PART 1 : SECTION (1) –GENERAL

Government Notifications

The Fauna and Flora Protection Ordinance

Regulations made by the ministry of lands, irrigation and Mahaweli development by virtue of the powers wasted in him by section 24 read with section 71 of the Fauna and Flora Protection Ordinance (Chapter 469) and approved by the parliament.

Gamini Athukorala

Ministry of Lands, irrigations and Mahaweli development

Regulations

1. This regulation may be cited as the registration of tusks and tushes regulations, 1992
2. For the purpose of section 24 of the ordinance , the director or the divisional secretary of the administrative district in which the person in whose position a tusk or tush is usually kept resides shall be the “prescribe officer to whom and application for the registration of a tusk or tush shall be made, an who has shall in terms of these regulations be empowered to register a tusk or tush”
3. Every application for the registration of a tusk or tush under these regulations shall be

(a) Made by the person in whose position and control the tusk or tush to which the application relates, is ;

(b)Substantially in form a set out in the schedule hereto; and

(c)Accompanied by two copies of size 3”*4” of a photo graph of the size view of the tusk or tush to which the application relates, and the photograph shall also depict horizontal a legible centimeter scale, showing the approximately size of the tusk or tush.

4. A registration fee of rupees five hundred shall be payable for the registration of any tusk or tush and shall be tendered alone with the application form.
5. Upon receipt of an application and the registration fee the prescribed officer shall if the application is in order forth with register tusk or tush to which the application relates.
6. (1) Upon registration of the tusk or tush the applicant shall become the owner thereof .prescribed officer shall issue to the owner or certificate of registration in respect to the tusk or tush, which shall be substantively in form be set out in the schedule hereto.

(2) The certificate of registration issued under sub- sections (1) shall be subject to the conditions set out therein.

7. The register in which shall be entered all registrations of tusk or tush and required to be maintained by the director and the prescribed officer under section 24 (5)(b) of the ordinance shall be substantially in form C set out in the schedule hereto.
8. The certificate of registration issued in respect of any tusk or tush shall be carried by the person to whom hit is issued who is the owner thereof or the person in whose position or control the tusk or tush is during transportation shall be product where ever requested to do so, by any officer of the department of wildlife conservation or by any divisional secretary or forest officer, police officer or Grama Niladari, as the case may be.
9. The loss or destruction of any tusk or tush shall be notified to the prescribed officer immediately after the occurance of such of loss of distraction by the person who was registered as the owner of the tusk or tush or who had the position of, or control such tusk or tush at the time of such loss. Upon loss or destruction the certificate of registration shall be forth with surrendered to the prescribe officer. Where a tusk or tusk which was lost is found the person who found tusk or tush shall immediately notified prescribed officer of such fact without delay. The prescribed officer shall in such an event return the certificate of registration to the owner.

10.(1) Where any person options the position or control of any tusk or tush by virtue of sale ,gift, the date of the previous owner or in any other manner whatsoever ,such person shall , within one month of this so obtaining position or control give notice in writing to the prescribed officer of such fact. He shall also submit a complete application form in form A to the schedule hereto, and the registration fee, specified in regulation to the prescribed officer and the certificate of registration relating to the particulars of tusk or tush.

(2)The prescribed officer shall, upon being satisfied that the applicant is the person who for the time being is entitled to the position of control of the tusk or tush cancelled the previous registration and register the applicant as the new order.

11. Upon the registration of a new owner, the prescribed officer shall make the necessary entries in the certificate of registration which shall be evidence of ownership of the tusk or tush.
12. When ever a copy of a photograph sent by and applicant under regulations three is damaged, or defaced, or lost the prescribed officer may, in writing, required the person who forwarded such photograph to transmit to him a fresh copy of such photo of photograph. It shall be the duty of such person to comply with this requirements within the time specified.
13. Every person who furnisher’s information which is false or incorrect in an application for the registration of any tusk or tush, shall be guilt’s of and offence.
14. All registration fees received under this regulation shall be created to the wildlife preservations fund established under the ordinance
15. In this regulations “Director” as the same meaning as in the ordinance; and

“The Ordinance” means the Fauna and Flora Protection Ordinance (Chapter 469). 

 

PART 1 : SECTION (1) – GENERAL

Government Notifications

The Fauna and Flora Protections Ordinance

 

REGULATIONS

Made by the minister of environment and natural resources by virtue of the powers wasted in him by section 24 read with section 71 of the Fauna and Flora Protection Ordinance (Chapter 469)

Rukman Senanayake

Ministry of Environment and Natural Resources

Colombo 13 th December 2002

Regulations

1The tusk and tush regulations ,1992 published in gazette extraordinary no 741/14 of November 19 ,1992 are hereby amended as follows : –

(1.)In regulations 2 thereof ,by the substitution for the words “the director of the divisional secretary of the administrative district in which the person in whose position a tusk or tush is usually kept resides” of the words “The Director”.

(2.)By the refill of regulation 5 thereof ,and the substitution there for of the following new regulation :- “5.The Director shall have the authority to reject any application received under regulation 2 for registration, unless the application is in the prescribed form or contents the required information to the satisfaction of the director”.

