Skip to content
As enacted
Contents

37. Replacement of section 64 of the principal enactment

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

Section 64 of the principal enactment is hereby repealed and the following section substituted therefor:—

64. (1) The Minister may make regulations in respect of matters required by this Ordinance

“Regulations.

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;

(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;

(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;

(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.”.