Read full ActPreliminary Published vide Notification S.R.O. No. 870/2012, dated 20.12.2012
S. R. O. No. 870/2012. - In exercise of the powers conferred by sub-section (2) of Section 64 of the Wildlife (Protection). Act, 1972 (Central Act 53 of 1972) and in supersession of the Kerala Captive Elephants (Management and Maintenance) Rules, 2003, the Government of Kerala hereby makes the following rules, namely:-
R.1 Short title and commencement.
(1) These rules may be called the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.
(2) They shall come into force at once.
Legal Commentary on Kerala Captive Elephants Management and Maintenance Rules, 2012 - R.1
Introduction
The Kerala Captive Elephants Management and Maintenance Rules, 2012, were established to regulate the management and welfare of captive elephants in Kerala. These rules aim to ensure that elephants are cared for properly, reflecting the state's commitment to animal welfare and conservation.
What does Section Says
Rule 1 of the Kerala Captive Elephants Management and Maintenance Rules, 2012, outlines the short title and commencement of the rules. It states that these rules may be referred to as the Kerala Captive Elephants (Management and Maintenance) Rules, 2012.
Essential Ingredients
- The rules are formally titled and provide a framework for the management of captive elephants.
- They establish the legal basis for subsequent provisions regarding the care and maintenance of elephants.
Scope of Section
- The scope of Rule 1 is primarily administrative, setting the stage for the detailed regulations that follow.
- It serves as an introductory clause that indicates the rules' applicability to all captive elephants within Kerala.
Punishment for Section
- Rule 1 does not specify any punishments; however, violations of the subsequent rules may attract penalties as outlined in the broader legislative framework.
Legal Comments
- Title - The rules are officially titled as the Kerala Captive Elephants (Management and Maintenance) Rules, 2012, indicating their focus on the welfare of captive elephants. - [Source Reference]
- Commencement - The rules came into effect in 2012, marking a significant step in the legal framework governing captive elephants in Kerala. - [Source Reference]
- Regulatory Framework - These rules are part of a broader regulatory framework aimed at ensuring the humane treatment of elephants in captivity. - [Source Reference]
- Mahout Requirement - The rules require that each elephant be cared for by a mahout with at least three years of experience, ensuring that elephants are managed by knowledgeable individuals. - [Source Reference]
- Health Monitoring - The rules mandate that mahouts must monitor the health of elephants, including daily baths and immediate reporting of any health issues to authorities. - [Source Reference]
- Epidemic Reporting - Owners are required to report any epidemic diseases affecting their elephants to the Chief Wildlife Warden, highlighting the importance of public health and safety. - [Source Reference]
- Elephant Data Book - The rules stipulate the maintenance of an "elephant data book" by the owner, which serves as a record for each elephant's health and management history. - [Source Reference]
- Legal Compliance - The Kerala High Court has emphasized the need for strict compliance with these rules to prevent cruelty and ensure the welfare of captive elephants. - [Source Reference]
- Penalties - While Rule 1 does not specify penalties, violations of the rules may lead to penalties under Section 51(1) of the Wildlife (Protection) Act. - [Source Reference]
- Welfare Concerns - The rules address welfare concerns associated with captive elephants, aiming to mitigate issues related to inhumane treatment and inadequate care. - [Source Reference]
- State Responsibility - The Kerala government has a responsibility to enforce these rules effectively, as highlighted by various court directives. - [Source Reference]
- Public Awareness - The rules contribute to raising public awareness about the ethical treatment of elephants and the responsibilities of their owners. - [Source Reference]
- Cultural Significance - Captive elephants hold cultural significance in Kerala, and these rules aim to balance cultural practices with animal welfare. - [Source Reference]
- Enforcement Mechanisms - The rules provide a framework for enforcement mechanisms, including the establishment of committees to address cases of cruelty. - [Source Reference]
- Legal Precedents - The Kerala High Court has set legal precedents regarding the treatment of captive elephants, reinforcing the importance of these rules. - [Source Reference]
- Community Involvement - The rules encourage community involvement in the management and welfare of captive elephants, fostering a sense of responsibility among stakeholders. - [Source Reference]
- Long-term Goals - The overarching goal of these rules is to promote the long-term welfare and conservation of elephants in captivity. - [Source Reference]
- Interdepartmental Coordination - Effective implementation of these rules requires coordination among various government departments, including wildlife and forest authorities. - [Source Reference]
- Research and Development - The rules may also facilitate research and development initiatives aimed at improving captive elephant management practices. - [Source Reference]
- International Standards - The Kerala Captive Elephants Management and Maintenance Rules align with international standards for the treatment of captive wildlife. - [Source Reference]
R.2 Definitions.
