Maharashtra Minor Forest Produce (Regulation of Trade) Act, 1969 (Act No. 57 of 1969)

4. Appointm ent of agents. S. Restricti on on purchase or lrnusport of minor forest produce .

6. Constitu tion of Advisory Committee. • • ' 7. State"'Govemment to fix price in consultat ion with Committee. S. Openini of depots and publication of price list etc., at depot.

9. State Governm ent or agent to purchase minor forest produce. • . 10. Registration. . .

11. Regii.tration of manufac turers of Jinis.hed goods using minor forest produce and exporters of minor forest produce. 12• Disposal of minor forest produce. • 13. Delegation of p()wers. • 14. Power of entry, search, seizure, etc. • .

15. Penalty.

16. Attempts and abetmen t. 17• Cognizance of •offences. • •

18. Savings in respect of acts done in good faith. • •

19. Power to make rules. • covered.

20. Act XVI of 1927 not to apply to minor f&rcst produce for purposes under this Act. ' . .

21. Removal of difficulties.

22. Repcil and saving. • • • • •• • I • • • •. ."' • 8453 J • . • • • • MAHARASHTRA ACT No. LVIl O:F 19691 I . • . • • • (THE MAHARASHTRA MINOR FOB.EST PB.ODUCE.(REOULATION OF TRADE) ACT, 1969.) · • ·. . . [26th December 1969] I •. •. An Ast to make provision for regulaing in the public intere st the trade of certain • minor forest produce by creation of a State mopop oly in such trade in the • State of Maharashtra. • • ating in the publi c WHE REAS , it is exped ient to provide for regul by creation of a State • intere st the trade of certai n mino r forest produ ce ra; and for mat'ters . •• monopoly in such trade ·in the State of Maha rasht • Twen tieth Year of the • ••• connected th~ ith ; It ia hereb y enact ed in the .- •• • • Republic of India as follows: -

1. ( 1) This Aot may be called the Maha rashtr (Regulation of Trade ) Act, 1969. a Minor Forest Produce Short tide, a. • =~ :,-:itft:!n. (2) It extends to the whole of the State of Maharashtr and ori such date• or (3) It shall come into force in such area or areas. • 1 dates as the State Gove rnmen t may, by notification in the Official Glfzette, specify. specified in the (4) It shall apply in respect of the mino r forest produce • Schedule. • Definitio..._ . 2. In this Act, unless the conte xt otherwise requi res:- • (a) "agen t " means an agent appoi nted under section 4 Mall. ; XLI 1966; of

