Sri Lanka Consolidated Acts

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Fauna and Flora Protection (Amendment) Act (No. 1 of 1970) - Sect 29

Insertion of new sections 67a, 67b, 67o, 67d, 67e and 67f in the principal enactment

29, The following new sections are hereby inserted In Part VI immediately after section 67, and shall have effect as sections 67A, 67B, 67C, 67D, 67E and 67F, of the principal enactment:
67A. Where any offence under this Ordinance is committed by any person in any part of the territorial waters of Ceylon, the Magistrate's Court having jurisdiction-
(a) over the part of the coast nearest to which the offence was committed; or
(b) over the place at which the person came ashore after the commission of the offence,
67B.
(1) Notwithstanding anything to the contrary in the First Schedule to the Criminal Procedure Code, every offence under this Ordinance shall be a cognizable offence and a bailable offence within the meaning of that Code.
(2) The Director and every prescribed officer shall have the power to release any person arrested under this Ordinance on bail or on such person executing a bond with or without sureties.
67C. The Director and every prescribed officer shall be deemed to be a peace officer within the meaning of the Criminal Procedure Code for exercising, for the purposes of this Ordinance, any power conferred on peace officers by that Code.
67D.
(1) The Director and, subject to provisions of sub-section (2), every prescribed officer shall exercise the powers that may be exercised in respect of cognizable offences by an inquirer, or by an officer in charge of a police station, under the provisions of Chapter XII of the Criminal Procedure Code.
(2) The powers .referred to in subsection (1) shall not be exercised by a prescribed officer in any place which is. outside the limits of the area to which he is appointed.
(3) An inquiry under this section shall be held at or in the neighbourhood of the place in which the offence is alleged to have been committed.
67E. The provisions of the Criminal Procedure Code relating to arrests, searches, search warrants, the release of persons arrested on bail or on the execution of bonds, the production of persons arrested, and the investigation of offences shall be held to be applicable to all action taken in these respects under this Ordinance.
67F. Where any person convicted of any offence under section 6 or section 7 in respect of any Crown land continues to be in unlawful or unauthorized possession or occupation of such Crown land or any portion thereof, the district director of the district or area in which such Crown land is situated may issue a notice on such person forthwith to vacate the land of which he is in unlawful or unauthorized possession or occupation and if he fails to do so he may be ejected from the land under the procedure prescribed by sections 120 to 127 (both inclusive) of the Land Development Ordinance as if-
(a) that land were a holding under that Ordinance,
(b) the notice issued under this section were a notice under section 119 of that Ordinance,
(c) the reference in section 124 of that Ordinance to the person whose grant has been cancelled were a reference to the person to whom a notice under this section has been issued, and
(d) the district director of the district or area in which that land is situate were the Government Agent exercising, discharging or performing in respect of a holding any power, duty or function imposed upon or assigned to the Government Agent under that Ordinance.".


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