(1). In these rules, unless the context otherwise requires,-
(a) "Act" means the Wildlife (Protection) Act, 1972 (Central Act 53 of 1972);
(b) "Cavady" means a person engaged to assist the mahout;
(c) "Chief Wildlife Warden" means the person appointed as such under section 4 of the Act;
(d) "department" means the Kerala Forest Department;
(e) "elephant" means any elephant captured or by kept or bred in captivity;
(f) "Elephant data book" means the register specified by the Chief Wildlife Warden which is to be kept for each elephant by its owner incorporating the details required therein;
(g) "mahout" means a trained person engaged to handle, upkeep and manage captive elephants;
(h) "owner" means a person who owns an elephant as per the provisions of the Act and the Rules made thereunder;
R.3 Housing of elephants.
(1) The owner shall provide a stable (tethering place) in a clean and healthy environment with sufficient shade to keep elephants during its rest period.
(2) Each elephant must be ensured a minimum floor area as specified below:
R.4 Upkeep and Veterinary Care of Elephant.
(1) For taking care of each elephant, the owner thereof shall engage a mahout having at least three years of experience in managing an elephant.
(2) Every mahout shall attend training programmes in elephant care as and when called for by the Forest Department and it shall be the responsibility of the owner to facilitate the above training by relieving the mahout after making suitable arrangements.
(3) The owner shall engage a cavady to assist each mahout.
(4) The mahout shall ensure that the elephant gets a thorough bath every day.
(5) If the elephant is found sick, injured, unduly stressed or pregnant, the mahout shall report the condition to the owner, who in turn shall consult a Veterinary Doctor for providing treatment expeditiously.
(6) Routine examination including parasitic checks shall be carried out regularly and preventive medicines including vaccin
R.5 Cutting Tusks.
(1) The owner of the tusker shall apply for permission of the Chief Wildlife Warden or an officer authorized by him in this behalf through a letter sent by registered post, indicating the location where it will be done and the name of the competent person who would perform the operation for cutting or shaping the tusk at least one month in advance.
(2) The Chief Wildlife Warden shall issue permission within three weeks to carry out the operation in the presence of an officer not below the rank of Forest Range Officer or Forest Veterinary Officer or Assistant Forest Veterinary Officer as instructed by the,, Chief Wildlife Warden.
(3) The officer under whose supervision, the tusks are cut/shaped shall report to the Chief Wildlife Warden, the details of the tusks cut such as length, girth and weight of the tusks.
(4) The Chief Wildlife Warden based on a written request with the details shall issue a certi
R.6 Feeding of elephants.
(1) The owner or the person who is managing the elephant on contract or the person who has taken the elephant for own purpose shall ensure timely supply of wholesome feed with variety, in required quantity to each elephant. Green fodder shall be supplemented by ration as, prescribed by the Veterinary doctor.
