Felling Of Trees (Control)(Amendment)



Felling Of Trees (Control)(Amendment)
AN ACT TO AMEND THE FELLING OF TREES (CONTROL) ACT

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-

[12th June
, 2000
]
Short title.

1. This Act may be cited as the Felling of Trees (Control) (Amendment) Act. No. of 2000.

Replacement of section 4 of Chapter 452.

2. Section 4 of the Felling of Trees (Control) Act is hereby repealed and the following section substituted therefore :”

Penalty for contravention of Order.

4.

(1) Any person who acts in contravention of any Order made under this Act , or of any condition inserted in any licence granted under any such Order shall be guilty of an offence and shall on conviction Lifter summary trial before a Magistrate be liable 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 six months and not exceeding one year or to both such fine and imprisonment.

(2) Upon the conviction of any person for an offence under subsection (1), any tree or part thereof in respect of which such offence has been committed shall, by reason of such conviction be forfeited to the State.

(3) Any tree or part thereof forfeited to the State under subsection (2) shall”

(a) if no appeal has been preferred to a High Court established by Article 154P of the Constitution against the relevant conviction vest absolutely in the State with effect from the date on which the period prescribed for preferring an appeal against such conviction expires:

(b) if an appeal has been preferred to a High Court established under Article 154P of the Constitution against the relevant conviction, vest absolutely in the Stale with effect from the date on which such conviction is finally affirmed on appeal.

In this subsection, “relevant conviction” means the conviction in consequence of which any tree or part thereof is forfeited to the State under subsection (2).

(4) An officer designated in writing by the Conservator of Forests shall take charge of any tree or part thereof vested in the State under subsection (3) and shall dispose of it in accordance with the directions of the Conservator of Forests.”.

Sinhala text to prevail in case of inconsistency.

3. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.