The Elepahnts Preservation Act, 1879
The Elepahnts Preservation Act, 1879
[Act No. 6 of 1879]
[AS ON 1955]
[22nd March 1879.]
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:– (Preamble)
This Act has been declared to be in force in the Angul District by the Angal Laws Regulation 1936) (5 of 1936). It has been amended in its application to Bengal by the Elephants’ Preservation (Bengal Amendment) Act, 1932 (Ben.5 of 1932), and in its application to the district of Sambalpur and Agency tracts of Ganjam and Doraput by the Elephants Preservation (Amendment) Regulation, 1938 (Orissa Reg.1 of 1938). Elephants; Preservation (Amendment) Regulation, 1938 (Orissa Reg.1 of 1938).
[Rep. by the Repealing and Amending Act, 1930 (8 of 1930), s.3 and Sch.II.]
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.
Bengal Amendment :- By Bengal Act 5 of 1932 the following new clause was added to section 3.
(d) such elephant is proclaimed under section 5-A.
4. Rights of Government with respect to certain elephants and tusks
1[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.]
Subs. by Act 2 of 1883, for the original 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.
Bangal Amendment.- By Bengal Act 5 of 1932 the following new section was inserted after section 5:
“5-A. Proclaimed elephants may be killed.- The Collector or Deputy Commissioner of any district if satisfied that any wild elephant has become dangerous to human life and property may subject to such rules as may for the time being be in force under this Act issue a proclamation giving a description of the elephant and offering the reward fixed by the State Government from time to time for killing of the proclaimed wild elephants to any person who shall kill the elephant described in the proclamation.
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 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.
Bengal Amendment.- By Bengal Act 5 of 1932 the following clause was added to section 6:
“(e) the issue of a proclamation under section 5-A.”
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.
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.
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.
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.