1966. (b) "Cod e" mean s the Maha rasht ra Land Revenue Code, const ituted under (c) "Com mitte e" mean s an Advisory Comm ittee • sub-section ( 1) of section 6 ; (d) "grow er of mino r forest produce " mean s: - • • as may, from (1) in respect of mino r forest produ ce grown in areas the: forests under time to time, be censt ituted , as reserved or prote cted India n Fores t Act, 1927, the State Gove rnme nt; and XVI • • of respec t of mino r forest produ ce grown in areas not covered by 1927, (ii) in • sub-clause (s)- • ce is (a) the State Government, where the mino r forest produ 2 of d in clause • ( 41) of sectio n grown on unoccupied land as define • • the Code; the hol.1iing • (b) the occupant or a tenan t or a Govemmeflt lessee of on which the or a superior bolder, as the case may be, in a unit and includ es every perso n who, from • mino r forest produ ce grows ; him ; time to time, claims title to such produce thron gh 'For Statement of Object s and Reasons, see Mahar ashtra Government Gq?ette, 1969, • Part V, Extra, page 557, Miiharashtra (vtd, G,N., R, and P,D, • • 27th day of December 1969, in the whole of the State of . 27th l>foom bor !'69,) • No. MFP. 2169/2 21968-U, dated • •• • • \ • • 8454 • Malraras. tra Minor Forest /'rodUCf! (Regulation of [1%9: Mu. LVll •• • Trade) Act, 1969. • • \ (e) " minor fo st produc e" means any forest produce as• defined in • • • clause (a):and cl use (b) (1) and (ii) of aub-scctiion (4) of section • Indian Forest 2 of the , 19'2'7 ( excluding timber, trees and charcoal. but XVI • • • includ ing ham s) as may be specified in the Schedu le; and the State ~ 27. • ' • • • Govern ment ma ' from time to time by notificatiOJ! in the Gazette, add to or modify the Schedule, afttr considering the aeccssi in the public in rest of regulating the trade of any minor forest duce ; and the p ovisions of sub-section (3) of section 19 in so far Otficial ty . pro- • as they • relate to laying ore, and modification by, the State Legislature shall apply in rclatlo to such notification as they apply in relatio n to any • rule made under that section ; • • -. (/) " specified a ea " means the area specified in the notification • • sub-section (3) of section I ; • " · eludes -. (.g) " tenant and under (1) .a tmaat ••defined in sult-uction (~} of section 2 of t:be Code, .. •• •• • • • • • (it) a tenant defined in- (a) the ltomb y Tenancy and A~icu ltural Lands Act, relation to the ombay area of the State of Mahar ashtra ; • (b) the Hyd abad Tenan cy and Agricu ltural Lands Act, 1950, 1948, in Dom. LXVJJ of 1948. ' in Hyd. • relation to the Hyder abad area of the State of Mahar ashtr~ ; Act. • Xl of (c) the Bomb y Tenan cy and Agricu ltural Lands (Vidarbha Region) 19SO. "Bom. Act, 1958, in lation to the Vidarb ha region of the State of Maha- ~CIX rash tra ; 1958. (h) "unit" me s a sub-division of a specified area constit uted into a • llllit under section 3 ; (,) words and e pression& • • Government lessee ", " holdin g ", "occu- H pant " and " supc ior holder " shall have the meanings, respect ively, assigned to them n the Code ; •• ' (1) words and e pressions used but not defined in this Act, and defined XVI in tbe Indian For st Act, 1927, shall hne the meanings, r5=spec assigned to them · that Act. tively, ,i21. • ?r:~!:1.;. 3..• The State Go ernme nt may divide every specified area into such • ~umbe r of units as i may deem fit in respect of each minor forest produce. Appoint- · · 4. (1) The State ....... ment of vernment may, for the purpose of purchase of, and • tratle in any minor f rest produce on its behalf, appoint agents different units, and ny such agent may be appointed in respect in respect of of more than one y.nit. (2) The terms, cond'ii ons and the procedure for appoin tment • of agents tlall :W 11i..,.a illi1 ma be pie1c1ibcd. • • • • •• I • . . Maharashtra Jfinor Forut ~ (Regulation of • • • • . •· J9',j: Ma. LVD] . Trade) A.et, 196~.