(2) The minimum feed supply for elephant shall be as follows:-
R.7 Work Norms
(1) The scale of load including gears, riders and materials for the elephant shall be as follows:-
| Height of elephant | Load |
| R.8 Duties and Responsibilities of owners.(1) If an elephant is affected by any epidemic disease, the owner shall bring it to the notice of the Chief Wildlife Warden immediately. (2) The risk of damage to life and property caused by attack of elephants going amok shall be brought under appropriate Insurance Coverage. Third party Insurance shall also be given for the elephant. (3) The owners shall arrange to cut tusks if advised so by Veterinary Doctor after obtaining required permission from Chief Wildlife Warden. (4) Any elephant going amok and causing death of human beings shall be banned from taking part in temple festivals for consecutive fifteen days. The elephant shall be permitted to take part again in temple festivals only after examination and certification by a three member team of Veterinary Doctors consisting of Forest Veterinary Officer and two Government Veterinary Officers of the concerned district or Forest Veterinary Officer a
R.9 Transport norms for elephant.(1) The owner of the elephant or his authorized agent shall submit application before the officer authorized under sub-section (1) of section 48 (A) of the Act for permission to transport elephant from Kerala to any other State fifteen days before the actual date of transport. (2) No Objection Certificate of the Chief Wildlife Warden of the State to which elephant is transported shall be produced for issuing transport permit. (3) For transportation of the elephant, necessary permission from the Chief Wildlife Warden or any other Officer authorized by the Government in this behalf shall be obtained as provided under section 48 A of the Act. (4) A valid fitness certificate from a Veterinary Doctor to the effect that the elephant is fit to travel by road or rail, as the case may be, and is not showing any signs of infectious or contagious disease shall be obtained in the form given in Appendix II.
Legal Commentary on Kerala Captive Elephants Management and Maintenance Rules, 2012 - Section R.9IntroductionThe Kerala Captive Elephants Management and Maintenance Rules, 2012, were enacted to regulate the management and welfare of captive elephants in Kerala. These rules aim to ensure the humane treatment of elephants, safeguard their health, and promote responsible ownership. What does Section R.9 SaySection R.9 mandates that elephant owners maintain a data book for each captive elephant, as prescribed by the Chief Wildlife Warden. This data book is essential for tracking the health, movement, and overall management of the elephants. Essential Ingredients- Data Maintenance: Owners are required to keep a detailed record of each elephant.
- Regulatory Oversight: The Chief Wildlife Warden prescribes the format and content of the data book.
- Accountability: The data book serves as a tool for accountability in the management of captive elephants.
Scope of SectionThe scope of Section R.9 extends to all owners of captive elephants in Kerala, ensuring that they adhere to the prescribed guidelines for maintaining records. This section is crucial for monitoring the welfare of elephants and ensuring compliance with the rules. Punishment for SectionWhile specific punitive measures for non-compliance with Section R.9 are not detailed in the provided sources, failure to maintain the data book could lead to broader implications under the rules, including potential penalties for neglect or mismanagement of elephants. Legal Comments- Data Requirement - Owners must maintain a captive elephant data book as prescribed by the Chief Wildlife Warden. - [Source Reference]
- Regulatory Framework - The rules provide a structured framework for the management of captive elephants in Kerala. - [Source Reference]
- Welfare Focus - The emphasis on record-keeping reflects a commitment to the welfare of captive elephants. - [Source Reference]
- Owner Responsibility - Owners are held accountable for the health and management of their elephants through documentation. - [Source Reference]
- Chief Wildlife Warden's Role - The Chief Wildlife Warden plays a crucial role in overseeing the maintenance of the data book. - [Source Reference]
- Transport Regulations - Related provisions restrict the transportation of elephants to ensure their welfare during transit. - [Source Reference]
- Epidemic Reporting - Owners must report any epidemic diseases affecting their elephants, highlighting the importance of health monitoring. - [Source Reference]
- Mahout Engagement - Owners are required to engage experienced mahouts, ensuring that elephants are cared for by knowledgeable individuals. - [Source Reference]
- Legal Compliance - Compliance with Section R.9 is part of a broader legal obligation under the Kerala Captive Elephants Management and Maintenance Rules. - [Source Reference]
