ACT, No. 65 OF 2009

65of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
FOREST (AMENDMENT)
ACT, No. 65 OF 2009
[Certified on 16th November, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of November 20, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 27.00 Postage : Rs. 10.00

Forest (Amendment) Act, No. 65 of 2009 1
[Certified on 16th November, 2009]
L.D.—O. 64/2000.
ANACT TO AMEND THE FOREST ORDINANCE
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Forest (Amendment) Short title.
Act, No. 65 of 2009.
2. The Long Title to the Forest Ordinance (hereinafter Amendment of
Long Title to
referred to as the “principal enactment”) is hereby
Chapter 451.
repealed and the following Long Title substituted
therefor :—
“ANORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING
TO THECONSERVATION,PROTECTION AND SUSTAINABLE MANAGEMENT
OF THE FOREST RESOURCES AND UTILIZATION OF FOREST PRODUCE;
TO PROVIDE FOR THE REGULATION OFTHETRANSPORT OFTIMBER AND
FOREST PRODUCE AND OTHER ACTIVITIES RELATED TO SUCH
TRANSPORT; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH
OR INCIDENTAL THERETO.”.
3. (1) In the principal enactment and in any other written General
law there shall be substituted — amendments to
the principal
enactment.
(a) for the words “Forest Ordinance” the words “Forest
Conservation Ordinance”; and
(b) for the words “Conservator of Forests” the words
“Conservator-General of Forests”;
(2) Every reference to the “Forest Ordinance” and the
“Conservator of Forests” in any regulation, rule, notice,
notification, contract, communication or other document
shall be read and construed as a reference respectively, to
the “Forest Conservation Ordinance” and the “Conservator-
General of Forests”.
2—PL 004320—4,250 (08/2009)
2 Forest (Amendment) Act, No. 65 of 2009
Replacement of 4. The heading appearing immediately after the word
heading in the and figure Chapter II of the principal enactment is
principal
hereby repealed and the following heading substituted
enactment.
therefor :—
“OF RESERVED AND CONSERVATION FORESTS”
Amendment of 5. Section 3 of the principal enactment is hereby
section 3 of the amended as follows:—
principal
enactment.
(1) by the re-numbering of that section as subsection
(1) thereof;
(2) by the addition immediately after the re-numbered
subsection (1) of the following subsections:—
“(2) Where an Order has been made under
subsection (1), the Conservator-General of
Forests shall prepare a Management Plan for
Reserved Forests, in such manner as may be
prescribed, for the purposes of conservation of bio-
diversity, soil and water and for the preservation of
its unique ecosystem, genetic resources and as a
habitat of rare and endemic species of flora and
fauna.
(3) The Conservator-General of Forests or
any other officer authorized in writing in that
behalf shall implement the Management Plan for
the Reserved Forests, in the manner as may
be prescribed for the purposes specified in
subsection (2).
(4) The Minister shall make regulations
applicable either to the whole or any specified area
of the Reserved Forests in respect of :—
(a) the administration and management of the
Reserved Forests;
Forest (Amendment) Act, No. 65 of 2009 3
(b) the matters required to be included in the
Management Plan and the manner and
procedure to be followed in the preparation
and implementation of such Management
Plan;
(c) the preparation of Management Agreements
for the purpose of obtaining community
and non-state sector participation in the
sustainable management of Reserved Forests;
(d) the levying of fees or charges in respect of
activities implemented under this subsection,
which shall in all cases be equivalent to the
value of the benefit obtained from the forest,
whether monetary or otherwise. Any such
benefit not validly declared shall amount to
an offence under this Ordinance and shall be
charged and recovered, in such manner as may
be specified, as a fine imposed by Court;
( e) entering into such agreements, cancellation
of the same, imposing conditions, levying of
fees, formulating strategies for the settlement
of disputes in connection with the
management of such forest;
(f) the development of a benefit sharing
mechanism among the management partners
or stakeholders;
(g) the procedure to be followed in authorizing
the use of non-timber forest produce and dead
or fallen sticks for fuel in a Reserved Forest,
by the local community;
(h) the conditions applicable to any activity
carried out within the Reserved Forest; and
4 Forest (Amendment) Act, No. 65 of 2009
(i) the areas in respect of which and the
conditions subject to which scientific
research may be permitted in a Reserved
Forest.”.
Amendment of 6. Section 3A of the principal enactment is hereby
section 3A of the amended by the addition immediately after subsection (2)
principal
enactment. thereof of the following subsections :—
“(3) Where an Order has been made under subsection
(1), the Conservator-General of Forests shall for the
purpose of preserving the values described in
subsection (1) prepare a Management Plan for
Conservation Forests, in the manner prescribed.
(4) The Conservator-General of Forests or any other
officer authorized by him in writing in that behalf shall
implement the Management Plan for the Conservation
Forests in respect of which such Management Plan
was prepared, in the manner as prescribed for the
purposes specified in subsection (1).
(5) The Minister shall make regulations in respect
of the matters required to be included in the
Management Plan and the manner and procedure to
be followed in the preparation, implementation and
administration of such Management Plan.
(6) Where any immovable property, not being a
State land, which is possessed of any of the features
referred to in subsection (1), is required for the existence
and preservation of a Conservation Forest that has been
declared under subsection (1), such land may be
acquired under the provisions of the Land Acquisition
Act (Chapter 460) on the recommendation of the
Minister.”.
Amendment of 7. Section 3D of the principal enactment is hereby
section 3D of the
amended by the substitution for the words “conservation
principal
enactment. forest” wherever those words appear in that section of the
words “Conservation Forest or Reserved Forest” respectively.
Forest (Amendment) Act, No. 65 of 2009 5
8. Section 5 of the principal enactment is hereby Amendment of
amended as follows:— section 5 of the
principal
enactment.
(1) by the substitution for the words “watercourse in a
reserved forest” in the section and in the marginal
note to that section of the words “watercourse in a
Conservation Forest or Reserved Forest”;
(2) by the substitution for the words “Government
Agent” in the first proviso and second proviso
respectively to that section, of the words
“Divisional Secretary”.
9. Section 6 of the principal enactment is hereby Replacement of
section 6 of the
repealed and the following section substituted therefor:—
principal
enactment.
“Acts 6. (1) No person shall be permitted to enter
prohibited in a Conservation Forest other than under the
a
Conservation authority of a permit issued by the Conservator-
Forest. General of Forests or a person authorized by
him in that behalf for the purpose of:—
(a) engaging in scientific research
within a Conservation Forest;
(b) observing the fauna and flora in a
Conservation Forest; or
(c) implementation of the activities
prescribed in the Management Plan.