(3.)In the scheduled thereof ,by the addition immediately after item 5 ,of the following new item:- “6 the following documents are annexed hereto (a) Documentary evidence in proof of ownership or position of the tusk or tush (b)A certificate issued by the Grama Niladari of the Division in which the applicant resides ,to the effect that the particulars specified by the applicant under item 1 are correct ”

 

 

PART I: SECTION (I) – GENERAL

Government Notifications

THE FAUNA & FLORA PROTECTION ORDINANCE

REGULATIONS made by the Minister of lands , irrigation & Mahaweli Development by virtue of the powers vested in him by section 22A & 71 of the Fauna & Flora Protection Ordinance(chapter 469), As amended by the Act, No 44 of 1964 & Act No.1 of 1970 & approved by Parliament.

Gamini Athukorala

Minister of lands, irrigation & Mahaweli Development Colombo May 4 th, 1991

Regulations

1. These regulations may be cited as the Registration & Licensing of Tuskers & Elephant regulation, – 1991.
2. For the purpose of section 22A of the Ordinance, the Director or the Government Agent of the Administrative district in which a tusker or elephant is usually kept shall be the prescribed officer to whom an application for the registration of & a license in respect of, such tusker or elephant shall be made & who shall have power to register & issue a license in respect of such tusker or elephant.
3. Every application for the registration of a tusker or elephant under these regulations shall be-

(a) Substantially in form A setout in the Schedule hereto; &

(b) Accompanied by two copies of size 3”x3” of photograph of the side view of the tusker or elephant to which the application relates.

 4.” Every application for a license in respect of a tusker or elephant under these regulations shall be –

(a) Substantially in Form B setout in the schedule hereto;

&

(b) Accompanied by two copies of size 3”x 4” of a photograph of a side view of the tusker or the elephant to which the application relates.

5. (1) The fee for the registration of any tusker or elephant shall be five hundred rupees

(2).No fee shall be lived for any subsequent registration of a tusker or elephant

(3) Every registration of a tusker or elephant shall be substantially in Form C set out in the schedule hereto & shall be subject to the conditions setout therein.

6. (1) The fee for the issue of the license in respect of a tusker or elephant or for the renewal of such license shall be two hundred & fifty rupees.

(2) Every license shall be substantially in Form D set out in the schedule here to & shall be subject to the conditions setout therein.

(3) Every license shall expire on the 31 st day of December of the year respect of which it is issued.

 

7. (1) It shall be the duty of every person to whom a license has been issued under these regulations, unless he had sold or transferred or otherwise disposed of the tusker or elephant or the tusker or elephant has died, to made an application for the renewal of such license one month prior to the date of the expiry of such license. Where an application for the renewal of a license is not made one month prior to the date of expiry, the license shall be liable to a penalty of fifty rupees in respect of every delay of one month in applying for such renewal.

 

(2) The license may be renewed by the endorsement of the renewal thereof by a prescribed officer.

 

8. The register to be maintained by the Director under section 22A (4) of the Ordinance shall be substantially in form E setout in the schedule hereto.

 

9. Every prescribed officer other than the Director shall maintain a register of tuskers & elephants which shall be substantially in form F set out in the Schedule hereto.

 

10. The document certifying registration of & the license issued in respect of any tusker or elephant shall be carried by the person to whom it is issued or the mahout who accompanies such tusker or Elephant shall be produced him Whenever requested to do by any officer of Department of Wildlife Conservation or by any government Agent, Divisional Revenue officer, forest Officer, Police officer or Grama Sevaka as the case may be.

 

11. The date,loss or escape of any tusk or elephant shall be notified to the prescribed officer immediately after the occurance of such date; loss or escape ,by the person who owned or had the custody of such tusker or elephant at the time of such death ,loss or escape .Where a tusker or elephant which was lost or had escaped is found or captured the person who found or captured such tusker or elephant shall immediately notified the prescribed officer of such finding or capture.

 

12 (1) Where any person becomes the owner or obtains the custody, of any tusker or elephant by virtue of sale ,gift, the death of the previous owner of in any other manner whatsoever ,such person shall , within one month of his becoming owner ,apply to the prescribed officer to have the registration and license made or issued in the name of the previous owner cancelled.

(2) Such application shall be made in writing together with the previous registration and license.

(3) The prescribed office shall, upon being satisfied that the applicant is the new owner cancelled such registration and license.

13. (1) Upon cancellation of such registration the new owner shall make application for a fresh registration in Form A in the schedule hereto and the province of paragraph 3 and 5 of these regulations shall apply in respect of such application.

(2)The prescribed officer shall upon being satisfied that the applicant is the new owner issues a fresh regulation in the name of such owner.

14. (1) Upon cancellation of a license under regulation 12 ,the new owner shall make application for a fresh license in Form B in the schedule hereto and the provisions of paragraph 4 and 6 of these regulations shall apply in respect of such application

(2) The prescribed officer shall , Upon being satisfied that the applicant is the new owner issues a fresh license in the name of such owner.

15. When ever any copy of a photograph sent by an applicant under regulation 3 and 4 is damaged or defaced or lost the prescribed officer may ,by writing notice, requires such person who forwarded such copy to transmit to him a Fresh copy of such photo graph, and it shall be the duty of such person to comply with the requirements of such notice within the time specified therein.
16. Every person furniture’s any false information in an application for the registration or licenserning of any tusker or elephant shall be guilty of an offence.
17. All registration and license fees received under these regulations shall be created to the Wildlife Preservation Fund established by the Ordinance.

 18.In this regulations “Owner” includes a person having custody of a tusker or and elephant ; and “The Ordinance” means the Fauna and Flora Protection Ordinance(Chapter 469)