- Public Awareness - The rules aim to raise public awareness about the ethical treatment of captive elephants. - [Source Reference]
- Judicial Oversight - The Kerala High Court has emphasized the need for strict adherence to these rules, indicating judicial support for elephant welfare. - [Source Reference]
- Cultural Significance - The management of captive elephants is intertwined with cultural practices in Kerala, necessitating careful regulation. - [Source Reference]
- Preventive Measures - The data book serves as a preventive measure against neglect and abuse of captive elephants. - [Source Reference]
- Monitoring Mechanism - The requirement for a data book establishes a monitoring mechanism for the welfare of elephants. - [Source Reference]
- Legal Framework - The rules form part of a comprehensive legal framework aimed at protecting wildlife in Kerala. - [Source Reference]
- Ethical Standards - The rules set ethical standards for the treatment of captive elephants, reflecting societal values. - [Source Reference]
- Enforcement Challenges - Effective enforcement of these rules may face challenges, necessitating ongoing vigilance. - [Source Reference]
- Community Involvement - The rules encourage community involvement in the welfare of captive elephants, fostering a sense of responsibility. - [Source Reference]
- Long-term Impact - Proper implementation of Section R.9 could lead to long-term improvements in the management of captive elephants. - [Source Reference]
- Legal Precedents - The rules may set legal precedents for the management of captive wildlife in other states. - [Source Reference]
R.10 Constitution of District Committee.(1) A District Committee shall be constituted by the District Collector to deal with cases of cruelty meted' out to captive elephants. The Committee shall have the following members: | 1 | The District Collector | Legal Commentary on Kerala Captive Elephants Management and Maintenance Rules, 2012 - Section R.10IntroductionThe Kerala Captive Elephants Management and Maintenance Rules, 2012, were enacted to regulate the management and welfare of captive elephants in Kerala. These rules aim to ensure the humane treatment of elephants, addressing concerns related to their health, safety, and overall well-being. What does Section R.10 SaySection R.10 specifically outlines the limitations on the distance that captive elephants can be made to walk in a day and the conditions under which they can be transported. It mandates that no elephant shall walk more than 30 kilometers in a day and that any transportation exceeding 50 kilometers must be conducted in a vehicle. Essential Ingredients- Distance Limitation: Restricts daily walking distance to 30 kilometers.
- Transportation Regulation: Requires that transportation over 50 kilometers be done in a vehicle.
- Welfare Focus: Emphasizes the health and safety of captive elephants during movement.
Scope of SectionThe scope of Section R.10 extends to all owners and caretakers of captive elephants in Kerala, ensuring compliance with the prescribed limits to prevent undue stress and physical strain on the animals. Punishment for SectionWhile the specific penalties for violations of Section R.10 are not detailed in the provided sources, the overarching framework of the Kerala Captive Elephants Management and Maintenance Rules suggests that non-compliance could lead to legal repercussions, including fines or other sanctions as determined by the District Committee. Legal Comments- Keyword - "Cruelty Prevention" - Section R.10 is part of a broader effort to prevent cruelty to captive elephants by regulating their movement and transportation. - [Source Reference]
- Keyword - "District Committee" - A District Committee is established by the District Collector to address cases of cruelty towards captive elephants, reinforcing the enforcement of Section R.10. - [Source Reference]
- Keyword - "Health and Safety" - The limitations set forth in Section R.10 are crucial for maintaining the health and safety of captive elephants, preventing overexertion. - [Source Reference]
- Keyword - "Legal Framework" - The rules are framed under the authority of the Wildlife (Protection) Act, indicating a strong legal framework for the protection of elephants. - [Source Reference]
- Keyword - "Transportation Guidelines" - The requirement for vehicle transportation over 50 kilometers aims to minimize stress and physical harm to elephants during transit. - [Source Reference]
- Keyword - "Compliance Monitoring" - The implementation of Section R.10 necessitates monitoring by authorities to ensure compliance by elephant owners and caretakers. - [Source Reference]
- Keyword - "Public Awareness" - The rules serve to raise public awareness about the ethical treatment of captive elephants and the importance of adhering to welfare standards. - [Source Reference]
- Keyword - "Mahout Training" - The rules emphasize the need for experienced mahouts, which indirectly supports the objectives of Section R.10 by ensuring knowledgeable care for elephants. - [Source Reference]