(2) Subject to the provisions of subsection
(1), a person who, in a Conservation Forest:—
(a) trespasses or causes trespass or
remains therein;
(b) fells, cuts, saws or causes the felling,
cutting or sawing of or alters,
converts, collects, removes or
6 Forest (Amendment) Act, No. 65 of 2009
transports or marks, lops or girdle,
any plant, tree or timber or collects,
removes or transports or has in his
possession, custody or control of any
forest produce or erects a scaffolding
or constructs a saw pit;
(c) removes the bark or leaves from any
tree or strips of the bark from any
tree or cuts its branches or taps
or burns any tree or otherwise
damages it;
(d) permits cattle to trespass, cuts grass
or any other plant or feeds cattle with
such grass or plants;
(e) blocks any waterways within such
forest or obtains water from such
waterway by means of a pipe line or
any other devices or pollutes or
poisons water or pollutes the forest
environment by dumping and
disposing any garbage in the forest;
(f) transports, removes, uproots or
destroys any plant or any part of it
or causes any loss or damage to any
plant or part of it;
(g) sells, exposes, exhibits or offers for
sale any plant found within such
forest;
(h) kills or attempts to kill any bird,
animal, reptile, amphibian or sets
traps or snares or guns, constructs
and uses ambushes or molests,
disturbs or shoots or attempts to
Forest (Amendment) Act, No. 65 of 2009 7
molest, disturb or shoot or attempts
to remove any such bird, animal,
reptile or amphibian;
(i) sells, offers for sale or exposes for
sale any bird, animal, reptile or any
part of any such bird, animal or
reptile;
(j) takes or destroys an egg of any bird
or animal or reptile or removes or
destroys any dwelling or nest of any
bird, animal or reptile;
(k) fires any gun or does any other act
which disturbs or is likely to disturb
any animal or does any act which
interferes or is likely to interfere
with the breeding place of any such
animal;
(l) possesses or uses any trap or weapon
or tool or explosives or poisonous
substance which is capable of being
used to injure or destroy any animal
or plant;
(m) erects any permanent or temporary
building or occupies any building
so erected;
(n) makes any fresh clearing or quarries
stone or extracts coral or molluse
shells or digs or mines for plumbago,
gems or minerals, burns lime or
charcoal or blasts rocks, or collects
or removes or transports sand, soil
or stones;
8 Forest (Amendment) Act, No. 65 of 2009
(o) kindles or keeps or carries any fire
or causes the kindling of any fire or
allows any fire to keep burning or to
spread;
(p) clears or breaks up soil or digs any
land for cultivation or for any other
purpose or cultivates any such
cleared land or erects a hut or does
any other activity on it;
(q) constructs any road or alters or
damages any road so constructed or
uses a road so constructed;
(r) damages, alters, removes or
disfigures any wall, ditch,
embankment, fence, hurdle, gutter,
hedge, name board or sign board or
any other boundary mark;
shall be guilty of an offence and be liable on
conviction to imprisonment for a term not
exceeding seven years or to a fine not less than
rupees twenty thousand and not exceeding
rupees two hundred thousand or to both such
imprisonment and fine. In addition to the
above, the court may award compensation for
any damage caused to the Conservation Forest.
Such compensation shall not be less than the
value of the damage caused to the
Conservation Forest, and shall be charged and
recovered as a fine levied by Court.
(3) Any person who aids or abets in the
commission of any offence specified in
subsection (1), or causes any such offence to
be committed shall be guilty of an offence and
shall on conviction be liable to the same
punishment as is specified for the commission
of that offence.
Forest (Amendment) Act, No. 65 of 2009 9
(4) The Conservator-General of Forests may
issue permits to engage in scientific research
to any person—
(a) who has made an application in the
prescribed form; and
(b) made payment of the prescribed fee,
for observation of flora and fauna within such
areas subject to such terms and conditions as
may be prescribed.”.
10. Section 7 of the principal enactment is hereby Replacement of
repealed and the following section substituted therefor:— section 7 of the
principal
enactment.
“Acts 7. (1) Any person who in a Reserved Forest—
prohibited in
a Reserved
(a) trespasses or causes trespass or
Forest.
remains therein;
(b) permits cattle to trespass or cuts grass
or any other plant or feed cattle with
grass or plants;
(c) fells a tree or cuts or drags timber,
causes damage by negligence or
intentionally strips off bark or leaves
from any tree or girdles, lops, taps or
burns a tree or does any act to damage
or destroy any tree;
(d) blocks any waterways within such
forest or obtains water from such
waterway by means of a pipe line or
any other devices or pollutes or
poisons water or pollutes the forest
environment by dumping and
disposing any garbage in the forest;
10 Forest (Amendment) Act, No. 65 of 2009
(e) transports, removes, uproots or
destroys any plant or any part of it
or damages any plant or any part of
any plant or sells or exposes for sale
or exhibits or offers for sale any plant
found within such forest;
(f) kills or attempts to kill, removes,
transports, shoots, or attempts to
shoot, catches, snares or sets traps to
catch, molests or disturbs any bird,
animal or reptile or sells or exposes
for sale or offers for sale any part of
any such bird, animal or reptile or
takes or destroys eggs of any such
bird, animal or reptile or destroys or
removes the dwelling of any such
bird, animal or reptile;
(g) quarries stone, burns lime or
charcoal, collects any forest produce
or subjects them to any process of
manufacture, extracts coral or
molluse shells digs or mines for
plumbago, gems or other form of
minerals, collects or removes or
transports sand, soil or stones and
uses or possesses explosives for such
purpose;
(h) kindles or keeps any fire or leaves
any fire burning or causes any fire or
allows any fire to spread or carries
any fire;
(i) fells, cuts, saws, converts, alters,
collects, removes or transports any
tree or timber or collects, removes,
transports or has in his possession,
custody or control of any forest
produce;
Forest (Amendment) Act, No. 65 of 2009 11
(j) erects a scaffolding or constructs a
saw pit;
(k) clears or breaks up soil or digs any
land for cultivation or prepares any
land for building purposes or
cultivates any land already cleared
or erects a hut or any building
whether permanent or temporary or
occupies any building so erected;
(l) constructs any road, alters or
damages any road already
constructed, uses any road so
constructed, damages, alters,
disfigures or removes any wall, ditch,
embankment, fence, hurdle, gutter,
hedge, name board, sign board or
any other boundary mark,
shall be guilty of an offence and be liable on
conviction to imprisonment for a term not
exceeding five years or to a fine not less than
rupees ten thousand and not exceeding rupees
one hundred thousand or to both such
imprisonment and fine. In addition to the
above, the Court may award compensation for
any damage caused to the Reserved Forest.
