FAUNA AND FLORA PROTECTION [Cap. 567 - … · FAUNA AND FLORA PROTECTION [Cap. 567 CHAPTER 567 FAUNA AND FLORA PROTECTION Ordinances A N ORDINANC E TO PROVID FOR TH PROTECTIO OF FAUN

FAUNA AND FLORA PROTECTION [Cap. 567

CHAPTER 567

FAUNA AND FLORA PROTECTION

Ordinances AN O R D I N A N C E TO PROVIDE FOR THE PROTECTION OF THE FAUNA AND FLORA OFNos. 2 of 1937.

31 of 1942.12 of 1944,12 of 1945.

ActsNos. 38 of 1949.

44 of 1964.1 of 1970.

SRI LANKA.

Short title.

Constitution ofNationalReserves. StrictNaturalReserves.NationalParks. NatureReserves.JungleCorridors.IntermediateZones, andSanctuaries.[§ 2. 44 of1964.]

[§ 2. 44 of1964.][§ 3. 1 of1970.]

1. This Ordinance may be cited as theFauna and Flora Protection Ordinance.

PART I

NATIONAL RESERVES AND SANCTUARIES

2. ( 1 ) The Minister may by Orderpublished in the Gazette declare that anyspecified area of State land shall for thepurposes of this Ordinance be a NationalReserve and may by that Order or by anyOrder subsequently published in the Gazettedeclare that the whole or any specified partof any such Nat ional Reserve shall be-

(a) a Strict Natural Reserve; or

(b) a National Park ; or

(c) a Nature Reserve ; or

(d) a Jungle Corridor; or

(e) an Intermediate Zone.

(2) The Minister may by Order publishedin the Gazette declare that any specifiedarea of land within Sri Lanka (other thanland declared to be a National Reserve)shall be a Sanctuary for the purposes of thisOrdinance.

(3) An area declared to be a Sanctuarymay include both State land and land otherthan State land.

(4) The Minister may by Order publishedin the Gazette declare that from a specifieddate—

(a) the limits of any Strict Natural Reserve,National Park, Nature Reserve,Jungle Corridor or IntermediateZone shall be altered or varied ;

[1st March. 1938.]

(b) any National Reserve or part thereofshall cease to be a NationalReserve;

(c) any Sanctuary or part thereof shallcease to be a Sanctuary ;

(d) that a National Reserve of one classshall be a National Reserve ofanother class.

(5) (a) The Minister may, by Order,declare that the limits of any NationalReserve or Sanctuary shall be altered orvaried.

(b) Any Order made by the Ministerunder this subsection shall have no effectunless it has been approved by Parliamentand notification of such approval ispublished in the Gazette.

3. (1) Save as hereinafter provided—

(a) no person shall be entitled to enterany Strict Natural Reserve, NatureReserve or Jungle Corridor or inany way to disturb the fauna andflora therein;

(b) no person shall be entitled to enterany National Park except for thepurpose of observing the fauna andflora therein;

(c) no animal shall be hunted, killed ortaken and no plant shall bedamaged, collected, or destroyed, ina Strict Natural Reserve, NationalPark, Nature Reserve or JungleCorridor,

[§ 3. 1 of1970.]

Essentialfeatures ofStrict NaturalReserves,JungleCorridors,NationalParks,SanctuariesandIntermediateZones.[§3,44 of1964.]

[§ 3, 44 of1964.]

XVII/297

Cap.567] FAUNA AND FLORA PROTECTION

[§ 3, 44 of1964.]

[§ 4. 1 of1970.]

[§ 4. 1 of1970.]

[§ 4. 1 of1970.]

Restriction ofentry intoStrict NaturalReserves.

(d) no person shall hunt, shoot, kill ortake any wild animal, or take ordestroy any egg of any bird orreptile or any nest of any bird, inany Sanctuary.

(1A) No person shall, on any State landor any part thereof within any Sanctuary,carry, or have in his possession or under hiscontrol, a gun, or a cartridge or otherexplosive of any description except underthe authority, and in accordance with theterms or conditions, of a permit issued bythe prescribed officer upon the payment ofthe prescribed fee. The preceding provisionsof this subsection shall be in addition to,and not in derogation of, the provisions ofthe Firearms Ordinance.

(2) Any person shall be entitled, subjectto such conditions and restrictions as maybe prescribed, to enter any IntermediateZone and to hunt, shoot, kill or take anywild animal therein.

(3) Nothing in the preceding provisions'of this section shall be deemed or construedto prohibi t or restrict the exercise by anyperson of any right acquired by him,whether by law or custom or usage, in orover any land situated within the limits ofany Nature Reserve, or Jungle Corridor, orin or over any State land in any Sanctuary,being a right which was so acquired by suchperson prior to the date of the establishmentof such Reserve, Corridor or Sanctuary.

(4) Any right referred to in subsection (3)which has not been. or is not. exercised bythe person entitled thereto for a continuousperiod of two years shall be deemed to havelapsed, or to lapse, and to have been, or tobe, ceded to the State.

4. ( 1 ) No person other than the Directorshall enter or remain within any StrictNatural Reserve except—

(a) for the purpose of discharging anyofficial duty on the instructions orwith the written permission of theDirector; or

(b) under the authority and in accordancewith the conditions of a writtenpermit from the Director.

(2) A permit under subsection (1) (b)shall be issued only for the purpose ofauthorizing scientific research.

5. (1) No person shall enter or remainwithin any National Park except under theauthority and in accordance with theconditions of a permit issued by theprescribed officer on payment of theprescribed fee.

(2) A permit under subsection (1) shall beissued only for the purpose of enabling thepermit-holder to study or observe the faunaand flora in a National Park.

(3) If no fee is prescribed for the issue ofa permit under subsection (1) , such permitshall be issued free of charge.

5A. (1) No person shall enter or remainwithin any Nature Reserve or JungleCorridor except under the authority and inaccordance with the conditions of a permitissued by the prescribed officer on paymentof the prescribed fee.

(2) If no fee is prescribed for the issue ofa permit under subsection (1), such permitshall be issued free of charge.

6. (1) No person shall in a StrictNatural Reserve, National Park, NatureReserve or Jungle Corridor—

(d) hunt, shoot, kill, wound or take anywild animal or have in hispossession or under his control anywild animal, whether dead or alive,or any part of such animal; or

(b) take or destroy any egg of any bird orreptile, or any nest of any bird ; or

(c) fire any gun or do any other act whichdisturbs or is likely to disturb anywild animal or do any act whichinterferes or is likely to interferewith the breeding place of any suchanimal; or

(d) fell, girdle, lop, tap, burn or in anyway damage or destroy any plant,or take, collect, or remove anyplant therefrom; or

(e) clear or break up any land forcultivation, mining or for any otherpurpose; or

Restriction ofentry intoNatureReserves andJungleCorridors.[§ 4, 44 of1964.]

Acts prohibitedin StrictNaturalReserves,NationalParks. NatureReserves andJungleCorridors.[§ 5, 44 of1964.][§ 5, 1 of1970.]

Restriction ofentry intoNationalParks.

XVII/298

FAUNA AND FLORA PROTECTION [Cap.567

(f) kindle or carry any fire; or

(g) possess or use any trap or anyexplosive or poisonous substancecapable of being used for thepurpose of injuring or destroyingany animal or plant; or

(h) make any fresh clearing; or

(i) except under the authority of a permitissued in that behalf by theprescribed officer, erect anybuilding, whether permanent ortemporary, or occupy any buildingso erected; or

(j) construct or use any road or path soconstructed by him.

(2) No person shall introduce any animalinto any Strict Natural Reserve, NationalPark, Nature Reserve or Jungle Corridor,or tether, liberate or release any animaltherein.

(3) No person shall lead, or allow to strayany domestic animal into any NationalReserve- It shall be lawful for the Directoror any officer authorized by the Director toseize any domestic animal within anyNational Reserve and to release it to theowner thereof on the payment of aprescribed fine if such animal is claimedwithin twenty-eight days of such seizure.Any animal not so claimed may be disposedof by the Director in such manner as he maydeem fit.

6A. (1) No person shall fish or take anyacquatic animal or plant from any waterswithin a National Reserve, or Sanctuarywhich is on State land, except under theauthority, and in accordance with theconditions, of a permit issued by aprescribed officer on payment of theprescribed fee.

(2) No person shall remove any objectof archaeological, pre-historic, historical,geological or other scientific interest, or anyother object of mineral value, from anyNational Reserve or Sanctuary except underthe authority, and in accordance with theconditions, of a permit issued by theprescribed officer on payment of theprescribed fee.

[§ 6, 1 of1970:]

Acts regulatedin intermediateZones andSanctuaries.[§ 7, 1 of1970.]

(3) If no fee is prescribed for the issue ofa permit under subsection ( 1 ) or subsection(2), such permit shall be issued free ofcharge.

(4) Where the prescribed officer issatisfied that any application for the issueof a permit under subsection ( 1 ) is for thepurpose of enabling the applicant to catchfish in any waters referred to in thatsubsection for the local consumption of theinhabitants of any village who have, bycustom or usage, fished in such waters forthat purpose, then, notwithstanding theprovisions of that subsection, such officershall issue such permit free of charge.

