Forest (Amendment) Act 2009 · As enacted
24. Replacement of section 37 of 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
Section 37 of the principal enactment is hereby repealed and the following section substituted therefore:—
37. (1) Any Forest Officer or Police Officer may, after due inquiry if he has reason to believe that an offence in respect of any timber 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.
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
“Power to seize timber or forest produce or vehicles.
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.”.