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Legislative Enactments FORESTS Marginal Notes 1. This Ordinance may be cited as the Forest Conservation Ordinance; 2. Questions of title.[3,23 of 1995] 3. Order declaring forest reserved. [5, 65 of 2009] 3A. Declaration of Conservation forests.[4,23 of 1995] [3,65 of 2009] [6, 65 of 2009] 3B. Publication to be given to Order made section 3A.[4,23 of 1995] 3C. Variation of limits of conservation forest.[4,23 of 1995] 3D. Certificate by Conservator-General of Forests to be prima facie proof of facts Sated there in.[4,23 of 1995] [3, 65 of 2009] [7 ,65 of 2009] 4. Publication of Order in Sinhala and Tamil. 5. Power of forest officer to stop ways and watercourse in a Conservation Forest or Reserved Forest.[8,65 of 2009] 6. Acts prohibited in a Conservation Forest. [5,23 of 1995] [9, 65 of 2009] 7. Acts prohibited in a Reserved Forest. [ 2, 56 of 1979][2, 13 of 1982][2, 84 of 1988][6, 23 of 1995] [10, 65 of 2009] 7A. Acts which constitute an offence in a conservation forest.[7,23 of 1995] [11, 65 of 2009] 8. Acts excepted from prohibition contained in sections 6 and 7.[3,65 of 2009] 9. Power of Minister to suspend rights of pasture, .;c in certain cases. [11, 65 of 2009] repealed by 10. Forests reserved under former law. [12, 65 of 2009] 11. Application of Ordinance to leased forests. 12. Constitution of village forests, 13. Trees in Schedule I in a village forest the property of the State. 14. Acts prohibited in village forest. 15. Power of Minister to make regulations for village forests. 16. Saving of private rights. 17. Penalty for breach of sections 14 and 15.[8,23 of 1995] 18. Reserved trees. 19. Protection of reserved trees. 20. "Acts prohibited in any Forest other than a Conservation Forest, Reserved Forest or Village Forest.[13, 65 of 2009] 21. Penalties. [5,13 of 1966][4, 13 of 1982] [10,23 of 1995] [14, 65 of 2009] 22. Exemptions [15, 65 of 2009 23. 23. Repealed.[11,23 of 1995] 23A. Prohibition on carrying on the business of a timber depot and c,. without Certificate of Registration and a permit. [16, 65 of 2009] 23B. Issue of permit. [16, 65 of 2009] 23C. Suspension or cancellation of Certificate registration and permit. [16, 65 of 2009] 23D. Penalty. [16, 65 of 2009] 24. Power of Minister to make regulations.[12,23 of 1995] [17, 65 of 2009] 24A. Application of the Customs Ordinance.[18, 65 of 2009] 25. Penalties. [7,13 of 1966][5, 13 of 1982][13,23 of 1995] [19 ,65 of 2009] 26. Power of District Secretary, Divisional Secretary or Forest Officer not below the rank of a Range Forest Officer to order a definition of boundaries in certain cases.[14,23 of 1995] [20, 65 of 2009] 27. Power of forest officer, &c, to examine timber and forest produce in transit. [8,13 of 1966][6, 13 of 1982] [15,23 of 1995] [21, 65 of 2009] 28. Inspection of private timber depots and timber yards. [ 9, 13 of 1966][16,23 of 1995] [22, 65 of 2009] 29. All persons bound to aid in case of accident at any place where timber is detained or kept by any forest officer. 30. Certain kinds of timber to be deemed property of the State until title thereto proved. 31. Publication of notice as to, and claims to, timber collected under section 30. 32. Procedure on claim preferred to such timber. 33. On rejection of claim to such timber claimant may institute suit. 34. Disposal of unclaimed timber. 35. Payments to be made by claimant before timber is delivered to him. 36. Power of Minister to make regulations and prescribe penalties.[17,23 of 1995] [23, 65 of 2009] 37. Power to seize timber or forest produce or vehicles.[18,23 of 1995] [24, 65 of 2009] 38. Procedure on seizure. [ 10, 13 of 1966] 38A. Release of certain property seized or a certificate given under section 37.