5. (J) On the issue of a notffication under ~ub,scotion (3) of section 1 In• • lleluictien • ••• any area, 11'0 person other than,- :=i= • of minor (a) the State Govem ment ; rorea, . •. (b) an officer of the State Govern ment authori sed in writing •in that preduc:e: I .. ~ bebalf; or • agent in respect of the unit in which the minor forest produce • • .. ~-. • (c) an has grown; shall purchase or transport the minor forest produce to which this Act . applies. Explana,ion I.-Purc hasc of minor forest produce from the State Co,,. • • .- be • • •• • ernmcn t, or the aforesaid GOYernmcnt "Officer, · or agent. shall not of the provisioPa of this Act• •• • deemed to be a purchase in contrav ention • Explana,ion 11.-A person having no interest in the boldin i who hu , acquired the right to collect any minor forest produce grown on tucb • holding shall be deemed to have purchali:d such pfOduce in contraventi• • of the provisions of this Act. • • (2) Notwithstanding anything contained in sub-section (J),- (a) a grower of any minor forest produce may transport such produce belonging to him from any place within the unit wherein such produce h:is grown, to any other place in that unit ; and • (b) minor forest produce purchased from the State Government or. any . officer or agent specified in the said sub-section by any person for manu- facture of finished goods using such produce within the State or by any person for sale outside the State may be transpo rted by such person out. side the unit in accordance with the terms and conditions of a permit. to be issued in that behalf by such authori ty and in such manner as may • be prescribed. (3) Any person dcsirihg to sell minor forest produce may sell it to the • situated within the • aforesaid Government Officer- or agent at any depot said unit. Constituuon · 6. (J) The State Government shall, for each year commencing on the on the 30th day of June next followin g, consti- of Ad~ry 1st day of July an<l ending • minor forest produce , an Adviso ry Commi ttee for Cemm,u ee. tute, in respect of _each of • one or more Revenue Commissioners' divisions in the State consisting may be notified by ihe State Govern ment . not more than ni,ne members as from time to time for the purpose of advising the State Govern ment r!l t1'te • of a fair and reasona ble price • at matter of fixation, from time to time, ed by the State Govern ment or its. which such produce may be purchas offered for sale in such division or division s • authorised officer or agent, as is in accordance with. the provisions of this Act: Provide d that, two of the members shall· be from amongst the. traders of • the respective minor forest produce; or manufacturers of finished goods • using such produce ; and four members shall be from amongst the growers . • . of the respective minor forest produce other than the State Government • •• • • \ • • 8456 • \• (2) It.shall • ntra Minor Forest Prod,lce (Regulation of • Trade) Act, 19® [1969: Mah. LVll .. also , .the duty of the Committee · to. advise the• Sta1e Gov- • ~ on such ~ther matters as may be referred • Government. , to it by. the State • • • • •. (l) The business of the Committee shalI be conducted in such manner as ' may be· prescribed. • • • (4) The IQCJilbers of the Committee shall be entitled to such aH"wances .• .• • as may be prescri • Provided that, a member of the State Legislature, while holding the • - office of member the Committee shall not be entitled to receive any ,.illqwances other tllan travelling allowance, daily allowance or such other • • • allowance which is \paid to the holtter of such office for the purpose of -. meeting the persp~l expenditure incurred in attending the meeting of the •••• • • • Comnµttee or in ptrformin g any other functiol)S as holder of such office. (s) 'The 6>mnµtt4e shall tender its advice to the State Government within such pen.t,d as the I State Government may, for each Committee, specify in this ~;Of. • I • • •• 8tat.e • 7. The State Government shall, after consultati ' on with the Committee, ~;::it constituted under Sfction 6 in respect of any partkul.ar ~=ee. ~ ~- minor forest pro- duce, fixi the price ~t which such