7. (1) No person shall, except inaccordance with regulations—

(a) enter, or remain in, any IntermediateZone;or

(b) in any I n t e r m e d i a t e Zone orSanctuary—

(i) fire any gun, or do any other actwhich disturbs or is likely todisturb any wild animal or doany act which interferes or islikely to interfere with thebreeding place of any suchanimal; or

(ii) hunt, shoot, kill, or take anywild animal, or have in hispossession or under hiscontrol any wild animal,whether dead or alive, or anypart of any such animal; or

(iii) take or destroy any egg of anybird or reptile or any nest ofany bird; or

(iv) construct or use any hide orambush on the ground or onany tree for hunting, shooting,injuring or wounding any wildanimal, bird or reptile ; or

(v) set, lay or spread any pitfall,t r a p , s n a r e o r o t h e rinstrument for the purpose ofkilling or capturing any wildanimal, bird or reptile; or

[§ 5. 1 of1970.]

[§ 5. 44 of1964.]

[§ 5. 44 of1964.][§ 37. 1 of1970.]

Acts prohibitedin NationalReserves, andSanctuaries.[§ 6. 44 of1964.]

[§ 6, I of1970.]

[§ 7, 1 of1970.]

XVII/299


(c) in any Intermediate Zone or on anyState land within any Sanctuary—

(i) fell, girdle, lop, tap, burn or inany way damage or destroyany plant, or take, collect, orremove any plant therefrom;or

(ii) clear or break up any land forcultivation, mining or for anyother purpose; or

(iii) kindle or carry any fire; or

(iv) possess or use any trap or anyexplosive or poisonoussubstance capable of beingused for the purpose ofinjuring or destroying anyanimal or plant; or

(v) make any fresh clearing; or

(vi) erect any building whetherpermanent or temporary oroccupy any building soerected unless such person isthe holder of a permit issuedin that behalf by theprescribed officer; or

(vii) construct or use any road orpath so constructed by him.

(2) No person shall, except in accordancewith regulations, introduce any animal intoany Intermediate Zone or tether, liberate orrelease any animal therein.

8. No person shall, from any road orland outside a Strict Natural Reserve,National Park, Nature Reserve, JungleCorridor or Intermediate Zone, hunt, shoot,kill or take any wild animal in such reserve,park, corridor or zone.

9. Regulations may be made—

(a) prescribing the conditions andrestrictions subject to which personsmay be permitted to enter anyIntermediate Zone or to hunt,shoot, kill or take any wild animaltherein;

(b) prescribing the circumstances andcases in which and the conditionsand restrictions subject to whichwild animals may be hunted, shot,killed or taken in a Sanctuary;

(c) prescribing the conditions to beattached to any permit issued forthe purposes of this Part of thisOrdinance and the fees to be paidfor the issue of such permits ;

(d) for the purpose of extending, withsuch modification as may benecessary, all or any of theprovisions of Part II or of Part IIIof t h i s O r d i n a n c e to a n yIntermediate Zone or Sanctuary;

(e) for the purpose of extending, withsuch modification as may benecessary, all or any of theprovisions of this Part of thisOrdinance to any specified insect;

(f) declaring that all or any of theprovisions of this Part of thisOrdinance shall not apply to anyspecified species of animal in anyspecified area.

10. A n y p e r s o ncontravention of—

w h o ac t s

(a) any provision of this Part of thisOrdinance ; or

(b) any regulation made under section 9for any purpose set out in thatsection; or

(c) any provision of Part II or Part III ofthis Ordinance which has byregulation been extended, with orwithout modification, to anyIntermediate Zone or Sanctuary; or

(d) any provision of this Part of thisOrdinance which has by regulationbeen extended, with or withoutmodification, to any specifiedinsect,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingfive hundred rupees or to imprisonment ofeither description for a term which mayextend to six months or to both such fineand imprisonment.

in Offences andpenalties underPart1.

[§ 7. 1 of1970.]

[§ 7, 1 of1970.]

Acts prohibitedin vicinity ofNationalReserve.[§ 7. 44 of1964.]

Specialregulations forPart 1.

XVII/300


11. In this Part of this Ordinance, unlessthe context otherwise requires—

" animal" means any vertebrate orinvertebrate animal and includes abird, fish, or reptile ;

" domestic animal " means—

(a) any head of cattle, or any sheep,goat, horse, ass, mule, dog, orcat;

(b) any domestic fowl or other birdcommonly reared by man aspoultry; and

(c) when domesticated by man, anyelephant, buffalo, pig, deer,hare, rabbit, peacock, parrot,pigeon, or other animal;

"p lan t" means any member of thevegetable kingdom and includes theseed or any other part of any plant;

" wild animal " means any animal which isnot a domestic animal.

PART II

TUSKERS. ELEPHANTS, BUFFALOES,DEER AND FOWL

12. (1) Save as is hereinafter provided,no person shall, in any area outside aNational Reserve or a Sanctuary—

(a) hunt, shoot, kill , injure or take anytusker or elephant; or

(b) during the close season, hunt , shoot,kill, or take any deer or fowl; or

(c) without a licence in that behalf fromthe Warden—

(i) capture any buffalo ;

(ii) at any time other than duringthe close season hunt, shoot,kill or take any deer or fowl.

*(3) Every licence under subsection (1)shall be issued in the prescribed form onpayment of the prescribed fee and shall

[§ 37,1 of1970.]

[§ 8. 44 of1964.]

[§ 37. 1 of1970.]

Declaration ofareas in whichdamage byelephant, orbuffalo isapprehended.[§ 9, 44 of1964.][§ 2. 1 of1970.]

[§ 37, 1 of1970.]

continue in force for such period and withinsuch limits and be subject to such conditionsas the Director may consider necessary orexpedient to insert therein.

(4) The holder of any licence undersubsection (1) (c) shall not later than fifteendays after the expiry of the licence returnthe expired licence to the Director or theprescribed officer and intimate to him theparticulars of any buffalo, deer or fowlcaptured or killed.

13. (1) (a) Whenever it appears to theDirector that in any area outside a NationalReserve damage to any person or to anyhouse, crop, plantation or other property islikely to be caused by any elephant orbuffalo, he may by notices affixed inconspicuous places within that area declarethat area to be one within which damage byelephant or buffalo is apprehended and hemay take such steps as may be necessary orexpedient to have the elephant or buffalodriven off or captured and may issuelicences subject to such conditions as hemay deem necessary either free or onpayment of the prescribed fee, or of such feenot exceeding the prescribed fee, if any, ashe may consider adequate, authorizing thelicensee to capture such elephant or buffalowithin that area while the declaration is inforce.

(b) Whenever it appears to the Directorthat there is serious danger to life orproperty in the area referred to insubsection ( 1 ) (a), he may issue licencessubject to such conditions as he may deemnecessary or expedient either free or onpayment of the prescribed fee or of such feenot exceeding the prescribed fee, if any, ashe may consider adequate, authorizing thelicensee to shoot, kill or take the elephantor buffalo, as the case may be, within thatarea while the declaration is in force.

(2) Every declaration under subsection( 1 ) shall be forthwith reported by theDirector to the Minister and shall continuein force for a period of two months from thedate of such declaration.

(3) The Minister may by notification inthe Gazette extend or restrict the period for

[§ 37, 1 of1970.]

Interpretationof Part 1.

[§ 8, I of1970.]

Protection oftuskers,elephants,buffaloes, deerand fowl inareas outsideNationalReserves andSanctuaries.[§ 8. 44 of1964.]

[§ 8. 44 of1964.]

[§ 37, 1 of1970.]

[§ 2, 1 of1970.]

* Subsection (2) is repealed by Act No. I of 1970.

XVII/301


Shooting,killing ortaking ofelephantsunder speciallicence.[§ 10, 44 of1964.][§ 37, I of1970.][§ 2. 1 of1970.]

Ki l l ing ortaking of deeror fowl oncultivated land.[§ 11, 44 of1964.]

Killing ortaking ofelephants to bereportedforthwith.[§ 12. 44 of1964.][§ 2, I of1970,]

Property inelephants.tuskers, &c..killed or takenunder Part I I ,

[§ 2. 1 of1970.]

which such declaration shall continue inforce, or may otherwise vary or revoke suchdeclaration, but without prejudice toanything done or suffered thereunder priorto the publication of such notification.

14. Where the Director is satisfied thatany elephant is found trespassing repeatedlyin or upon any plantation or cultivated landand is causing serious damage to the ownerof the plantation or cultivated land or likelyto cause damage to life or property of thoseliving therein, he may issue to any person aspecial licence, subject to such conditions ashe may deem necessary or expedient, eitherfree or on the payment of the prescribed feeor such fee not exceeding the prescribedfee , if a n y , as he m a y c o n s i d e radequate, authorizing that person to followor pursue such tusker or elephant to anyplace (not being a place within a NationalReserve) and to shoot, kill or take suchelephant.

15. (1) It shall be lawful for the owneror person in charge of any cultivated land atany time to set, lay or spread any trap,snare, net or pitfall in or upon that land forthe purpose of kill ing or taking any deer orfowl which trespasses or attempts totrespass thereon.

(2) Save as provided in subsection (1), noperson shall set, lay or spread any trap,snare, net or pitfall for the purposes oftaking any deer or fowl.

