Forest Regulations 1979 (No. 2 of 1979)

I 0~);:;u: (I) G;.i<;.;J--·0 eo;;..) ~~):")~i)~ ~0)~i)~ ~::.)dtSc:.cJ <;:.1 U::;(.1.:3 '-'lCU u:;:),-=--IUi9.12.2G ;,:\ ~J<T I: ~f;c(I)-l:A.'mTTEEXTI~:~~l~DIX.AHYOE Im,DE:'IlO ~I~~'IC SOCIALIST HEPl;BT.~~O~" SIU LANKA-I!Ji(I.I::!.:!G t~:(~ rules and conditions relating to such depots, notified Ir orn time to time in the Gazette. .j, Where any specified route or routes for the trans port of major forest produce from or within any Province has been prescribed by the Conservator ot Forests by notification published in the Gazelte, no person shall transport major forest produce of any description from or within such District by any route other than the route or routes so prescribed: Provided that it shall be lawful for the officer issuing the permit to exempt from the operation of the preceding provisions of this regulation any major forest produce which is to be transported only v.it hin the limits of the area under his own control. :i. (I) The Conservator of Forests may by notiflcation published in the Gazette for the purposes of section 24 ( J) (1J) of the Ordinance spcci Iy any area as all area wit h i n, into or out of whi.h. t irnbcr of any species ~;;f'cified in that notification shall not be transported v.ithout a permit issued by :dl ollicer authorised in that sehalf. ' Izf-N6 person shall, within or out of uny SUCll area transport or cause to be transported timber l)f any species specified in such notification without a permit is suud 1)\' a forest officer authorised in that behalf b v Ib: Conservator of Forests ur without a ocrmit issued by an employee of the State Timber Corporation autho riscd in that behalf by the Clr-irman of the Stat« Timber Corpornt ion. (2) No ('xt~~si()n ofti!l~ beyond a period of one .. :11:: j:,. ~ ',' ..p'. .: :!:e pC'r:1.ir-ll:irF: paragraph (l) shall be :lllll\\·;:d III any case. 10. All major forest produce in respect of which no permit as hereinbefore provided is produced, shall be stopped in transit by any police officer, forest offlcer or employee of the State Timber Corporation except a Depot Officer who shall thereupon detain, examine, and mark, such forest produce and report the matter to his superior officer or to the Divisional Forest Officer of tbe area. (3) No person shall II anspor t timber 'J( ~lIlY species specified ill a notification made under paragraph (1) of l:lis regulation [rom an area other than an area specified in such notification into or through all area specified in such notification without a permit issued by a forest officer .not below the rank of Range Forest: C:licl'l'. Assist ant Government Agent or Divisional l:c\-enu[~ Officer or cmployco of the State Timber Corporation stationed wit hin the first-mentioned area. G. Every permit issued under the preceding regula t.ons shall be in such form as mny be approved for the purpose by the Conservator of Forests or the Chairman. State Tirnbor Corporation. . i.:. ..!i.o p~XI~iL~'-E1IJ J)~.issuc~I.-, (n ) for the transport of timber until each tree has been felled and logged for thai: purpose; or (b) for the transport of any major forest produce other than timber until such produce has been made up into bundles or packages ready for transport. 3. It shall be the duty of the holder of a permit for the transport of major forest produce, to produce such ;)er!l1it}or. inspection and ~ndors~menron·aei1'l<.lnd-b)' 2iil/ forest' -officer:- police officer, or' clriployee "of the State Tlrnber Corporation, except a Depot Officer- and to give ~11 such information concerning such major forest produce or timber as is within his knowledge whenever called upon so to do. GAl\lI:"[ D[5SAI' A \' AKf., Minister of Lands and Land Development. Colombo, 7th November, 1979. Ru;uLATIo='iS I. (l) These regulations may be cited as tile Forest Regulations, No.2 of 19i9. (2) Thes~,.!:~gulations ~hal~ apply ~n re!~.tion. ,to the Tr:msit of Forest' produce. 2. (]) Save as pro';idcd by rules mad e under sedio!~. 9. (1) yn:ere any permit iS5.lleu fQ£ the transport of ')0 of the Ordin:!nce, no person shall tr"nspoJ:,t or cause ~ pI ivate timber lrom an)~.E~1 ll:'iS expired befOre such to be transported any foresL2I.oduc:: f.I'Qm a~.-State timl)cf n;'i~oeei-l-soTrilllW.Ql"led,the transport 01 such land in any part ofSrl Lanka except under the autho- llm6er shall not be commenced or CO!1.!i!1ued untIl.lb.e. r ity of a permit issued in t~at ~half by a .~or~~t officer 0\\;iIT;F01'Offier pez:son for the time being in charge of or employee of the State Tl~er CorpQr~.4on orOfller- the timber h:3s obtained an extension of the time allowed wise than in accordance with the conditions of such m the permit. permit. (Il' ... ,d~:. '" :.