Elephant Kraal Ordinance

ELEPHANT KRAALS CHAPTER 572 ELEPHANT KRAALS [Cap. 572 Orclinam (' AN ORDINANCE TO MAKE PROVISION FOR THE REGULATION OF ELEPHANT KRAALING. No. I of 1912. Ac! No. 22 of 1955. Short title. 1. This Ordinance may be cited as the Elephant Kraal Ordinance. Interpretation 2. In this Ordinance, unless there 1s Kraaling prohihitcd without the ,anctlllfl ol the M inistcr Power to Minister to mak~ rules lor the n:gulaliun ol kraaling. something repugnant in the subject or context " elephant kraal " and " kraal " mean a pen or other enclosure or any kind of stockade erected for the purpose of capturing wild elephants : " elephant kraaling " and " kraaling " mean the capture in a kraal of wild elephants, and also all or any of the steps, acts, arrangements, and preparations necessary and intended for the capture m a kraal of wild elephants. 3. From and after the coming into operation of this Ordinance elephant kraaling is prohibited, except with the sanction of the Minister, and any person acting in contravention of the provisions of this section shall be guilty of an offence, and liable on conviction to a fine not exceeding one thousand rupees, or to imprisonment of either description for a term which may extend to six months, or to both. 4. (I) The Minister may, by notification in the Gazette, make such rules as to him may appear necessary for the regulation of elephant kraaling. (2) In particular, and without prejudice to the generality of the power in the preceding subsection contained, such rules may (a) prescribe the conditions under which sanction to kraal elephants will be granted under section 3 ; [29th April, /912.] (h) prescribe the fees payable by an applicant to whom sanction 1s issued to kraal elephants : (c) prescribe the radius from a kraal within which no person, except those designated in the rule, may enter or pass without a permit in writing from the Government Agent of the administrative district within which the kraal is erected ; (d) prescribe the conditions under which such permit shall be issued : (e) prohibit the putting up of huts, stands, or other buildings or erections within a prescribed radius without a permit in writing from the Government Agent aforesaid ; (j) prescribe the conditions under which such permit shall be issued (3) Such rules as aforesaid may be made not only to apply to kraals and elephant kraaling generally, but also to the case of any particular kraal about to be erected, or any particular kraaling operations about to take place at any particular locality. 5. Any person committing a breach of Penal!\ for the said rules shall be guilty of an offence, infringement and be liable on conviction to a fine not of rub. exceeding one hundred rupees, or to imprisonment of either description for a period which may extend to three months, or to both : and it shall be lawful for any police officer not below the rank of inspector, or any person authorized in writing by the Government Agent, without a warrant, to arrest or cause to be arrested any person found within a prohibited area and refusing to quit the same when required XYII/345 Cap. 5721 ELEPHANT KRAALS to do so, and to take him into his custody to 6. The provisions of this Ordinance shall Ortlinann: not not apply to elephant kraaling hv any 10 apply to k raal!ng h\ person who by the production of documents p::r,on, 1,,' or other evidence satisfies the Minister that "hom ''l!ht the right to kraal elephants at any particular ~;,;1~~'.;::::~ 1 be taken before a Magistrate's Court to be dealt with according to law, or to remove or cause to be removed such person outside the prohibited area and to prevent him from re­ entering the same, and also to prevent all other persons not legally entitled to do so from entering the prohibited area, and also to remove or cause to be removed all huts, stands, and other buildings unlawfully erected uithin the same. locality has been conceded to him by the l,Kal111c, ha, Government, and obtains a writing under hc1:n ,onci.:tlnl the hand of the Minister certifying to such hLn-crnmcnt concession and setting forth the nature and extent of the right conceded. XVII 346