16. Any person who in the exercise ofany right conferred by or under section 13,or section 14, or section 15, kills or takesany elephant, buffalo, deer or fowl, shallfor thwi th report such killing or taking toany police officer entitled to officiate in thearea within which such killing or capturetook place or to any prescribed officer.

17. (1) Any elephant duly killed ortaken by any person under the authority ofany licence issued under this Part of thisOrdinance, shall be the property of thatperson, unless otherwise provided in theconditions attached to the licence.

(2) Subject to the provisions ofsubsection (1), every elephant which is killedor captured shall be the property of theState,

(3) Any buffalo, deer, or fowl duly killedor taken by any person in accordance withthe provisions of this Part of this Ordinanceshall be the property of that person, unlessotherwise provided in the conditionsattached to the licence, where any suchbuffalo, deer or fowl was killed or takenunder the authority of a licence.

18. Subject to such restrictions orconditions as may be prescribed, theDirector may, by sale or otherwise, disposeof the tusks or the carcase, or any part ofthe carcase, of any dead elephant which isthe property of the State.

19. (1) A royalty according to suchrates as may, from time to time, beprescribed shall be levied as export duty bythe officers of customs at the port ofshipment in respect of every elephant,whether wild or tame, exported from SriLanka to any place outside Sri Lanka.

(2) No elephant, whether wild or tame,shall be exported from Sri Lanka to anyplace outside Sri Lanka except under theauthority of a special permit issued by theDirector.

(3) This section shall have effect as if itformed part of the Customs Ordinance andthe provisions of that Ordinance shall applyaccordingly.

20. Any person who—

(a) in contravention of this Part of thisOrdinance or contrary to the tenorof any licence issued to himthereunder, hunts, shoots, kills,injures, takes, follows, or pursuesany elephant; or

(b) exports any elephant, whether wild ortame, from Sri Lanka except underthe authority of a special permitissued under section 19, or in anyway evades payment of the royaltypayable on such export,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingtwo thousand rupees or to imprisonment ofeither description for a term which mayextend to two years or to both such fine and

Directorauthorized todispose oftusks andcarcases ofdead elephants.[§ 10, 1 of1970.]

Royaltiespayable onexport ofelephants.[§ 2, 1 of1970.]

[§ 2, 1 of1970,]

[§ 37. 1 of1970.]

Offences—Elephants.

[§ 11, l of1970.][§ 2. I of 1970.

[§ 2, 1 of1970.]

[§ 13. 44 of1964.]

[§ 13. 44 of1964]

XVII/302


[§ 2, 1 of1970.]

Offences-Deadelephants.[§ 12, I of1970.]

OffencesBuffaloes, deer,or fowl.

imprisonment; and where any person whois convicted of an offence mentioned inparagraph (a) of this section in respect ofthe killing or taking of any elephant isfound by the court to be in possessionof that elephant or its carcase or tusks, thecourt may make order directing suchelephant, carcase, or tusks to be delivered tothe possession or custody of any officer ofGovernment to be held by that officer forand on behalf of the State.

21. (1) Subject to the p rov i s ions ofsubsection (2), any person who takes,dismembers, removes, sells or purchases thecarcase, or any part of the carcase, of anydead elephant which is the property of theState shall be guil ty of an offence and shallon conviction he liable to a fine notexceeding two hundred rupees or toimprisonment of either description for aterm which may extend to one month or toboth such fine and imprisonment.

(2) Nothing in subsection ( 1 ) shall applyto the carcase or any part of the carcase ofany dead elephant which is the property ofthe State if such carcase or such part of thecarcase has been disposed of by the Directorunder section 18.

22. Any person who—

(1) in contravention of this Part of thisOrdinance or contrary to the tenorof any licence issued to himthereunder, hunts , shoots, kil ls , ortakes any buffalo, deer, or fowl ; or

(2) in contravention of this Part of thisOrdinance—

(a) sets, lays, or spreads any snare,net, or pitfall for the purposeof ki l l ing or taking any deeror fowl; or

(b) during the close season, hunts,shoots, kil ls or takes any deeror fowl ; or

(3) dur ing the close season takes orremoves the eggs of any fowl,

shalS he gui l ty of an offence and shall onconvict ion be l iable to a fine not exceeding

[§ 15. 44 of1964.]

Registrationand licensingof elephants.[§ 16. 44 of1964.][§ 2, 1 of1970.]

[§ 37, 1 of1970.]

[§ 2, 1 of1970.]

[§ 37, 1 of1970.]

[§ 2, 1 of1970.]

three hundred rupees or to imprisonment ofeither description for a term which mayextend to three months or to both such fineand imprisonment.

22A. (1) No person shall own, have inhis custody or make use of an elephantunless it is registered and unless a licence inrespect of the elephant has been obtained inaccordance with the provisions of thissection.

(2) Every person who owns or has in hiscustody an elephant shall register suchelephant with the prescribed officer.

(3) Every person who owns or has in hiscustody an elephant shall, prior toregistration, pay such registration fee asmay be prescribed.

(4) The Director shall maintain a registerof elephants in such form as may beprescribed.

(5) Every person who owns or has in hiscustody an elephant shall, upon payment ofthe prescribed licence fee, obtain from theprescribed officer an annual licence inrespect of such elephant.

(6) Where a person becomes the owner,or obtains the custody, of an elephant byvirtue of sale, gift, the death of the previousowner or in any other manner whatsoever,such person shall immediately inform theDirector or prescribed officer and, if theelephant is registered or licensed, take suchsteps as may be prescribed to have theprevious registration and licence cancelledand to have a fresh registration made and afresh licence obtained.

(7) Any person who owns, has in hiscustody or makes use of an elephant whichis not registered, and in respect of which alicence has not hern obtained, in accordancewith the provisions of this section, shall beguilty of an offence and shall on convictionbe liable to a fine not exceeding fivehundred rupees or to imprisonment of eitherdescription which may extend to threemonths or to both such fine andimprisonment.

XVII/303


(8) Regulations may be made—

(a) specifying the officers to whomapplications for registration of, andlicences in respect of, elephants shallbe made, and who shall have powerto register and issue licences inrespect of elephants;

(b) specifying the particulars to be set outin any such application, in thed o c u m e n t c e r t i f y i n g s u c hregistration and in such licence,including reference to identificationmarks and other details of theelephant to which the application,document certifying registration orlicence relates;

(c) specifying the conditions subject towhich such registration shall bemade and licence issued and thefees payable for such registrationand licence;

(cf) specifying the form in whichprescribed officers shall maintainregisters under this section ; and

(e) specifying the manner in which anysuch registration or licence shall becancelled and a fresh registrationmade and a fresh licence issued.

23. (1) Any person who is in unlawfulpossession of an elephant shall be guilty ofan offence and shall on conviction be liableto a fine not exceeding two thousand rupeesor to imprisonment of either description fora term which may extend to one year or toboth such fine and imprisonment; and thecourt may on the conviction of any suchperson make order for the disposal of theelephant in respect of which the offence wascommitted, having regard to the rights ofany other person who may appear to the courtto be lawful ly entitled to the possession ofsuch elephant-

(2) A person who is found in possessionof an elephant shall be deemed to be inunlawful possession of that elephantunless—

(a) he is the captor of that elephant underthe authori ty of a licence issued

under this Ordinance or under anywritten law repealed by OrdinanceNo. 2 of 1937; or

(b) he is the successor in title to suchcaptor; or

(c) he is in possession on behalf of suchcaptor or his successor in title.

24. (1) No person shall have in hispossession a tusk or tush unless such tusk ortush has been registered with a prescribedofficer.

(2) Every prescribed officer shall keep aregister for the registration of tusks andtushes in such form as may be prescribed.

(3) Any person who has in his possessiona tusk or tush which has not been registeredshall be guilty of an offence and shall onconviction be liable to a fine not exceedingtwo hundred rupees or to imprisonment ofeither description for a term which mayextend to two weeks or to both such fineand imprisonment.

(4) The court may, on the conviction ofany person of an offence under subsection(3), make order for the disposal of the tuskor tush in respect of which the offence wascommitted, having regard to the rights ofany other person who may appear to thecourt to be lawfully entitled to thepossession of such tusk or tush.

(5) Regulations may be made—

(a) specifying the officer who shall havepower to register tusks and tushes,and

(b) specifying the form in whichprescribed officers shall maintainregisters under this section.

25. (1) Where it appears to the Directoror to any police officer or other prescribedofficer that any person is in unlawfulpossession of any elephant, tusk or tush, itshall be lawful for the Director or suchpolice or other prescribed officer to seizesuch elephant, tusk or tush and detain suchelephant and to apply to the Magistratehaving jurisdiction over the place where the

Tusks andtushes to beregistered.[§ 18. 44 of1964.]

[§ 2, 1 of1970.]

Penalty forunlawfulpossession ofelephant.[§ 17, 44 of1964,][§ 2, I of1970.]

[§ 2, I of1970.]

Power ofDirector, &c.,to seizeelephant, tuskor tush onsuspicion.

[§ 19, 44 of1964.][§ 37, 1 of1970.][§ 2, I of1970.]

XVII/304


elephant, tusk or tush was seized to makeorder for the disposal of such elephant, tuskor tush and the Magistrate to whom suchapplication is made may, after such inquiryas he may deem necessary, make such orderfor the disposal of the elephant, tusk or tushas the justice of the case may require.

