FAUNA AND FLORA PROTECTION

(1) The Minister[3] may by Order[3] published in the Gazette declare that any specified area of Crown land shall for the purposes of this Ordinance be a National Reserve and may by that Order[3] or by any Order[3] subsequently published in the Gazette declare that the whole or any specified part of any such National Reserve shall be-

(2) The Minister[3] may by Order[3] published in the Gazette declare that any specified area of land within Ceylon (other than land declared to be a National Reserve) shall be a Sanctuary for the purposes of this Ordinance.

(3) An area declared to be a Sanctuary may include both Crown land and land other than Crown land.

(4) The Minister[3] may by Order[3] published in the Gazette declare that from a specified date-

(1) Save as hereinafter provided-

(2) Any person shall be entitled, subject to such conditions and restrictions as may be prescribed, to enter any Intermediate Zone and to hunt, shoot, kill or take any wild animal therein.

(1) No person other than the Director shall enter or remain within any Strict Natural Reserve except-

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

(1) No person shall enter or remain within any National Park except under the authority and in accordance with the conditions of a permit issued by the prescribed officer on payment of the prescribed fee.

(2) A permit under subsection (1) shall be issued only for the purpose of enabling the permit-holder to study or observe the fauna and flora in a National Park.

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

(1) No person shall in a Strict Natural Reserve, or in a National Park-

(2) No person shall introduce any animal into any Strict Natural Reserve, or National Park, or tether, liberate or release any animal therein.

Provided, however, that the Warden or the prescribed officer may, when he issues a permit under section 4 or section 5 to any person, authorize that person by such permit to introduce into any Strict Natural Reserve or National Park, and to tether therein, any animal which in the opinion of the Warden or of such officer, as the case may be, is required by that person solely for the purpose of carrying that person or his goods or of drawing any vehicle.

(1) No person shall, except in accordance with regulations-

(2) No person shall, except in accordance with regulations, introduce any animal into any Intermediate Zone or tether, liberate or release any animal therein.

(a) prescribing the conditions and restrictions subject to which persons may be permitted to enter any Intermediate Zone or to hunt, shoot, kill or take any wild animal therein;

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

(c) prescribing the conditions to be attached to any permit issued for the purposes of this Part of this Ordinance and the fees to be paid for the issue of such permits ;

(d) for the purpose of extending, with such modification as may be necessary, all or any of the provisions of Part II or of Part III of this Ordinance to any Intermediate Zone or Sanctuary;

(e) for the purpose of extending, with such modification as may be necessary, all or any of the provisions of this Part of this Ordinance to any specified insect;

(f) declaring that all or any of the provisions of this Part of this Ordinance shall not apply to any specified species of animal in any specified area.

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

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

(c) any provision of Part II or Part III of this Ordinance which has by regulation been extended, with or without modification, to any Intermediate Zone or Sanctuary; or

(d) any provision of this Part of this Ordinance which has by regulation been extended, with or without modification, to any specified insect,

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term which may extend to six months or to both such fine and imprisonment.

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

(b) any domestic fowl or other bird commonly reared by man as poultry; and

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

(1) Save as is hereinafter provided, no person shall, in any area outside a National Reserve or a Sanctuary-

(2) A person permanently settled in a village area may within that area and at any time other than during the close season shoot or kill any deer without a licence for the purpose of providing food for consumption by himself or by any member of his family.

In this subsection, ” village area” means an area declared by the Minister[1] to be a village area by notification in the Gazette.

(3) Every licence under subsection (1) shall be issued in the prescribed form on payment of the prescribed fee and shall continue in force for such period and within such limits and be subject to such conditions as the Director may consider necessary or expedient to insert therein.

(1) Whenever it appears to the Warden that in any area outside a National Reserve damage to any person or to any person, or to any corp, plantation or other property is likely to be caused by any tusker, elephant, buffalo or deer he may by notices affixed in conspicuous places within that area declare that area to be one within which damage by tusker, elephant buffalo or deer is apprehended and may issue licences subject to such conditions as he may deem necessary or expedient either free or on payment of the prescribed fee, or of such fee not exceeding the prescribed fee, as he may consider adequate, authorizing the licensee to hunt, shoot, kill or take tuskers, elephant buffalo or deer as in the case may be, within that area while the declaration is in force.

