Captive Elephant
(Transfer Or Transport) Rules, 2024
[14th
March 2024]
In exercise of the
powers conferred by clause (gviii) of sub- section (1) of Section 63 of the
Wild Life (Protection) Act, 1972 (53 of 1972), the Central Government hereby
makes the following rules, namely:-
Rule 1. Short title and commencement :-
(1)
These rules may be
called the Captive Elephant (Transfer or Transport) Rules, 2024.
(2) They
shall come into force on the date of their publication in the Official Gazette.
Rule 2. Definition :-
(1)
In these rules,
unless the context otherwise requires,-
(a)
"Act"
means the Wild Life (Protection) Act, 1972 (53 of 1972);
(b)
"donor
State" means a State from whose jurisdiction the elephant is going to be
transferred;
(c)
"elephant"
means a captive elephant in respect of which an ownership certificate has been
issued under Section 42 of the Act;
(d)
"elephant
assistant" means a person engaged to assist the Mahout;
(e)
"Form"
means form appended to these rules;
(f)
"mahout"
means the person who manages the elephant;
(g)
"owner"
means a person having a valid certificate of ownership for the elephant issued
under section 42 of the Act;
(h)
"recipient
State" means a State in whose jurisdiction the transfer of elephant is
going to be transferred;
(i)
"veterinary
practitioner" means a person registered with the Veterinary Council of
India established under the Indian Veterinary Council Act, 1984 (52 of 1984);
(2) The
words and expressions used and not defined in these rules but defined in the
Act shall have the meaning respectively assigned to them in the Act.
Rule 3. Application for Transfer of Elephant :-
An application for
transfer of elephant shall be made in Form I to the officer not below the rank
of Deputy Conservator of Forests having jurisdiction over the area where the
elephant is registered.
Rule 4. Inquiry by the Deputy Conservator of Forests :-
(1)
On receipt of the
application under rule 3, the Deputy Conservator of Forests shall:-
(a)
obtain a
certificate of a veterinary practitioner in Form II;
(b)
conduct a detailed
inquiry and physical verification of the facility where the elephant is
presently housed and also the facility where the elephant is proposed to be
housed in case the facility is located within his jurisdiction; and
(c) forward
the application and report in Form III along with the report of veterinary
practitioner within a period of fifteen days to the Chief Wild Life Warden.
Rule 5. Transfer within the State :-
(1)
The Chief Wild
Life Warden after examination of reports may, within a period of seven days by
an order in writing reject or permit the transfer of the elephant, if such
elephant is proposed to be housed within the jurisdiction of the officer
receiving the application under rule 3.
(2)
The Chief Wild
Life Warden shall forward the application and the reports received as per
sub-rule (1)(c) of rule 4 to the officer not below the rank of Deputy
Conservator of Forests having jurisdiction over the area where the elephant is
proposed to be housed and is outside the jurisdiction of the officer receiving
the application under rule 3, within a period of seven days.
(3)
The concerned
Deputy Conservator of Forests shall on receipt of the application and the
reports in accordance with sub-rule (2) conduct a detailed inquiry and physical
verification of the facility and submit report in Form III within a period of
fifteen days to the Chief Wild Life Warden.
(4) The
Chief Wild Life Warden after examination of the application and the reports
may, within a period of seven days by an order in writing reject or permit the
transfer.
Rule 6. Transfer outside State :-
(1)
The Chief Wild
Life Warden of the donor State shall forward the application along with the
reports received as per (c) of sub-rule (1) of rule 4 within a period of
fifteen days to the Chief Wild Life Warden of the recipient State.
(2)
The Chief Wild
Life Warden of the recipient State shall within a period of seven days forward
the application and the reports to the officer not below the rank of Deputy
Conservator of Forests having jurisdiction over the area where the elephant is
going to be housed.