(2) An order made under this sectionshall not affect the liability of any person tobe prosecuted for any offence committed inrespect of the elephant, tusk or tush towhich the order relates.

26. (1) Any person who is in unlawfulpossession of—

(a) the meat or flesh of any deer or fowl;or

(b) the hide or horn of any deer; or

(c) the skin, feathers or eggs of any fowl,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingtwo hundred and fifty rupees or toimprisonment of either description for aterm which may extend to three months orto both such fine and imprisonment.

(2) A person who is found in possessionof—

(a) the meat or flesh of any deer or fowl;or

(b) the hide or horn of any deer; or

(c) the skin, feathers or eggs of any fowl,

shall be deemed to be in unlawful possessionthereof unless such meat, flesh, hide, horn,skin, feathers or eggs, as the case may be,was or were part of or taken or obtainedfrom any deer or fowl lawfully killed ortaken in accordance with the provisions ofthis Part of this Ordinance.

27. R e g u l a t i o n s may be m a d eprescribing the circumstances in which andthe conditions subject to which the Directormay waive or reduce the fee prescribed forthe issue of any licence under this Part ofthis Ordinance.

28. In this Part of this Ordinance, unlessotherwise expressly provided or unless thecontext otherwise requires—

" buffalo " means a wild buffalo ;

" deer" means any of the followingspecies of deer:—

(a) Sambur (Rusa unicolor unicolor),

(b) Spotted deer (Axis axisCeyionensis\

(c) Red or barking deer (Muntiacusmalabaricus),

(d) Mouse deer (Tragalusmeminna);

"elephant" means a wild elephant, andincludes a tusker, and for thepurposes of section 22A, includes atame or domestic elephant ortusker;

" fowl" means any of the followingspecies of fowl or partridge;—

(a) Pea fowl (pavo cristalus),

(b) Ceylon spur fowl (Galloperdixbisalcarata),

(c) Grey partridge (Francolinuspondicerianus),

(d) Painted partridge (Francolinuspie I us),

(e) Jungle fowl (gallus lafayetteii),

(f) Ceylon jungle bush quail(perdicula asialica Ceyionensis),

" tusk " means the tusk of a tusker;

" tush " means the tush of a tusker;

" tusker " means a wild elephant with apair of incisors (teeth) or a singleincisor.

29. The foregoing provisions of this Partof this Ordinance shall have no applicationto the hunting, killing, taking, pursuit, orpossession of—

(a) any elephant seized or taken at anyelephant kraal held under theElephant K-raal Ordinance, or

[§ 14. 1 of1970.]

[ § 2 1 . 44 of1964.]

[§21 , 44 of1964.][ § 2 1 , 44 of1964.]

[ § 2 1 , 44 of1964.][§21. 44 of1964.]

[§ 14, 1 of1970.]

Part I I not toapply toelephants, &c.,seized atkraals.

[§ 2, 1 of1970.]

[§19, 44 of1964.][§ 2, I of1970.]Penalty forunlawfulpossession ofmeat. &c., ofdeer and fowl.

[§ 13, 1 of1970.]

[§ 20, 44 of1964.]

Interpretationof Part II.

Specialregulations forPart II.[§ 37, 1 of1970.]

XVII/305


Offencesrelating tobirds.[§ 22. 44 of1964.]

(b) any buffalo seized or taken at anybuffalo kraal held in such mannerand circumstances and subject tosuch conditions as may beprescribed.

PART III

BIRDS. BEASTS, AND REPTILES

30. (1) Any person who in any areao u t s i d e a N a t i o n a l R e s e r v e or aSanctuary—

(a) knowingly kills, wounds or takes anybird ; or

(b) takes or destroys the eggs or nest ofany bird ; or

(c) uses any boat or any lime, snare, net,trap or other instrument for thepurpose of killing or taking anybird; or

(d) has in his possession or under hiscontrol any bird recently killed ortaken, or the skin of any birdrecently killed or taken, or thefeathers of any bird recently killedor taken or the recently taken eggsof any bird ; or

(e) exposes or offers for sale any bird orany part of any bird,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingtwo hundred and fifty rupees or toimprisonment of either description for aterm which may extend to three months orto both such fine and imprisonment;

Provided that no person shall be deemedto have committed an offence under thissection in relation to any bird specified inSchedule I at any time of the year, and inrelation to any bird specified in Schedule IIin the open season.

(2) A person shall not be guilty of anoffence under this section if the act whichconstitutes such offence has been done inthe circumstances and subject to thec o n d i t i o n s u n d e r w h i c h such act is

Offencesrelating toreptiles andbeasts includedin SchedulesIII and IV.[§ 23, 44 of1964.][§ 15, 1 of1970.]

authorized or permitted by any regulationmade under section 32.

31. (1) Any person who in any areaoutside a National Reserve or Sanctuary—

(a) kills, wounds or takes any reptile orbeast included for the time being inSchedules III and IV; or

(b) takes or destroys the eggs or nest ofany such reptile ; or

(c) uses any boat or any lime, snare, net,trap or other instrument for thepurpose of killing or taking anysuch reptile or beast; or

(d) has in his possession or under hiscontrol any such reptile or beastrecently killed or taken or the skinof any such reptile or beast recentlykilled or taken, or the recentlytaken eggs of any such reptile ; or

(e) exposes or offers for sale any suchreptile or beast or any part of anysuch reptile or beast; or

(f) purchases the skin of any such reptileor beast for the purpose of tanningor preparing such skin for use,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingtwo hundred and fifty rupees or toimprisonment of either description for aterm which may extend to three months orto both such fine and imprisonment:

Provided that no person shall be deemedto have committed an offence under thissection in relation to any reptile or beastspecified in Schedule IV in respect of anyaction permitted by virtue of a licence issuedby the Director.

(2) A person shall not be guilty of anoffence under this section if the act whichconstitutes such offence has been done inthe circumstances and subject to theconditions under which such act isauthorized or permitted by any regulationmade under section 32.

[§ 37, 1 of1970.]

XVII/306


[§ 23, 44 of1964.]

[§ 37, 1 of1970]

Sections 30and 31inapplicable inprescribedcases.[§ 16, 1 of1970.]

Alteration ofSchedules I , I I ,111 and IV.[§ 24, 44 of1964.]Proof ofspecies of bird,beast, orreptile.[§ 17, 1 of1970.]

[§ 25, 44 of1964.]

[§ 17, I of1970.]

Temporaryprohibitionagainst killingor t ak ing ofbirds inspecified areas.[§ 18. I of1970.]

(3) Every licence referred to in subsection(1) shall be issued in the prescribed form onpayment of the prescribed fee and shall bevalid for such period and within such limits,and be subject to such conditions, as theDirector may consider necessary orexpedient.

32. The Minister may by regulationprescribe the circumstances in which and theconditions subject to which any person maybe authorized or permitted to do any actwhich is penalized by section 30 or section31.

*34. The Minister may by regulationadd to, rescind, vary, or amend any of theprovisions of Schedules I, II, III and IV.

35. (1) A certificate purporting to besigned by any competent authority to theeffect that any bird. beast, or reptile or partof any bird, beast, or reptile forwarded tohim for examination and report is a bird,beast, or reptile or a part of a bird, beast, orreptile of a species for the time beingincluded in Schedule 1, Schedule II,Schedule III or Schedule IV, shall, onproduction in any court of law, be sufficientevidence of the facts stated in suchcertificate until the contrary is proved.

(2) For the purposes of subsection (1 ) ,the expression " competent authority"means—

(a) the Director of Museums;

(b) the Director, Zoological Gardens.

36. The Minister may by notification inthe Gazette declare that for a specifiedperiod no person shall shoot, kill, or takeany bird of any species in any area outside aNational Reserve or a Sanctuary mentionedin the notification ; and any person who inany such area and during such specifiedperiod shoots, kills, or takes any bird, saveon any cultivated land shall be guilty of anoffence and shall on conviction be liable toa fine not exceeding twenty-five rupees or toimprisonment of either description for aterm which may extend to one month or toboth such fine and imprisonment.

37. (1) No person shall import into SriLanka any living bird, beast, or reptile of aspecies which is not indigenous to SriLanka, or the eggs of any such bird orreptile, except upon a permit in theprescribed form obtained from theprescribed officer on payment of theprescribed fee.

(2) This section shall have effect as if itformed part of the Customs Ordinance andthe provisions of that Ordinance shall applyaccordingly.

(3) In any case of doubt or dispute acertificate purporting to be signed by theDirector of Museums to the effect that anybird. beast or reptile belongs to a specieswhich is not indigenous to Sri Lanka or thatany species of any bird, beast, or reptile is aspecies not indigenous to Sri Lanka, or thatany egg of any bird or reptile is the egg of abird or reptile of a species which is notindigenous to Sri Lanka shall for allpurposes be final and conclusive as to thefacts stated therein.

(4) In this section the expression "bird,beast, or reptile" does not include adomestic animal as defined in section 11.

