Section 70 in Management and Working of the Forests
70. Rules regulating the grant of licenses to capture elephants in Angul.
- [In exercise of the powers conferred by Section 6 of the Elephants Preservation Act, 1879 (Act VI of 1879), the Government of Bihar and Orissa are pleased to make the following Rules for regulating the grant and renewal of licenses under the said Act within the Sadr subdivision of the district of Angul, the fees to be charged on such grant and renewal, the time during which such licences shall continue in force and the conditions on which they shall be granted:-] [Notification No. 3145-P., dated 1st April, 1932 and Notification No. 3616-RR. dated 7th October, 1933 and Notification No. 1433-P., dated 15th February, 1934 and Notification No. 76-R., dated 5th January, 1935.](1)Every application fora license to kill or to capture or to kill and capture wild elephants, or for a renewal of such a license, shall be made to the Deputy Commissioner of Angul and may be granted by him with the sanction of the Commissioner of the Orissa Division. The fee payable on the grant or renewal of such license shall be one hundred rupees:Provided that in special cases where the destruction of an elephant is urgently required in the interest of the public safety, the Deputy Commissioner may, with the permission of the Commissioner of the Orissa Division, issue a license for the destruction of such elephant, either free of charge or subject to the condition that the tusks of such elephant killed shall be the property of Government and shall be made over to the Deputy Commissioner of Angul.(2)A license shall not be granted for more than six months from the date of issue and shall hold good only within the boundaries therein specified.(3)The holder of a license shall be at liberty to kill or to capture, or to kill and capture wild elephants himself or by his agents and shall not be allowed to sell or transfer his rights under the said licence.(4)For every elephant captured by or on behalf of the licence-holder and for every elephant killed the license-holder shall pay to the Government in such manner as the Deputy Commissioner of Angul may from time to time direct the sum of Rs. 100 by way of royalty:Provided that no royalty shall be payable for an elephant killed under a licence issued in accordance with the proviso to Rule (1).(5)The license-holder shall be at liberty to capture or kill elephants in any manner except in pits.(6)The license-holder shall be bound to report in writing on the first day of each month to the Deputy Commissioner of Angul or to any other officer appointed by the said Deputy Commissioner in that behalf in such form as may be prescribed the capture or death during capture or otherwise of every elephant which has been captured or has died during capture or has been killed in the preceding month. In the event of failure to report any such capture or death the holder of the license shall forfeit to Government the sum of Rs. 3,000 for each elephant the capture or death of which he shall have omitted to report.(7)The license-holder shall obtain a written permit from the Deputy Commissioner of Angul or any officer appointed by him in that behalf and shall, save as provided in the proviso to Rule (4), pay the royalty prescribed in the said Rule (4) before removing outside the boundaries of the area covered by the license any recently captured elephant or the tusks of an elephant killed.(8)No stockade shall be built in any teak forest, no valuable timber shall be felled and no jungle shall be set fire to by any license-holder or his agent neither shall they be at liberty to cause injury or unnecessary annoyance to any jungle tribes or cultivators residing in the neighbourhood nor to interfere with any operations of the Forest Department or of any forest contractor. All timber felled and used in the construction of the stockade shall be paid for by the license-holder at the full rates in force in the Reserved Forests in the district of Angul and if the timber required for the purpose is to be taken from the Protected Forests or from the Reserved Forests in that district the previous sanction of the Deputy Commissioner or the Divisional Forest Officer as the case may be must be obtained.(9)The license shall be liable to be withdrawn by order of the Deputy Commissioner of Angul on breach of any of the above Rules.
