Sri Lanka Consolidated Acts

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Fauna And Flora Protection (Amendment) Act (No. 49 of 1993) - Sect 56

Replacement of sections 63 and 64 of the principal enactment

56. Sections 63 and 64 of the principal enactment are hereby repealed and the following new sections substituted therefor:
63. It shall be lawful for a Magistrate summarily to try any offence under this Ordinance or under any regulation made thereunder, notwithstanding that the punishment specified for such offence is in excess of the ordinary jurisdiction of such Magistrate.
64.
(1) Except as hereinbefore expressly provided in regard to the disposal of any elephant or of the carcase of any elephant or the tusks or tushes of any elephant, on the conviction of any person for an offence relating to an elephant, any animal or any part of any animal in respect of which any offence has been committed and any gun, vehicle, boat, artificial light, snare, net, trap, or other instrument, contrivance, appliance or thing used in, or for the commission of any offence, shall by reason of that conviction be forfeited to the State.
(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 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 in the State with effect from the date on which such conviction is affirmed on appeal.
(3) In this section "animal'' means any mammal, bird, reptile, amphibian, fish or invertebrate but does not include a domestic animal as defined in section 11.'.


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