No: 25 Dated: Dec, 24 1959

THE WEST BENGAL WILD LIFE PRESERVATION ACT, 1959

West Bengal Act XXV of 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 :—

CHAPTER I 

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Wild Life Preservation Act, 1959.

(2) It extends to the whole of West Bengal.

(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. Definitions:- In this Act, unless there is anything repugnant in the subject or context,—

(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, capturing 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;

(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.—Part of an animal includes the head, horn, antlers, skin, tusk, tooth, bone, claw, hoof, hair or feather, but does not include any article manufactured 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

Authorities under the Act

3. Appointment of officers:- (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.

4. Powers, duties and functions, etc:- (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 Penal Code.