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The Tamil Nadu Wild Elephants Preservation Act, 1873 Act 1 of 1873 Keyword(s):
Wild Elephants, Protection, Wild Female Elephant 1873 : T.N. Aet I] Wild Elephants Preservata'on 206 l(TrlMIL NADU) ACT No. I OF 1873'.
(Receivecl the assent of the Governor on the 21st April 1873, and of the Governor-General on the 16th May 1873.)
An Act to prevent the indiscriminate destruction of wild elephants.
WHEREAS it is expedient to make provision to Preamble.
prevent the indiscriminate destruction of wild elephants within the =[State of Tamil Nadu] ; It is hereby enacted as follows :- I. This Act extends to the 4[State of Tamil Nadu]; Locd extent.
and it shall come into force on the first day of October commenmment.
1873.
2. From and after the said day the destruction D,t,ctio,,f of wild elephants is prohibited, except as hereinafter wild elephante provided. prohibited.
7 1 Them words were substituted for the word " Madras " by fhe Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Temil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1909.
Short title, " The Madrag Wild Elephants Preservation Aot, 1873" was given by the Repealing and Amending Act, 1901 (Central Act XI of 1901).
For Statement of Objects and Reasons, ees Fmt St. George Ohzcllc, Supplement,'deted the 26th February 1873, p. 4; for Proceedings in Council, ses &id, 26th February 1873, p. 2, and &id, dated the 22nd April 1873, p. 6.
This Act was extended to the merged State ofPudnkkottai by seotion 3 of, and the First Schedulo to, the Tamil Nadu Merged States (Laws) Aot, 1949 (Tamil Nadu Act XXXV of 1949).
Thin Act wee extended to the Kanyakumari district and the - Bhencottsh taluk of the Tirunelveli district by section 6 of the Tamil Nadu Forest (Amendment) Act, 1966 (Tamil Nadu Act 40 of 1965), which came into force on the 1st June 1966, repealing the oorreaponding law in that territory.
a Thia expression was substituted for the expression " Presidenoy of Madrae " by the T d Nndu Adaptation of Lam Order, 1970, whioh was deemed to have come into force on the 14th Janumy
1969.
4Tbir eq,reseion was substituted for the expmion " tearia tori- for the time beingfubject to the Government of the Prd* donoy Eonof St. George by ibid.
P a d t ? far 8. lmoever , not being authorized thereto by W W licence granted under the provisions of section 3-8 d o elephant@. shoots at or intentionally destroys and whoever abets within the meaning of the Indian Penal Code, any person not authorized as aforesaid in shooting a t ~ c t XLV or destroying] any wild female elephant upon of 1868.
waste or forest land, whether such land be the property "of the 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 8 period not exceeding three month.
p d t y on Any person convicted under this Act of an offence mend committed after hie previous convicbion under this OOnvietian. Act shall be liable to a penalty not exceeding one I thousand rupees, and, in default of payment, to I simple or rigorous imprisonment for a period noti exaeeding sir monthe. 1 813-A. The District Collector, 4( Lioonoe to h o o t ) may, subject to such rules femsle as may from time to time be m d e by the =[State Government] on the application of any person, granfi to such person by name a, special licence to shootr or destroy wild female elephants upon waste or forest lands in a specified area situated within the clistrio$ l T h e worda within square braokets were substituted by sea.
tion 2 of the Madraa Wild ephants Preeenration (Amendmen-) Aot, 1933 ( & f & ~ dot X X g o f 1933).
a The words " of the Crown " were subetituted for the wor& of Qovernment " by the Adeptat io~ Order of 1937 snd the word " Government " WEE substituted for Crown " by the Adspbtion Order of 1960.
8 Seotion 3-A waa inserted by section 3 of the Madra wad Elephants Preeemation (Amendment) Aot, 1933 (Madrm Ao) .
XXIV of 1933).
4 The words, " if speoially authorized by the Board of Revenue?
were omitted by seotion 2 of the Madras Wild Elephente Prewr.
vation (Amendment) Aot, 1961 (Madraa Aot X of 1951).
