Section 1 - Short title

This Act may be called the Elephants' Preservation Act, 1879:

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of the North - western Provinces and the Chief Commissioners of Oudh, the Central Provinces, [The words "British Burma" repealed ? by the A . O . 1937 . ] and Coorg; and the? ^{[1] ?[State Government] may [The words "with the previous sanction of the G . G . in C . " repealed ? by Act 38 of 1920, section 2 and Schedule 1 . ] extend it to any other local area [The Act has been extended to the following places, namely: --}

KilaSukindah, in Cuttack , see Calcutta Gazette, 1882 , Part I, p. 278 .

the District of Midnapur, Ben. R . and O . ;

the District of Kamrup, Darran, Naugong, Sibsagar, Lakshimpur, Cachar, the Naga Hills and the Khasi and Jaintia Hills, see Assam Gazette, 1880, p. 340 .

the Garo Hills (with the exception of certain portions of the estates of the zamindar of Bijni), see Assam Gazette, 1899, Part? II, p . 431 .

the Eastern Duars in the District of Goalpara, see Assam Gazette, 1883, Part I, p. 2 ; the Makokehand

Sub- division of the Naga Hills District, see Notification No . 168 - J . , printed, Assam Gazette, 1891, Part ? II, p . 36; the Lushai Hills, see Gazette of India 1898, Part ? II, p .? 345, Notification No . 923 - P . , dated April 4, 1898 . ]

^{[2] ?[which, immediately before the?1stNovember, 1956, was not comprised in a Part B State] by notification in the Official Gazette .? (Local extent . )}

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 . (Commencement) . Section 2 - Repeal

Repealed? By the Repealing and Amending Act, 1930 (8 of 1930),?section 3?and Schedule ? II .
Section 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??

1. indefence of himself or some other person;
2. 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
3. as permitted by a license granted under this Act.

[Substituted? by Act 2 of 1883, for the original section.]

[STATE AMENDMENTS

[West Bengal

^{[3] [In Section 3}

The following clause shall be added, namely;-

"(d) such elephant is proclaimed under section 5A.H.]


Section 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.]


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.

[STATE AMENDMENTS

[Assam

^{[4] [In Section 5}

between the words "may" and "subject" the words "with the approval of the State Government and" shall be inserted.]

^{[5] [After Section 5}

the following section shall be inserted, namely.--

"5A. Ally person considering himself aggrieved by an order passed under section 5 for granting licence with the approval of the State Government may file an application for review of the order and the approval, to the State Government within a period of 30 days from the date of the order and thereupon the State Government, after giving a hearing to the parties concerned, may--

1. reject the application, or
2. Where it is of opinion that sufficient ground for review has been established, grant the same,
   1. by withdrawing its approval issued under section 5 and remand the applications to the Deputy Commissioner concerned for fresh enquiry, or
   2. direct the Deputy Commissioner concerned to issue the licence to any of the applicants."

   [Price 06 nP. or Id.]

   [West Bengal

   ^{[6] [After Section 5}

   The following section shall be inserted, namely:-

   "5A. Proclaimed wild 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?^{[7] [State Government) from time to time for the killing of proclaimed wild elephants to any person who shall kill the elephant described in the proclamation.".]]]
   Section 6 - Power of State Government to declare what are main roads and canals and to make rules as to license}
   
   

   The State Government may from time to time [The words '' subject to the control of the G.G.in C.'' repealed? by Act 38 of 1920, section 2 and Schedule I.] 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

   1. the grant and renewal of licenses under this Act,
   2. the fees (if any) in money, tusks or captured elephants to be charged on such grant and renewal;
   3. the time during which such licenses shall continue in force.
   4. 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 AMENDMENTS

   [West Bengal

   ^{[8] [In Section 6}

   After clause (d) of section 6 of the said Act the following clause shall be inserted, namely :-

   "(e) the issue of a proclamation under section 5A.".]

   
   Section 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.
   Section 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.
   Section 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.

   
   Section 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.

   ??

   1. Substituted for "Government of a Part A State or a Part C, State" by 2 A.L.0., 1956. ?

   2. Inserted by 2 A.L.O., 1956. ?

   3. Added by Elephants Preservation (Bengal Amendment) Act, 1932 (Act 5 of 1932). ?

   4. Inserted by Elephants' Preservation (Assam Amendment) Act, 1959. ?

   5. Inserted by Elephants' Preservation (Assam Amendment) Act, 1959. ?

   6. Inserted by Elephants Preservation (Bengal Amendment) Act, 1932 (Act 5 of 1932). ?

   7. Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.respectively. ?

   8. Inserted by Elephants Preservation (Bengal Amendment) Act, 1932 (Act 5 of 1932). ?