~ '1.:" ....:-, '"'I.~;.~!~ prcvJSJont; of n~!<.: rCg~i-'i~iVU Sh~Ul f.~Pi-il.' ttJ ~~.~ ~i. ..d.~purt .f1'o:n allY ::;:'1:~ land situated within an ar.ea specified 10 a'.lY noli~ca­ lion under regulation 5, of timber of any species specified in that notification. 3 No forest produce shall be exported from Sri La~ka except from ports which h~ve been proclaimed as such under the Ordinance relating to the regulation of Customs in Sri Lanka and from such port, outbay, or shipping depots, establi~hed fo' "e shipping and export of timber, or otherwise tha cordance WIth A4-A45851-'i9/11 TilE FOREST O.RDINANCr: REGULATIONS made by the Minister of Lands ;::1<1 Land Development by virtue of the powers ve~ted in him by section 24(I) of the Forest Ordinance (Chapter 45I), as affieilaed by Act No. 13 of 1966 and Act No, 5<1 of 1970. G A 1(;,::;))0(..): (1) ",;5~"":--'0 (~C:;':ll ~~):;;,)::..-jB:::l c:.~)1.!C:h~ ~:;;)j;.!..:;cJ '1::1 U':;00 ")l~O c.;9~-- I~J'!J.l:!.::G 1'.":C I: Si:c. (I)-G.\ZETTE EXTIUOH.DIXAP.Y OF THE DE~lOCHATlCSOCL\LlSl' REPUeLIC OF :-;IU L.\X 1\ .\-1 'Ji~. 12. 2t -. II. The Divisional Forest Oflice r of any Division or the Government Agent of any Administrative District l11<Jy nominate any place within his Division or District, as the case may be, where any major forest produce, seized in transit, may be brought pending the order of a Magistrate as to the final disposal of such produce, or may, in his discretion, direct that such produce shall be in charge of the officer seizing it or any other officer. 12. (1) The Conservator of Forests may with con currence of the Government Agent of any Adrnirtistra 11\'C District establish or nominate checking stations on any roads or rivers in that District and for that pur pose may cause to be constructed booms, chains, toll bars, or any other device. (2) Where any boom, chain, toll-bar or similar de vic ~ has been constructed under paragraph (1), the fact 0: such construction sha il :;e notified in the Gazette for general information. 13. It shall be the duty of every person having charge cf timber or major forest produce in transit to stop a; each checking station on his route and surrender his permit to the officer in charge of such station,. and that officer shall. a Iter checking such timber or major forest produce, give in lieu .of.the permit so surrendered, a checking station permit, 1Il such form as may be appro ved for the purpose by the Conserva v-r of 1~(-,:"- :~'; ,!!;C! signed by himself, to authorise th -" .: :,:::',:":: uf t):o: timber or major forest produce beyond his checking station. , 14. The Conservator of Forests 01' <illy otliccr aut ho , i riscd by him for the purpose may authorise the officer I in charge of any checking station to do all such ads i as may be necessary for the due enforcement of the I Provisions of the Ordinance and of these regulations and to accept any moneys which may be due to the State in respect of any major forest produce brought to such. checking station. 15. (1) Any timber, which is the property of the State, may be transported "cross aI:y land and ;;11 ;'('\5 necessary for such transport may be doric tinder the written authority of the Government Agent or any other forest officer duly authorised in t hat behalf. (2) Where any damage is clone to pri vatc propcrtv bv r casou of the transport of t imbe r, which is the pro pertv of the State, compensation shall be paid to the owner of such property upon assessment of such damage bv a Divisional Revenue Officer, or any other officer duly authorised thereto in writing by the Government Agent. (3) No person shall obstruct or otherwise interfere with the transport of such t imber across any land if the transport is being done by or under the authority of an officer authorised to do such transport. lG. ~rson who is not duly authorised III wr it i ng shall III any\vay close up or obstruct, 01" do any act tending foclose up or obstruct the channel of JlI1:>:.i"iy'er, stream or waterway used for the transit of timber. . . 17. No person in charge oi any ;o!'(>st produce i n transit on any river, stream. or waterway shall permit such forest produce to float or to be floated in such manner as to cause any damage to any bridge, lock, causeway, or other public works or to the banks of such river, stream, 01' waterway. 13. Any police officer, forest officer or employee of the State Timber Corporation may seize and detain any forest produce, together with any boat, or raft, used in ::".' transport of such produce, which is or which may have been floated in contravention of regulation 17 and shall report such seizure or detention to his superior officer or to the Divisional Forest Officer in whose Division such produce has been seized or detained. 