8 The wyrds " Provincial Uovemment " were subatitutsd fw 6he wor& Lood ~ v e r n m e n t " by the Adaptation Order d 1937 and the word State" waa rubatituted for I' P r o w m by $he A&pw$kn 0.h of 1W.
f 1878 : T.H. Act r ] W;ld mqhalrk P r a r m H o n 907 1 whether mch lendr be the property l[of the Govern- '. < i ment] or otherwise subjeod to suoh conditions and I restrictions '( ) ae the District Collector may think fit, for e period not exceeding one year 1 from the date of the grant of the licence.
Every such licence shell become void at the expiration of the said period, but may be renewed by auch Collector for any period not exceeding one year :
Provided that every auch Iicence shall become . . void upon the conviotion under this Act of the peraon to whom such licence was granted.]
4. Whoever, not being authorized thereto by a PendtpPfor licence granted under the provisions of section 7, ~~~~~t d"tro*mJs on shoots at or intentionally destroys, 8[and whoever abets within the meaning of the Indian Penal Code, land without gVfVot any person not authorized eds aforesaid in shooting1i0onoe* 1~00. a t or destroying] any wild male elephant upon waste or forest land, the property of '[the Government], shall, upon a first or second conviction, be liable to the penalties and periods of imprisonment respectively provided for a first or second conviction in nction 3 of this Act.
5. Nothing in this Act shall be deemed to prevent s,eg ,I,,, , any zamindar or other proprietor or occupier of land, to deatmotiond or any person duly authorized in that behalf by any z$2inpgk suoh zamindar, proprietor or occupier, from destroying or priv8c 1-4 , wild male elephants upon the waste or forest-lands of such zamindar, proprietor or occupier.
I 1 The worde " of the Crown " were eubstituted for the words I " of Government " by the Adaptetiof, Order of 1937 and the word " Qovemment " wse substituted for Crown " by the Adaptation Order of 1960.
¶ The worde " as the Board of Revenue may direat or " were omitted by seotion 2 of the Madras Wild Elephentn Preservation (Amendment) Aot, 1961 (Medree Aot X of 1961).
STheee words were substituted by seotion 4 of the Madras Wild Elephants Preservation ( h e n b t ) Aot, 1833 (Mednr A& X X I V of 1933).
4 The words " $e Crow" worn mubstituted for the word. " the Government by the Adaptation Orde,rg of 1937 and the r o d " @vemmontw w lubdtubd for '* bv Adapb* Oldr J 8OIO.
208 Wild EIepIranta ~re8ervatim [I873 1 T.N. Act Bs* ola- 6. Nothing in this Act shall be deemed to preven% to aertrwtionof any person from shooting at, or destroying, any wild male or female elephant found upon cultivated lands, bda,eto. or upon or in the immediate vicinity of any publio road, or to provent any person from shooting at, or destroying, any male or female elephant in defence of himself or any other person.
~ioe1108 torhoot 7. The Collector or other offioer in charge of a ~ e ~ p ~ f s ~ district may, subject to such rules as may from time to time be made by the l[State Government], issue a licence to any person authorizing him by name to shoot wild male elephants upon waste or forestlands, the property of 2[the Government], in such district, for the period of one year from the date of the p n t of such licence.
Every such licsnce shall become void a t the expiration of the said period, but may be renewed by such Collector or other officer for a like period :
Proviw. Provided that every such licence shall become void upon the conviction under this Act of the person to whom such licence was granted.
Power to make rulmforgrent 8. The l[State Government] may make rules, for o r ~ n e w e l o f regulating tho grant or renewal of licences under lioenoer. this Act, and the fees to be charged on such mant or renew& and may from time to. Gme alter or Gncel such rules.
9. Every prosecution under this Act shall be praeeaution.
commenced within a period of six months from the date of the offence in respect of which it is instituted.
1 The words " Provinoid Government " were substituted for the words " Looal Government" by the Adaptation Order of 1937 and the word " etate " was substituted for " Provincial" by the Adaptation Order of 1960.
a The word8 "the Crown" wero eubstituted for the wor& "the Cpernrnent" bx the Adaptation Order of 1P37 snd tko word Government ww mb~@@a@d for f ' Cram" br tU bcLp&&n Order of 1060.