(3)
The concerned
Deputy Conservator of Forests shall on receipt of the application and reports
in accordance with sub-rule (2) conduct a detailed inquiry and physical
verification of the facility and submit report within a period of fifteen days
in Form III to the Chief Wild Life Warden.
(4)
The Chief Wild
Life Warden of the recipient State after receipt of the reports as per sub-rule
(3) shall forward his recommendations to the Chief Wild Life Warden of the
donor State in Form IV within a period of fifteen days.
(5)
The Chief Wild
Life Warden of the donor State after examination of the reports shall, within a
period of seven days by an order in writing reject or permit the transfer.
(6) The
Chief Wild Life Warden of the donor State shall intimate the order of rejection
or permission of transfer to the Chief Wild Life Warden of the recipient State.
Rule 7. Terms and Conditions for transfer :-
(1)
The Chief Wild
Life Warden shall permit the transfer where the ownership certificate in
respect of the elephant proposed for transfer existed prior to coming into
force of these rules except in case of elephant borne from such elephants.
(2)
The transfer of
the elephant may be permitted by the Chief Wild Life Warden, in case:-
(a)
the owner is no
longer in a position to maintain the elephant; or
(b)
the elephant will
have a better upkeep than in the present circumstances; or
(c)
he deems it fit
and proper in the circumstances of the case for better upkeep of the elephant.
(3) No
transfer of an elephant shall be permissible unless genetic profile of the
elephant has been entered in the electronic monitoring application of the
Ministry of Environment, Forest and Climate Change.
Rule 8. Application for Transport of elephant :-
(1)
An application for
transport of an elephant shall be made in Form V to the officer not below the
rank of the Deputy Conservator of Forests having jurisdiction over the area
where the elephant is registered.
(2)
The concerned
Deputy Conservator of Forests shall, on receipt of the application obtain a
report of a veterinary practitioner in Form II and submit his recommendations
in Form III along with the report of veterinary practitioner within a period of
fifteen days to the Chief Wild Life Warden.
(3)
The Chief Wild
Life Warden may, on receipt of the application and reports in accordance with
sub-rule (2), issue a transport permit in Form VI or reject the application by
an order in writing.
(4)
The Chief Wild
Life Warden shall forward a copy of the transport permit to:-
(a)
the concerned
Deputy Conservator of Forests within the state through whose jurisdiction the
elephant is to be transported; and
(b) the
concerned Chief Wild Life Warden through whose jurisdiction the elephant is to
be transported.
Rule 9. Conditions for transport :-
(1)
The transport of
the elephant in respect of which a transport permit has been issued shall be
with the following conditions that:-
(a)
the elephant shall
be accompanied by a mahout and an elephant assistant;
(b)
a health
certificate from a veterinary practitioner to the effect that the elephant is
fit for transport and is not showing any sign of musth or infectious or contagious
disease, is obtained;
(c)
the transport
shall be carried out after the mandatory quarantine period as advised by the
veterinary practitioner r is over, in case of contagious disease;
(d)
the elephant shall
be properly fed and given water before loading;
(e)
necessary
arrangements shall be made for providing food and water to the elephant en
route;
(f) tranquilisers/sedatives
shall be used to control nervous or temperamental elephants upon prescription
by the veterinary practioner.
Rule 10. Validity :-
(1)
The transfer of
the elephant shall be effected within a period not exceeding three months from
the date of grant of permission.
(2)
The validity of
the transport permit shall not be more than one month.
(3) No
extension of validity of permission for transfer or transport permit shall be
granted.
Rule 11. Appeal :-
(1)
An applicant
aggrieved by the refusal of the Chief Wild Life Warden may prefer an appeal to
the administrative Head of the State Forest Department of the concerned State
Government within a period of sixty days from the date of receipt of the orders
of the Chief Wild Life Warden by a written statement sent through registered
post justifying reasons for preferring an appeal.
(2) The
State Government shall pass appropriate orders on the appeal within a period of
thirty days of receipt of the appeal.
