Section 37
Removal of forest produce
―(1) Subject to any conditions imposed in writing by the
Director or any forest officer authorized by him under section 36, any member of the native community may remove, free of royalty or fee, any forest produce for his own use and not for sale, barter or profit.
(2)
No other person shall remove any forest produce from a communal forest for any purpose whatsoever.
(3)
A member of the native community shall be presumed to be taking forest produce for sale, barter or profit unless he can prove to the satisfaction of the court or the Director or any officer authorized by him to investigate an offence under section 81, that he requires the forest produce as firewood or for the construction, repair or extension of his dwelling house or for the making of any boat, furniture or any other household goods or utensils for the use of himself or his immediate family, and that the forest produce was taken by himself or a member of his family.
(4)
Any person who contravenes subsection (1) or (2) shall, upon conviction, be punished with a fine of not less than five thousand ringgit and not exceeding fifty thousand ringgit or imprisonment for a term not exceeding two years or both, and for a subsequent offence, shall be punished with a fine of not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding five years or to both.
(5)
When a person is convicted of an offence under this section, the court shall, in addition to any penalty which it may impose, order such person to pay to the Government a sum of not less than ten times the value (as assessed by the Director or any forest officer authorized by him) of the forest produce in respect of which the offence has been committed, and any sum ordered to be so paid shall be recoverable by the Government as a civil debt.
28 CAP.