The State Government or its officer or the Agent who sells or delivers leave to the purchaser shall grant to him a certificate of sale in Form 'L'. Any person who claims to have purchased leaves from the State Government under Section 10 shall be required to produce such certificate of sale in support of his claim, failing which the claim shall not be accepted.
10- Subs. By Noti No. 1017 XIV-2-31-73 dated 28-3-1973 (w.e.f. 1-4-1972) 11- Subs. By Noti. Pub. In 1980 LLT-V-84 UTTAR PRADESH LOCAL ACTS [Form A] produce such certificate of sale in support of his claim, failing which his claim shall not be accepted.
FORM „A‟ [See Rule 3(2)] Application for Appointment as Agent
1. Applicant‟s name and his father‟s name in full (in case of firm, give names of partners and of persons holding power of attorney to act on behalf of the firm ..................
2. Profession .................................................................................................................
3. Full address ...............................................................................................................
4. Place of business ........................................................................................................
5. Previous experience, if any, in Tendu Leaves and the area of operation ........................................................................................................................................
6. The quality of Tendu leaves collected and traded in during the last three years ( to be shown separately for each year and for each area of operation) .....................................
7. Financial status with details of person property, annual payment of income-tax and nay other relevant evidence regarding financial status .....................................................
..........................................................................................................................................
8. Unit for which agency is applied for .........................................................................
9. Proof fo payment of application fee ..........................................................................
10. Proof of payment of advance security deposit of Rs. 500/- Rs. 1,000/- as the case may be in accordance with Rule 3(5) ......................................................................................
Declaration I/We ....................... herebydeclare that I/We have read and understood all the provisions of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhyadesh, 1927, and the rules made therunder and the conditions of agency mentioned in the notice issued under Rule 3(1) and I/We agree to abide by the same. I/We have personally inspected the unit No .......................... if I/We am/are appointed as agent for the unit mentioned above, I/We undertake to purchase from growers and collect from lands of State Government and Gaon Sabha and deliver a quantity of Tendu leaves on both coants, which shall not be less than ................................ standard bags as mentioned in the notice. I/We shall execute the agreement with the State Government. In Form „C‟ whithin fifteen days from the dae of receipt of the order of appointment.
Witnesses:
1. ........................................... .........................
2. ............................................ Signature of the Applicant.
[FORM C] UP TENDU PATTA (VYAPAR VINIYAMAN) NIYAMAWALI, 1972 FORM „B‟ [See Rule 3(8)] I/We --------------------------herby declare that I/We have read and understood all the provisions of Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Ashyadesh, 1972 and the rules made there under, and the conditions of the agency mentioned in the notice, issued under Rule 3(1) of the said rules and I/We agree to abide by the same. I/We have personally inspected unit No............................................I/We undertake to purchase from growers and collect from lands of the State Government and Goan Sabha and deliver a quantity of Tendu leaves on both counts which shall not be less than .................................
....................................standard bags.
Witnesses- 1 ....................................... .................................
2 ....................................... Signature of the Agent FORM „C‟ [See Rule 3(9)] This Agreement made, this the ...................................day of ................................
between the Governor of Uttar Pradesh (hereinafter called the „Government which expression shall include his successors, representatives and assignees) of the one part and Shri/Messrs..............................................................................son of ...................................
Police Station................................................District.............................................................
(hereinafter called the „Agent‟ which expression shall include his heirs, successors, representatives and assignees) of the other part.
Whereas trading in Tendu Patta (Vyapar Viniyaman) Adhyadesh, 1972 and the rules made thereunder;
And whereas the Government have at the request of the Agent agreed to appoint him as an Agent of Unit No. .................................................on the terms and conditions hereinafter appearing;
Now these presents witness and the parties hereto hereby mutually agree as follows:
1. The Government hereby appoint Shri/Messers..................................................
as their Agent for the purposes mentioned herein in Unit No....................................more fully deseribed in Schedule A and shown in the map annexed hereto (hereinafter referred to as the Unit).
2. This agreement shall remain in force from........................................................
to .................................unless earlier determined by the Government in accordance with the terms and conditions of these presents.