38. Regulations may be made-

(a) requiring any person who imports anybird, beast or reptile on a permitissued under section 37 to producea certificate from an approvedauthority that such bird, beast, orreptile is free from disease orinfection;

(b) prohibiting any bird, beast, or reptileimported on a permit issued undersection 37 from being liberated orreleased in any pan of Sri Lanka,or prescribing any area or areaswithin which any such bird, beast,or reptile may be liberated orreleased ;

(c) exempting any specified species ofbird, beast, or reptile from theoperation of section 37 or of anyregulation made under this section.

Prohibition ofimport of non-indigenousbirds, beasts,and reptileswithoutpermits.

Regulationsrelating to non-indigenousbirds, beasts,and reptiles.

* Section 33 is repealed by Act No. I of 1970.

XVII/307


39. (1) Any person who—

(a) imports into Sri Lanka any bird,beast, or reptile in contravention ofthe provisions of section 37 or ofany regulation made under section38; or

(b) contravenes any regulation madeunder section 38,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingone thousand rupees or to imprisonment ofeither description for a term which mayextend to six months or to both such fineand imprisonment.

(2) Any person who liberates or releasesany bird, beast, or reptile which has beenimported into Sri Lanka in contravention ofthe provisions of section 37 shall be guilty ofan offence and shall, in addition to anypunishment to which he may be liable undersubsection (1) . be liable on conviction to afine of five hundred rupees in respect ofeach bird, beast, or reptile so liberated orreleased.

40. (1) No person shall export from SriLanka—

(a) any bird, beast or reptile, whetherdead or alive ; or

(b) the eggs. feathers, or plumage of anybird, the horns or skin of any beast,or the eggs or skin of any reptile, orany other part of any bird, beast orreptile,

except upon a permit in the prescribed formobtained from the prescribed officer onpayment of the prescribed fee.

(2) Such permit shall not be issued exceptfor the promotion of scientific knowledgeincluding supplies to museums, zoologicalgardens and in exchange for supplies tolocal museums or zoological gardens or forsuch other purposes as may be prescribed.

(3) This section shall have effect as if itformed part of the Customs Ordinance, andthe provisions of that Ordinance shall applyaccordingly.

(4) In this section—

" bird " or " reptile " does not include anybird or reptile of a .species which isnot indigenous to Sri Lanka;

" beast " does not include—

(a) any animal the exportation ofwhich is restricted by section19, or

(b) any domestic animal as definedin section 11, or

(c) any beast of a species which isnot indigenous to Sri Lanka.

(5) In any case of doubt or dispute acertificate purporting to be signed by theDirector of Museums to the effect that anybird, beast, or reptile belongs to a specieswhich is not indigenous to Sri Lanka, orthat any species of any bird, beast, or reptileis a species not indigenous to Sri Lanka, orthat any part of any bird, beast, or reptile isa part of a bird, beast, or reptile of a specieswhich is not indigenous to Sri Lanka, orthat any egg of any bird or reptile is the eggof a bird or reptile of a species which is notindigenous to Sri Lanka shall for allpurposes be final and conclusive as to thefacts stated therein.

41. Any person who exports from SriLanka any bird, beast, or reptile, whetherdead or alive, or any part of any bird, beast,or reptile, or any eggs, feathers, plumage,horns or skin in contravention of theprovisions of section 40 shall be guilty of anoffence and shall on conviction be liable toa fine not exceeding one thousand rupees orto imprisonment of either description for aterm which may extend to six months or toboth such fine and imprisonment.

PART IV

FLORA

42. (1) No person shall in any area—

(a) remove, uproot or destroy, or causeany damage or in jury to, any plantwhich is for the time being includedin Schedule V and —

(i) is the property of any otherperson; or

Penalty forunlawfulexport of birds.beasts, andreptiles.

Protection ofplants includedin Schedule V.[§ 28. 44 of1964,][§ 19, I of1970.]

[§ 27, 44 of1964.]

[§ 27. 44 of1964.]

Penalties forunlawfulimport orrelease of nop-indigenousbirds, beasts.and reptiles.

[§ 26, 44 of1964.]

Prohibition ofexport of birds.beasts, andreptiles withouta permit.

[§ 27. 44 of1964.]

[§ 27, 44 of1964.]

XVII/308


(ii) is growing in any public place;or

(b) destroy any plant which is for the timebeing included in Schedule V and ishis own property ; or

(c) sell or expose or offer for sale anyplant for the time being included inSchedule V,

except upon a permit in the prescribed formobtained from the prescribed officer onpayment of the prescribed fee.

(2) If no fee is prescribed for the issue ofa permit for the purposes of subsection (1),that permit shall be issued free of charge.

43. No person shall uproot or destroy orcause any damage or injury to any tree(hereinafter called a " protected tree")growing in any public place and includedfor the time being in Schedule VI :

Provided that nothing herein containedshall be deemed to prohibit or to pcnali/eany act done by or on the orders of anyperson entrusted by the State or by anylocal au thor i ty with the charge or care ofany protected tree if such act is done inorder to stimulate the growth or to improvethe condition or appearance or to secure thesafety or to preserve the existence of anysuch tree.

44. The Minister may by regulation addto, rescind, vary or amend any of theprovisions of Schedule V or Schedule V I ;

Provided that no tree shall be so addedto the list of trees in Schedule VI unless thattree is growing in a public place and unlessin the opinion of the Minister thepreservation or protection of that tree isnecessary or desirable for scientific oraesthetic purposes or on religious orhistorical grounds.

45. Regulations may be made—

(a) prohibiting or regulating theexportation from Sri Lanka of anyspecified plant, whether or not suchplant is included for the time beingin Schedule V ;

in Offences underPart IV.

(b) p r o h i b i t i n g or r e g u l a t i n g thecultivation of any specified plant;

(c) prescribing the conditions to beattached to any permit issued undersection 42;

(d) generally, for the protection andconservation of the wild vegetation,plant life and flora of Sri Lanka.

w h o acts46. Any pe r sonc o n t r a v e n t i o n —

(a) of the provisions of section 42 or ofany permit issued to him under thatsection or of any condition attachedto any such permit; or

(b) of the provisions of section 43 ; or

(c) of any regulation made under section45,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingone hundred rupees or to imprisonment ofeither description for a term which mayextend to one month or to both such fineand imprisonment.

47. Nothing in this Part of thisOrdinance shall affect the provisions of—

(a) the Forest Ordinance, or any rules orregulations made thereunder;

(b) the Water Hyacinth Ordinance ;

(c) the Plant Protection Ordinance, or ofany regulation made thereunder;

(d) the Tea Control Act, or of anyregulation made thereunder;

(e) the Rubber Control Act, or of anyregulation made thereunder;

(f) any other written law relating to thecultivation or to the regulation orthe prohibition of the cultivation ofany plant.

48. In this part of this Ordinance, unlessthe context otherwise requires—

" plant" means any member of thevegetable kingdom and includes theseed and any part of a plant otherthan the flower;

[§ 28, 44 of1964.][§ 19, 1 of1970.]

[§ 28, 44 of1964.][§ 19, 1 of1970;]

Protected trees.

[§ 29. 44 of1964,]

Alteration ofSchedules Vand VI.[§ 30, 44 of1964.]

[§ 30, 44 of1964.]

Regulationsrelating toflora.

[§31, 44 of1964.]

Savings-Part IV.

Interpretationof Part IV.

XVII/309


" public place " means any State land orland at the disposal of the State orland belonging to or vested in alocal authority and includes anyland which is not private property.

PART V

MISCELLANEOUS PROVISIONS

49. ( 1 ) No person shall carry on orexercise the business or trade of ataxidermist, tanner, curer or trophy-dealer,or any other business or trade involving thepurchase or sale of any animal, whetherdead or alive, or of any part of any deadanimal, except upon a licence in respect ofeach such business or trade in the prescribedform obtained from the prescribed officeron payment of the prescribed fee.

(2) Every licence issued under subsection(1) shall be subject to the prescribedconditions and if no fee is prescribed for theissue of such a licence, it shall be issued freeof charge.

(3) In this section "an imal" means ananimal as defined in section 11, but does notinclude a domestic animal as defined in thatsection.

50. ( 1 ) T h e M i n i s t e r m a y bynotification in the Gazette declare any roadin any area outside a National Reserve or aSanctuary to be a prohibited road for thepurposes of this Ordinance.

(2) Any person who discharges any gunon any prohibited road or on any landadjoining any such road and reserved for itsextension, protection or benefit, shall beguilty of an offence and shall on convictionbe liable to a fine not exceeding onehundred rupees or to imprisonment of eitherdescription for a term which may extend toone month or to both such fine andimprisonment.

(3) Regulations may be made prescribingthe means by which and the manner inwhich the fact that any road is a prohibitedroad for the purposes of this Ordinance maybe brought to the notice of members of thepublic who have occasion to use that roador to travel thereon.

51. No person shall shoot at any bird oranimal from any position in or on anymoving or stationary vehicle of any kind.

52. No person shall use any artificiallight for the purpose of enabling orfacilitating the destruction of any bird oranimal, whether by dazzling the vision ofany such bird or animal or otherwise.

52A. No person shall shoot at, injure orkill any prescribed animal, reptile or birdwithin a distance of one hundred yards froma water-hole or place where animals usuallygo to drink water.