produce shall be purchased by it or by any of its authori$ed officer or agent1 from growers of that produce and shall publah the ~ in the Official Gazette and in such other manner as .may be prescri~d not later l)ian the 31st day of December; and the • price so fixeg shall not be altered during the year to which the price relates: · Pnivided that, if the Committee fails to tender advice within the period specified under sub-l!CCtion (s) of section 6 (or such further period not exceeding fifteen day11 as the State Government may allow), the State Government • may proceed to fix ~c price without consultation with the Committee : 1 Provided furtherfhat, different prices may be· fixed for different units, • • • and in so doing re . d shall be bad amongst other things, to- (a) prices of th respective minor forest produce . obtained or fixed under this Act, or any enactment during the preceding three years m respect of the are~ comprised in the unit ; • • • (b) the quality pf the minor forest produce grown in the unit ; (c) transport fa~ilities available in the unit ; • '(d) the cost of transport ; and • • •(e) the general lrvel of wages for unskilled_ labour prevalent in the unit. Oprning of 8. There shall bel set up in each unit such number of depots, and at 0 depots an4 publication· su ch places, as the State Government may, taking into consideration tne of price list, convenience of the growers of the respective minor forest proc1uce, direct; etc., at depot. and a price list of ~.uch ·produce fixed by the State Governrm:nt u:aaer section 7 and the npurs of business shaH be prominenuy ctispiayed on a • uutice boaxd i.:ept io~ the purf'U,e at every sucu aepot. • I • • • •• I • ' . .. 1!10 : Mah. LVD] Maharashtra Minnr Forest Produce (.R,,platidh dj Trl1.de) Act, 1969 8457 • • • • • .• • 9. (/) '\'he State Gov,FmiDent or its authorised officer or .agent shall bound to purchase at the price _fixed under ·section ? offered for sale at the depot dunng the hours of busmcss: 'fe a: 't::,.e minor forest produce er !:::eo- ; ... •. Provided that, it shall be open to the Stato Government or the authorised Preciue_e. · officer or the agent to refuse to purchase any minor forest :1m1duce "'.bich I • in theit opinion is not fit for the purpose 9f manufacture of fimshed • goods using such :--roduce, or for any other commer~ial purpose. • • (2) Any person aggrieved by the refusal to purchase minor forest" produce - •· by an authorised officer or agent under the. proviso to ~ub-~~i?n (,), ~Y• within fifteen days therefrom, refer the matter to the Div1S1onal Forest • .- • Officer, or such other officer· who may be empo.wered by the State Govern• • ••• • •• • • ment in this behalf, having jurisdiction over the unit in which the minor forest produce bas grown. • , • (3) On receipt of a complaint under sub-section (2). the Divisiooal Forest Officer .or nch other officer, a1 the ca1e may be, shall bold aa mquky oa the spot or at the headquarters, in the prescribed manner ; the parties. co■ccmc4 or their authorised agent shall pan may d«m it ; and in case he finds the refusal to purcna,e produce to 'be iaproper, he may,- ana such the after hearing order1 as he minor forest .. • (•) if he c:_oasiden the minor forcat produce in 111uesrion ,till 1uitablc fer the manaiacture .if. finished goode, or for any other commercial purpeee , direct the authorieed officer or agent, as the case may be, to purchase tloie • nme, anti may also award to the person aggrieved such further cc,mpcnsa- rion not exceeding twenty per ccntum of the price of the minor ~rat produce payable 10 him, as be may deem fit ; (b) if be comiders that the minor forett produce ut '!uestion has suice • become 1U11uitable for mauwfacture of finished goods er for uy other commercial purpoee, dircct the paymeni to the persow aggrieved of any • . amount not les, than the price of such minor forest eroducc payable 10 . him under 111b-secrion (r) and such further compeasaiioJl not exceedi■g twaaty per centum of such price as be may deein fit by way of aamages. • foe the loSi suffered by such pcrso11. • ( 4) Nothing in tbu se<.iion shall be construed as to debar the appn>priatien of any minor forat produce offered for sale, if the State Government or ils authoria officer or tht! agent has reason to believe.