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ELEPHANTS' PRESERVATION ACT, 1879
6 of 1879 22nd March 1879
STATEMENT OF OBJECTS AND REASONS
"The slaughter of wild elephants, chiefly of males, whose tusks have reached a marketable size but in some localities of both males and
females, is being extensively practised in British Burma. To prevent this wholesale and indiscriminate destruction - which, if unchecked, must ultimately lead to the extinction of breed,- the present Bill has been framed. The provisions of this Bill are very similar to those of Madras Act 1 of 1873, from which it differs more in form and arrangement than in substance. In common with the Madras Act it prohibits, under penalty, the destruction of wild elephants, except in certain cases, and it provides for the grant of licences for shooting wild male elephants upon waste or forest lands the property of Government, and for the making of rules as to the grant and renewal of such licences. It differs, however, from the Madras Act in omitting the provision of that Act permitting the destruction of wild male elephants upon private waste or forest lands, as there are no private proprietors of forest land in British Burma, and where waste lands have been granted there are no elephants." - Gazette of India, 1878, Pt. V, p. 199.
An Act for the preservation of wild elephants. Preamble Whereas it is expedient to provide for the preservation of wild elephants; It is hereby enacted as follows:-
SECTION 01: SHORT TITLE
- This Act may be called The Elephants' Preservation Act, 1879. Local extent. 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,2[* * *] and Coorg; and the3
[State Government] may 4[* * * *] extend5it to any other local area6[which, immediately before the 1st November, 1956, was not comprised in a Part B State] by notification in the Official Gazette. Commencement 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.
SECTION 02: REPEAL
[Repealed by the Repealing and Amending Act, 1930 (8 of 1930), S. 3 and Schedule II.]
SECTION 03: 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 licence granted under this Act.
SECTION 04: 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 05: 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 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.
SECTION 06: 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 8[* * *] 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 of 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 declaration and rules shall be published in the 9[Official Gazette] and shall thereupon have the force of law.
SECTION 07: PENALTY FOR CONTRAVENING SECTION 3
Whoever, in contravention of section 3-, kills, injures or captures or attempts to kill, injury 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.
SECTION 08: LICENCE TO BE PRODUCED AND SHOWN ON REQUISITION OF CERTAIN OFFICERS
Any officer of Revenue or 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, wilfully 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 09: 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 licence granted under this Act may be recovered from the licensee as if it were an arrear of land revenue
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