KAMALIKA PIERIS
The government of Sri Lanka issued a new gazette on elephants in
2021. It is titled Fauna and Flora (Protection,
Well-being and Regularization of Registration of Tamed Elephants) Regulations
No. 01 of 2021”. This replaces Registration
and Licensing of Tuskers and Elephants Regulations, 1991 published in the Gazette
Extraordinary No. 662/4 of 14. May, 1991.
The new gazette is a treat to read even for those who do not own
elephants. It is easier to register a baby or a car than it is to register an
elephant.
The Gazette has three separate application forms, one for
‘Registration of a tamed elephant,’ another form for ‘Registration of an
unregistered elephant that is currently in the custody of an owner’ and a third
form for ‘Obtaining Elephants for a Historical or Cultural Procession.’
First
registration.
The application form for the Registration of a tame
elephant calls for the following information, address of the place where the
elephant is kept, including province, district, divisional secretariat division
and Grama Niladhari division.
The
application must state whether it is an i) elephant, ii) tusker or iii) she
elephant (sic). A DNA test must be done on the elephant and the DNA information
stated in the application. The elephant must be microchipped and the microchip
number stated. A certificate obtained from the Veterinary Surgeon with regard
to microchip must be attached.
Information
must also be provided on the mahout assigned to the elephant. His name, address,
N.I.C. number, experience, awards, certificates received and medical
certificate.
The
prospective owner is thoroughly grilled.
Does the applicant own other elephants?
If so, number of elephants, registration numbers of such elephants, and
how they were obtained. If any had died, was it a natural death or something
else.
There
is a separate section in the application form, headed The economic potential
of the applicant to care for the elephant”. The owner of the elephant has to
furnish bank reports, details of all income generation including any property.
If property then the lands must be named and certified copies provided with details for the last three years.
The
applicant must formally declare
that he has the potential to care for
the elephant and can ensure the
well-being and protection of the elephant. But that alone is not enough.
The
applicant must show that he can provide
for the following specific needs of the elephant. He must show the way
of getting food for the elephant, the way of getting water (to drink and bath)
for the elephant, the way that the elephant is retained when in musth, the
way of getting necessary treatments
and the way of obtaining transportation facilities for the elephant. There are separate spaces in the form for
these answers.
If the elephant is used for peraheras, then
the name (chapter) of the temple that obtains the elephant must be named and a
detailed account of the procession and cultural activities done by the temple or
devale must be given.
Approval
Every application for registering
an elephant has to go before an Examinations Committee which consists of six persons,
i Additional Secretary from the Wildlife Ministry .He chairs the
committee.
ii. Government Agent of the District within which the applicant
resides
iii Additional secretary from Home ministry
iv. Deputy
Director or Veterinary Surgeon of the Department of Wildlife Conservation
v. Director of the Buddhist Affairs Department
vi Chairman, Secretary or Treasurer of the Tamed Elephant Owners
Organization
The application then goes before a Recommendation Committee which
consists of
(a) Secretary ( sic)
[probably Secretary, Department of Wildlife Conservation]
(b) Secretary to the
Ministry which includes Public Administration
(c) Director General (sic) [probably DG, Wildlife conservation.]
(d) Commissioner-General of Buddhist Affairs
(e) Director-General of the Department of National Zoological
Gardens.
The application form ends with space for two recommendations.
- Recommendation from Association
of Owners of tamed elephants carrying
the Signature of the Chairman or
Secretary Tamed Elephants Owners’ Association and the Official Seal.
- Recommendation
from the Secretary of the Ministry of Buddhasasana, Religious and Cultural
Affairs / Commissioner General of Buddhist Affairs.
Data record Book.
The owner of an elephant must maintain a Data Record Book and show it every
six months to the Department of Wild Life Conservation. Data Record Book is
issued by the Department of Animal production and Health and contains:-(a) Data sheet;(b) Treatment
history sheet;(c) Vaccination sheet. The Data Record Book must also carry photographs of the elephant.
The front view of the head and trunk,
side view (Left) (3″x4″)
and side view (Right) (3″x4″)
Registering an unregistered elephant.