· that such protluce ;rppemim to fore« or lande belonging to the State Government and payin1 • enly mch celltttien diarges, if any, as the State Government may from time IO time aeterminc: . •. • • Pro,-Mlcd that, in the case of any diapute, the Divisional Forest Officer or s11ch other officer who may ec specifically empowered in this behalf as specified in su!»cction (.2), shall hear and di~pase of the ~ame in die manner • provided therein. · • • • •• • • \ • • 8458 • Jl. mi;Jra Mjnor Fond.Produte (kgd/at lon .[J.9(W: Mo. I.VD •• • • of Trade) Act, 1969 \ (s) Any person ggrieved bY. the decision of ·an, officer refe~ed to in the • • • · ,proviso to sub--secttion ( 4) may, within a period of thirty days from the of receipt of such ecision, prefer ah appeal to the State Government ; and date • • \ the deci,ion of the tc Govequnent on such appeal shall be final. • Re~o n. 10. Every grow of minor forest prod1lce other thu the State IJoyem .• . ment shall, if the wmrity ef such produce grown by him during a year - ~ .. • likely to exceed eh quantit y u may be pretcribed, get himleli reptere in the prescribed er. is d • .··r lleptnati on ofmanuf ac- JI. (J) Every ufacture of finished goods using minor . forest produce, • • etuterso f • and every cxporte of minor forest produce shall get himself registered finiahed within such period on paymen t o1 su..h ftt, and in such manner , as may • • aoc,dau.u,g be ••• •• prescribed. - ~form produce and (2) Everf such er and exporter registered under sub-,;ection ( 1) • • _.,,..o f iiiimiiforcst aball furnish a dee in such fcrm, by such date, and in .such mannc:t; prbdip. a may lte pracri • ~ 12. Any minor orest produce purchased by the State Government or by - its officer or agent, under this Act, •S~ be sold or otherwise di,po,ed of in ( pioduu. such manner u th State Government may direct. D!lcllation vernme nt may, by order, in the Official Gazette delegate o(powen . any of its" powers functions under this Act or the rules !llade therew idu ro -any officer or a thority not below the rank of an As,ista nt Consen-ator • of Forests who sha cxerci1e or perform the •me, subject to tuch conditio ns an~ restrictions as he State Government may spec.ify in the orde.r. Power of 14. tl) Any poli c officer not below the rank of a Sub-Inspector or any ..._.,,,leall:h, other person auth rised by the State Govern ment -.re, -. ~nng may, with a view to · compIianc wit · h the prov1S1o . . ns of t h"1s A et or t h e rule& mad e th under 01 to aaris ·ng himself that the said provisions have bem complie ere- • d \Vith- • (s) step and s eh any person, boat, vehicle or receptacle U$Cd or iuttad- ed to be wed for the transport of a minor' fore$t produce ; •• (ilj enter and arch any place ; (iis) seize· mino forest produce in resp::-ct of whkh• he suspects that any provision of this et, or the rules made thereun der has been, is being or • • is about to be c ntravened along with· the receptacle containing such pioduce or the v hides or boats used in carrying such produce. • a) The provisio11 of sections 102 and 103 of the Code of Ctiminal PrOQC- yet dure, 1898, relating to search and seizure ~hall, so far as may. be, apply to 1891 • searches and s.:izur under this section . IS. If any per, · contravenes any of the provisions of this Act or the rules made thereun et:- (a) he shall be punished with imprisonment which may extend to one • year or with fine hich may extend to one thousand rupees, or with both ; • I • • • •• • • • • •. . - :Jllifl. P11J ""6rud1-J:iilo,,l'OfM.Pl.aJ111r (.Na ft Ff ! W • of fwu,) A.et, 1969 • • ••• • (I,} dae ~or forest produce in rnpcct ef. which111G. .,.._,.,_ .t!-. . lawn inadt:. or sv.ch pan thc:Hof as the Cowt may deeai it th.ll be forftilled to die State Government : • • . Pro'fided that, if the Comt is of rhe-opihion that it ia not: llc:coHal)' to I ,·. .. •. ~- • direct forfeiture in reapect of the whole, or aa the cue may 1,e, any part of tile .minor foreet produce:, it may, for m110D1 to be recorded, refrain from doing. ao. • • • - • • ••• •

