lizard
Varanus monitor
15. Yellow land lizard Varanus flavescens
16. Ringed or water lizard Varanus salvator
17. Python Python 771011ous
18. Indian egg-eating snake Elachistodon. TVestennanni
19. Indian Salamander Tylotriton verrucosus
20. Birds of prey (diurnal), except Order Falconiformes, except Acci-
sparrow-Hawks, Fishing
Eagles, Marsh-Harrier, and
piter nisus, Accipiter virgatus,
Haliaeetus, Ichthye-phaga, Circus
Shahin and laggar Falcons aeruginosus, Falco peregrinus
and Falco chiquers
21. Herons and Egrets Family Ardeidae
22. Storks, Ibises and Adjutants Family Threskiornithidae
23. Pink-headed duck Rhodonessa caryophyllacea
24. White-winged Wood-duck C airin a acutulats
25. Spur-fowls Galloperdix
26. Blood-pheasant Ithaginis cruentus
27. Tragopan Tragopan satyra
The West Bengal Wild Life Preservation Act, 1959. 11
XXV of 1959.]
(The First Schedule.)
28. Monal or Impeyan pheasant
29. Floricans
30. Sandgrouse
31. Owls
32. Rollers
33. Kingfishers
34. Bee-eaters
35. Hoopoes
36. Hornbills
37. Swifts
38. Barbets
39. Woodpeckers
40. Broadbills
41. Pittas
42. Larks
43. Martins and Swallows
44. Blue-bird
45. Minivets and Cuckoo-shrikes
46,. Flycatchers, Shortwings,
Babblers, Laughing-thrushes,
Warblers, Red-starts, Robins,
Blackbird, Thrushes, Chats,
W histling thrush, Fork -tails,
Wrens
47. Pipits and Wagtails
48. Shrikes
49. Swallow-shrikes
50. Creepers and Nuthatches
51. Tits
52. Flowerpeckers
53. Sunbirds
54. Finches and Buntings
55. Weaver-birds and Munias
56. Orioles
57. Drongoes
58. lays, Magpies, Tree-pies,
Choughs and Crows
59. The Great Indian Bustard
GO. Saras Crane
Lophophorus impejanus
Eupodotis
Pterocles exustus
Family Strigidae
Coracias and Eurystomus
Family Alcedinidae
Family Meropidae
U pupa
Family Bucerotid ae
Family Apodidae 0
Family Capitonidae
Family Picidae
Serilophus and Psarisomus
Pitta
Family Alaudidae
Family Apodidae
Family Pericrocotidae
Family Muscicapidae
(Muscicapidae, Timaliinae, Sylvii-
nae,
Turdinae and Troglodytinae)
Family Motacillidae
Lanius
Artamus
Family Sittidae
Family Paridae
Family Dicaeidae
Family Nectariniidae
Family Fringillidae
Family Ploceidae
Oriolus
Die Mina
Family Corvidae
Choriotis nigriceps.
Francolinus, Coturnix.,
Predicula Arborophila
Lophura leucomelana
Gallus gallus
Pavo cristatusc
Family Gruidae
Family Rallidae
Turviz
Family Metopidae
Gallinago, Scolopa,v and Rostratula
Family Columbidae
except Columba livia.
12 The West Bengal Wild Life .Preservation Act, 1959.
[West Ben. Act XXV of 1959.]
(The Second Schedule.)
The Second Schedule.
[See section 6(1).]
Animals for which a part of the year may be notified as close time.
1. Barking deer stags with horns
not in velvet
Mvntiacus muntiak
2. Sambar with horns not in
velvet
Cervus‘unicolor
3. Serow Capricornis sumatraensis
4. Goral Naemorhedus goral
Hares Lepus and Caprolagus.
6. All kinds of geese, teals,
ducks, etc., except the Pink-
' headed duck and the White-
winged wood-duck
7. Partridges and quails
8. lialij pheasant
9. Jungle-fowl
10. Peafowl
11. Cranes (excepting Saras)
12. Rails, Crakes, Waterhens,
Moorhens and Coot
13. Button-quails
14. Jacanas
15. Snipes and Woodcock, Painted
snipe
1.6. All doves and pigeons except
rock-pigeon
W.LIGP-60/61-58A-5M