Forest (Amendment) Act 2009 · As enacted
16. Insertion of new Chapter IVA and sections 23A, 23B, 23C and 23D in the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The following new Chapter (sections 23A, 23B, 23C and 23D) is hereby inserted immediately after Chapter IV of the principal enactment and shall have effect as Chapter IVA of that principal enactment:—
“CHAPTER IV A
PROCEDURE OF OBTAINING A CERTIFICATE OF REGISTRATION
AND A PERMIT
23A. No person shall carry on the business of a timber depot otherwise than under the authority of a Certificate of Registration and a permit authorizing such person to carry on the business stated therein for the period specified in such permit, which is issued by the
Conservator-General of Forests or any officer authorized by the Conservator-General of
Forests in that behalf in writing.
23B. (1) The Conservator-General of Forests 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.
Prohibition on carrying on the business of a timber depot
&c,. without
Certificate of
Registration and a permit.
Issue of permit.
The said permit shall be valid for the period specified therein and may be renewed on payment of the prescribed fee.
23C.
Suspension or
Where a Certificate of Registration and a permit are issued to any person under section 23B and such person contravenes any of the terms or conditions of the permit, the
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.
23D.
registration Penalty
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—
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
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 cancellation of Certificate and permit.
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.
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.
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.”.