March 2, 1885.] THE TROPICAL AGRICULTURIST. 



665 



FOREST LEGISLATION IN CEYLON. 



The Select Committee of the Ceylon Legislative Coun- 

 cil, on the Forests Ordinance must shortly— on the 12th 

 probably— be bringing their work to light, and, as this 

 measue is one of peculiar interest to absentee colonists 

 and capitalists looking to Ceylon, we may allow a corre- 

 spondent to refer at some length to the subject. There 

 is no doubt that the measure deserves the very careful 

 consideration of planters and merchants, and this 

 is the review of the situation sent to us : — 



"Mr. Vincent's able and, considering his short 

 visit to Ceylon on special duty, wonderfully ex- 

 haustive report has not so far commanded that gen- 

 eral examination nor criticism that it demands in 

 view of the scope of its proposals and the wide 

 acceptance accorded to many of its propositions. 

 The subject of forest conservation and growth is 

 engaging systematic and scientific treatment all over 

 the world, and is growingly recognized by the various 

 Governments as one that can no longer be treated 

 haphazard. In proportion as the conservation of the 

 future as well as the present wellbeing of a community's 

 material wealth — and forest land forms an import- 

 ant portion of its unexpended capital — is appreciated 

 efforts are being made to obtain authoritative data on 

 the subject, and to legislate thereon. All having the 

 interest of Ceylon at heart will welcome any wise 

 attempt to grapple with a question that emin- 

 ently calls for investigation and control on such 

 lines as may ultimately, after careful enquiry, be determ- 

 ined upon. Only good can follow well-considered 

 efforts ; only harm will ensue, and wrong be done, by 

 hasty arbitrary action without sufficient knowledge, 

 roughshod riding to attain a goal that should only be 

 gained by patient, laborious research, and honest 

 straightforward regard for the special and in some 

 respects absolutely uuique requirements in connection 

 with a Forest Ordinance for ' the Eden of the 

 Eastern wave.' You have already published Mr, 

 Vincent's Report, but both the draft Ordinance (clauses 

 83) and Mr. Vincent's report (130 pages) are so long 

 that it is to be feared few have studied them. It 

 is difficult to overestimate their importance if legis- 

 lation ou the subject is to be effective, comprehensive, 

 progressive, not meiely another deaddetter Ordinance 

 placed on record by fitful caprice, irresolute, irre- 

 sponsible statesmanship. 



"It is to be regretted that the Burma Act 

 should have been laid on the Council table almost 

 verbatim, making it appear to thoBe unacquainted with 

 the face that the Governor is responsible for this 

 crude measure, had grasped the subject in a few 

 months, and that the Draft Ordinance is the result 

 of a careful study of the peculiar circumstances and 

 requirements of Ceylon. The principle of the resolu- 

 tion unanimously carried by the Planters' Association 

 should be insisted on in the interests of natives and 

 of Europeans alike. The whole question is so large 

 and eo complicated in Ceylon that it would have re- 

 quired great tact, moderation and calm statesmanship 

 to indicate the Hues upon which legislation should be 

 based — if justice is to be done to the interests involved 

 immediately an Ordinance such as the Draft now being 

 discussed becomes law. 



" The principle of the bill as explained by the Hon. 

 the Acting Colonial Secretary at the first reading is, 

 that when, ' the conditions obtain in different provinces, 

 power is given to Agents to make the rules, but, 

 when the corditions vary, and when the matter is 

 of greater importance, power is given to the Governor 

 to make rules.' The Colonial Secretary further pointed 

 out that the first chapter of the Ordinance related 

 to reserved forests, and that it was somewhat different 

 from our present law, lecauseil gives power to extinguish 

 84 



any private rights which might exist, when tliosc rights 

 will lend to affect the reserve of forest. Power is given 

 to deal specially with the right of way, and with' the 

 right of water-ci urses and pasture. These matters 

 are dealt with in the first instance by Forest Officers 

 from whom an appeal lies to the Government Agent 

 of the Province, and, when all enquiries had been 

 made, report was to he made to the Governor. The 

 next chapter relutei to Village Forests by which is meant 

 forest reserves which are maintained for the benefit of 

 every Village Community or group of Village Commun- 

 ities, and power is given to define what rights thy can de- 

 mand. A careful examination of the Draft Ordinance, 

 however, shows that the explanations afforded by the 

 Colonial Secretary are very superficial and are calc- 

 ulated to divert rather than concentrate attention on 

 a proposed legislative enactment than «hich there are 

 few of greater magnitude in the best interests of 

 Ceylon. The subject is beset with difficulties the 

 more it is examined that can only be satisfactorily 

 overcome in time by great labour, under the direction 

 of special officers, calm judgment, and complete separ- 

 ation at all points of administrative and executive from 

 judicial powers, all- of which will have to be exercised. 

 The principle involved is fundamental, and it is satis- 

 factory to know that Earl Derby has distinctly put bis 

 foot down regarding it. That it is too often practically 

 ignored by the local Government does not lessen its 

 paramount importance, nor absolve our legislators 

 from recognizing it, on any specious plea, really fal- 

 acious. 



SOME IMPORTANT PROVISIONS OF THE DRAFT ORDINANCE. 



1. Its local extent It extends to the whole colony. 



2. Who is a forest officer? All Government Agents 

 and Assistant Government Agents, and persons ap- 

 pointed to discharge any functions of a forest officer 

 under the Ordinance or any rules made thereunder. 



3. Forest produce includes, among a variety of things 

 found in a forest, honey ! &c. 



4. Land at the disposal of the. Crown means land 

 in respect of which no person has acquired the status 

 of a landlord by grant, tease or prescription. Nothing 

 is said about those ancient valuable instruments speci- 

 ally recognised by Government, saunas ! &c, referred 

 to by Mr. Vincent. 



5. Tbe Governor may constitute any land at the 

 disposal of the Crown a reserved forest. 



6. Whenever it is proposed to constitute any 

 loud a reserved forest, there shall be a notification 

 in the Gazette (A) specifying the land, (B) declar- 

 ing that it is proposed to constitute such land is 

 reserved forest, and (C) appointing an officer herein- 

 after called the forest settlement officer to enquire into 

 anel determine the existence, nature anel extent of any 

 rights claimed by or alleged to exist in favor of any person, 

 in or over any land comprized within such limits. The 

 officers appointed under clause (C) of this section shall 

 ordinarily be a Government Agent or Assistant Gov- 

 ernment Agent, or some other person other than a 

 forest officer. 



7. After the notification in the Gazette above- 

 mentioned there shall be a proclamation by the forest 

 settlement officer and among other things (D) fixing 

 a period of not less than three months from the 

 date of publishing such proclamation, and requiring 

 every person claiming any right or making any claim 

 referred to, to present to such officer within such period 

 (viz. three months) a written notice specifying, or to 

 appear before him and to state, the nature of such 

 right or claim. 



8. There next follows a bar of accrual of forest 

 rights, that is, that, during the interval between the 

 publication of the proclamation, and the date fixed 

 by the notification declaring the forest to be reserved, 

 no right shall be acquired in or over the land com- 

 prized in such notification except by a succession or 



