Clause 4

by deleting subsection (1) thereof and substituting therefor the following: —“(1) Any person who —

unlawfully enters into possession of any State land, either by residing or by erecting any building or hut thereon or by clearing, enclosing or cultivating any part thereof; or

unlawfully trespasses on State land by depositing, placing or throwing any article or thing whatsoever, or any waste, refuse or other thing, thereon; or

directly or indirectly abets the commission of such an act or trespass by another person,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment, and a District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all proceedings under this subsection and, notwithstanding anything to the contrary contained in the Criminal Procedure Code (Cap. 113), shall have the power to impose the full penalty or punishment provided by this subsection.”; and

by inserting immediately after subsection (2) thereof the following new subsection: —“(3) Where an offence under subsection (1) of this section has been committed by a company or an association or body of persons, corporate or unincorporate, any person who at the time of the commission of the offence was a director, manager, partner, secretary or other officer thereof or was purporting to act in such capacity shall also be deemed to be guilty of such offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.”.