53. E x c e p t in a c c o r d a n c e w i t hregulations, no person shall on any Stateland or any public thoroughfare outside aNational Reserve—

(a) hunt, shoot, kill, or take any an ima l ,reptile, or bird, between sunset andsunrise;

(b) set, lay, or spread any net, pitfall,trap, snare or other instrument forthe purpose of killing or taking anyanimal, reptile, or bird ; or

(c) construct or use any ambush, or hideon the ground or on a tree for thepurpose of shooting or injuring anyanimal, reptile or bird.

53A. No person shall use any poison,explosive or stupefying substance for thepurpose of poisoning, ki l l ing or stupefyingany animal, reptile or bird.

53B. No person shall have in hispossession, sell, expose for sale or transportthe flesh of any animal, reptile or bird whichhas been killed or taken by the use of anypoison, explosive, or stupefying substance:

Provided that no person shall beconvicted under this section if he provesthat he did not know and had no reasonablecause to believe that the animal, reptile orbird, whose flesh he is charged with havingin his possession, selling, exposing for saleor transporting, had been killed or taken bythe use of any poison, explosive, orstupefying substance.

Prohibit ion ofshooting fromvehicles.

Prohibition ofuse of artificiallights.

Prohibition ofshooting, &c..in vicinity ofwater-holes[§ 33, 44 of1964.][§ 20. 1 of1970.]Regulation ofhunting,shooting, &c.,on State landor publicthoroughfareoutsideNationalReserves.[§ 34, 44 of1964.][§2I , l of1970.]

[§ 34, 44 of1964.]

[§ 34, 44 of1964,]

Prohibition ofthe use ofpoison, &c., onanimals,reptiles orbirds.[§ 35, 44 of1964.]Prohibition ofthe possession,&c.. of theflesh of anyanimal, reptileor bird k i l ledor taken by theuse of poison,&c.[§ 35, 44 of1964.]

Taxidermistsand traders inanimals, skins,&c., to belicensed.[§ 32, 44 of1964.]

No gun to bedischarged ona prohibitedroad.

XVII/310

FAUNA.AND FLORA PROTECTION [Cap.567

Prohibit ion ofserving a.s foodthe flesh of anyanimal , reptileor bird thekilling of whichis prohibited.

Circumstancesin which actsotherwiseprohih i led maybe authorized.[§ 37, 44 of1964.][§ 37, I of1970.]

Refusal andrevocation oflicences andpermits.[§ 37, 1 of1970.]

54. No person shall at any restaurant,hotel, rest-house or eating house, serve orauthorize the .serving of any food whichconstitutes or conta ins the flesh of anyanimal, reptile or bird the kil l ing of which isat that time prohibited under thisOrdinance.

55. (1) The Director may by a writingunder his hand authorise any person to doany act otherwise prohibited or penalizedunder this Ordinance or any regulationmade thereunder, if in the opinion of theDirector such act should be authorized forthe protection, preservation or propagation,or for the scientific study or investigation,or for the collection of specimens for a zoo,museum or similar-institution, of the faunaand flora of Sri Lanka.

(2) No person a u t h o r i z e d unde rsubsection (1) to do any act shall, by reasononly of the commission of that act, be guiltyof an offence under this Ordinance or anyregulation made thereunder.

PART VI

GENERAL

LICENCES AND PERMITS

56. (1) The Director or any officerempowered to issue a licence or permitunder this Ordinance or any regulationmade thereunder may in his discretion—

(a) insert in any such licence or permitany condition which he mayconsider necessary or expedient;

(b) refuse to issue any such licence orpermit;

(c) revoke any such licence or permit, bynotice in writing to the person towhom such licence or permit wasissued.

(2) Any person aggrieved by the refusalor revocation of any permit or licence (otherthan a licence under section 49) may appealagainst such refusal or revocation to theMinister.

(3) Any person aggrieved by the refusalto issue a licence under section 49 or by therevocation of any licence issued under thatsection may appeal against such refusal orrevocation to the Minister.

(4) The decision of the Minister on anyappeal preferred under subsection (2) orsubsection (3), as the case may be, shall befinal and conclusive.

(5) Regulations may be made prescribingthe time within which appeals shall bepreferred and generally in respect of allmatters incidental to or connected with thehearing or disposal of such appeals.

57. (1) No person other than the personnamed in any licence or permit issued underthis Ordinance or any regulation madethereunder shall be entitled under cover ofthat licence or permit to do any act toauthorize which that licence or permit wasissued.

(2) Any person who transfers to anyother person any licence or permit issued tohim under this Ordinance or any regulationmade thereunder shall be guilty of anoffence and shall on convict ion be liable toa fine not exceeding one hundred rupees orto imprisonment of either description for aterm which may extend to one month or toboth such fine and imprisonment.

OFFENCES AND PENALTIES

58. Any person who does any act incontravention of any of the provisions ofthis Ordinance or of any regulation or ofany condition inserted in any licence orpermit issued under this Ordinance or underany regulation shall be guilty of an offencepunishable, where no other penalty isexpressly provided by this Ordinance, witha fine not exceeding three hundred rupees orwith imprisonment of either description fora term which may extend to three months orwith both such fine and imprisonment.

58A. Notwithstanding anything in anyother provision of this Ordinance, whereany person is convicted of the offence ofkilling, hunt ing, shooting, injuring ortaking, or of having in his possession orunder his control, any wild elephant within

Licences andpermits not tohe transferred.

Generalpenalty.

[§ 38, 44 of1964.]

Special penaltyfor offencesagainstelephants.[§ 22, 1 of1970.]

XVII/311


Attempts andabetment.

Generalexceptions tocriminalliability.

[§ 39, 44 of1964.]

[§ 39, 44 of1964.]

[§ 23, 1 of1970.]

a Natural Reserve or Sanctuary, he shall beliable to be punished with a fine notexceeding three thousand rupees, or toimprisonment of either description for aterm which may extend to three years, or toboth such fine and imprisonment.

59. Any person who attempts to commitor abets the commission of any offenceunder this Ordinance or any regulationmade thereunder shall himself be guilty ofthe same offence.

60. (1) An act otherwise prohibited orpenalised under th i s Ordinance or anyregulation made thereunder shall not be anoffence if it is done—

(a) for the purpose of protecting anyhuman being or any domesticanimal from any immediate dangeror from injury by any wild animal ;or

(b) for the purpose of killing or taking inor in the immediate vicinity of anyhuman dwelling or of the land inwhich such dwelling is situate anyleopard, bear. wild boar, crocodileor poisonous reptile.

(2) In this section the expressions"animal", '"domestic animal" and "wildanimal" respectively have the meaningsassigned to those expressions in section 11.

(3) The following provisions shall applyin any case where any wild animal is killedor taken by any person in suchcircumstances that such killing or taking isnot an offence by virtue of the operation ofsubsection (1):—

(a) such person shall forthwith reportsuch ki l l ing or taking to any policeofficer or grama seva niladharientitled to officiate in the areawithin which such killing or takingtook place, or to any prescribedofficer;

(b) such police officer or grama sevaniladhari or prescribed officer, asthe case may be, shall, upon thereceipt of such report, investigatethe circumstances in which such

killing or taking took place andreport the result of the investigationto the Director;

(c) such wild animal shall be theproperty of the State andaccordingly such police officer orgrama seva niladhari or prescribedofficer, as the case may be—

(i) shall, if such wild animal was sotaken, take over such wildanimal for and on behalf ofthe State; or

(ii) shall, if such wild animal was sokilled, take over the carcase ofsuch wild animal for and onbehalf of the Slate, and shallthereafter sell such carcase bypublic auction, issue a receiptin respect of such sale to thepurchaser, and credit theproceeds of such sale to theWild Life Preservation Fund.

(4) Any person who fails to report thekilling or taking of any wild animal to anypolice officer or grama seva niladhari orprescribed officer as required by paragraph(a) of subsection (3) shall be guilty of anoffence and shall on conviction be liable toa fine not exceeding two hundred and fiftyrupees or to imprisonment of eitherdescription for a period which may extendto three months or to both such fine andimprisonment.

*62. The Director may at any timecompound any offence under thisOrdinance; and where a prosecution hasbeen entered against any person for anyoffence under this Ordinance, the Directormay compound such offence at any timebefore judgment and may withdraw suchprosecution.

63. It shall be lawful for a Magistratesummarily to try any offence under thisOrdinance or under any regulation :

Provided that nothing herein containedshall affect the right of a Primary Court totry any such offence in respect of whichjurisdiction is conferred on such court.

[§ 23, 1 of1970.]

[§ 40, 44 of1964.]

Power tocompoundoffences.[§ 37, 1 of1970.]

Offences tobe triablesummarily byMagistrates'Courts,

* Section 61 is repealed by Act No. 44 of 1964.

XVII/312


64. (1) E x c e p t as is h e r e i n b e f o r eexpressly provided in regard to the disposalof any elephant or of the carcase of anyelephant or the tusks of any tusker on theconviction of any person for an offencerelating to an elephant, any animal or anypart of any animal in respect of which anyoffence has been committed and any gun,vehicle, boat, artificial light, snare, net, trap,or other instrument, contrivance, applianceor thing used in or for the commission ofany offence may be confiscated by order ofthe court before which the offender isconvicted and may be disposed of in .suchmanner as the court may direct.

(2) In this section " animal" means ananimal as defined in section 11.