Form
I
[See
rule 3]
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Form I
Application for transfer of Elephants
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1.
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Name of the applicant / owner
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2.
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Permanent Address
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3.
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Present Address
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4.
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Date of acquisition of Elephant
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5.
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Name of the present owner of Elephant
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6.
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Address of the owner of the Elephant
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7.
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Address of the housing facility of the Elephant
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8.
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Name of the Elephant (if applicable)
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9.
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Microchip
number
of
the Elephant
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10.
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Age and sex of the Elephant
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11.
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Whether applying for transfer within or outside
state
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12.
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Place of transfer
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From [name of the District, State] To [Name of
the District, State]
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13.
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Address of
the transferee housing facility of the Elephant
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14.
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Purpose of transfer
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15.
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Any other detail
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Undertaking I …………………[name of the applicant] Son
or Daughter or Wife of............................. [Father’s name or
Husband’s Name] hereby declare that all the particulars furnished by me are
true to the best of my knowledge and any detail furnished above, if found to
be false, shall make my application liable for rejection. I shall abide by
all the conditions mentioned in the Captive Elephant (Transfer or Transport)
Rules, 2024 and any other condition that may be imposed by the Chief Wild
Life Warden.
Date:
Signature Place: Name of the Applicant: Present Address of the Applicant:
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List of enclosures:
(1) Authorisation
letter in case the applicant and owner are different
(2) Copy
of the present ownership certificate
(3) Copy
of the Aadhar Card/ Address proof of the present Owner/ Applicant
(4) Registration
Certificate/Certificate of incorporation in case of a Society/Company/Board
etc.
(5) Certificate
of fitness of the Elephant from the veterinary doctor
Form
II
[See
sub-rules (1) (a) of Rule 4 and sub-rule (2) of rule 8]
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Form II
Certificate by the Veterinary practitioner
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1.
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Date and Time of Examination
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2.
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Name of the present owner of Elephant
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3.
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Name of the Elephant (if applicable)
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4.
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Microchip number of the Elephant
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5.
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Age and sex of the Elephant
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6.
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Address of the housing facility of the Elephant
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8.
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Any other detail
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9.
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Recommendations
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Undertaking I, Dr................................................................
, registered as a veterinary practitioner under the Veterinary Council Act,
1984, examined the above described animal on (date).................. and
certify that the animal is sound/ unsound in health.
Place:
Signature:
Date:
Name & Address: VCI Registration No. Email: Contact No:
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Form
III
[See
sub-rule (1)(c) of rule 4, sub-rule (3) of rule 5, sub-rule (3) of rule 6 and
sub-rule (2) of rule 8]
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Form III
Report of the Deputy Conservator of Forests
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1.
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Name and address of the Applicant
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2.
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Name and address of the present owner of Elephant
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3.
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Name of the Elephant (if applicable)
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4.
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Microchip number of the Elephant
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5.
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Age and sex of the Elephant
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6.
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Address and GPS location of the housing facility
of the Elephant
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7.
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Address of the transferee housing facility of the
Elephant along with name of Division and District
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8.
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Date of Inspection by the Deputy Conservator of
Forests having territorial
jurisdiction over the area
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9.
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Whether all the health check up of the elephant
carried out regularly
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10.
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Whether the elephant is fit
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11.
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Any other detail
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12.
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Recommendations
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Date:
Signature
Place:
Name of the Officer: Designation:
To
The Chief Wild Life Warden, Address…..
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Form
IV
[See
sub-rule (4) of rule 6]
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Form IV
Recommendations of the Chief Wild Life Warden of
the recipient State
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1.
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Name and address of the Applicant
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2.
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Name and address of the present owner of Elephant
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3.
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Name of the Elephant (if applicable)
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4.
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Microchip number of the Elephant
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5.
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Age and sex of the Elephant
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6.
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Name and address of the transferee
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7.
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Address of
the transferee housing facility of the Elephant along with
name of Division and District
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8.
