7. Section 40 of the principal enactment is hereby repealed and the following section Substituted therefor:
| 40.
| | (1) Upon the conviction of any person for a forest of fence
| | | (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, boats, carts, cattle and motor vehicles used in committing such offence (whether such tools, boats, carts, cattle and motor vehicles are owned by such person or not), |
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| | (2) Any property forfeited to the State under subsection (1) shall
| | | (a) if no appeal has been preferred to the Court of Appeal against the relevant conviction, vest absolutely in the State with effect from the date on which the period prescribed for preferring an appeal against such conviction expires; |
| (b) if an appeal has been preferred to the Court of Appeal against the relevant conviction, vest absolutely in the State with effect from the date on which such conviction is affirmed on appeal. |
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Sri Lanka Consolidated Acts