65. Where a prosecution under thisOrdinance or any other written law isinstituted by an officer of the Department ofWild Life Conservation, the court maydirect that one-half of any fine recovered inthe case shall be paid into the Wild LifePreservation Fund which shall bemaintained and operated on by the Directorin the prescribed manner.

66. ( 1 ) Where a police officer orprescribed officer has reasonable groundsfor believing that any person has committedan offence he may, subject to suchrestrictions as may be prescribed—

(a) require such person to produce for hisinspection any animal or bird or thecarcase or part of the carcase of anyanimal or bird in his possession,or any licence, permit or otherdocument issued to him or requiredto be kept by him under theprovisions of this Ordinance ;

(b) stop and search any person or anyboat, vessel or vehicle and open anypackage or container found on suchperson or carried in such boat,vessel or vehicle;

(c) seize any animal or bird or the carcaseor part of the carcase of any animalor bird in the possession of anyperson and appearing to suchofficer to be the property of theState under the provisions of thisOrdinance ;

(d) unless he is satisfied that such personwill appear and answer any chargepreferred against him, arrest anddetain such person without warrantand seiz.c anything in his possessionwhich may be produced in evidenceof his offence;

(e) seize any boat, vessel, vehicle, gun,cartridge, knife, torch, battery, orany other article or equipmentwhich appears to such officer to havebeen used in the commission of theoffence, or which may be producedin evidence of the offence.

(2) Any person who without reasonablecause fails to produce and hand overanything which a police officer or prescribedofficer acting under the provisions of thissection may require him to produce or handover, shall be guilty of an offence.

(3) Any person who—

(a) fails or refuses to stop any boat, vesselor vehicle when called upon to doso by a police officer or prescribedofficer, or

(b) does not allow the search of any boat,vessel or vehicle by a police officeror prescribed officer, or

(c) refuses to be searched by, or obstructsor resists, or escapes or attempts toescape from the custody of. a policeofficer or prescribed officer actingunder the provisions of thisOrdinance,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingfive hundred rupees or to imprisonment ofeither description for a term which mayextend to six months or to both such fineand imprisonment.

66A. Any officer appointed for thepurposes of this Ordinance under section68—

(a) who is gui l ty of prevarication in anyjudicial t r ia l for an offence underthis Ordinance; or

Power ofMagistrate'sCourt to makeorder ofconfiscation.[§ 2, I of1970.]

[§ 24, 1 of1970.]

Share of finesto the WildLifePreservationFund.[§ 4 1 , 44 of1964,][§ 25. 1 of1970.][§ 37, 1 of1970.]

Powers ofarrest andsearch.[§ 42, 44 of1964.]

[§ 26, 1 of1970.]

[§ 26, 1 of1970.]

[§ 26, I of1970.]

[§ 26, 1 of1970.]

Offences byofficers.[§ 27, I of1970.]

XVII/313


Power toascertain nameand address ofan offender.[§27. I of1970.]

Erection .ofbarriers andsearch ofvehicles, &c..on roadsadjoiningNationalReserve, &c.[§ 28, I of1970.][§ 37, 1 of1970.]

(b) who wi l ful ly fails in his duty to reportany offence under this Ordinance,

shall be guilty of an offence and shall onconviction be liable to a fine not exceedingone hundred rupees or to imprisonment ofeither description for a term which mayextend to one month or to both such fineand imprisonment.

66B. Where any person is foundoffending against any part of thisOrdinance, it shall be lawful for anyprescribed officer to require the personoffending to state his name and place ofabode, and in case a person so offendingafter being so required refuses to state hiscorrect name or place of abode or states aname or place of abode which is incorrect,he shall be guilty of an offence and shall, onconviction, be liable to a fine not exceedingtwenty rupees.

67. (1) For the purpose of preventingthe commission of offences against section 8of this Ordinance on any portion of anyroad running alongside a Strict NaturalReserve, National Park or IntermediateZone, Nature Reserve, Jungle Corridor orSanctuary—

(a) it shall be lawful for the Director tocause barriers to be placed acrosseach end of that portion of theroad, so as to enable vehicles to bestopped and searched thereat ashereinafter provided ; and

(b) it shall be lawful for a prescribedofficer to stop at such barrier anyvehicle which is about to enter thatportion of the road, and to searchthe vehicle and any person in thevehicle, for the purpose ofascertaining whether any gun isbeing carried therein, and in anycase where any gun is so foundtherein, to require the person forthe time being in charge of thevehicle to permit such officer or anyother person specified by suchofficer to travel in that vehicleduring the whole or any part of thejourney to be performed on thatportion of the road.

(2) Where the person for the time beingin charge of any vehicle which is stopped atany barrier under subsection (1) refuses,upon being required so to do under thatsubsection, to permit a prescribed officer orany person specified by such officer to travelin the vehicle, it shall be lawful for theprescribed officer to take such steps as maybe necessary to prevent the vehicle fromproceeding beyond the barrier.

67A. Where any offence under thisOrdinance is committed by any person inany part of the territorial waters* of SriLanka, the Magistrate's Court havingjurisdiction—

(a) over the part of the coast nearest towhich the offence was committed ;or

(b) over the place at which the personcame ashore after the commissionof the offence,

shall have jurisdiction to try the offence.

67B. (1) Notwithstanding anything tothe contrary in the First Schedule to theCode of Criminal Procedure Act, everyoffence under this Ordinance shall be acognizable offence and a bailable offencewithin the meaning of that Act.

(2) The Director and every prescribedofficer shall have the power to release anyperson arrested under this Ordinance onbail or on such person executing a bondwith or without sureties.

67C. The Director and every prescribedofficer shall be deemed to be a peace officerwithin the meaning of the Code of CriminalProcedure Act for exercising, for thepurposes of this Ordinance, any powerconferred on peace officers by that Act.

67D. (1) The Director and, subject tothe provisions of subsection (2), everyprescribed officer shall exercise the powersthat may be exercised in respect ofcognizable offences by an inquirer, or by anofficer in charge of a police station, underthe provisions of Chapter XI of the Code ofCriminal Procedure Act.

Jurisdictionover offencescommitted atsea.[§ 29, 1 of1970,]

Offences underthe Ordinanceto becognizable andbailable.[§ 29, I of1970.]

The Directorand prescribedofficers to bepeace officers.[§ 29, 1 of1970.]

Power ofDirector andprescribedofficers to holdinquiries.[§ 29, 1 of1970.]

* See sections 2 and 11 of the Maritime Zones Law.

XVII/314


(2) The powers referred to in subsection(1) shall not be exercised by a prescribedofficer in any place which is outside thelimits of the area to which he is appointed.

(3) An inquiry under this section shall beheld at or in the neighbourhood of the placein which the offence is alleged to have beencommitted.

67E. The provisions of the Code ofCriminal Procedure Act relating to arrests,searches, search warrants, the release ofpersons arrested on bail or on the executionof bonds, the production of personsarrested, and the investigation of offencesshall be held to be applicabie to all actiontaken in these respects under thisOrdinance.

67F. Where any person convicted of anyoffence under section 6 or section -7 inrespect of any State land continues to be inunlawful or unauthorized possession oroccupation of such State land or anyportion thereof, the district director of thedistrict or area in which such State land issituated may issue a notice on such personforthwith to vacate the land of which he isin unlawful or unauthorized possession oroccupation and if he fails to do so he maybe ejected from the land under theprocedure prescribed by sections 120 to 127(both inclusive) of the Land DevelopmentOrdinance as if—

(a) that land were a holding under thatOrdinance,

(b) the notice issued under this sectionwere a notice under section 119 ofthat Ordinance,

(c) the reference in section 124* of thatOrdinance to the person whosegrant has been cancelled were areference to the person to whom anotice under this section has beenissued, and

(d) the district director of the district orarea in which that land is situatewere the Government Agentexercising, discharging orperforming in respect of a holding

of this Appointment_ of officers.

any power, duty or functionimposed upon or assigned to theGovernment Agent under thatOrdinance.

APPOINTMENT OF OFFICERS ANDADVISORY COMMITTEE

68. ( 1 ) For the purposesOrdinance, there may be appointed

(a) a person by name or by office to be orto act as Director, or as DeputyDirector, Wildlife Conservation,

(b) a person by name or by office to be orto act as district director, WildlifeConservation, for any specifieddistrict or area;

(c) a person to act as an honorary districtd i rec tor . W i l d l i f e Conserva t ion ,for any specified district or area;

(d) such other officers and servants asmay, from time to time, berequired.

(2) In the exercise of their powers and inthe discharge of their duties under thisOrdinance all persons, officers and servantsappointed under this section shall be subjectto the general direction and control of theMinister.

(3) All persons, officers and servantsappointed under this section shall bedeemed to be public servants within themeaning of the Penal Code.

69. The Director may with the approvalof the Minister delegate to any districtdirector or to any honorary district directorin respect of his district or area any poweror duty conferred or imposed on theDirector by this Ordinance or by anyregulation made thereunder.

70. (1) The Minister may appoint anadvisory committee which shall consist ofthe Director as chairman and of elevenother persons, for the purpose of advisingthe Director and making recommendationsto the Minister on all matters and questionsrelating to the fauna and flora of Sri Lanka.

Delegation ofpowers ofDirector.[§ 44, 44 of1964.][§ 37, 1 of1970.]

