Section 41

An order for the forfeiture of the rubber or the proceeds of sale of the rubber, or the 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 rubber or the proceeds of sale of the rubber, or the 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 rubber or the proceeds of sale of the rubber, or any book, record, document or other article seized under this Act, such rubber or the proceeds of sale of the rubber, or such 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 rubber or the proceeds of sale of the rubber, or such book, record, document or other article was seized indicating that there is no prosecution in respect of such rubber or the proceeds of sale of the rubber, or such 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 such rubber or such proceeds of sale of the rubber, or of such book, record, document or other article referred to in subsection (3) and that such rubber or the proceeds of sale of the rubber, or such book, record, document or other article is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such rubber or the proceeds of sale of the rubber, or such book, record, document or other article is held that he claims the rubber or the proceeds of sale of the rubber, or the book, record, document or other article.

Rubber Industry Smallholders

Development Authority 37

On receipt of the notice referred to in subsection (4), the authorized officer shall refer the claim to a Magistrate of the

First Class for his decision.

The Magistrate to whom a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the rubber or the proceeds of sale of the rubber, or of the book, record, document or other article and the person from whom it was seized to appear before the Magistrate, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

If it is proved that an offence under this Act has been committed and that such rubber or the proceeds of sale of the rubber, or such 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 Magistrate shall order the rubber or the proceeds of sale of the rubber, or such book, record, document or other article to be forfeited, and shall, in the absence of such proof, order its release.

Any rubber or the proceeds of sale of the rubber, or any book, record, document or other article forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the directions of the Magistrate.

The Authority shall not be liable to any person for any deterioration, no matter how arising, in the quality of any rubber seized under this Act.

Property in rubber, etc., forfeited