Provided, however, that nothing in this section shall be deemed to require any person residing or cultivating land in that area to obtain a licence to hunt, shoot, kill, or take tuskers, elephants, buffaloes, or deer, as the case may be, while the declaration is in force.

(2) Every declaration under subsection (1) shall be forthwith reported by the Warden to the Minister[1] and shall continue in force for a period of two months from the date of such declaration.

(3) The Minister[1] may by notification in the Gazette extend or restrict the period for which such declaration shall continue in force, or may otherwise vary or revoke such declaration, but without prejudice to anything done or suffered thereunder prior to the publication of such notification.

(1) It shall be lawful for any person without a licence to shoot, kill or take any tusker, elephant, buffalo, deer or fowl which is found trespassing or attempting to trespass in or upon any cultivated land outside a National Reserve.

(2) The owner or person in charge of any cultivated land outside a National Reserve who has been unable to shoot or kill any tusker or elephant in. the exercise of the rights conferred by subsection (1) may, after reporting the facts of the case to any police officer or to any other prescribed officer, follow or pursue such tusker or elephant to any place (not being a place within a National Reserve) and there shoot or kill such tusker or elephant.

The Minister[1] may at any time by Order[1] published in the Gazette suspend the operation of this subsection for any period either throughout Ceylon or in any specified part of Ceylon.

(3) If the Warden is satisfied that any tusker or elephant found trespassing or attempting to trespass in or upon any cultivated land has not been shot, killed or taken in the exercise of the rights conferred by subsection (1), he may, on payment of the prescribed fee, issue to any person a special licence in the prescribed form containing such conditions as he may deem necessary or expedient to insert therein and authorizing that person to follow or pursue such tusker or elephant to any place (not being a place within a National Reserve) and there to shoot or kill such tusker or elephant.

(4) It shall be lawful for the owner or person in charge of any cultivated land at any time to set, lay or spread any trap, snare, net or pitfall in or upon that land for the purpose of killing or taking any deer or fowl which trespasses or attempts to trespass thereon.

(5) Save as is provided in subsection (4), no person shall set, lay or spread any trap, snare, net or pitfall for the purposes of taking any deer or fowl.

(1) Any elephant duly killed or taken by any person under the authority of any licence issued under this Part of this Ordinance, shall be the property of that person, unless otherwise provided in the conditions attached to the licence.

(2) Subject to the provisions of subsection (1), every elephant which is killed or captured shall be the property of the Crown,

(3) Any buffalo, deer, or fowl duly killed or taken by any person in accordance with the provisions of this Part of this Ordinance shall be the property of that person, unless otherwise provided in the conditions attached to the licence, where any such buffalo, deer or fowl was killed or taken under the authority of a licence.

the carcase, or any part of the carcase, of any dead elephant which is the property of the Crown.

(b) the tusks or the carcase or any part of the carcase of any dead tusker.

(1) A royalty according to such rates as may, from time to time, be prescribed shall be levied as export duty by the officers of customs at the port of shipment in respect of every tusker or elephant, whether wild or tame, exported from Ceylon to any place outside Ceylon.

(2) No tusker or elephant, whether wild or tame, shall be exported from Ceylon to any place outside Ceylon except under the authority of a special permit issued by the Warden.

(3) This section shall have effect as if it formed part of the Customs Ordinance and the provisions of that Ordinance shall apply accordingly.

(a) in contravention of this Part of this Ordinance or contrary to the tenor of any licence issued to him thereunder, hunts, shoots, kills, takes, follows, or pursues any tusker ; or

(b) exports any tusker, whether wild or tame, from Ceylon except under the authority of a special permit issued under section 19, or in any way evades payment of the royalty payable on such export,

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand rupees or to imprisonment of either description for a term which may extend to two years or to both such fine and imprisonment; and where any person who is convicted of an offence mentioned in paragraph (a) of this section in respect of the killing or taking of any elephant is found by the court to be in possession of that elephant or its car case or tusks, the court may make order directing such elephant, car case, or tusks to be delivered to the possession or custody of any officer of Government to be held by that officer for and on behalf of the Crown.

