(1) Notwithstanding anything contained in any law for the time being in force or in any settlement, grant, agreement, usage, custom, or any decree or order of a Court or any Tribunal or any document having the force of law, no person other than the State Government, an authorised officer or an agent shall sell, purchase or transport-
(i) with effect on and from the appointed day, any of the minor forest produces specified in sub-clauses (a), (b) and (c) of clause (9) of section 2, and
(ii) with effect on and from the date of publication in the Official Gazette of a notification issued under sub-clause (d) of clause(9) of section 2, the minor forest produce declared as such under such notification.
(2) Subject to the provisions of the Bombay Prohibition Act, 1949, it shall be lawful for-
(a) any person to sell any minor forest produce to, or purchase any minor forest produce from, the State Government, authorised officer or an agent;
(b) a grower to transport any minor forest produce grown by him from any place in a unit where such produce has been grown to a purchasing centre or depot set up in that unit under section 8 or to any other place in that unit;
(c) (i) any person who has purchased any minor forest produce from the State Government, or an authorised officer or an agent, and.
(ii) any person who has purchased any minor forest produce from another person under clause (e).
to transport the same, in accordance with the terms and conditions specified in a permit issued by such authority and in such manner as may be prescribed, for the purpose of being used in the manufacture of finished goods within the State or for the purpose of sale outside the State, or for the purpose of re-sale to the State Government, an authorised officer or an agent;
(d) any person to import any minor forest produce or to transport the minor forest produce so imported, in accordance with the terms and conditions of a permit issued by such authority and in such manner as may be prescribed; and
(e) (i) any person, who has purchased any minor forest produce from the State Government or authorised officer, or an agent to sell such of the minor forest produce, as may be specified by the State Government by general or special order published in the Official Gazette, to any other person ; and XVI of
1927.
Restriction on sale, purchase or transport of minor forest produce.
Bom. XXV of
1949.
1979 : Guj. 7 ] Gujarat Minor Forest Produce Trade Nationalisation Act, 1979 5 of 10
(ii) other person to whom the minor forest produce is so offered for purchase to purchase the same, in accordance with the terms and conditions specified in a permit issued to the seller for the purpose of sale and to the purchaser for the purpose of purchase, by such authority and in such manner as may be prescribed.
Explanation.- For the purpose of this section, a transfer of a right to collect any minor forest produce or an exchange of minor forest produce for some other thing shall be deemed to be a sale, and an acquisition of a right to collect any minor forest produce or an exchange of any thing for some minor forest produce shall be deemed to be a purchase.