3. The provisions of Uttar Pradesh Tendu Patta (Vyapar Viniyaaman) Adhyadesh, 1972 (hereinafter called the said Ordinance and of the Uttar Pradesh Tendu Patta (Vyapar Viniyaaman) Niyamavali, 1972 (hereinafter referred to as the said rules) shall form part and parcel of and shall be construed as if specifically incorporated in these presents.
UTTAR PRADESH LOCAL ACTS [FORM C]
4. The Agent shall at the close of the season on 30 th June, 19 .............................................. be paid Rs................................... as remuneration for the full season for organizing collection and delivery of .................................standard bags of tendu leaves in the unit:
Provided that-
(1) the Agent shall be entitled to an additional remuneration at the rate of Rs...............................per standard bag for such quantity of standard bags which are collected and delivered in excess of the quantity mentioned above, and
(2) the Agent shall be liable for deduction from his remuneration of an amount calculated at the rate of Rs. .................................per standard bag falling short of the number mentioned above.
5. If the Agent has given to the Government fifteen days‟ notice in writing prior to the expiry of the term reserved herein expressing a desire to renew the Agency and has duly observed and performed all terms and conditions hereof to the satisfaction of Government and if the Government are satisfied that he has done his best to collect the maximum quantity of leaves from the Unit the Government may grant to the Agent yearly renewal of this agreement for a period no exceeding ...........................years on such terms and conditions as may be agreed upon each year.
6. The Agent hereby expressly agrees with the State Government as follows:
(i) He shall , in all the transaction done by him in relation to tendu leaves, act for and on behalf of the Government. All costs and expenses which he is under these presents required to meet and incur on account of pruning, storage, transport and handling as the case may be, shall not exceed the tares specified in Schedule B. The above costs and expenses including those required to be incurred under clause (iv) and (v) below but other than those by way of reimbursement of penalty for negligence or misconduct on his part, shall be met by him out of the initial advance money placed at his disposal and the amounts thereafter redeived by him in accordance with the terms of this agreement, and all the dispensation so made by him for and on behalf of the Government shall be adjusted at the time of the periodical of final taken of accounts.
12 [(ii) He shall purchase from Growers and /or collect tendu leaves from Government and Gaon Sabha or other local authority land and if ordered by Divisional forest Officer in writing shall dry, transport and store them, in storage godowns constructed or hired by him. The number of bags of tendu leaves so purchased and or collected by him shall not be less than............................... standard bags each bag containing 1,000 gaddis and each gaddi having 50 leaves (in this agreement referred to as standard bag).
The Agent shall purchase and/ or collect leaves as are fit for manufacture of bidis and shall carry out the operation of drying in such a manner that leaves continue to be fir for 12- Subs. By Noti. Pub. In 1972 LLT-V-190 FORM C] UP TENDU PATTA (VYAPAR VINIYAMAN) NIYAMAWALI, 1972 manufacture of bidis If there is a dispute as to the suitability of the leaves for the purpose of manufacture bidis, the matter shall be referred to the Divisional Forest Officer, whose decision shall be final]
(iv) The Agent shall pay the Growers such purchase price as may be fixed by Government under section 7 of the ordinance.
(v) He shall pay such collection charges to person engaged for collecting leaves from Government forest and other lands as may have been notified in the official Gazette
(vi) He shall deliver such quantities of tendu leaves to the purchaser appointed for the Unit or to such person or persons as may be directed by the Divisional Forest Officer....................................... Division (hereinafter called the said Forest Officer) from time to time.
(vii) The tendu leaves so purchased or collected shall be helf by him for and on behalf of Government till they are delivered to the purchaser or to such person or persons as may be directed by the said Forest Officer.
(viii) He shall at his cost open such collection depots and construct storage godowns at such centers within the Unit as may be directed by the said Forest Officer. Unless ordered by the Divisional Forest Officer in writing or an officer authorised by him in writing the Agent shall not stock on or stop the work of purchase and collection in any of the depots.
(ix) He shall not move any tendu leaves from any collection depot or from any storage Godown without the permission of the said Forest Officer in Writing.
(x) He shall get the tendu leaves plucked by hand and no axe or other instrument shall be used in the process of their collection.
(xi) He shall not pollard the tendu trees between the 16 th day of April and the 15 th day of August in any year.
(xii) He shall prominently display at each collection depot, in the language of the locality the rates of purchase and collection of tendu leaves notified by the Government.
