(1) The State Government or their authorized officer or agent shall be bound to purchase at the price fixed section 7, tendu leaves offered for sale at the depot during the hours of business;
Provided that it shall be open to the State Government or the authorized officer or the agent to refuse to purchase any leaves which in their opinion are not fit for the purpose of manufacture of bidis. Such refusal shall be communicated in writing duly signed dated and sealed be that authority.
(2) Any person aggrieved by refusal to purchase his leaves be an authorized officer or agent under the proviso to sub-section (1) may, within fifteen days there from, refer the matter to the Divisional Forest Officer, or such other officer, who may by empowered by the State Government in this behalf, having jurisdiction over the unit in which the leaves have 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 after hearing the parties concerned or their authorized agent shall pass such orders as he may deem fit and in case he finds the refusal to purchase the leaves to be improper. He may,
(a) if he considers the leaves in question still suitable for the manufacture of bidis, direct the authorized 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 cent of the price of the leaves payable to him, as he may deem fit;
(b) if he considers that the leaves in question have since then become unsuitable for the manufacture of bidis, direct the payment to the person aggrieved, of any amount not less than the price of such leaves payable to him under sun-section (1) and such further compensation not exceeding twenty per cent of such price as he may deem fit, by way of damages for the loss, suffered by such person.
Hkkx 4 ¼d½ jktLFkku jkt&i=] vizSy 11] 1974 5
(4) Nothing in this section shall be construed so as to debar the appropriation of leaves offered for sale, if the State Government or its authorised officer or the agent has reason to believe that the leaves appertain to forests or lands belonging to the State Government and paying only such collection charges, if any, as the State Government may from time to time determiner.
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.