Such compensation shall be equivalent to the
actual value of the damage caused to the
Reserved Forest and shall be charged and
recovered as a fine levied by Court.
(2) Any person who aids or abets in the
commission of any offence specified in
subsection (1), or causes any such offence to
be committed shall be guilty of an offence and
shall on conviction be liable to the same
punishment as is specified for the commission
of that offence.”.
12 Forest (Amendment) Act, No. 65 of 2009
Repeal of 11. Sections 7A and 9 of the principal enactment are
sections 7A and hereby repealed.
9 of the
principal
enactment.
Amendment of 12. Section 10 of the principal enactment is hereby
section 10 of the amended as follows:—
principal
enactment.
(1) by the renumbering of that section as subsection
(1) of that section;
(2) by the addition immediately after the re-numbered
subsection (1) of the following:—
“(2) The Conservator-General of Forests may,
duly authorize any person to enter or remain within
a Conservation Forest, Reserved Forest, Village
Forest or any other forest for the purpose of
discharging any official duty arising out of or in
connection with the implementation of the
Management Plan.”.
Replacement of 13. Section 20 of the principal enactment is hereby
section 20 of the repealed and the following section substituted therefor:—
principal
enactment.
“Acts 20. (1) A person who in a forest other than a
prohibited in Conservation Forest, Reserved Forest or
any Forest
Village Forest:—
other than a
Conservation
Forest, (a) causes damage by negligence when
Reserved felling any tree or cutting or
Forest or dragging any timber;
Village
Forest.
(b) strips the bark or leaves from any
tree or girdles, taps or burns any tree
or otherwise damages any tree;
(c) blocks any waterways within such
forest or obtains water from such
waterway by means of a pipeline or
any other devices or pollutes or
Forest (Amendment) Act, No. 65 of 2009 13
poisons water or pollutes the forest
environment by dumping and
disposing any garbage in the forest;
(d) quarries stone, burns lime or
charcoal or collects any forest
produce or subjects them to any
process of manufacture, or extracts
coral or mollusc shells, or digs or
mines for plumbago, gems or any
other mineral and uses or is in
possession of explosives for such
purposes;
(e) feeds cattle with grass, hunts shoots,
catches fish or sets traps, snares or
guns;
(f) makes any clearings;
(g) sets fire or kindles any fire in such a
manner as to endanger any forest or
any part of such forest or leaves any
fire burning;
(h) kindles, keeps or carries any fire,
except during such seasons and in
such manner as may be authorized
in that behalf from time to time;
(i) fells, cuts, saws, converts, collects,
removes or transports any tree or
timber or collects, removes,
transports or has in his possession,
custody or control of any forest
produce;
(j) erects a scaffolding or constructs a
saw pit;
14 Forest (Amendment) Act, No. 65 of 2009
(k) clears or breaks up soil or digs any
land for cultivation or for any other
purpose or cultivates any land
already cleared;
(l) erects a hut or any building
permanent or temporary or occupies
any building so erected;
(m) constructs any road or uses any road
so constructed;
(n) damages, alters or removes any name
board or signboard or any wall, ditch
embankment, fence, hurdle, gutter
or any other boundary mark or marks
false boundaries,
shall be guilty of an offence and be liable on
conviction to imprisonment for a term not
exceeding two years or to a fine not less than
rupees five thousand and not exceeding rupees
fifty thousand or to both such fine and
imprisonment. In addition to the above, the
Court may award compensation for any
damage caused to such forest. Such
compensation shall not be less than the value
of the damage caused to such forest and shall
be charged and recovered as a fine levied by
Court.
(2) Any person who aids or abets in the
commission of any offence specified in
subsection (1), or causes any such offence to
be committed shall be guilty of an offence and
shall on conviction be liable to the same
punishment as is specified for the commission
of that offence.
Forest (Amendment) Act, No. 65 of 2009 15
14. Section 21 of the principal enactment is hereby Repeal of
repealed. section 21 of the
principal
enactment.
15. Section 22 of the principal enactment is hereby Amendment of
amended by the substitution for the words “forest officer section 22 of the
principal
duly authorized in that behalf” of the words “forest officer enactment.
or any officer duly authorized in that behalf”.
16. The following new Chapter (sections 23A, 23B, 23C Insertion of new
Chapter IVA and
and 23D) is hereby inserted immediately after Chapter IV of
sections 23A,
the principal enactment and shall have effect as Chapter IVA 23B, 23C and
of that principal enactment:— 23D in the
principal
enactment.
“CHAPTER IV A
PROCEDURE OF OBTAINING ACERTIFICATE OF REGISTRATION
AND APERMIT
Prohibition 23A. No person shall carry on the business
on carrying of a timber depot otherwise than under the
on the
authority of a Certificate of Registration and a
business of a
timber depot permit authorizing such person to carry on the
&c,. without business stated therein for the period specified
Certificate of in such permit, which is issued by the
Registration
Conservator-General of Forests or any officer
and a permit.
authorized by the Conservator-General of
Forests in that behalf in writing.
Issue of 23B. (1) The Conservator-General of Forests
permit. or any officer authorized by the Conservator-
General of Forests in that behalf may, on
application being made to him in such form as
may be prescribed, and on payment of the
prescribed fee, issue a Certificate of
Registration and a permit to any person
authorizing such person to engage in the
business of a timber depot subject to specified
terms and conditions.
16 Forest (Amendment) Act, No. 65 of 2009
(2) The said permit shall be valid for the
period specified therein and may be renewed
on payment of the prescribed fee.
Suspension 23C. Where a Certificate of Registration and
or
a permit are issued to any person under section
cancellation
of Certificate 23B and such person contravenes any of the
registration terms or conditions of the permit, the
and permit. Conservator-General of Forests or any officer
authorized by the Conservator-General of
Forests in that behalf may make order
suspending the registration of such person for
any such period as may be specified therein or
cancel such registration.
Penalty. 23D. (1) Any person who in contravention
of the provisions of section 23A, carries on the
business of a timber depot shall be guilty of an
offence and shall on conviction be liable—
(a) where the offence is for engaging
in the business of a timber saw
mill which is fixed to the ground or
otherwise, a timber sales outlet or a
timber seasoning and processing
factory to imprisonment for a term
not exceeding two years or to a fine
not less than rupees ten thousand
and not exceeding rupees one
hundred thousand or to both such
imprisonment and fine; and
(b) where the offence is for engaging
in the business of a carpentry
shop (mechanical or otherwise), a
furniture shop or a shop which sells
wooden implements or parts thereof
or any wooden articles or a firewood
Forest (Amendment) Act, No. 65 of 2009 17
depot, to imprisonment for a term of
not exceeding six months or to a fine
not less than rupees five thousand
and not exceeding rupees fifty
thousand or to both such
imprisonment and fine.