[19,23 of 1995] [25, 65 of 2009] 40. Forfeiture of timber, forest produce, &c. [ 12, 13 of 1966] [ 9, 56 of 1979] [7, 13 of 1982] [20,23 of 1995] [26, 65 of 2009] 40A. Section 306 of the Code of Criminal Procedure Act, No. 15 of 1979, not to apply to, person who pleads guilty to, or is found guilty of, a forest offence.[3, 84 of 1988] 40B. The provisions of section 433A of the Code of Criminal Procedure Act, No. 15 of 1979, not to apply to persons who plead guilty to or are found guilty of a forest offence.[27, 65 of 2009] 41. Disposal, on conclusion of trial for any forest offence, of timber or forest produce which was the subject-matter of the trial. [ 13, 13 of 1966][8, 13 of 1982] 42. Disposal of perishable property. [ 14, 13 of 1966][21,23 of 1995] 43. Appeal from orders.[9, 13 of 1982] 44. 44. Repealed.[10, 13 of 1982] 45. Powers of Minister to order release of seizure. 46. Penalty for wrongful seizure.[22,23 of 1995] 47. Penalty for counterfeiting or defacing marks on trees and timber, and for altering boundary marks. [ 15, 13 of 1966][23,23 of 1995] [28, 65of 2009] 48. Power of forest officer, ;c, to arrest without warrant.[5, 84 of 1988][24,23 of 1995] [29, 65 of 2009] 48A. Penalty for being in possession or use of forged documents for counterfeit or unauthorized marking hammers and presumption as to commission of offences.[ 16, 13 of 1966][25,23 of 1995] [30, 65 of 2009] 49. Power of forest officer to prevent commission of offence. 49A. Penalty for Obstructing or assaulting forest officers & C. [11, 56 of 1979][4, 84 of 1988][26,23 of 1995] 50. Operation of other laws not barred. 51. Compounding of offences. [ 17, 13 of 1966] 52. Presumption that timber and c., belongs to the State. [ 31, 65 of 2009] 53. Offences to be triable summarily. [ 18, 13 of 1966] [ 32, 65 of 2009] 53A. Ejectment from State Land. [ 19, 13 of 1966][27,23 of 1995] [ 33, 65of 2009] 54. Power of forest officer, ;c to seize trespassing cattle. 55. Power of Minister to levy fines.[28,23 of 1995] [ 34, 65of 2009] 56. Procedure if fine not paid. 57. Power to shoot cattle on forest plantation. 58. Appointment of Conservator-General of Forests, &c.[11, 13 of 1982][6, 84 of 1988] [3,65 of 2009] [35,65 of 2009] 59. Power of Minister to invest forest officer with certain powers. [36,65 of 2009] 59A. Conservator of Forest to delegate his powers.[29,23 of 1995] [3,65 of 2009] 59B. General directions by the Conservator-General of Forests.[29,23 of 1995] [3,65 of 2009] 60. Forest officers deemed to be public servants peace officers.[30,23 of 1995] 61. Indemnity for acts done in good faith. 62. Forest officers not to trade, 63. Control of forest may be delegated to Conservator.[3,65 of 2009] 64. Regulations.[7, 84 of 1988] [37, 65 of 2009] 64A. Court to direct payment of share of fine to the Fund. [38, 65 of 2009] 64B. Purposes for which the moneys of the Fund may be applied.[38, 65 of 2009] 65. Rules.[39, 65 of 2009] 66. Powers of Minister exercisable from time to time. 67. Persons bound to assist forest officer and police officer. [40, 65 of 2009] 67A. Reward for informers. [41, 65 of 2009] 68. Recovery of money due to the State. 69. Lien on forest produce for such money. 70. The State not liable for loss or damage in respect of certain timber. 71. Disposal of property seized. [ 20,13 of 1966] 72. Property of State debtors under section 68 may be sold. 73. Overplus to be restored to owner. 74. Certificate of sale of immovable property 75. Certificate of sale in case of purchase by State. 76. State may take credit for amount due from defaulter. 77. Regulations and rules to be laid before Parliament. [42,65 of 2009] 78. Interpretation.[8, 84 of 1988] [31,23 of 1995] [43 , 65 of 2009]