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Section 102

Offences relating to obstruction of road

of Forests Ordinance, 2015

State OrdinanceIn forceProvision 61 of 71
Section 102

―(1) Any person who―

(a)

lays, erects or sets up or causes to be laid, erected or set up any structure, stone, log, tree, or any other article, on rail, canal or road or dig or create a trench or cavity on any road, used or intended to be used for logging or transportation of timber or for the establishment or maintenance of a planted forest so as to cause a barrier or obstruction to the passage of that rail, canal or road; or

(b)

willfully prevents, obstructs or molests any forest officer or police officer or public servant in the execution of his duties or the holder of a licence or his employee or agent from removing the barrier or obstruction or in the exercise of his right within the area covered by the licence, shall be guilty of an offence and shall, upon conviction, be punished with a fine of not less than one thousand ringgit and not exceeding ten thousand ringgit and imprisonment not exceeding two years and, in the case of a continuing offence, shall be punished with a further fine of not less than one hundred ringgit and not exceeding one thousand ringgit in respect of every day during which the offence continues.

(2)

In the prosecution of an offence under paragraph (a) of subsection (1), where it is proved that the person charged was, at the time of his arrest, present at any structure, stone, log, tree or any other article or trench or cavity which had been laid, erected, set up or dug on any road used or intended to be used for logging or transportation of timber or for the establishment or maintenance of a planted forest, it shall be presumed until the contrary is proved, that the person charged had so laid, erected, set up or dug that structure, stone, log, tree or any other article or trench or cavity, as the case may be.

(3)

When there is reason to believe that an offence against subsection (1) has been committed, any forest officer authorized by the Director or any police officer not below the rank of Assistant

Superintendent of Police may in writing require any person whom he has reason to believe to be committing the offence to remove the

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barrier or obstruction and that person shall forthwith comply with such requirement.

(4)

Any person who contravenes subsection (3) shall be guilty of an offence and shall, upon conviction, be punished with a fine of not less than five thousand ringgit and not exceeding fifty thousand ringgit and imprisonment for a term not exceeding two years.

(5)

A person arrested under this section may be detained until his name or address is properly ascertained or until he can furnish security in the form of a bond or in such other form as may be acceptable to the officer arresting him to secure his attendance in court:

Provided that no person so arrested shall be detained longer than is necessary for bringing him before a court of competent jurisdiction, unless an order of such court for his continued detention is obtained.

(6)

Every forest officer in the exercise of the powers conferred under subsections (3) and (4) may call upon any police officer for assistance and it shall be the duty of every such officer to comply with such request.