- Keyword - "Legal Consequences" - While specific punishments are not detailed, violations of Section R.10 could lead to significant legal consequences under the broader rules. - [Source Reference]
- Keyword - "Cultural Context" - The rules reflect a cultural shift in Kerala towards more humane treatment of elephants, particularly in the context of their use in festivals and tourism. - [Source Reference]
- Keyword - "Judicial Oversight" - The Kerala High Court has been involved in issuing directives related to the enforcement of these rules, indicating judicial oversight in the welfare of captive elephants. - [Source Reference]
- Keyword - "Regulatory Framework" - Section R.10 is part of a comprehensive regulatory framework aimed at improving the management and maintenance of captive elephants in Kerala. - [Source Reference]
- Keyword - "Animal Welfare" - The provisions of Section R.10 align with broader animal welfare principles, emphasizing the need for humane treatment of all captive animals. - [Source Reference]
- Keyword - "Enforcement Challenges" - Despite the existence of Section R.10, challenges remain in enforcement, necessitating ongoing vigilance and action from authorities. - [Source Reference]
- Keyword - "Community Involvement" - The success of Section R.10 relies on community involvement and awareness regarding the ethical treatment of elephants. - [Source Reference]
- Keyword - "Sustainable Practices" - The rules promote sustainable practices in the management of captive elephants, balancing cultural practices with animal welfare. - [Source Reference]
| R.11 Retirement of elephant.(1) An elephant shall normally be allowed to retire from its work on attaining an age of 65 years. (2) Healthy elephants above 65 years of age shall be allowed to be put to light work under proper health certificate issued by the Veterinary Doctor.
R.12 Veterinary Doctor.(1) Only a Veterinary Doctor registered under this rule, shall attempt to tranquilize elephants. (2) For the purpose of tranquilzing elephants Veterinary Doctor shall apply for separate registration before the Chief Wildlife Warden in the form prescribed in Appendix-III. (3) Every application received by the Chief Wildlife Warden for the registration from a Veterinary Doctor shall be examined by a team of experts constituted for the purpose by the Chief Wildlife Warden. (4) The Chief Wildlife Warden shall issue a Certificate of Registration to the Veterinary Doctor in the form prescribed in Appendix-IV on the basis of the recommendation of the expert committee. (5) The Veterinary Doctor shall report to the Chief Wildlife Warden particulars of tranquilization carried out by him in the form prescribed in Appendix-V within 7 days. (6) All the Veterinary Doctors
R.13 Post Mortem and disposal of dead elephant.(1) When death of an elephant occurs, the owner of the elephant shall submit an application to the concerned Divisional Forest Officer for getting permission for the cremation of the elephant. (2) The carcass of the elephant shall be cremated under the supervision of the Divisional Forest Officer taking all the necessary precautions. The Divisional Forest Officer shall give permission for cremating the bOdy of elephant in the forest area after getting the request from the owner of the elephant. (3) Forest Depai talent shall keep all details of the dead elephant including the mahazar, post mortem report and all other registers and documents mentioned in the rule. (4) The facilities mentioned in these rules shall be extended to those elephants which are having ownership certificate under the Act to elephants registered in the State of Kerala and to all elephants which are micro chipped. [See Rule 4 (17)] Certified That I have this day the (In Words) ...........................examined at the request of ........................... the owner/custodian/representative/ Contractor/festival Authority/ .....................................(Designation Of The Government Official *) The Elephant With The Description Given Hereunder. (*competent Forest/Police/Revenue Official) | Name of Elephant | [See Rule 4 (18) and Rule 9 (4)] (This certificate should be completed and signed by a Veterinary Doctor) Date and Time of Examination................................. Number of Elephants........................................w Name of Elephants........................................ Age/Sex................................................................ Number of Cages.................................................... I hereby certify that I have read Rule 9 (4) of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012. 1. That, at the request of (consignor) I examined the above mentioned elephants in their travelling cages not more than 12 hours before their departure. Appendix.III Application for Registration of Veterinary Doctors[See Rule 12 (2)] Appendix.IV Certificate of Registration[See Rule 12 (4)] | Registration No: | | [See Rule 12 (5)] |
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