(2) Where any person convicted of an
offence under subsection (1) continues to
commit such offence after a period of six weeks
from the date of his conviction, the court
may, upon an application made by the
Conservator-General of Forests or any person
authorized by the Conservator-General of
Forests in that behalf for the closure of such
trade or business, order the closure of such
trade or business until such time person
obtains a Certificate of Registration and a
permit in terms of section 23A and complies
with the conditions stated in the permit.
(3) In any case, where such person fails to
comply with the Order of Closure, and
continues to engage in the business of a timber
depot the Magistrate shall, order such person
to pay a sum not exceeding five thousand
rupees for each day on which he so continues
to carry on his business subsequent to the Order
and also require and authorize the Fiscal of the
Court to close such business of a timber depot,
which is being carried out at such premises
before such date, being a date not earlier than
three days or later than seven days from the
date of issue of such Order. Such Order shall be
sufficient authority for the said Fiscal or any
Police Officer authorized by him in that behalf
to enter the premises with such number of
assistants as the Fiscal deems necessary to close
down the business of the timber depot which
was being carried on at such premises.”.
18 Forest (Amendment) Act, No. 65 of 2009
Amendment of 17. Section 24 of the principal enactment is hereby
section 24 of the
amended in subsection (1) of that section:—
principal
enactment.
(1) by the substitution for the words “by land or water”,
of the words “by land, air or water”;
(2) by the substitution in paragraph (i), for the words
“transport”, wherever that word appears in that
paragraph of the words “transport or removal”;
(3) by the repeal of paragraph (p) thereof, and the
substitution therefor of the following paragraphs:—
“(p) regulate the import and export of timber and
forest produce and the levying of fees;
(q) prohibit the export from Sri Lanka of any
timber or forest produce, except under the
authority of a permit issued for such purpose
by the Conservator-General of Forests; and
(r) prohibit the export of any specified timber or
forest produce.”.
Insertion of new 18. The following new section is hereby inserted
section 24A in
the principal immediately after section 24 of principal enactment and
enactment. shall have effect as section 24A of that enactment:—
“Application 24A. (1) It shall be lawful for an officer of
of the
the Department of Customs to levy a fee in
Customs
Ordinance. respect of all timber or forest produce exported
from Sri Lanka, at the port of shipment, at such
rates, as are prescribed from time to time.
(2) This section shall be enforced as if it
forms part of the Custom Ordinance (Chapter
235) and the provisions of that Ordinance shall
apply accordingly.”.
Forest (Amendment) Act, No. 65 of 2009 19
19. Section 25 of the principal enactment is hereby Amendment of
amended as follows:— section 25 of the
principal
enactment.
(1) in subsection (1) of that section—
(a) by the substitution for the words “by a fine
not less than five thousand rupees and not
exceeding fifty thousand rupees, or by
imprisonment for a term not less than three
months and not exceeding six months”, of
the words “by a fine not less than rupees ten
thousand and not exceeding rupees one
hundred thousand, or by imprisonment for a
term not exceeding four years”;
(b) in the second proviso to that section by the
substitution for the words “by a fine not less
than ten thousand rupees and not exceeding
one hundred thousand rupees, or by
imprisonment for a term not less than six
months and not exceeding two years”, of the
words “to a fine not less than rupees fifteen
thousand and not exceeding rupees one
hundred and fifty thousand, or by
imprisonment for a term not exceeding four
years”;
(2) in subsection (2) of that section—
(a) by the substitution for the words “for a term
not less than six months and not exceeding
five years”, of the words “for a term not
exceeding five years or to a fine not less than
rupees twenty thousand and not exceeding
rupees two hundred thousand or to both such
imprisonment and fine”;
(b) in the proviso to that section by the
substitution for the words “ to a fine not less
than two thousand five hundred rupees and
20 Forest (Amendment) Act, No. 65 of 2009
not exceeding ten thousand rupees, or to
imprisonment for a term not less than three
months and not exceeding one year”, of the
words “to imprisonment for a term not
exceeding two years” or to a fine not less
than rupees five thousand and not exceeding
rupees twenty five thousand;
(3) by the repeal of subsection (2A) of that section and
the substitution therefor of the following
subsection:—
“(2A) Any person who allows any tool, vehicle
or machine of which he is the owner or which is in
his possession, to be used in the commission of an
offence under this Chapter, shall be guilty of an
offence and shall on conviction liable to
imprisonment for a term not exceeding two years or
to a fine not less than rupees ten thousand and not
exceeding rupees one hundred thousand or to both
such imprisonment and fine”; and
(4) in subsection (3) of that section by the substitution
for the words “in this Chapter,” of the words “in this
Chapter or any regulation made thereunder,”.
Amendment of 20. Section 26 of the principal enactment is hereby
section 26 of the
amended as follows:—
principal
enactment.
(1) by the re-numbering of that section as subsection
(1) of that section;
(2) in the re-numbered subsection (1), by the
substitution for the words “Government Agent”
wherever those words appear in that section, of the
words “District Secretary, Divisional Secretary or
Forest Officer not below the rank of a Range Forest
Officer”;
Forest (Amendment) Act, No. 65 of 2009 21
(3) by the addition immediately after the re-numbered
subsection (1) of the following new subsection:—
“(2) Any person who makes an application for a
permit to transport timber or forest produce stating
that such timber or forest produce was obtained
from a private property and there is evidence of
proof to the contrary that such timber or forest
produce was obtained from a forest declared under
the provision of this Ordinance or State land, such
person shall be guilty of an offence, and shall on
conviction, be liable to the same punishment as is
specified in subsection (1) of section 25. The
application shall be admissible as evidence against
such person in a court of law in .”.
21. Section 27 of the principal enactment is hereby Amendment of
amended as follows:— section 27 of the
principal
enactment.
(1) in subsection (1) of that section, by the substitution
for the words “power to stop and examine any timber
during transit” of the words “power to stop and
examine any vehicle during its transit for the
purpose of ascertaining whether such vehicle is
being used to transport or remove any timber or
forest produce,”;
(2) in subsection (2) of that section, by the repeal of
paragraphs (a), (b) and (c) thereof and the
substitution therefor of the following:—
“(a) give such order, direction, signal or use such
devices to take such measures as may be
necessary to stop any vehicle or cause such
vehicle to be halted;
(b) detain for any vehicle inspection and search;
(c) seize any timber or forest produce found in a
vehicle and deal with the timber and forest
produce as provided for in Chapter VII.”.
