ANDHRA PRADESH (ANDHRA AREA) WILD ELEPHANTS PRESERVATION ACT, 1873

1 of 1873

15th May, 1873

An Act to prevent the indiscriminate destruction of wild elephants. Whereas it is expedient to make provision to prevent the indiscriminate destruction of wild elephants within the Andhra Area of the State of Andhra Pradesh; It is hereby enacted as follows:-

Section 1 Local extent

This Act extends to the Andhra area of the State of Andhra Pradesh;

Section 2 Destruction of wild elephants prohibited

From and after the said day the destruction of wild elephants prohibited, is except as hereinafter provided.

Section 3 Penalty for destroying female elephants

Whoever, not being authorized 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 authorized as aforesaid in shooting at, or destroying any wild female elephant upon 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 a period not exceeding three months. Any person convicted under this Act of an offence committed after his previous conviction under this Act shall be liable to a penalty not exceeding one thousand rupees, and, in default of payment, to simple or rigorous imprisonment for a period not exceeding six months.

Section 3A Licence to shoot female elephants

The District Collector may, subject to such rules as may from time to time be made by the 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 of the Government or otherwise subject to such conditions and restrictions as the District Collector may think fit, for a period not exceeding one year from the date of the grant of the licence.

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.

Section 4 Penalty for destroying male elephant on Government land without licence

Whoever, not being authorized thereto by a licence granted under the provisions of Section 7, shoots at or intentionally destroys, and whoever abets within the meaning of the Indian Penal Code, any person not authorized as aforesaid in shooting at 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 period of imprisonment respectively provided for a first or second conviction in Section 3 of this Act.

Section 5 Saving clause as to destruction of male elephants on zamindari or private land

Nothing in this Act shall be deemed to prevent any zamindar or other proprietor or occupier of land, or any person duly authorized in that behalf by any such zamindar, proprietor or occupier from destroying wild male elephants upon the waste or forest-lands of such zamindar, proprietor or occupier.

Section 6 Saving clause as to destruction of elephants on cultivated lands, etc

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.

Section 7 Licence to shoot male elephants

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 State Government, issue a licence to any person authorizing him by name to shoot wild male elephants upon waste or forest lands, the property of the Government, in such district, for the period of one year from the date of the grant of such licence.

Every such licence shall become void at the expiration of the 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.

Section 8 Power to make rules for grant or renewal of licences

The State Government may make rules, for regulating the grant or renewal of licences 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.

Section 9 Limitation of prosecution

Every prosecution under this Act shall be commenced within a period of six months from the date of the offence in respect of which it is instituted.