Advisorycommittee.[§ 37, I of1970.]

Arrests,searches, &c.,how to bemade,[§ 29, 1 of1970.]

Ejectment fromState land.[§ 29, 1 of1970.]

[§ 30. 1 of1970.]

[§ 30. I of1970.]

[§ 43. 44 of1964.]

[§ 30, 1 of1970.]

* Section 124 of the Land Development Ordinance has been repealed by Act No. 16 of 1969.

XVII/315


(2) Meetings of the advisory committeeshall be held at least twice in every year.

(3) The advisory committee shall beentitled to determine its own procedure inany matter of procedure for which noprovision is prescribed.

GENERAL REGULATIONS

71. ( 1 ) The M i n i s t e r may m a k eregulations for the purpose of carrying outor giving effect to the principles andprovisions of this Ordinance.

(2) In pa r t i cu la r and w i t h o u t prejudice tothe generali ty of the powers conferred bysubsection ( I ) , the Minister may makeregulations for or in respect of all or any ofthe fo l lowing matters :—

(a) the circumstances in which and theconditions subject to which theDirector may exercise the powersconferred on him by section 55 ,

(b) the circumstances in which and thec o n d i t i o n s subject to which anylicence or permit may be issued freeof charge;

(c) the fee to be paid for any licence orpermit issued under this Ordinanceor under any regulation, and themode and manner of payment orrecovery of any such fee ;

(d) the prohibit ion or regulation of thei m p o r t , m a n u f a c t u r e , s a l e ,possession or use of any head-gearso constructed as to be capable ofbeing fitted with any lamp orartificial light or of any lampconstructed so as to be capable ofbeing fitted into any head-gear ;

(e) the period of office of the members ofthe advisory committee appointedunder section 70, the manner inwhich meetings of that committeeshall be convened, the procedure tobe followed at such meetings, andt h e m a n n e r i n w h i c h t h erecommendations of that committeeshall be made;

(f) the declaration of any period otherthan that specified in section 72 as a

close season in respect of anyparticular species of bird or beasteither throughout the whole of SriLanka or in any specified area ;

(g) the establishment and admin i s t r a t i onof the " Wildl i fe PreservationFund " and the purposes for whichthat Fund may be employed ; and

(h) all matters for which regulations arerequired or authori/ed to be madeunder this Ordinance, all mattersstated or required by this Ordinanceto be prescribed, and ail othermatters incidental to or connectedwith such matters.

(3) Every regulation made by theMinister shall be brought before Parliamentby a motion that such regulation shall beapproved. No regulation made by theMinister shall have effect until it has beenapproved by Par l iament , Notif icat ion ofsuch approval shall be publ ished in theGazette.

(4) A regulation made by the Ministerwhen approved by Parliament shall, uponnotification of such approval in the Gazette,be as val id and effectual as if il were hereinenacted.

INTERPRETATION AND SAVINGS

72. (1) In this Ordinance, unless thecontext otherwise requires—

" close season " means the period from thethirtieth day of April to the thirty-first day of October in each year, orsuch other period as may beprescribed in respect of anyparticular species of bird or beasteither throughout the whole of SriLanka or in any specified area;

" cultivated land " includes land used foichena cultivation when a crop isgrowing on such land ;

"Director" means the person appointedto be or to act as the DirectorWildlife Conservation, for thtpurposes of this Ordinance, ancincludes the Deputy Director, Wildlift

Generalregulations.

[§ 37. 1 of1970.]

[§ 45, 44 of1964.]

[§ 45. 44 of1964.]

Interpretation.

[ § 3 1 . 1 of1970.]

XVII/316


Conservation, appointed for suchpurposes;

"district director" means a districtdirector. Wi ld l i f e Conservation,appointed for the purposes of thisOrdinance;

" I n t e r m e d i a t e Zone" means anIntermediate Zone declared undersection 2 ( 1 ) ;

"gun" has the same meaning as in theFirearms Ordinance;

" honorary district director" means anhonorary district director. WildlifeConservation, appointed for thepurposes of this Ordinance;

"Jungle Corridor" means a JungleCorridor for elephants constitutedby Order under section 2 (1);

" loca l a u t h o r i t y " i n c l u d e s a n yMunicipality, Urban Council, TownCouncil, or Village Council andincludes the inhabitants* of avillage area constituted under theVillage Councils Ordinance;

"National Park " means a National Parkconstituted by Order under section2(1) ;

" National Reserve " means a NationalReserve constituted by Order undersection 2 ( 1 ) ;

" Nature Reserve" means a NatureReserve constituted by Order undersection 2 (1 ) ;

" offence " means an offence under thisOrdinance or under any regulation ;

" open season " means that portion of theyear that is not included in the closeseason;

" police officer " includes any grama sevan i l a d h a r i a p p o i n t e d by aGovernment Agent to performpolice duties;

" prescribed" means prescribed by thisOrdinance or by regulation ;

" regulation " means a regulation made bythe Minister under this Ordinance ;

" S a n c t u a r y " m e a n s a S a n c t u a r yconstituted by Order under section2(2);

" Sri Lanka" includes the territorialwaters of Sri Lanka ;

" State land " means all land to which theState is lawfully entitled togetherwith all rights, interests andprivileges attached or appertainingthereto;

" Strict Natural Reserve " means a StrictNatural Reserve constituted byOrder under section 2 (1 ) ;

" territorial waters " means the part ofthe sea within a distance of threenautical miles from any point of thecoast of Sri Lanka measured fromthe low-water mark of ordinaryspring tides.

(2) Any reference in this Ordinance or inany regulation or in any other written law toa Schedule of this Ordinance shall bedeemed to be a reference to the Schedule forthe lime being in force.

73. Every licence issued by anyauthority under any writ ten law repealed byOrdinance No. 2 of 1937 for the doing ofany act for which a licence is required bythis Ordinance shall be valid and continuein force until the expiration of the periodfor which it was granted.

74. All such proclamations, notificationsand orders issued, and all such regulationsand rules made, and all such concessions,permissions and authorizations given, andall such royalties fixed under any writtenlaw repealed by Ordinance No. 2 of 1937 asare in force at the date on which thisOrdinance comes into operation shall, so faras they relate to matters for which provisionmay in any manner be made under this

Savings—Licences.

SavingsProclamations,notifications.rules, &c.

[ § 3 1 , 1 of1970.]

[ § 3 1 , 1 of1970.]

[§ 46. 44 of1964.]

[ § 3 1 , 1 of1970.]

[§ 46, 44 of1964.]

[§ 46, 44 of1964.]

* See Section 3 (now repealed) of Ordinance No, 9 of 1924.+ See also Section 2 and I i of the Marit ime Zones Law.

XVII/317

Cap. 567] FAUNA AND FLORA PROTECTION

Ordinance and so far as they are not in any National Reserve or Sanctuary asinconsistent with the provisions of this from the date on which such NationalOrdinance, continue in force unless or until Reserve or Sanctuary is duly constitutedprovision in regard to such matters is made under section 2 ; but, subject asin accordance with the provisions of this aforesaid, the provisions of thatOrdinance. Ordinance shall continue to be in

75. The provisions of the Fisheries operation in any area outside a NationalOrdinance shall cease to be in operation Reserve or a Sanctuary.

XVII/318

Operation ofFisheriesOrdinance.

Cap. 567] FAUNA AND FLORA PROTECTION

[§ 35, 1 of SCHEDULE V1970.]

PROTECTED PLANTS [Section 42.]

English Name Botanical Name Sinhalese Name Tamil Name

Wesak Orchid or May Dendrobium Macarthiae Thw. Wesak mala —Orchid

Baobab Tree or Judas Adansonia digitata L. — Papparappuli or Perukka orbag, or Monkeybread- Anaippuli

TreeFox-tail Orchid or Rhynchostyles retusa Bl. — —

Ballicaloa OrchidSpagnum moss Bogmoss Sphagnum zeylanicam Mitt. — —Primrose Orchid Dendrohium Heterocarpum — —Daffodil Orchid Ipsea Speciosa — _Anuradhapura Orchid Vanda Tessellala (Roxburgh!!) Rat-tha or Rassana

— Vanda Spathulata — —— Cleistanthus collinus Madara Wudacha-maram

[§47,44 of SCHEDULE VI1964.]

PROTECTED TREES [Section 43.]

1. The tree popularly known as Knox's Tree, situated at Muthur in Koddiyar pattu in the administrative districtof Trincomalee:—

English Name .. TamarindBotanical Name .. Tamarindus indicaSinhalese Name . , SiyambalaTamil Name .. Puli

*3. The tree popularly known as Orubendi-Siyambalagaha near about the 5 '/^ mile-post from the Elahera anicut onthe Elahera Canal situated in the Matale District of the Central Province :—

English Name . . TamarindBotanical Name . . Tamarindus indicaSinhalese Name . . SiyambalaTamil Name .. Puli

* Item 2 omitted by Act No. I of 1970.

XVII/324

Documents

FAUNA AND FLORA PROTECTION [Cap. 567 - … · FAUNA AND FLORA PROTECTION [Cap. 567 CHAPTER 567 FAUNA AND FLORA PROTECTION Ordinances A N ORDINANC E TO PROVID FOR TH PROTECTIO OF FAUN