(1). The State Government or its authorised officer or agent-shall be bound to State Government purchase at the price fixed under section 71* forest produce offered for sale at the depot or agent to during the hours of business : purchase * forest produce.
Provided that, it shall be open to the State Government or the authorised officer or the agent to refuse to purchase any forest produce which in their opinion 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 to purchase * forest produce by an authorised officer or agent under the proviso to sub-section (1) in may, within fifteen days therefrom, refer the matter to the Divisional Forest Officer, or such other officer who may be empowered by the State Government in this behalf, having jurisdiction over the unit in which the 1* forest produce has grown.
(3) On receipt of a complaint under sub-section (2), the Divisional Forest Officer or such other officer, as the case may be, shall hold an enquiry on the spot or at the headquarters, in the prescribed manner; and afler hearing the parties concerned or their authorised agent shall pass such orders as he may deem fit; and in case he finds'the refusal to purchase the * forest produce to be improper, he may,-
(a) if he considers the * forest produce in question still suitable for the manufacture of finished goods, or for any other commercial purpose direct the authorised officer or agent, as the case may be, to purchase the same, and may also award to the person aggrieved such further compensation not exceeding twenty per centum of the price of the i * forest produce payable to him, as he may deem fit
(b) if he considers that the * forest produce in question has since become unsuitable for manufacture of finished goods or for any other commercial purpose, direct the payment to the person aggrieved of any amount not less than the price of such ' *forest produce payable to him under sub-section (1) and such further compensation not exceeding twenty per centum of such price as he may deem fit by way of damages for the loss suffered by such person.
(4) Nothing in this section shall be.construed as to debar the appropriation of any forest produce offered for sale, if the State Government or its authorised officer or the agent has reason to believe that such produce appertains to forest or lands belonging to the State Government and paying only such collection charges, if any, at the State Government may from time to time determine
Provided that, in the case of any dispute, the Divisional Forest Officer or such other officer who may be specifically empowered in this behalf as specified in sub-section (2), shall hear and dispose of the same in the manner provided therein.
1. The words "minor" was deleted by Mah. 45 of 1997 s. 11.
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(5) Any person aggrieved hy the decision of any officer referred to in the provisio to sub-section (4) may within a period of thirty days from the date of receipt of such decision, prefer an appeal to the State Governement : and the decision of the State Government on such appeal shall be final.
Registration 10. Every grower 1 *forest produce other than the State Government shall, if the quantity of such produce grown by him during a year is likely to exceed such quantity as may be prescribed. Get himself registered in the prescribed manner.
Registration (I) Every manufacturer of finished goods usingl* forest produce, and every Manufacturers exporter of *forest produce shall get himself registered within such period, on payment of finished of such fee. and in such manner, as may be prescribed.
goods using dd (2) Every such manufacturer and exporter registered under sub-section (1) shall exportersof* furnish a declaration'in such form. by such date, and in such manner, as may be forest produce. prescribed.
Disposal of * 12. Any l*forest produce purchased by the State Government or by its officer or forest produce. agent, under this Act, shall be sold or otherwise disposed of in such manner as the State Government may direct.
Delegation of 13. The State Government may, by order, in the Official Gazette delegate any of its powers. powers or functions under this Act or the mlles made thereunder to any officer or authority not below the rank of an Assistant Conservator of Forests who shall exercise or perform the same, subject to such conditions and restrictions as the State Government may speciFy in the order.
Powers of 14. (1) Any police officer not below the rank of a Sub-Inspector or any other person entry search authorised by the State Government may, with a view to securing compliance with the scizure, etc. provisions of this Act or the rules made thereunder or to satisfying himself that the said provisions have been complied with-
(i) stop and search any person, boat, vehicle or receptacle used or intended to be used for the transport of a forest produce
(ii) enter and search any place ;
(iii) seize forest produce in respect of which he suspects that any provision of this Act, or the rules made thereunder has been, is being or is about to be contravened alongwith the receptacle containing such produce or the vehicles or boats used in carrying such produce.
(2) The provisions of sections 102 and 103 ofthe Code of Criminal Procedure. 1898,* V of relating to search and seizure shall, so far as may be, apply to searches and seizures 898 under this section.
Penalty. 15. If any person contravenes any of the provisions of this Act or the rules made thereunder :-
(a) he shall be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees, or with both
1. The words "minor" was deleted by Mah. 45 of 1997. s. 11 * Now see Code of Criminal Procedure Act, 1973 (2 of 1974).
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(b) the 1* forest produce in respect of which such contravention has been made or such part thereof as the Court may deem fit shall be forfeited to the State Government;
Provided that, if the Court is of the opinion that it is not necessary to direct forfeited in respect of the whole, or as the case may be, any part of the * forest produce it may, for reasons to be recorded, refrain from doing so.
16. Any person who attempts to contravene or aibets the contravention of any Attempts provision of this Act or the rules made thereunder shall be deemed to have contravened and such provisions. abetment
17. No Court shall take cognizance of any offence punishable under this Act except Cognizance on a report in writing of the facts constituting such offence made hy any Forest Officer of offences.
not below the rank of a Divisional Forest Officer or by any other officer as may be authorised by the State Government in this behalf