26. Amendment of section 40 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 40 of the principal enactment is hereby amended by the repeal of subsection (1) thereof and the 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.”.

Read on from s 27