Application
Form for the Registration of an unregistered elephant presently in the custody of an owner insists
on photographs of the elephant, back , front and side. Front view of
the elephant showing the head and trunk (3″x4″)Rear view of the
elephant showing hind quarters and tail (3″x4″) , side view of the
elephant(left) (3″x4″) and side view of the elephant(right)
(3″x4″)
Licence
The
application for a Licence for the
Registration and Detaining a Tame Elephant wants further
measurements in addition to the measurements mentioned above. Height up to
the shoulder must be stated in feet and
inches and circumference of the front foot in inches. any other significant
features or deformation of body parts must be recorded.
the licence is valid for a period of one year from the date of
issue . It has to be renewed every year. The elephant therefore is like a car,
not a baby. If such license is misplaced or stolen, the owner must inform the
prescribed officer, the Divisional Secretary of the Division or the Officer in
charge of the Police Station of the relevant area within which the elephant is
usually kept. ( sic)
Renewal of licence
The application for renewal of licence must carry photographs of the elephant, front, back and sides as
well as height up to shoulder. also
information on tusks, length of right
tusk in feet and inches, also left tusk .
Obtaining Tamed Elephants for a Historical Cultural Processions
if a Devalaya or a temple
wants an elephant for a perahera the trustee or the viharadhipathi of
such Devalaya or a temple, must apply to the Tamed elephants Owners’ Organization,
who will endorse the application and send it Commissioner General of Buddhist
Affairs for recommendation.
if approval is given, the
Secretary to Buddha Sasana Ministry must
send the application to the Secretary , Wildlife, who will then direct either Director-General of Wildlife or the
National Zoological Gardens, to send the elephant and keep a record of the
matter.
the Application must
provide detailed information on the proposed perahera. its name, location, procession route and time period. also it
must indicate the facilities to be provided for the elephant, such as size of its shelter, the provision of
food drink, water to bathe in,
information on the mahout and the presence of a vet. These are all listed in
the form.
Transport
Instead of the elephant providing transport, now vehicles must transport the elephant. but the elephant must not be transported
continuously for more than twelve hours. The vehicle must be able to carry that
amount of weight, and must hold the
required permit. it must have a minimum of
six wheels. Where two elephants are transported the
vehicle must have at least ten wheels.
When any elephant is being transported, the vehicle must exhibit a
board indicating that an elephant is being transported, and the speed of such
vehicle shall not exceed thirty (30 km) per hour.
Living conditions
*Elephants must be provided with a stable or any other traditional
natural elephant tethering with sufficient shade and ventilation in a clean and
healthy environment with suitable
drainage system and waste disposal system;
*The height of the stable must suit the height of the elephant
*The roof must be
insulated with gunny bags, straw,
cadjan leaves or such other material in order to minimize the heat inside the
stable. if the roof consists of iron or
asbestos planks something must be done to minimize the heat inside the stable
*Where any natural elephant tethering is made, it shall be made
under the shade of a huge strong ramified tree and there must be facilities for resting the hind
limbs of the elephant
* If the place in which the elephant is kept is exposed to
lightning, a lightning conductor must be fixed.
*When an elephant is in musth or agitated and requires to be tied,
protective knots made in accordance with
the traditional methods must be used.
*An elephant shall be
bathed not less than for two and a half 2 ½ hours daily except when transporting or on the
days of the perahera.
*No person shall light crackers or shoot near any elephant except
the traditional gun fire which is essential in traditional processions;
*An elephant shall be subject to a full medical examination by a
Veterinary Surgeon or a Registered Traditional Doctor once in six months and
this must be recorded in the treatment history sheet
* Every elephant shall be examined by a Veterinary Surgeon or
Registered Traditional Doctor who treats elephants to ascertain whether such
elephant is suffering from a nutritional deficiency or any other infirmity If so, it must be given the food and medicine prescribed. this must be endorsed
when the permit is renewed
*Every elephant shall be allowed sufficient time to sleep and in
the case of an elephant below five years of age, be allowed to sleep for a
longer duration than that
*Any person who takes care of an elephant must have more than three acres of land for the elephant to use. In case of more than one
elephant, one acre each shall be added for each new elephant
*A trained and experienced mahout shall be engaged to take care of
the elephant. The owner must make sure that the
mahout is not drunk when on duty.
*The mahout must follow the training programme conducted by the
Department of Wildlife Conservation in collaboration with the Department of
National Zoological Gardens and the Tamed Elephants Owners’ Organization.
Work conditions
**Timber or any other weight shall not be transported with the
direct use of tusks or jaws of such elephant except in accordance with
traditional methodology using mouth piece or harness
**The weight carried by the elephant in this manner shall be less
than one third (1/3) of the weight of the elephant
**An elephant must not be
made to work in extremely unfavorable hot weather conditions
**When elephants are decorated for functions, using lights,
generators or any other dangerous electricity supply shall not be used and
batteries with a minimum electric power must be used to prevent any harm to the
elephant;
**an elephant must not be made to walk for long durations on tar
roads during extremely hot weather conditions except for perahera or bathing
**An elephant shall not be engaged in any work during the night
except for a procession
**An elephant must not be made to swim across dangerous waterways
or rivers. (continued)