22 Forest (Amendment) Act, No. 65 of 2009
(3) in subsection (3) of that section, by the substitution
for the words “to a fine not less than five thousand
rupees and not exceeding fifty thousand rupees, or
to imprisonment of either description for a term not
less than three months and not exceeding six
months,”, of the words “to imprisonment of either
description for a term not exceeding five years, or
to a fine not less than rupees ten thousand and not
exceeding rupees one hundred thousand”; and
(4) by the substitution for the words “timber”, wherever
that word appears in that section of the words
“timber and forest produce”.
Amendment of 22. Section 28 of the principal enactment is hereby
section 28 of the
amended by the repeal of subsection (2) thereof and the
principal
enactment. substitution therefor of the following:—
“(2) Any person who obstructs or in any way
interferes with any forest officer or police officer, in
the exercise of his powers under this section, or who
causes the obstruction of, or interferes with the
exercise of the powers under this section shall be
guilty of an offence and shall on conviction be liable
to imprisonment for a term not exceeding five years
or to a fine not less than rupees twenty thousand and
not exceeding rupees two hundred thousand or to
both such imprisonment and fine.”.
Amendment of 23. Section 36 of the principal enactment is hereby
section 36 of the amended in subsection (2) of that section by the substitution
principal
enactment. for the words “punishable by a fine not less than five
thousand rupees and not exceeding one hundred thousand
rupees or by imprisonment for a term not less than three
months and not exceeding two years” of the words
“punishable by imprisonment for a term not exceeding two
years, or by a fine not less than rupees ten thousand and not
exceeding one hundred thousand rupees”.
Forest (Amendment) Act, No. 65 of 2009 23
24. Section 37 of the principal enactment is Replacement of
hereby repealed and the following section substituted section 37 of the
principal
therefore:— enactment.
“Power to 37. (1) Any Forest Officer or Police Officer
seize timber
or forest may, after due inquiry if he has reason to
produce or believe that an offence in respect of any timber
vehicles. or forest produce has been committed or is
being committed, seize and detain such timber
or forest produce, together with all tools,
vehicles and all implements cattle and
machines used in the commission of such
offence.
(2) The Forest Officer or Police Officer
referred to in subsection (1) shall produce, such
timber or forest produce, together with all tools,
vehicles, implements cattle and machines used
in the commission of the offence together
with the relevant documents before the
Magistrate having jurisdiction, within seven
working days from the date of such seizure or
detention:
Provided however, that a Certificate
under the hand of the Conservator-General
of Forests or any officer not below the rank of
a Range Forest Officer or any Police Officer
not below the rank of a Sub-Inspector of
Police, who is personally aware and satisfied
that it is not practicable to remove and
produce in Court, any timber or forest produce
from the place where such timber or forest
produce is seized or detained, by reason of the
fact that the cost to be incurred in the hauling
and transportation of such timber or forest
24 Forest (Amendment) Act, No. 65 of 2009
produce for production exceeds the value of
the timber or forest produce so seized, shall be
admissible in evidence and shall be prima facie
proof of the facts stated therein.”.
Amendment of 25. Section 38A of the principal enactment is hereby
section 38A of amended by the substitution for the words “motor vehicle,
the principal
enactment. machine, implement, raft, tug, trailer” of the words “vehicle,
machine, cattle and implement,” and for the words and figure
“seized under section 37,” of the words and figure “seized or
a certificate given under section 37,”.
Amendment of 26. Section 40 of the principal enactment is hereby
section 40 of the amended by the repeal of subsection (1) thereof and the
principal
enactment. substitution therefor of the following:—
“(1) Where any person is convicted of a forest
offence—
(a) all timber or forest produce which is not the
property of the State in respect of which such
offence has been committed; and
(b) all tools, vehicles, implements, cattle and
machines used in committing such offence,
shall in addition to any other punishment specified
for such offence, be confiscated by Order of the
convicting Magistrate:
Provided that in any case where the owner of
such tools, vehicles, implements and machines
used in the commission of such offence, is a third
party, no Order of Confiscation shall be made if such
owner proves to the satisfaction of the Court that he
had taken all precautions to prevent the use of such
tools, vehicles, implements, cattle and machines,
as the case may be, for the commission of the
offence.”.
Forest (Amendment) Act, No. 65 of 2009 25
27. The following new section is hereby inserted Insertion of
immediately after section 40A of the principal enactment section 40B in
the principal
and shall have effect as section 40B of that enactment:— enactment.
“The 40B. The provisions of subsections (1) and
provisions of (2) of section 433A of the Code of Criminal
section 433A
of the Code Procedure Act, No. 15 of 1979, as amended by
of Criminal Act, No. 12 of 1990, shall not apply to or in
Procedure relation to any person who pleads guilty to, or
Act, No. 15 is found guilty of a forest offence.”.
of 1979, not
to apply to
persons who
plead guilty
to or are
found guilty
of a forest
offence.
28. Section 47 of the principal enactment is hereby Amendment of
amended as follows:— section 47 of the
principal
enactment.
(1) by the repeal of paragraph (c) of that section and
the substitution therefor of the following new
paragraphs:—
“(c) alters, moves, destroys, defaces or forges any
boundary mark or boundary post or prepares
false survey plans or tenders any such false
survey plan of any forest to which the
provisions of this Ordinance apply; or
(d) keeps in his possession or custody unlawfully
stamped timber or timber with counterfeit
stamping.”;
(2) by the substitution for the words “for a term not less
than six months and not exceeding two years or to
a fine not less than ten thousand rupees and not
exceeding fifty thousand rupees” in that section of
the words “for a term not exceeding two years or to
a fine not less than rupees five thousand and not
exceeding rupees fifty thousand or”.
26 Forest (Amendment) Act, No. 65 of 2009
Amendment of 29. Section 48 of the principal enactment is hereby
section 48 of the amended by the repeal of subsection (2) thereof and the
principal
substitution therefor of the following:—
enactment.
“(2) Every officer making an arrest under this
section shall, without unnecessary delay, produce
the person arrested to the nearest police station
together with a statement stating the commission of
the offence with which the accused is charged. The
Officer-in-Charge of the police station shall,
forthwith, take or send the person arrested to the
nearest Magistrate:
Provided however, that where the arrest of any
person under this section is made by a Forest
Officer or any Officer of the Department of Wild Life
Conservation, such person shall be taken to the Range
Forest Officer or a Wild Life Ranger respectively who
shall produce the arrested person before the nearest
Magistrate without any delay.”.
