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ELEPHANTS' PRESERVATION ACT

Ministry of Law and Justice

Act nº 6 of 1879


  • Act nº 6 of 1879

Preamble

THE ELEPHANTS PRESERVATION ACT, 1879

[Act, No. 6 of 1879]

[22nd March, 1879]

PREAMBLE

An Act for the preservation of wild elephants.

WHEREAS it is expedient to provide for the preservation of wild elephants; It is hereby enacted as follows--

Section 1. Short title

This Act may be called the Elephants' Preservation Act, 1879:

It extends to the territories now respectively administered by the Lieutenant-Governor of the North-western Provinces and the Chief Commissioners of Oudh, the Central Provinces, [The words "British Burma" repealed by the A.O.1937.] and Coorg; and the 1 [State Government] may [The words "with the previous sanction of the G.G.in C." repealed by Act 38 of 1920, section 2 and Schedule 1.] extend it to any other local area [The Act has been extended to the following places, namely:--

Kila Sukindah, in Cuttack, see Calcutta Gazette, 1882, Part I, p.278.

the District of Midnapur, Ben.R.and O.;

the District of Kamrup, Darran, Naugong, Sibsagar, Lakshimpur, Cachar, the Naga Hills and the Khasi and Jaintia Hills, see Assam Gazette, 1880, p.340.

the Garo Hills (with the exception of certain portions of the estates of the zamindar of Bijni), see Assam Gazatte, 1899, Part II, p.431.

the Eastern Duars in the District of Goalpara, see Assam Gazette, 1883, Part I, p.2 ; the Makokehand

Sub-division of the Naga Hills District, see Notification No.168-J., printed, Assam Gazette, 1891, Part II, p.36; the Lushai Hills, see Gazette of India 1898, Part II, p. 345, Notification No.923-P., dated April 4, 1898.]

2 [which, immediately before the 1stNovember, 1956, was not comprised in a Part BState] by notification in the Official Gazette. (Local extent.)

So far as regards the power to make declarations and rules, it shall come into force on the passing thereof In other respects it shall come into force on the first day of April, 1879.(Commencement).

1. Substituted for "Government of a Part A State or a Part C, State" by 2 A.L.0., 1956.

2. Inserted by 2 A.L.O., 1956.


Section 2. Repeal

Repealed By the Repealing and Amending Act, 1930 (8 of 1930), section 3 and Schedule II.

Section 3. Killing and capture of wild elephants prohibited

No person shall kill, injure or capture, or attempt to kill, injure or capture, any wild elephant unless

(a) in defence of himself or some other person;

(b) when such elephant is found injuring houses or cultivation, or upon, or in the immediate vicinity of, any main public road or any railway or canal ; or

(c) as permitted by a license granted under this Act.

[Substituted by Act 2 of 1883, for the original section.]

Section 4. Rights of Government with respect to certain elephants and tusks

Every wild elephant captured, and the tusks of every wild elephant killed, by any person not licensed under this Act, shall be the property of Government.]

Section 5. License to kill and capture wild elephants

The collector or Deputy Commissioner of any district may, subject to such rules as may for the time being be in force under this Act, grant licenses to kill, or to capture, or to kill and capture, wild elephants in such district:

Provided that no such license shall authorize any person to enter upon any land without the consent of the owner or occupier thereof.

Section 6. Power of State Government to declare what are main roads and canals, and to make rules as to licences

The State Government may from time to time [The words '' subject to the control of the G.G.in C.'' repealed by Act 38 of 1920, section 2 and Schedule I.] declare what shall be deemed to be main public roads and canals within the meaning of this Act, and make rules consistent with this Act for regulating

(a) the grant and renewal of licenses under this Act,

(b) the fees (if any) in money, tusks or captured elephants to be charged on such grant and renewal;

(c) the time during which such licenses shall continue in force.

(d) the conditions (if any) on which they shall be granted.

All such declarations and rules shall be published in the Official Gazette and shall thereupon have the force of law.

Section 7. Penalty for contravening section 3

Whoever, in contravention of section 3, kills, injures or captures, or attempts to kill, injure or capture, any wild elephant, shall be punished with fine which may extend to five hundred rupees for each elephant concerned;

and whoever breaks any condition contained in a license granted under this Act shall be punished with fine which may extend to five hundred rupees.

Any person convicted of a second offence under this section shall be punished with imprisonment which may extend to six months, or with fine, or with both.

When any person holding a license under this Act is convicted under this section, such license shall become void and shall be delivered up to the convicting Magistrate.

Section 8. License to be produced and shown on requisition of certain officers

Any officer of Revenue of Police, or any Forest-officer, who may find any person killing, injuring or capturing, or attempting to kill, injure or capture, any wild elephant, except in the cases mentioned in section 3, clauses (a) and (b), may require him to produce and show a license granted to him under this Act.

Any person who, on such request, willfully refuses or is unable to produce and show such license as aforesaid, shall, in addition to any other punishment to which he may be liable under this Act, be punished with fine which may extend to one hundred rupees.

Section 9. Limitation of prosecution

Every prosecution under this Act shall be commenced within six months from the commission of the offence in respect of which it is instituted.

Section 10. Recovery of fees

The amount or value of any fee payable under any license granted under this Act may be recovered from the licensee as if it were an arrear of land-revenue.