19. AnY .DQlice offil:.eJ'... f~~el1,L.Qfficer .or employ.ee q,t the S1ate..-'IiniQ~.C<?~p<>r!ltlOnJ11a~eyg[1JQr."rernQYf any obstrl1~!lon. Ql~el·than a barne.L~~.t ~p by a duJy authorised officer, m the channel.oJ any river, st~('am, o,. \\'.a terway used Lor the transit of timber and the cost of any such rernova I may be recovered from the person or persons, or by the sale of any -timber, causing such obstruction. 20. (1) No person shc ll, except on the authority o I a permit issued in that behalf est ablish a saw pit or a saw mill within any forest. (2) Every permit issued under paragraph (l) shall be in such form as may be approved for the purpose by the Conservator of Forests. 21. (I) No person, other than a Iorest officer or a person entitled to. use a duly registered property mark, ~h<111 mark any timber or possess or carry anv imple ments for marking timber, . (2) No person, other t han a forest officer duly em powered in .that behalf, shall superrnark or alter O[ efface any mark on any timber. ,22. ~ny person duly authorised t(. cut or tral~ll..ou 1~lnb~. fro:lI a Slale .forest or any DurclJ;,s"," Q{ Stilt~' t!lnuer may he rcqllJrcd to m;Jrk his tjmb~r with .a, speCIal mar~ side b~'-;Sidc.\"ith the Government propgrt.v n~ilrk and Side by siue With the GovernmenL:!a.1c-.lllark. 23. (I) :Ut p!'.o.,pc..rtYJl1arks.shall hfU:~1.cl:c.:LaL.il:,", r: ~ r. . ~ .. .. ~- . .. . . '. , (2) No po rson shall register a mark <,Iready rq~jst(:red In favour o! another person, or any murk used by Govcrnrncnt. . (3) A fcc of iivc rupees shall be payab lc to t h« Government for the r cg iatrctiou of each propcrl y mnrk. (·1) Eve ry ~uchLreglstrationshall be valid for a IJ<:I'iod uf one year from tile dale of reglStratlon. (5) A certificate, showing lTie'ma~gi"tercd and the date of its registra.tion and acknowledgtn.r payment of the fee, shall be grvcn to every person rcg istcring hi.s .mark, by the ,Fo.'est Officer in charge of the Forcsj DIV1SI0:1 J1l which such mark is rcg istcrcd. , (6) "Property Mark" ill these r'.'glllatirJ!:s ciocs not Include a property mark registered under the rcr.ula t.ons rc!al!nG to the rc;:istration of t i mbc r c1cpots~ • 24.. Any person who holds a v alid ccr tifica to of regis tr at ion of a property mark may, for the period for which the rcglstratlon is valid possess «nd use stamping hammers bearing the mark rcgistorod in his name. ,23. Every permit issued under the preceding provr sions of these regulations shall be subject to such condi t ions as may be specified in .such permit and any infringemcnt of any such condition shall be deemed to be an offence punishable under ~CCt:O!l 25 of the Ordinance. 26. The r('guJatiO!l, published in Gazette E.l'tu, ordillal'y No, 14,71017 (If August 29, 1!!G6, as sub sequcnt lv i1!11~':Hl~:d ,11'(' hereby rcsci nded . 2';. 1:1 these reg ul..t ions. unlc.» t h-: context o t hcrwisn requires-s .. Depot Ofilccr " means a Depot Officer of Grades I, II and III of the State Timber Corporation, "employee of the State Timber Corporation" means Chairman, Working Director, General Manager, Operations Manager, Deputy Opcrat ions Mana ger, the Rcgionul Manager of the odrninistra live region, the Assistant R2~ion31 Manager of the administrat ive sub-rcgiou, a Coupe Officer, or a Depot Officer; " firewood" means timber not exceeding 3 feet in length and not exceeding 18 inches in girth at either end, of any species except those set out in Schedules I and II of the Forest Ordinance but excluding the branch wood of such species confor:"inR to the nbove specifications; ..... I' ~ r.-. l~ ~ L I G:::llUQ: (1) ";'(!~~-8 Co:J)J 9un:)J::i1~~ Q~J~,",JC; "-Z'l6<£ed at} De~<:l (.'),e.:;O ':::;"'~ l(l-(l 1<) <)G ~ • ~ '=' "Iii . ... . ) I A I' . ft T I· SI::c.(I)-GAZETTE EXTRAORDIN~\.RYOF THB DE:-.roCRAl'IC SOCIALIST RErUBLIC OF SRI L \1"Tl- \. I ~. . l·'~~~l~ "Government Agent" with reference to an Adminis . trative District includes an Additional Govern ment Agent, Assistant Government Agent or Divisional Revenue Officer of such Administra tive District; .. major forest produce" means timber arid firewood, root of trees, charcoal, tusks, shed horns, seeds of nux vomica, and the barks of cassia (rana wara or avararn) and Rhizohora (kadcl) .. minor forest produce" means all forest produce other than" major forest produce" ; " Ordinance" l11e:1I15 the Forest Ordinance; and .. ue rrnit " includes cash sale invoice. advice note of . despatch, transfer note or credit sale invoice issued by an employee or an authorized agent of the State Timber Corporation. "forest produce" means major and minor forest produce. 12-~03!3