Amendment of 30. Section 48A of the principal enactment is hereby
section 48A of amended in subsection (1) of that section, by the substitution
the principal
enactment. for the words “for a term of not less than one year and not
exceeding five years or to a fine not less than twenty
five thousand rupees or not exceeding one hundred thousand
rupees” of the words “for a term of not exceeding
five years or to a fine not less than rupees ten thousand and
not exceeding rupees one hundred thousand”.
Replacement of 31. Section 52 of the principal enactment is hereby
section 52 of the repealed and the following new section substituted
principal
therefor:—
enactment.
“Presumption 52. Where in any proceedings under this
that timber Ordinance, or in consequence of anything done
&c., belongs
to the State. under this Ordinance, a question arises as to
whether any timber or forest produce, is the
property of the State, such timber or forest
produce, shall be presumed to be the property
the State until the contrary is proved.”.
Forest (Amendment) Act, No. 65 of 2009 27
32. Section 53 of the principal enactment is hereby Amendment of
amended by the substitution for the words “Criminal section 53 of the
principal
Procedure Code” wherever such words appear in that section,
enactment.
of the words “Code of Criminal Procedure Act, No. 15 of
1979” and for the word and figures “Chapter XVI” of the
word and figures “Chapter XV” respectively.”.
33. Section 53A of the principal enactment is hereby Replacement of
repealed and the following new section substituted section 53A of
the principal
therefor:—
enactment.
“Ejectment 53A. Where any person unlawfully clears or
from State encroaches or is in unlawful or unauthorized
Land.
possession of a portion of, any Conservation
Forest, Reserved Forest, Village Forest or any
Forest not included in those categories, as the
case may be, such person shall be guilty of an
offence and he shall in addition to the
punishment for such offence be ejected from
such land and the provisions of the State Lands
(Recovery of Possession) Act, No. 7 of 1979
shall, mutatis mutandis, apply to any such
ejectment. Every reference to Divisional
Secretary in that Act shall be read and construed
as a reference to the Divisional Forest Officer
of the area in which such land is situated.”.
34. Section 55 of the principal enactment is hereby Amendment of
amended by the repeal of paragraphs (a), (b) and (c) of that section 55 of the
principal
section and the substitution therefor of the following enactment.
paragraphs:—
“(a) for each elephant or buffalo – Rs. 15,000.00
(b) for each calf, ass, pig, sheep,
lamb. goat or kid – Rs. 3,000.00
(c) for every head of cattle other
than the above – Rs. 7,500.00".
28 Forest (Amendment) Act, No. 65 of 2009
Amendment of 35. Section 58 of the principal enactment is hereby
section 58 of the amended in subsection (2) by the insertion immediately after
principal
paragraph (b), of the following new paragraphs:—
enactment.
“(c) any employee or officer of the Department of Wild
Life Conservation to perform the functions of a
Forest Officer for the purposes of sections 24, 27,
37, or 48 of this Ordinance;
(d) a District Land Officer, Land Officer, Kachcheri
Surveyor, Grama Niladhari and a Colonization
Officer of the Land Commissioners Department
to perform the functions of a Forest Officer for
the purposes of sections 27, 37 or 48 of this
Ordinance; or
(e) a District Secretary, Divisional Secretary, Assistant
Divisional Secretary to perform the functions of
a Forest Officer for the purposes of sections
24, 27, 28, 30, 31, 32, 37 or 48 of this Ordinance.”.
Amendment of 36. Section 59 of the principal enactment is hereby
section 59 of the
amended in subsection (1) of that section by the insertion
principal
enactment. immediately after paragraph (i) thereof of the following
paragraphs:—
“(j) power to name and appoint the category of officers
empowered to issue permits for specified timber
and forest produce and to specify the corresponding
specific areas in relation to paragraph (b) of
subsection (1) of section 24 of this Ordinance ;
(k) power to classify the category of timber and the
forest produce in relation to paragraph (p) and (r) of
subsection (1) of section 24.”.
Replacement of 37. Section 64 of the principal enactment is hereby
section 64 of the repealed and the following section substituted therefor:—
principal
enactment. “Regulations.
64. (1) The Minister may make regulations
in respect of matters required by this Ordinance
Forest (Amendment) Act, No. 65 of 2009 29
to be prescribed or in respect of which
regulations are authorized or required to be
made.
(2) Without prejudice to the generality of
the powers conferred by subsection (1), the
Minister may make regulations—
(a) to declare the forest officer or class
of forest officers, who shall exercise
or perform the powers or duties
conferred or imposed by this
Ordinance;
(b) to regulate and administer the
“Forest Department Fund” for the
purpose for which such Fund was
established;
(c) to provide for the payment into such
fund of the whole or part of—
(i) sums received as compensation
for offences committed under
this Ordinance and proceeds of
fines imposed by Court and
proceeds from the sale of
confiscated vehicles;
(ii) sums received through activities
undertaken by the Forest
Department; and
(iii) such other contributions as may
be made to the fund by the
Government, any public or
private corporation or any
individual;
30 Forest (Amendment) Act, No. 65 of 2009
(d) to provide for the payment out of
the fund, subject to such conditions
as may be specified in the
regulations,—
(i) of rewards to informers
under the Informers Reward
Ordinance (Chapter 28) and to
forest officers;
(ii) of compensation for bodily
injury caused to forest officers,
police officers or other officers
in the exercise, performance and
discharge of their powers, duties
and functions under this
Ordinance, or
(iii) when death results from such
injury, for compensation to their
heirs;
(iv) of travelling expenses properly
incurred in attending courts for
the purposes of this Ordinance;
(v) of expenses for carrying on raids
to abate illicit fellings and
illicit transport, of timber; and
(vi) of expenses incurred in forest
protection activities including
the conduct of training
programmes for forest officers
enabling them to carry out their
functions efficiently under this
Ordinance;
Forest (Amendment) Act, No. 65 of 2009 31
(e) to implement an insurance scheme
for the benefit of the forest officers
of the Forest Department;
(f) to generally carry out the provisions
of this Ordinance, which would
include a levy of the fee to be paid
for any licence or permit issued
under this Ordinance or under any
regulation made thereunder, and the
mode and manner of payment or
recovery of any such fee; and
(g) in respect of the matters set out below
within any forest which is not a
Conservation Forest, Reserve Forest
or Village Forest:—
(i) levying of fees or charges in
respect of activities to be carried
out within the forest;
(ii) activities to be carried out for
the purpose of conservation and
development of degraded forest
areas with community and
private sector participation
including the procedure for the
preparation of Management
Agreements indicating their
purpose, scope and extent;
(iii) entering into such agreements,
cancellation of the same,
imposing conditions, levying
of fees and formulating
strategies for the settlement of
disputes in connection with the
management of such forest;
32 Forest (Amendment) Act, No. 65 of 2009
(iv) the development of a benefit
sharing mechanism among the
management partners or
stakeholders;
(v) the procedure to be followed in
authorizing the use of forest
produce in such forest, by any
local community and the
conditions applicable thereto;
(vi) the conditions applicable to
any activity within the forest;
and
(vii) the areas in respect of which
and the conditions subject to
which any scientific research
may be permitted.