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Date of Inspection (if carried out)
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9.
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Recommendations
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Date:
Signature Place: Name of the Officer:
Designation:
To The Chief Wild Life Warden (Donor State),
Address…..
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List of enclosures:
Recommendations
of the Deputy Conservator of Forests having territorial jurisdiction over the
area in recipient State in Form III.
Form
V
[See
sub-rule (1) of rule 8]
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Form V
Application for transport of Elephant(s)
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1.
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Name of the Applicant / Owner
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2.
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Permanent Address
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3.
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Present Address
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4.
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Date of acquisition of Elephant
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5.
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Name of the present owner of Elephant
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6.
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Address of the owner of the Elephant
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7.
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Address of the housing facility of the Elephant
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8.
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Name of the Elephant (if applicable)
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9.
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Microchip
number of the Elephant
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10.
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Age and sex of the Elephant
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11.
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Whether applying for transport within or outside
State
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12.
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Place of transport
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From [name of the District, State] To [Name of
the District, State]
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13.
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Purpose of transport
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14.
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Proposed date of return to original housing
facility (in case of temporary transportation)
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15.
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Name and address of Mahout accompanying the
Elephant
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16.
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Name and address of Assistant accompanying the
Elephant
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17.
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Details of Mahout and Assistant at the place
where the elephant is being transported
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18.
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Any other detail
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Undertaking I …………………[name of the applicant]
Son or Daughter or Wife of...................................
[Father’s name or Husband’s Name] hereby declare that all the particulars
furnished by me are true to the best of my knowledge and any detail furnished
above, if found to be false, shall make my application liable for rejection.
I shall abide by all the conditions mentioned in the Captive Elephant
(Transfer or Transport) Rules, 2024 and any other condition that may be
imposed by the Chief Wild Life Warden.
Date:
Signature Place: Name of the Applicant: Present Address of the Applicant:
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List of enclosures:
(1)
Authorisation
letter in case the applicant and owner are different.
(2)
Copy of the
present ownership certificate.
(3)
Copy of the Aadhar
Card/ Address proof of the present Owner/ Applicant.
(4)
Registration Certificate/Certificate
of incorporation in case of a Society/Company/Board etc.
(5)
Certificate of
fitness of the Elephant from the veterinary practitioner.
(6) Copy
of adhaar card of Mahout and Assistant.
Form
VI
[See
sub-rule (3) of rule 8]
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Form VI
[See sub-rule (3) of rule 8]
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Form VI
Transport Permit for Elephant issued by the Chief
Wild Life Warden
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1.
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Name of the Applicant
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2.
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Name of the present owner of Elephant
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3.
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Name of the Elephant (if applicable)
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4.
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Microchip
number of the Elephant
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5.
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Age and sex of the Elephant
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6.
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Address of the housing facility of the Elephant
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7.
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Transport permitted
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a. From [date] to [date]
b. From [name of District, State] To [name of
District, State]
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8.
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Any other detail
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9.
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Recommendations
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Conditions
for transport:
1. The elephant for which a transport permit has been granted shall be
accompanied by a mahout and an elephant assistant.
2. A health 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 sign of musthor infectious or contagious disease shall be obtained
in;
3. The elephant shall be properly fed and given water before loading;
4. Necessary arrangements shall be made for feeding and watering the elephant
on route;
5. Sedatives, if necessary, shall be used to control nervous or temperamental
elephants only as prescribed by the veterinary practitioner.
6. Any other conditions (to be specified)
Date: Signature
Place:
Name of the Officer:
Designation of Officer:
To,
The Name and Address of the Applicant
Copy to:
1. The Deputy Conservator of Forests having territorial jurisdiction over the
area in which the elephant is registered.
2. The Deputy Conservator of Forests having territorial jurisdiction over the
area through which the elephant is going to be transported.
3. The Chief Wild Life Wardens of all the states in case of inter-state
transport.