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Section 3: Power of State Government to revise agreements for sale or supply of forest produce

The Karnataka Supply of Forest Produce by Government (Revision of Agreements) Act, 1987State Act of Karnataka · Act 26 of 1989

Notwithstanding anything contained in any law for the time being in force or in any agreement subsisting on the date of commencement of this Act or in any agreement which may be entered into by the State Government with any purchaser on or after the date of commencement of this Act, it shall be lawful for the State Government, by order published in the official Gazette, to add to, substitute, delete, modify, or otherwise amend any of the terms and conditions of any such agreement, for one or more of the following purposes, namely:-

(a) to provide for a revision or a periodical revision of the price of the forest produce agreed to be sold or supplied, where such agreement does not provide for any such revision or periodical revision, as the case may be, and, where such periodical revision is provided in the agreement, to provide for reducing or enhancing the period of revision:

Provided that the price once fixed shall not be liable to be revised by the State Government for a period atleast for twelve months from the date on which such fixation has come into force.

(b) to provide for modifying the quantity of forest produce agreed to be sold or supplied to the purchaser, having regard to the availability of such forest produce;

(c) to provide for modifying, limiting, altering, shifting or cancelling the areas allotted to or permitted to be worked by, the purchaser, having regard to the availability of forest produce or to secure the principles of scientific management of forest based upon the working plan prescription, working schemes or sequences and silvicultural requirements;

(d) to provide for the working of the forest or extraction of trees therefrom by the State Government or a corporation owned or controlled by it, instead of the purchaser or his agent with a view to ensure better working of forest and extraction of trees;

(e) to protect and maintain ecological balance in the State of Karnataka;

(f) to protect and improve the environment and to safeguard the forests and wild life in the State of Karnataka:

Provided that the State Government may, in furtherance of the purposes specified in clauses (e) and (f), cancel or modify any agreement subsisting on the date of commencement of this Act or entered into thereafter, after giving the purchaser a reasonable opportunity to show cause why the agreement should not be cancelled or modified and may pending the showing of such cause, stay the implementation or further implementation of any such agreement.

Where this provision sits

ActThe Karnataka Supply of Forest Produce by Government (Revision of Agreements) Act, 1987
Section3
Marginal notePower of State Government to revise agreements for sale or supply of forest produce
JurisdictionState of Karnataka
StatusIn force as published by the source

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