Section 1 - Local Extent This Act extends to the territories, for the time being subject to the Government of the Presidency of Fort St. George; and [1] [Commencement.-- It shall come into force on the first day of October, 1873 [2] . [3] [The Governor? [4] [* * *] may from time to time by notification in the Official Gazette, withdraw the operation of this Act or any provisions thereof from any area to which the Elephants' Preservation (Amendment) Regulation, 1938 applies for any period to be specified in the notification]. From and after the said day the destruction of wild elephants is prohibited except as hereinafter provided. [5] [Whoever not being authorised thereto by a licence granted under the provisions of Section 3-A, shoots at or intentionally destroys and whoever abets within the meaning of the Indian Penal Code, any person not authorised as aforesaid in shooting at, or destroying] any wild female elephant upon Waste or forest land, whether such land be the property [6] [of Government] or otherwise, shall be liable to a penalty not exceeding five hundred rupees, and in default of payment to simple or rigorous imprisonment for a period not exceeding three months. Penalty on Second Conviction.-- ?Any person convicted under this Act of any offence committed after his previous conviction under this Act shall be liable to penalty not exceeding one thousand rupees, and in default of payment, to simple or rigorous imprisonment for a period not exceeding six months. [7] [The District Collector, it specially authorised by the Board of Revenue may subject to such rules as may from time to time be made by the [8] [State Government] on the application of any person grant to such person by name a special licence to shoot or destroy wild female elephants upon waste or forest lands in a specified area situated within the district whether such lands be the property? [9] [of the State] or otherwise subject to such, conditions and restrictions as the Board of Revenue may direct or as the District Collector may think fit for a period not exceeding one year from the date of the grant of the licence. For Statement of Object and Reasons, see Fort St. George Gazette Supplement dated 25.2.1873, Part 4. Every such licence shall become void at the expiration of the, said period, but may be renewed by such Collector for any period not exceeding one year: Provided that every such licence shall become void upon the conviction under this Act of the person to whom such licence was granted]. Penalty for Destroying Male Elephant on the[10] [State] Land without Licence. Whoever, not being authorised thereto by a licence granted under the provisions of Section 7, shoots at or intentionally destroys?[11] [and whoever abets within the meaning of the Indian Penal Code, any person not authorised aforesaid in shooting at or destroying] any wild male elephant upon waste or forest land the property of the [12] [State] shall, upon first or second conviction, be liable to the penalties and periods of imprisonment respectively provided for a first or second conviction in Section 3 of this Act. Nothing in this Act shall be deemed to prevent any zamindar or other proprietor or occupier of land, or any person duly authorised in that behalf by any such zamindar, proprietor, occupier from destroying wild mate elephants upon the waste or forest lands or such zamindar, proprietor or occupier. Nothing in this Act shall be deemed to prevent any person from shooting at or destroying any wild male or female elephant found upon cultivated lands or upon or in the immediate vicinity of any public road, or to prevent any person from shooting at, or destroying, any male or female elephant in defence of himself or any other person. The Collector or other officer-in-charge of a district may, subject to such rules as may, from time to time, be made by the?[13] [State Government] issue a licence to any person authorising him by name to shoot wild male elephants upon waste or forest lands the property of the? [14] [State] in, such district, for the periods of one year from the date of the grant of such licence. Every such licence shall become void at the expiration of them said period, but may be renewed by such Collector or other officer for a like period: Provided that every such licence shall become void upon the conviction under this Act of the person to whom such licence was granted. The?[15] [State Government] may make rules for regulating the grant or renewal of licenses under this Act, and the fees to be charged on such grant or renewal, and may from time to time alter or cancel such rules. Every prosecution under this Act shall be commenced with a period of six months from the, date of the offence in respect of which it is instituted. ?? This includes the areas transferred to Orissa in 1936. ? Inserted by Act No. 11 of 1901. ? Inserted by the Orissa Regulation I of 1938. ? Omitted by I.O. ? Substituted by Madras Act 24 of 1933. ? Substituted by A.O. 1950. ? Inserted by Act II of 1901 ? Substituted by A.O. 1950. ? Substituted by A.O. 1950. ? Substituted by A.O. 1950. ? Substituted by Madras Act 24 of 1933. ? Substituted by A.O. 1950. ? substituted by A.O. 1950 ? substituted by A.O. 1950 ? substituted by A.O. 1950 ?
Section 2 - Destruction of Wild Elephants prohibited
Section 3 - Penalty for Destroying Female Elephants
Section 3A - Licence to Shoot Female Elephants
Section 4 - Penalty for Destroying Male Elephant on the State Land without Licence
Section 5 - Saving Clause as to Destruction of Male Elephants on Zamindari or Private Lands
Section 6 - Saving Clause as to Destruction of Elephants on Cultivated Lands etc
Section 7 - Licence to Shoot Male Elephants
Section 8 - Power to make Rules for Grant of Renewal of Licenses
Section 9 - Limitation of Prosecution
Print Judgement