(3) Every regulation made by the Minister
shall be published in the Gazette and shall
come into operation on the date of such
publication or on such later date as may be
specified in the regulation.
(4) Every regulation made by the Minister
shall, within one month after its publication in
the Gazette, be brought before Parliament for
approval.
(5) Every regulation which is not so
approved shall be deemed to be rescinded as
from the date of such disapproval but without
prejudice to anything previously done
thereunder.
(6) Notification of the date on which any
regulation is deemed to be rescinded shall be
published in the Gazette.”.
Forest (Amendment) Act, No. 65 of 2009 33
38. The following new sections are hereby inserted Insertion of new
immediately after section 64 of the principal enactment and sections 64A and
64B in the
shall have effect as sections 64A and 64B of that enactment:—
principal
enactment.
“Court to 64A. The Court may—
direct
payment of
(a) where an offence relates to the
share of fine
to the Fund. imposition of a fine, direct that an
amount equivalent to not less than
one-half of the amount of such fine;
and
(b) where an offence relates to the
confiscation of the vehicles used in
connection with the commission of
the offence, direct that an amount
equal to not less than one-half of the
proceeds recovered from the sale of
such vehicle,
be credited to the Forest Department Fund
established under the provisions of this Act.
Purposes for 64B. (1) The Fund shall be utilized for the
which the purposes of granting compensation to any
moneys of
forest officer who is permanently, disabled, or
the Fund
may be partially disabled or temporarily incapacited,
applied. or in the event of death of any forest officer, to
the legal heirs, in any case where such
disablement, incapacitation or death, as the case
may be is due to an injury—
(a) sustained by such officer while on
duty; or
(b) sustained by such officer while
travelling—
(i) from his place of residence to
his place of work to report for
duty; or
34 Forest (Amendment) Act, No. 65 of 2009
(ii) from his place of work to his
place of residence after duty; or
(c) sustained by such officer, while not
on duty in the performance of some
act which is within the scope of his
ordinary duties; or
(d) sustained by such officer in
consequence of any act or
performance in the execution of his
duties; or
(e) sustained by such officer as a result
of any act of reprisal occasioned by,
or arising out of, any action taken
by him in the execution of his duties.
(2) Any compensation granted in
accordance with regulations made under the
preceding provisions of this section in respect
of the disablement, incapacitation or death of
a forest officer shall be in addition to any
pension, gratuity, compensation, allowance or
other benefit granted in respect of such
disablement, incapacitation or death under the
Minutes on Pensions or any other written law
applicable thereto.”.
Amendment of 39. Section 65 of the principal enactment is hereby
section 65 of the
amended by the repeal of that section and the substitution
principal
enactment. therefor of the following:—
“Rules. 65. The Minister may make rules in respect
of matters required by this Ordinance to be
made. Every rule so made shall be published
in the Gazette.
Forest (Amendment) Act, No. 65 of 2009 35
40. Section 67 of the principal enactment is hereby Amendment of
section 67 of the
amended by the substitution for the words “in a reserved
principal
forest or village forest” of the words “in a Conservation enactment.
Forest or Reserved Forest or Village Forest or any Forest not
included in those categories.”.
41. The following new section is hereby inserted Insertion of new
section 67A in
immediately after section 67 of the principal enactment and
the principal
shall have effect as section 67A of that enactment:— enactment.
“Reward for 67A. It shall be lawful for the Conservator-
informers.
General of Forests to determine in accordance
with specified criteria, the sum of money to be
paid to persons as rewards from the Forest
Department Fund for the protection of the
forest, where such persons provide—
(a) voluntary information in relation to
any offence under this Ordinance;
(b) voluntary assistance in
extinguishing any fire occurring
within any forest.”.
42. Section 77 of the principal enactment is hereby Repeal of
section 77 of the
repealed. principal
enactment.
43. Section 78 of the principal enactment is hereby Amendment of
section 78 of the
amended as follows:—
principal
enactment.
(1) by the repeal of the definition of the expression
“animal” and the substitution therefor of the
following definition:—
‘ “animal” means any member of the animal
kingdom at any stage of the life cycle or any
part thereof;”;
36 Forest (Amendment) Act, No. 65 of 2009
(2) by the substitution in the definition of the
expression “cattle”, for the words “elephants,
buffaloes, horses,” of the words “elephants,
buffaloes, neat cattle, horses”;
(3) by the repeal of the definition of the expression
“classification mark” and the substitution therefor
of the following definition:—
‘ “classification mark” means a mark placed on
timber to denote its origin, or the agency by
which it has been handled and the class to
which such timber belongs;’;
(4) by the insertion immediately after the definition of
the expression “Conservation Forest” of the
following definition:—
‘ “District Secretary” means the District Secretary
in charge of an Administrative District;
“Divisional Secretary” means the Divisional
Secretary in charge of a Divisional Secretary’s
Division;’;
(5) by the repeal of the definition of the expression
“forest officer” and the substitution therefor of the
following definition:—
‘ “forest officer,” means any person appointed by
name or as holding an office, to be
Conservator-General of forests, Conservator
of Forests, Senior Deputy Conservator of
Forests, Deputy Conservator of Forests,
Assistant Conservator of Forests, Divisional
Forest Officer, Additional Divisional Forest
Officer, Assistant Divisional Forest Officer,
Special Forester, Forester, Range Forest
Officer, Additional Range Forest Officer, Beat
Forest Officer, Forest Field Assistant, Forest
Forest (Amendment) Act, No. 65 of 2009 37
Watcher, Forest Labourer, Plantation Labourer
and any other person by name or by office
appointed to discharge any function of a
forest officer under the provisions of this
Ordinance or any regulation or rule made
thereunder;’;
(6) in paragraph (a) of the definition of the expression
“forest produce”—
(a) by the substitution for all the words from
“gum and myrabolans” of the words “gum,
myrabolans and extracts from plants, animals
and birds.”;
(b) by the repeal of paragraph (c) thereof
substitution therefor of the following
paragraph:—
“(c) tusks, horns, shed horns, edible bird’s
nests, animal skin and parts of
animals,”;
(c) in paragraph (d) thereof, by the substitution
for the words “rocks and minerals” of the
words “rocks and minerals, sand, stones, gems
or soil excavated from the gem pits;”;
(d) by the insertion immediately after paragraph
