78. In this Ordinance, and in all rules made hereunder, unless there is something repugnant in the subject or context- " cattle " includes elephants, buffaloes, horses, ponies, mules, asses, pigs, sheep, goats, and the young of the same ; " classification mark" means a mark placed on timber to denote its origin, or the agency by which it has been handled, or the value class to which it has been accorded; " forest" means all land at the disposal of the Crown ; " forest offence " means an offence punishable under this Ordinance or any regulation or rule made hereunder;
" forest officer" means all persons appointed by name or as holding an office to be Conservators, deputy conservators, assistant conservators, foresters, forest rangers, forest overseers, forest depot keepers, forest depot overseers, forest guards, or forest watchers, or to discharge any function of a forest officer under this Ordinance or any regulation or rule made hereunder; "forest plantation" means any plantation made in any forest ; " forest produce " includes the following things when found in or brought from a forest, that is to say: -
(a) trees and leaves, flowers and fruits, seeds, roots, juice, timber, charcoal, caoutchouc, catechu, wood oil, resin, natural varnish, bark, lac, gum, and myrobalans, |
|
(b) plants not being trees, including grass, creepers, reeds, and moss, and all parts or produce of such plants, |
|
(c) tusks, horns, shed horns, and edible birds nests, and |
|
(d) peat, surface soil, rocks, and minerals, including limestone, laterite, bitumen, bituminous shale, asphalt, mineral oils, and all products of mines or quarries ; |
| " Government Agent" means Government Agent of the administrative district; " headmen " means all persons holding appointments as territorial headmen,3 excepting headmen appointed for irrigation purposes or for the purposes of the Village Councils Ordinance ; " imprisonment" means either rigorous or simple imprisonment as the court adjudging the same may impose ; " land at the disposal of the Crown " includes-
(a) all forest, waste, chena, uncultivated, or unoccupied land, unless proof is adduced to the satisfaction of the court that some person-
| | (i) has acquired, by some lawful means, a valid title thereto, or | | |
| | (ii) has acquired a right thereto as against the Crown by the issue to him of any certificate of no claim by the Crown under the Crown Lands Encroachments Ordinance or the Definition of Boundaries Ordinance, or | | |
| | (iii) is entitled to possess the same under a written grant or lease made by or on behalf of the British, Dutch, or Ceylon Governments, and duly registered in accordance with law ; | | |
|
|
(b) all lands resumed by the Crown under the provisions of the Land Resumption Ordinance, and all lands which have been declared to be the property of the Crown by any order passed under " The Waste Lands Ordinances, 1897 to 1903 ",*[* Repealed by Ordinance No. 20 of 1931.] the Land Settlement Ordinance, or to which the Crown is otherwise lawfully entitled; |
| "police officer" includes police headmen, police vidanes, and constables ; " property mark " means a mark placed on timber to denote that after all purchase money or royalties due to the Crown shall have been paid the owner of the mark has or will have a right of property in such timber; " reserved forest" means and includes-
(a) a forest and every part of a forest declared to be a reserved forest under the provisions of section 3 of this Ordinance, or the corresponding provisions in any enactment repealed by Ordinance No. 16 of 1907, or in any enactment to be hereafter enacted for the purpose of defining reserved forest, |
|
(b) plantations, forest depots, and chenas planted with forest trees ; |
| " river " includes streams, canals, creeks, reservoirs, tanks, lakes, ponds, and other channels natural or artificial; " timber " includes trees when they have fallen or have been felled, and all wood, whether cut up or fashioned or hollowed out for any purpose or not;
" timber depot" or " timber yard " means a place where timber in quantity exceeding one hundred and fifty cubic feet, is stored-
(a) for the purpose of sale; or |
|
(b) for the purpose of transport; or |
|
(c) for the purpose of being sawn by machinery or otherwise ; or |
|
(d) for the purpose of being subjected to any process of manufacture ; |
| "tree" includes bamboos, stumps, and brushwood, palms, canes, and trees in all stages of their growth. |