A summary of the provisions of the Act having a bearing
on the Asian elephant is given below (Bist and Barua,

1. Sections 9, 11 and 12: Hunting (which, by virtue of
Section 2, also includes capturing) of elephants is normally
prohibited. An elephant can be hunted under the orders of
the CWLW if it has become a danger to human life or has
become diseased or disabled beyond recovery. No
elephant can, however, be hunted under this provision of
the Act even if it becomes a threat to standing crops or
property. The Act also permits killing or wounding in good
faith of any elephant in defence of oneself or any other
person. The CWLW is also authorized to issue a permit for
hunting an elephant, with the previous permission of the
Central Government, for the purpose of education,
scientific research, scientific management or collection of
specimens for zoos recognized by the Central Zoo
Authority (CZA), public museums and similar institutions.
Scientific management of elephants, as defined in the Act,
means translocation of elephants to an alternative suitable
habitat, or their population management without killing,
poisoning or destroying them.

2. Sections 18-38: The Act makes special provisions for
establishing new Protected Areas (i.e. Sanctuaries and
National Parks) for the protection of all wild fauna and flora
found therein and also for regularisation of the Protected
Areas set up earlier [Section 66(3)]. The Act prohibits the
exploitation of all wildlife and also the destruction of habitat
of any wild animal within a Sanctuary or a National Park
except for the purpose of improvement and better
management of the wildlife living therein. Prior approval of
the State Government is also needed for this purpose. The
Act imposes suitable restrictions on trespass, and use of
fire, injurious chemicals, poisons and weapons within a
Sanctuary and a National Park. The Act bans grazing
within a National Park while prior approval of the CWLW is
needed for grazing within a Sanctuary. The Act enjoins on
the CWLW to arrange for prophylactic inoculation of all
livestock living within 5 km of a Sanctuary or a National
Park against communicable diseases. All persons
possessing firearms and living within 10 km of a Sanctuary
or a National Park are required to register with the CWLW
or the Authorized Officer (AO). Boundaries of Sanctuaries
and National Parks cannot be altered without approval of
the State Assembly.

3. Section 39: Any elephant captured or killed without
approval of the competent authority or killed by mistake or
found dead, or any trophy (cured or uncured), animal
article or ivory (including imported ivory) obtained from an
elephant involved in any offence under the Act is deemed
to be government property. Any person who comes in
possession of such government property is under legal
obligation to inform the nearest police station or the AO
within 48 hours.

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