(a) in contravention of this Part of this Ordinance or contrary to the tenor of any licence issued to him thereunder, hunts, shoots, kills, takes, follows or pursues any elephant; or

(b) exports any elephant, whether wild or tame, from Ceylon except under the authority of a special permit issued under section 19, or in any way evades payment of the royalty prescribed in respect of the export of any elephant from Ceylon,

(1) in contravention of this Part of this Ordinance or contrary to the tenor of any licence issued to him thereunder, hunts, shoots, kills, or takes any buffalo, deer, or fowl; or

(2) in contravention of this Part of this Ordinance-

(3) during the close season takes or removes the eggs of any fowl,

(1) Any person who is in unlawful possession of a tusker or an elephant shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term which may extend to six year or to both such fine and imprisonment; and the court may on the conviction of any such person make order for the disposal of the elephant in respect of which the offence was committed, having regard to the rights of any other person who may appear to the court to be lawfully entitled to the possession of such tusker or elephant-

(2) A person who is found in possession of an elephant shall be deemed to be in unlawful possession of that tusker or elephant unless-

(a) requiring persons in possession, of tuskers or elephants to cause themselves annually to be licensed as being in possession thereof ;

(b) specifying the officers to whom applications for such licences shall be made ;

(c) specifying the particulars to be set out in any such application or licence, whether by reference to identification marks or otherwise, of the tusker or elephant to which the application or licence relates ; and

(d) providing for the cancellation of any such licence and the issue of a new licence in the event of any sale or transfer of or other succession in title to any tusker or elephant in respect of which such licence has been issued.

(1) Where it appears to the warden or to any police officer or other prescribed officer that any person is in unlawful possession of any tusker or elephant, it shall be lawful for the warden or such police or other prescribed officer to seize and detain such tusker or elephant and to apply to the Magistrate having jurisdiction over the place where the animal was seized to make order for the disposal of such tusker or elephant and the Magistrate to whom such application is made may, after such inquiry as he may deem necessary, make such order for the disposal of the tusker or elephant as the justice of the case may require.

(2) An order made under this section shall not affect the liability of any person to be prosecuted for any offence committed in respect of the tusker or elephant, to which the order relates.

(1) Any person who is in unlawful possession of-

(2) A person who is found in possession of

(a) Sambur (Rusa unicolor unicolor),

(b) Spotted deer (Axis axis Ceyionensis

(c) Red or barking deer (Muntiacus malabaricus),

(d) Mouse deer (Tragalus meminna);

(a) Pea fowl (pavo cristalus),

(b) Ceylon spur fowl (Galloperdix bisalcarata),

(c) Grey partridge (Francolinus pondicerianus),

(d) Painted partridge (Francolinus pieIus),

(a) any tusker or elephant seized or taken at any elephant kraal held under the Elephant Kraal Ordinance, or

(b) any buffalo seized or taken at any buffalo kraal held in such manner and circumstances and subject to such conditions as may be prescribed.

(1) Any person who in any area outside a National Reserve or a Sanctuary-

(2) A person shall not be guilty of an offence under this section if the act which constitutes such offence has been done in the circumstances and subject to the conditions under which such act is authorized or permitted by any regulation made under section 32.

(1) Any person who in any area outside a National Reserve or Sanctuary during the close season-

(2) A person shall not be guilty of an offence under this section if the act which constitutes such offence has been done in the circumstances and subject to the conditions under which such act is authorized or permitted by any regulation made under section 32.

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

(2) This section shall have effect as if it formed part of the Customs Ordinance and the provisions of that Ordinance shall apply accordingly.

(3) In any case of doubt or dispute a certificate purporting to be signed by the Director of Museums to the effect that any bird, beast or reptile belongs to a species which is not indigenous to Ceylon or that any species of any bird, beast, or reptile is a species not indigenous to Ceylon, or that any egg of any bird or reptile is the egg of a bird or reptile of a species which is not indigenous to Ceylon shall for all purposes be final and conclusive as to the facts stated therein.

(4) In this section the expression “bird, beast, or reptile” does not include a domestic animal as defined in section 11.

(a) requiring any person who imports any bird, beast or reptile on a permit issued under section 37 to produce a certificate from an approved authority that such bird, beast, or reptile is free from disease or infection;

(b) prohibiting any bird, beast, or reptile imported on a permit issued under section 37 from being liberated or released in any pan of Ceylon, or prescribing any area or areas within which any such bird, beast, or reptile may be liberated or released ;

(c) exempting any specified species of bird, beast, or reptile from the operation of section 37 or of any regulation made under this section.

(1) Any person who-

shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term which may extend to six months or to both such fine and imprisonment.

