(1) The State Government or the authorised officer or agent shall be bound to purchase at the price fixed under section 4 any minor forest produce offered for sale at the purchasing centre or depot during the hours notified for the purpose under sub-section (2) of section 8;
Provided that the State Government or the authorised officer or the agent may refuse to purchase any minor forest produce which, in the opinion of the State Government, authorised officer or, as the case may be, the agent is not fit for the purpose of manufacture of finished goods using such produce, or for any other commercial purpose.
(2) Any person aggrieved by the refusal of the authorised officer or the agent to purchase any minor forest produce may, within fifteen days from the date of such refusal, make a complaint such refusal to such officer superior in rank to the authorised officer, as the State Government may empower in this behalf for the purpose of hearing such complaints.
(3) On receipt of a complaint under sub-section (2), the officer empowered to hear complaints under sub-section (2) (hereinafter referred to as "the competent officer") may, after holding such inquiry as he thinks fit and after hearing the parties concerned, either allow or reject the complaint.
(4) Where the competent officer allows the complaint on the ground that the refusal of the authorised officer or the agent to purchase the minor forest produce was not justified, he may direct the authorised officer or the agent, to purchase the same, and to pay to the aggrieved person such price for the minor forest produce so purchased by him as the aggrieved person would have been entitled to under sub-section(1) had the authorised officer or the agent, as the case may be, not refused to purchase it.
(5) Nothing in this section shall be construed to debar the State Government or the authorised officer or the agent from appropriating to the State Government any minor forest produce offered for sale, if the State Government or the authorised officer or the agent has reason to believe that such produce appertains to forest or land belonging to the State Government and paying to the person so offering such produce for sale only such charges, if any as may have been incurred by such person in collecting such produce, subject to such rules, as the State Government may from time to time make.
(6) Where any person is aggrieved by the appropriation of the minor forest produce to the State Government under sub-section (5) by an authorised officer or an agent, he may make a complaint to the competent officer.
(7) On receipt of a complaint under sub-section (6) the competent officer Setting up purchasing centres and depots.
Purchase of minor forest produce.
[ 1979 : Guj. 7 Gujarat Minor Forest Produce Trade Nationalisation Act, 1979 may, after holding such inquiry as he thinks fit and after hearing the parties concerned, either allow or reject the complaint.
(8) Where the competent officer allows the complaint, he may direct the authorised officer or the agent to make payment to the aggrieved person of an amount not less than the price of such minor forest produce as would have been payable to him under this section at the time when such produce was appropriated to the State Government.
10. Any person including an authorised officer or an agent, aggrieved by the decision of the competent officer under sub-section (3), (4), (7) or (8) of section 9 may, within a period of thirty days, from the date of communication to him of such decision, make an appeal to the State Government and the decision of the State Government on such appeal shall be final and shall not be called in question in any court.
11. Every grower, not being the State Government, who has, during the year immediately preceding the appointed day or the year preceding any subsequent day, grown any minor forest produce exceeding such quantity as may be prescribed shall, within thirty days after such day, on payment of such fees and in such manner as may be prescribed get his name and address registered in a register to be kept by the prescribed officer, together with the particulars regarding the quantity of the minor forest produce grown by him and the land in which such produce is grown during such year.
12. Any minor forest produce purchased by the State Government or by an authorised officer or an agent, under this Act, shall be sold or otherwise disposed of in such manner as the State Government may, by a general or special order, in writing direct.
13. The State Government may, by an order published in the Official Gazette, delegate any of its powers (other than the power to fix the price of minor forest produce under section 4 and the power to make rules under section 20) or functions under this Act or the rules made thereunder to any officer or authority not below the rank of a Range Forest Officer of the State Government or an Assistant Project Manager of the Corporation, who shall exercise or perform the same, subject to such conditions and restrictions as the State Government may specify in the order.