ELEPHANTS PRESERVATION ACT, 1879
It extends to the territories now respectively administered by the State Governments of Uttar Pradesh, the Madhya Pradesh and the Chief Commissioners of Coorg; and the State Governments may extend it to any other local area which immediately before the 1st of November, 1956, was not comprised in a Part B State by notification in the Official Gazette.
[Repealed by the Repealing and Amending Act, 1930 (8 of 1930), section 3 and Schedule II].
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 preson;
(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 licence under this Act.
State Amendment
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.”.
Every wild elephant captured and the tusks of every wild elephant killed, by any person not licenced under this Act, shall be the property of Government.]
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1. Subs. by Act 2 of 1883, for the original section.
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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 licences to kill, or to capture or to kill and capture wild elephants in such district:
Provided that no such licence shall authorize any person to enter upon any land without the consent of the owner or occupier thereof.
State Amendment
Assam.—In its application to the State of Assam the principal Act has been amended by Assam Act 14 of 1959 (w.e.f. 14-5-1959) as under:—
(a) In section 5 of the principal Act, between the words “may” and “subject” the words “with the approval of the State Government and” shall be inserted.
(b) After section 5 of
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 licences 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 licences shall continue in force; and
(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.
State Amendment
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 licence 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 licence under this Act is convicted under this section, such licence shall become void and shall be delivered up to the convicting Magistrate.
Any officer of Revenue or Police, or any forest officer, who may find any person killing, injuring 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 licence granted to him under this Act.
Any person who, on such request, wilfully refuses or is unable to produce and show such licence 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 toone hundred rupees.
Every prosecution under this Act shall be commenced within six months from the commission of the offence in respect of which it is instituted.
The amount or value of any fee payable under any licence granted under this Act may be recovered from the licensee as if it was an arrear of land revenue.
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