(2) Any person who liberates or releases any bird, beast, or reptile which has been imported into Ceylon in contravention of the provisions of section 37 shall be guilty of an offence and shall, in addition to any punishment to which he may be liable under subsection (1). be liable on conviction to a fine of five hundred rupees in respect of each bird, beast, or reptile so liberated or released.

(1) No person shall export from Ceylon

(2) This section shall have effect as if it formed part of the Customs Ordinance, and the provisions of that Ordinance shall apply accordingly.

(3) In this section-

” bird ” or ” reptile ” does not include any bird or reptile of a species which is not indigenous to Ceylon;

” beast ” does not include-

(4) In any case of doubt or dispute a certificate purporting to be signed by the Director of Museums to the effect that any bird, beast, or reptile belongs to a species which is not indigenous to Ceylon, or that any species of any bird, beast, or reptile is a species not indigenous to Ceylon, or that any part of any bird, beast, or reptile is a part of a bird, beast, or reptile of a species which is not indigenous to Ceylon, or that any egg of any bird or reptile is the egg of a bird or reptile of a species which is not indigenous to Ceylon shall for all purposes be final and conclusive as to the facts stated therein.

(1) No person shall in any area specified for the time being in the second column of Schedule III-

except upon a permit in the prescribed form obtained from the prescribed officer on payment of the prescribed fee.

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

(a) prohibiting or regulating the exportation from Ceylon of any specified plant, whether or not such plant is included for the time being in Schedule III;

(b) prohibiting or regulating the cultivation of any specified plant;

(c) prescribing the conditions to be attached to any permit issued under section 42;

(d) generally, for the protection and conservation of the wild vegetation, plant life and flora of Ceylon.

(a) of the provisions of section 42 or of any permit issued to him under that section or of any condition attached to any such permit; or

(b) of the provisions of section 43 ; or

(c) of any regulation made under section 45,

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

(b) the Water Hyacinth Ordinance ;

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

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

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

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

(1) No person shall carry on or exercise the business or trade of a taxidermist, or any business or trade for the purchase or sale of any animal, whether dead or alive, or of any part of any dead animal, except upon a licence in the prescribed form obtained from the prescribed officer on payment of the prescribed fee.

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

(3) In this section “animal” means an animal as defined in section 11, but does not include a domestic animal as defined in that section.

(1) The Minister[1] may by notification in the Gazette declare any road in any area outside a National Reserve or a Sanctuary to be a prohibited road for the purposes of this Ordinance.

(2) Any person who discharges any gun on any prohibited road or on any land adjoining any such road and reserved for its extension, protection or benefit, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term which may extend to one month or to both such fine and imprisonment.

(3) Regulations may be made prescribing the means by which and the manner in which the fact that any road is a prohibited road for the purposes of this Ordinance may be brought to the notice of members of the public who have occasion to use that road or to travel thereon.

(a) hunt, shoot, kill, or take any animal, reptile, or bird, between sunset and sunrise;

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

(1) The Warden may by a writing under his hand authorize any person to do any act otherwise prohibited or penalized under this Ordinance or any regulation made thereunder, if in the opinion of the Warden such act should be authorized for the 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 fauna and flora of Ceylon.

(2) No person authorized under subsection (1) to do any act shall, by reason only of the commission of that act, be guilty of an offence under this Ordinance or any regulation made thereunder.

(1) The Warden or any officer empowered to issue a licence or permit under this Ordinance or any regulation made thereunder may in his discretion-

(2) Any person aggrieved by the refusal or revocation of any permit or licence (other than a licence under section 49) may appeal against such refusal or revocation to the Minister.[1]

(3) Any person aggrieved by the refusal to issue a licence under section 49 or by the revocation of any licence issued under that section may appeal against such refusal or revocation to the Minister.[1]

(4) The decision of the Minister[1] on any appeal preferred under subsection (2) or subsection (3), as the case may be, shall be final and conclusive.

(5) Regulations may be made prescribing the time within which appeals shall be preferred and generally in respect of all matters incidental to or connected with the hearing or disposal of such appeals.

(1) No person other than the person named in any licence or permit issued under this Ordinance or any regulation made thereunder shall be entitled under cover of that licence or permit to do any act to authorize which that licence or permit was issued.

(2) Any person who transfers to any other person any licence or permit issued to him under this Ordinance or any regulation made thereunder shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term which may extend to one month or to both such fine and imprisonment.

