Forest (Amendment) Act 2009 · As enacted
43. Amendment of section 78 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 78 of the principal enactment is hereby amended as follows:—
by the repeal of the definition of the expression
“animal” and the substitution therefor of the following definition:—
‘ “animal” means any member of the animal kingdom at any stage of the life cycle or any part thereof;”;
“Reward for informers.
by the substitution in the definition of the expression “cattle”, for the words “elephants, buffaloes, horses,” of the words “elephants, buffaloes, neat cattle, horses”;
by the repeal of the definition of the expression
“classification mark” and the substitution therefor of the following definition:—
‘ “classification mark” means a mark placed on timber to denote its origin, or the agency by which it has been handled and the class to which such timber belongs;’;
by the insertion immediately after the definition of the expression “Conservation Forest” of the following definition:—
‘ “District Secretary” means the District Secretary in charge of an Administrative District;
“Divisional Secretary” means the Divisional
Secretary in charge of a Divisional Secretary’s
Division;’;
by the repeal of the definition of the expression
“forest officer” and the substitution therefor of the following definition:—
‘ “forest officer,” means any person appointed by name or as holding an office, to be
Conservator-General of forests, Conservator of Forests, Senior Deputy Conservator of
Forests, Deputy Conservator of Forests,
Assistant Conservator of Forests, Divisional
Forest Officer, Additional Divisional Forest
Officer, Assistant Divisional Forest Officer,
Special Forester, Forester, Range Forest
Officer, Additional Range Forest Officer, Beat
Forest Officer, Forest Field Assistant, Forest
Watcher, Forest Labourer, Plantation Labourer and any other person by name or by office appointed to discharge any function of a forest officer under the provisions of this
Ordinance or any regulation or rule made thereunder;’;
in paragraph (a) of the definition of the expression
“forest produce”—
by the substitution for all the words from
“gum and myrabolans” of the words “gum, myrabolans and extracts from plants, animals and birds.”;
by the repeal of paragraph (c) thereof substitution therefor of the following paragraph:—
“(c)
tusks, horns, shed horns, edible bird’s nests, animal skin and parts of animals,”;
in paragraph (d) thereof, by the substitution for the words “rocks and minerals” of the words “rocks and minerals, sand, stones, gems or soil excavated from the gem pits;”;
by the insertion immediately after paragraph (d) of the following new paragraph:—
“(e)
water from natural springs, fountains and other natural resources of water;”;
by the insertion immediately after the definition of the expression “forest produce” of the following definition:—
‘ “Grama Niladhari” means the Grama Niladhari in charge of a Grama Niladhari Division;’;
by the repeal of the definition of the expression
“Government Agent”;
by the repeal of the definition of the expression
“Headman”;
by the insertion immediately after the definition of the expression “imprisonment” of the following definition:—
‘ “person” includes a body of persons, corporate or unincorporate;’;
by the repeal of the definition of the expression
“plant” and the substitution therefor of the following definition:—
‘ “plant” means any member of the plant kingdom inclusive of any part of its life cycle of plants and also includes climbers or creepers wooden or otherwise, trees, ferns, lichens, epiphytes or any part thereof, seed, fruit or flowers or any part thereof;’;
by the repeal of the definition of the expression
“police officer” and substitution therefor of the following definition:—
‘ “Police Officer” means any officer appointed under the Police Ordinance (Chapter 53) and serving in the Police Department in the Regular
Service, Reserve Service or Special Task
Force, as the case may be;’;
by the insertion immediately after the definition of the expression “river” of the following definition:—
‘ “State Land” means any land defined under the
Crown Lands Ordinance (Chapter 454);’;
in the definition of the expression “timber depot or timber yard”, by the addition immediately after paragraph (d) thereof, of the following:—
‘ “A timber depot” includes any firewood shed, any shop or showroom where wooden furniture or wooden articles are kept for sale and place where carpentry work is being carried out using machines or otherwise any timber sales outlet, timber saw mill fixed to the ground or otherwise, or timber seasoning and processing factory. It shall also include a hand tractor if it is used as a mobile timber saw mill but it shall not include any temporary carpentry work shop in a construction site where wooden articles are made or wood is being fashioned utilizing timber brought to such site on a permit legally issued by an officer authorized in that behalf;’;
and
by the repeal of the definition of the expression
“tree” and substitution therefor of the following definitions:—
‘ “tree” includes bamboos, stumps and brushwood, palms, canes, creepers, climbers woody, or otherwise, reeds and trees in all stages of their growth;
“vehicle” includes boats, carts, motor vehicles, tractors, trailesr, containers, rafts, tugs or any mode of transport motorized or otherwise;’.