(d) of the following new paragraph:—
“(e) water from natural springs, fountains
and other natural resources of water;”;
(7) by the insertion immediately after the definition of
the expression “forest produce” of the following
definition:—
‘ “Grama Niladhari” means the Grama Niladhari in
charge of a Grama Niladhari Division;’;
(8) by the repeal of the definition of the expression
“Government Agent”;
38 Forest (Amendment) Act, No. 65 of 2009
(9) by the repeal of the definition of the expression
“Headman”;
(10) by the insertion immediately after the definition of
the expression “imprisonment” of the following
definition:—
‘ “person” includes a body of persons, corporate or
unincorporate;’;
(11) by the repeal of the definition of the expression
“plant” and the substitution therefor of the following
definition:—
‘ “plant” means any member of the plant kingdom
inclusive of any part of its life cycle of plants
and also includes climbers or creepers
wooden or otherwise, trees, ferns, lichens,
epiphytes or any part thereof, seed, fruit or
flowers or any part thereof;’;
(12) by the repeal of the definition of the expression
“police officer” and substitution therefor of the
following definition:—
‘ “Police Officer” means any officer appointed under
the Police Ordinance (Chapter 53) and serving
in the Police Department in the Regular
Service, Reserve Service or Special Task
Force, as the case may be;’;
(13) by the insertion immediately after the definition of
the expression “river” of the following
definition:—
‘ “State Land” means any land defined under the
Crown Lands Ordinance (Chapter 454);’;
Forest (Amendment) Act, No. 65 of 2009 39
(14) in the definition of the expression “timber depot or
timber yard”, by the addition immediately after
paragraph (d) thereof, of the following:—
‘ “A timber depot” includes any firewood shed, any
shop or showroom where wooden furniture or
wooden articles are kept for sale and place where
carpentry work is being carried out using
machines or otherwise any timber sales outlet,
timber saw mill fixed to the ground or otherwise,
or timber seasoning and processing factory. It
shall also include a hand tractor if it is used as a
mobile timber saw mill but it shall not include
any temporary carpentry work shop in a
construction site where wooden articles are
made or wood is being fashioned utilizing
timber brought to such site on a permit legally
issued by an officer authorized in that behalf;’;
and
(15) by the repeal of the definition of the expression
“tree” and substitution therefor of the following
definitions:—
‘ “tree” includes bamboos, stumps and brushwood,
palms, canes, creepers, climbers woody, or
otherwise, reeds and trees in all stages of their
growth;
“vehicle” includes boats, carts, motor vehicles,
tractors, trailesr, containers, rafts, tugs or any
mode of transport motorized or otherwise;’.
44. In the event of any inconsistency between Sinhala text to
the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.
40 Forest (Amendment) Act, No. 65 of 2009
Replacement of 45. Schedule III and Schedule IV to the principal
Schedules in the
enactment are hereby repealed and the following Schedules
principal
enactment. substituted therefor:—
“Schedule III (Section 74)
Whereas the sum of Rs. . . . . . . . . . . . . . . . was due to the State
under the provisions of the Forest Ordinance, from . . . . . . . . . . . . .of
. . . . . . . . . . . . . . . . . . which said sum has not been paid by the
said . . . . . . . . . . . . .
And where the land . . . . . . . . . . . . . . . being the property of the
said . . . . . . . . . . . . . . was seized in conformity with the provisions
of the said Ordinance, and sold also in conformity therewith on
the . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . .. The land was purchased
by . . . . . . . . . . . . . . . . . .of . . . . . . . . . . . . . . . . for the sum of
Rs. . . . . . . . . . . . . . . . . .which has been duly paid by the
said . . . . . . . . . . . . . . . .
Now know ye that I, . . . . . . . . . . . . . . . .. District Secretary, by
virtue and in exercise of the powers vested in me in this behalf by the
said Ordinance, do hereby certify that the following property, to
wit (described herein with special accuracy as to boundaries), has
been sold to and purchased by the said . . . . . . . . . . . . . . . . . for the
sum of Rs. . . . . . . . . . . . . . . . . . . which he has duly paid, and
that the said premises are and shall hence forward be vested in the
said. . . . . . . . . . . . . . his heirs, executors, administrators and assigns,
free of all encumbrances.
Given under my hand this day of
(Signature) . . . . . . . . . . . . . . . . .
District Secretary.
Schedule IV (Section 75)
Where the sum of Rs. . . . . . . . . . . . . . . . was due to the State
under the provisions of the Forest Ordinance, from . . . . . . . . . . . . .
of . . . . . . . . . . . . . . . . . . .which said sum has not been paid by the
said . . . . . . . . . . . . .
And whereas the land . . . . . . . . . . . . . being the property of the
said . . . . . . . . . . . . . .was seized in conformity with the said Ordinance,
and sold also in conformity therewith on the . . . . . . . . . . . . . . .day
of . . . . . . . . . . . . . . . . and the same was purchased by . . . . . . . . . .
District Secretary, for the sum of Rs. . . . . . . . . . . . . . which has been
credited to the Government of Sri Lanka in part satisfaction (or full,
as the case may be) of a sum of Rs. . . . . . . . . . . due to the State.

Forest (Amendment) Act, No. 65 of 2009 41
Now know ye that I, . . . . . . . . . . . . . District Secretary, by virtue
and in exercise of the powers vested in me in this behalf by the said
Ordinance, do hereby certify that the following property, (described
herein with special accuracy as to boundaries), which has been sold to
and purchased by the said . . . . . . . . . . . . . District Secretary, for and
on behalf of the State, for the sum of Rs. . . . . . . . . . . . . .which said
sum has been duly credited to the State as aforesaid, and that the said
premises are and shall hence forth be vested in the State, free of all
encumbrances.
Given under my hand this day of
(Signature) . . . . . . . . . . . . .
District Secretary.
Schedule V
The principal enactment is hereby amended in the sections specified
in Column I by the substitution, for the word or expression specified
in the corresponding entry in Column II, of the word or expression
specified in the corresponding entry in Column III of that Schedule.
Column I Column II Column III
Section Words to be deleted Words to be substituted
4 Government Agent District Secretary
24(1) Ceylon Sri Lanka
49A Government Agent District Secretary
53A Government Agent District Secretary
57 Government Agent District Secretary
72 Government Agent District Secretary
73 Government Agent District Secretary
74 Government Agent District Secretary
75 Government Agent District Secretary”.

42 Forest (Amendment) Act, No. 65 of 2009
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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