(1) An act otherwise prohibited or penalised under this Ordinance or any criminal regulation made thereunder shall not be an offence if it is done-

(2) In this section the expressions “animal”, ‘”domestic animal” and “wild animal” respectively have the meanings assigned to those expressions in section 11.

(1) Except as is hereinbefore expressly provided in regard to the disposal of any elephant or of the car case of any tusker or elephant or the tusks of any tusker on the conviction of any person for an offence relating to a tusker or elephant, or any part of any animal in respect of which any offence has been committed and any gun, boat, artificial light, snare, net, trap, or other instrument, contrivance, appliance or thing used in or for the commission of any offence may be confiscated by order of the court before which the offender is convicted and may be disposed of in such manner as the court may direct.

(2) In this section ” animal” means an animal as defined in section 11.

(i) any person whom he suspects on reasonable grounds of having committed any offence ; or

(ii) any boat, vessel or vehicle in which that person may be or may on reasonable grounds be suspected to be.

(1) For the purpose of preventing the commission of offences against section 8 of this Ordinance on any portion of any road running alongside a Strict Natural Reserve, National Park or Intermediate Zone-

(2) Where the person for the time being in charge of any vehicle which is stopped at any barrier under subsection (1) refuses, upon being required so to do under that subsection, to permit a prescribed officer or any person specified by such officer to travel in the vehicle, it shall be lawful for the prescribed officer to take such steps as may be necessary to prevent the vehicle from proceeding beyond the barrier.

(1) For the purposes of this Ordinance, there may be appointed-

(2) In the exercise of their powers and in the discharge of their duties under this Ordinance all persons, officers and servants appointed under this section shall be subject to the general direction and control of the Minister.[1]

(3) All persons, officers and servants appointed under this section shall be deemed to be public servants within the meaning of the Penal Code.

(1) The Minister[1] may appoint an advisory committee which shall consist of the Warden as chairman and of eleven other persons, for the purpose of advising the Warden and making recommendations to the Minister on all matters and questions relating to the fauna and flora of Ceylon.

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

(3) The advisory committee shall be entitled to determine its own procedure in any matter of procedure for which no provision is prescribed.

(1) The Minister[1] may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Ordinance.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister[1] may make regulations for or in respect of all or any of the following matters :-

(3) Every regulation made by the Minister shall be brought before the Senate and the House of Representatives[1] by a motion that such regulation shall be approved. No regulation made by the Minister[1] shall have effect until it has been approved by the Senate and the House of Representatives[1], Notification of such approval[1] shall be published in the Gazette.

(4) A regulation made by the Minister[1] when approved by the Senate and the House of Representatives[1] shall, upon notification of such approval in the Gazette, be as valid and effectual as if were herein enacted.

(1) In this Ordinance, unless the , context otherwise requires-

” close season ” means the period from the thirtieth day of April to the thirty-first day of October in each year, or such other period as may be prescribed in respect of any particular species of bird or beast either throughout the whole of Ceylon or in any specified area;

” Crown land ” means all land to which the Crown is lawfully entitled together with all rights, interests and privileges attached or appertaining thereto;

“cultivated land” includes land used for chena cultivation when a crop is growing on such land;

” Intermediate Zone ” means an Intermediate Zone declared [3] under section 2 (1):

” gun” has the same meaning as in the Firearms Ordinance;

” local authority” means any Municipality, Urban Council, Town Council, or Village Committee and includes the inhabitants*[* See section 3 (now repealed) of Ordinance No. 9 of 1924.] of a village area constituted under the Village Communities Ordinance ;

” National Park ” means a National Park constituted by Order [3] under section 2 (1) ;

“National Reserve” means a National Reserve constituted by Order[3] under section 2 (1) ;

” offence ” means an offence under this Ordinance or under any regulation ;

” police officer ” includes any headman appointed by a Government Agent to perform police duties ;

” prescribed” means prescribed by this Ordinance or by regulation ;

” regulation” means a regulation made by the Minister[1] under this Ordinance ;

“Sanctuary” means a Sanctuary constituted by Order under section 2(2);

” Strict Natural Reserve” means a Strict Natural Reserve constituted by Order[3] under section 2 (l) ;

” Warden” means the person appointed[3] to be or to act as Warden under section 68 and includes the Deputy Warden appointed under that section.

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