COMMONWEALTH ACT NO. 447 - AN ACT TO FURTHER AMEND SECTION TWENTY-SEVEN HUNDRED AND FIFTY-ONE OF THE ADMINISTRATIVE CODE, AS AMENDED BY ACT NUMBERED THIRTY-THREE HUNDRED AND FOURTEEN |
Section
1. Section twenty-seven hundred and fifty-one of the Administrative
Code, as amended by Act Numbered Thirty-three hundred and fourteen, is
further amended to read as follows: "Section2751. Unlawful occupation
or destruction of public forest. – Without written permission of the
Director of Forestry or his duly authorized representative, it shall be
unlawful for any person willfully to enter upon any public forest,
proclaimed timberland, communal forest, communal pasture, and forest
reserve and occupy same, or to make caingin therein or in any manner
destroy such forest or part thereof, or to cause any damage to the
timber stand and other forest products and forest growth found therein,
or to assist, aid or abet any other person so to do. It shall also be
unlawful for any person negligently to permit a fire which has been set
upon his own premises to be communicated, with destructive results, to
any of the public forests hereinabove described. Any person violating
this section shall suffer. "(a) If the
offense is committed within a proclaimed timber land or a communal
forest or communal pasture, a fine of three times the regular
government charges upon the timber or other forest products so
unlawfully destroyed, and in addition thereto, imprisonment for not
less than two months or more than four months; "(b) If the offense is committed within a forest reserve, a fine of four times, the regular government charges on the timber or other forest products so unlawfully destroyed, and in addition therein, imprisonment for not less than four months nor more than six months. "(c) If the offense is committed in any of the public forest, other than those mentioned under subsections (a) and (b) hereof, a fine equivalent to twice the regular government charges upon the timber or other forest products so unlawfully destroyed, and in addition thereto, imprisonment for not less than one month nor more than two months. "In all cases falling under this
section, the court shall upon conviction, order the eviction of the
offender from the land, and the forfeiture to the Government of any
construction or improvement made thereon. If the area is reforested or
under reforestation the Government may, in addition to the penalties
herein provided, recover in a separate civil action, double the actual
damages sustained as determined by the value of plantings and
improvements destroyed and the detriment to the land and vegetation
thereof. "No person who has occupied any portion of these forests in good faith for more than five years prior to the approval of this Act shall be subject to the penalty prescribed herein. Should the area so occupied be found to be more fitted for agricultural than for timber purposes, the same may be disposed of in favor of the actual occupant or occupants under the provisions of Commonwealth Act Numbered one hundred and forty-one." Section2. This Act shall take effect on its approval. |