Forests and Waste Lands. forest, or the commission of, or intention to commit, any (a) In extinguishing any fire occurring in such forest; (d) When there is reason to believe that any such offence 83 All money, other than fines, payable to the Crown. under this Ordinance, or under any regulation or rule made hereunder, or on account of the price of any timber or forest produce, or of expenses incurred in the execution of this Ordinance in respect of timber or forest produce, shall, if not paid when due, become a debt due to the Crown and be recovered under the provisions contained in the 88th, 89th, 90th, 91st, and 92nd sections of this Ordinance. 84 When any such money is payable for or in respect of any forest produce, the amount thereof shall be deemed to be a first charge on such produce; and such produce may be taken possession of by a forest officer empowered by the government agent in this behalf, and may be retained by him until such amount has been paid. Recovery of money due to the Crown. Lien on forest produce for such money. Power to sell If such amount is not paid when due, such forest officer may sell such produce by public auction, and the proceeds such produce. of the sale shall be applied first in discharging such amount. The surplus (if any), if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to the Crown. 85 The Crown shall not be responsible for any loss or damage which may occur in respect of any timber while at a station established under a regulation made under section 44, or while detained elsewhere for the purposes of this Ordinance, or in respect of any timber collected under section 51; and no forest officer shall be responsible for any such loss or damage unless he causes the same negligently, maliciously, or fraudulently. 86 Repealed by No. 1 of 1892. 87 It shall be lawful for the government agent or assistant government agent or forest officer to sell by public auction any forest produce or property seized under the provisions of this Ordinance, and, except where express provision for the application of the proceeds of sale has been made in this or any other Ordinance, the proceeds of such sale shall be paid into the kachcheri and form part of the public revenue of the colony. The Crown not liable for loss or damage in respect of certain timber. Property seized may be sold. Property of Crown debtors under section 83 may be sold. § 24, 1 of 1892] Overplus to be restored to owner. Certificate of sale of immovable property. Certificate of sale in case of purchase by Crown. Crown may take credit for amount due from defaulter. Regulations and rules to be laid before Legislative Council. Forests and Waste Lands. 88 It shall be lawful for the government agent to seize any property whatsoever belonging to the person by whom any debt is due to the Crown under the provisions of section 83 of this Ordinance, wheresoever the same may be found within the province of such government agent, and if the amount due in respect of such debt and the costs and charges of seizure be not sooner paid or tendered, to sell the property so seized by public auction at any time not less than ten or more than thirty days from the time of such seizure. 89 In the event of a sale of property seized, the government agent at whose instance such seizure was made shall, after deducting the amount due by the debtor and also the costs and charges attending the seizure and sale (which said. costs and charges such government agent is hereby authorized to retain), restore the overplus arising from such sale, if any there be, to the owner of the property sold. 90 If land or other immovable property be sold under the provisions of this Ordinance, a certificate substantially in the form given in schedule C hereto annexed, signed by the government agent, shall vest such property absolutely in the purchaser free from all encumbrances. Such certificate shall be liable to the stamp duty for the time being fixed on conveyances of immovable property and to registration fees, such duty and charges being payable by the purchaser. 91 If the land so sold be purchased by the government agent, who is hereby authorized to bid for and purchase the same on behalf of the Crown, a certificate substantially in the form given in schedule D hereto annexed, signed by the government agent, shall vest the property absolutely in the Crown free from all encumbrances. Provided that such certificate shall not be liable to stamp duty nor other fees. 92 Whenever the Crown purchases any land under the provisions of the last preceding section, the Crown shall not be required to pay the whole of the purchase money of such land, but shall be entitled to take credit for the amount due from the defaulter under this Ordinance. Provided that in the event of the land sold realizing a less sum than the amount due, nothing herein contained shall preclude the Crown from instituting any civil action or process against the defaulter for the recovery of the balance due by him after deducting the purchase money realized by the sale of the land. 93 All regulations and rules under this Ordinance made and approved by the Governor, with the advice of the Executive Council, shall be laid before the Legislative Council within one month of the commencement of the session next after the making of such regulations or approval of such rules, and shall cease to have any force or effect if disapproved by the Council within two months of being so laid on the table. Etheraliya or Palap Konnai or Sarakondai Vatica obscura, Trim. Kurrimia zeylanica, Arn. Galmora (of low Morai or Káddumorai CryptocaryaWightiana, Thw.* country) Galsiyambalá Godakaduru Káddupuli Kánchúrai or Yeddi Halmílla or Halmil- Savandalai ila Heḍawaka Dialium ovoideum, Thw. Palakuna or Sadai- Chatocarpus castanocarpus, Thw. Two other trees are called "Galmora" in the Kandyan and hill districts respectively. 2 E 39-00 Kirikón Púkarunkáli Kúrugkali Botanical Name. Diospyros Thwaitesii, Bedd. Thw. zeylanicus, Chikrassia tabularis, Juss. Perunkasaddai or Mul- Briedelia retusa, Spr. luvénkai Pila ... Malaivémpu Kaddamanakku Iluppai Muruta... Ná ... ... ... Walsura piscidia, Roxb. Dichopsis grandis, Benth. Calophyllum Walkeri, Wight. Eugenia Jambolana, Lam. and V. affinis, Thw. Hopea (?) cordifolia, Trim. Bassia longifolia, L. Nephelium Longana, Camb. Mimusops Elengi, L. Lagerstroemia Flos-Reginæ, Pandikáyán or Ven- Eugenia bracteata, Roxb. [§ 26, 1 of 1892] liya Vadukunarí or Kuna- Vedukkunári ... ... Tamarindus indica, L. Tectona grandis, L. f. Diospyros Embryopteris, Pers. Carallia calycina, Benth. Diospyros ovalifolia, Wight. Mangifera zeylanica, Hk.f. Malai Illuppai or Kád- Bassia fulva, Bedd. mella Walamba or Eṭamba Má Walukína Wanamí diluppai Forests and Waste Lands. SCHEDULE C. (Section 90.) Whereas the sum of rupees provisions of the from said of was due to the Crown under the : And whereas the land the said of which has been duly paid by the said day of 9 for the sum of -: Now Province, know ye that I, his heirs, day of Whereas the sum of rupees was due to the Crown under the provisions of Ordinance No. 10 of 1885 from which said sum has not been paid by the said being the property of the said seized in conformity with the said Ordinance and sold also in conformity and the same was purGovernment Agent, for and on behalf of our which has Sovereign Lady the Queen, for the sum of rupees Given under my hand this 21st February, 1885. day of Government Agent. No. 1 of 1892. An Ordinance to amend "The Forest Ordinance, 1885." HEREAS it is expedient to amend "The Forest Ordinance, WHERE,4h reinafter referred to as " the principal Ordinance; 66 Be it therefore enacted by the Governor of Ceylon, by and with the Preamble. Amendment |