16. Any pcnon who attempts to contlffene or abeu the centrateatioa of Atton1p1a any pro'rision of t:.»s Act or the rlllfl RUlde thereunder shall be deemed t9 baYe contrumed auch ·.proYi1ions. · ::!.-t. • • •• • • 17. No Court sbaU take cognizance of any effence puniabable 'lllCier thia eo,,,,.;s-• • Act cxeept on a rrport in writing of the facu constituting such ;ffonce made of.«-. , • l»y -.y Forest Ofic,r Jaot below the rank. of a Divisional Forcet Officer or by :tby 0t1iex· aticer aa mar be a11tburiacd l>y the State Goffl'DJMDt ia tbia Whalf. • • ·

11. (/) Mo suit. proaecutjo.D or other lepl proceedin1s shall lie against S.vinta in any person for anything which is in good ·faith done or intended to be so=:-..:'.. done in pure~ce of this Act or the rules made thereunder. • pod faidl: (2) No suit or odter lepl proceedings mall lie apinst the State: Gov$1D- mcnt for. any dem■I" eauscd or likely to be ea~ or any injury suffered or • likely to be sua.r.. !Yy Yirmc ·of the provisions of this Act, or by anything whidi. i1 ie good failh d.one or .intended to be so done in pursuance or thie Ad, or the rules made thereunda-. . . • 19. (I) 11lo 5'atc GovC$1PMt may make, subject to the condition cl P - te pl'«Yifnll ~ Nia to catty out all or any of the provisions of dm ,_. nalel. • A<t. . (2) IA particuJar and w:itJtout projudicc to .die generality of tile forfl()iag p ~ wch 11.llea may p•ovi.de for all Of aay of the followinr; matters.• • .namely:- . • (a) procedure to· be. fmlowtd in making apPoiiatmmt of ap.111 ; (b) publication of the price liata of minor forest produce• • (c) maaM£ of lloldi&g enquiries llllder thi• Act ; • • (d) tltt authanty by whom, tbe manner in which and the condition, 111bject to which, pe,mits may be icaucd ; • • (•) die RWll.ll.Cr of rcgisuarion under aecdon 10 ; CJ; (•) manner of rcpva&ion, the paiod within which ~uch · regietra- • tion lhaR be made and fee pa:,able thetiefor, under •uh-section (/) cl sectilm 11 ; • • • •• • • • • • Mahar htra Minor Forest Prodtiee (Regulation [1'69:-_M4 LVII '• . ·- • • '!f Trade) Act, /969 • • \ (ii) form of d laration, authority to whom,• date by which • and the • : . . manner in which, the declaration shall be furnished under sub-section (2) • . of section 11 ; · •. \ • (g) ·any other matter whi~h is either expressly or impliedly ttqllired to be prescribed under this Act. • ..• .• • (3) Every rule de under this section shall be laid, as _800D, as may be, • after it is made, fore each House of the State Legislature while it ii in session for a total period of thirty days which may be comprised in one session or in two s ccessive sessions, and if, before the expiry of the le8tiod . ... • • in. which it is so id or the session immediately following, hoth HOllll!i • • agree in making a y modification in the rule or both Houses agree that the •••• • • rule should, not be made, and notify such decision in the Otfu;ial Gazette, • the rule shall, fro the date of publication of such notification, have ·effect only in !ilJCh modi ed form or be of no effect, as the case may be : so how- ever that any JlUCh modification or annulment shall be without prejudice to • •• the validity of any hing previously done or omitted to be done under that rule. Act XV-I of 20. Nothing co tained in the Indian Forest Act, 1927, shall apply to XVI 1917 not to aifply to minor forest produ e in respect of matters for which provisions are con,. of minor forest taiI1ed in this Act. 1927. produce for purp,,ees. covered UGclertbis Act. P.cmovalof 21. If any diffic lty arises in giving effect to the provi11ion~ of this Act diSicultiea. the State Governm nt may, by order, do anything not inconsistent with such provisions, wh eh appears to it to be necessary or expedient for the • purpose of removin the difficu!tv. • • Repeal and 22. (1) The Ma arashtra Minor FoF,,t Produce (Regulation of Trade} Saving. Ordinance, 1969, is hereby repealed. Mah. • • (2) Anything done or any action taken by or under the Ordinance $0 ~ repealed, shall be d emcd to have been done or taken. under this Act as if o1 this Act had come ·nro force on the 22nd day of October 1969. 1969, • SCHEDULE • • • [See section 2 (e).] 0 • l. Tembumi (or tendu) leaves. • • • • • • • ••