Section 26q

An order for the forfeiture of the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document or other article shall be made if it is proved to the satisfaction of the Court that an offence under this Act has been committed and that the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document or other article was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

If there is no prosecution with regard to any timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, such timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment, book, record, document or other article shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment,

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Act 105

book, record, document or other article was seized indicating that there is no prosecution in respect of such timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment, book, record, document or other article unless before the expiration of that period a claim to it is made in the manner set out in subsections (4), (5), (6) and (7).

Any person asserting that he is the owner of the timber or the proceeds of sale of the timber, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the enforcement officer in whose possession such timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document or other article is held that he claims the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document or other article.

On receipt of the notice referred to in subsection (4), the enforcement officer shall refer the matter to the Director General who may direct that the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document or other article be released or may direct the enforcement officer, by information in writing, to refer the matter to a Court.

The Court to whom a matter is referred under subsection (5)

shall issue a summons requiring the Board and the person asserting that he is the owner of the timber or the proceeds of sale of the timber, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article and the person from whom it was seized to appear before the Court, and when a representative of the Board and the owner of the timber appear or any of them fails to appear, due service of the summons having been proved, the Court shall proceed to the examination of the matter.

If it is proved that an offence under this Act has been committed and that the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the Court shall order the timber or the proceeds of sale of the timber, or the conveyance, machinery, contrivance, equipment, book, record, document or other article to be forfeited and shall, in the absence of such proof, order its release.

Malaysian Timber Industry (Incorporation)

Any timber or the proceeds of sale of the timber, or any conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the enforcement officer and shall be disposed of in accordance with the directions of the Court.

The Board shall not be liable to any person for any deterioration, no matter how arising, in the quality of any timber seized under this

Act.

Property right in forfeited timber, etc.