(xiii) He shall in the working of this agreement carry out such directions as may from time to time be issued in writing by the Forest Officer.
(xiv) He shall maintain such registers and accounts and in such forms as may be directed under the rules from time to time.
(xv) He shall submit to the said Forest Officer or to such officer as may be authorised by the said Forest Officer such returns and at such intervals as may from time to time be directed by the said Forest Officer.
(xvi) He shall give all facilities to the said Forest Officer and shall allow any officer authorised by the said Forest Officer fir the inspection of his stock and accounts kept at collection depot and storage godown.
(xvii) He shall be responsible for any damage that may be caused to the Forest due to his negligence or default in the course of UTTAR PRADESH LOCAL ACTS [FORM C] his operation in a Government forest. The compensation for such damage shall be assessed by the said Forest Officer whose decision shall subject to an appeal to the Conservator of Forest, be final, conclusive and biding on the parties:
Provided that no compensation for damage shall be assessed without giving that agent reasonable opportunity of being heard.
(xviii) He shall at all time, abide by and observe all rules, regulations and order for the time being in force, made and issued under the Indian Forest Act,1927.
In the event of the Agent becoming aware of the breach by any person or persons whatsoever of any of the a foresaid rules, regulations and orders, he shall forthwith report the fact of such breach to the nearest Forest Officer and use his best endeavours to discover the whereabouts of the person or persons concerned in the commission of such breach and render all reasonable assistance if required in arresting such person or persons and in procuring his or their conviction by the proper authorities.
(xix) He hereby binds himself to perform all acts and duties required to be done by him and to abstain from doing or performing any act forbidden by or under the said ordinance, the said rules and to pledge as security for the due performance and observance by him of the terms and conditions of this agreement the sum of Rs................................................
(Rupees.....................................) calculated in accordance with sub-rule (10) of Rule 3 of the said rules and deposited in favors of the said Forest Officer.
The Agent further agrees to pay to the Government a sum of Rs. 500.00 for every commission by himself or for every act by himself or by persons employed by him, which may be in contravention of the said ordinance, the said rules and conditions of this agreement.
(xx) If he fails to purchase, collect bag and/or deliver the number of standard bags as provided in sub-clause (ii) of clause (6) above he shall be deemed to have committed breach of his obligations as an Agent and shall be liable to pay compensation at the rate of Rs. .....................................per standard bag.
(xxi) After delivery of any lot or lots of tendu leaves the Agent shall submit the account of money entrusted to him by the Government and his remuneration and he shall be paid the balance, if any due to him in the manner prescribed by rules. In so doing the said Forest Officer may, after giving the Agent, a reasonable opportunity of being heard, deduct such amount or amounts as may be found due to the Government on account of any damages, reimbursement or any other costs or charges recoverable or likely to be recoverable from the Agent in the terms of this agreement.
(xxii) Any amount which the government is required to pay as compensation to the grower of tendu leaves under Section 8 of the ordinance on account of improper rejection of the tendu leaves by the agent may be recovered from the Agent.
[FORM C] UP TENDU PATTA (VYAPAR VINIYAMAN) NIYAMAWALI, 1972
7. The agent thereby expressly declares that he shall be responsible for the safe custody and storage of the tendu leaves while under his control and shall also take necessary precautions against fire and theft of the stock of tendu leaves held by him till and on the date of the determination of this agreement by efflux of time or otherwise.
8. If the Agent commit a breach of any of the conditions of the agreement and it is not proposed to terminate the agreement on account of any such breach the Agent shall pay such damages not exceeding rupees five hundred for each breach as the Divisional forest Officer may decide. If the amount of damages exceeds rupees two hundred, an appeal against this order shall lie to the Conservator of Forests whose decision shall be final and binding.
9. If the agent defaults in complying with any of the provisions of this agreement then without prejudice to any other rights and remedies that the Government may have, the Government may, at its opinion terminate the agreement. On termination of this agreement Government shall be entitled-
(a) to forfeit the security deposit.
(b) to recover as arrears of land revenue all amounts of damages, compensation, reimbursement cost, dues, charges recoverable or likely to be recoverable from the agent in terms of this agreement, and
(c) black list the Agent of a period not exceeding three years.
10. Any amount recoverable from the Agent the agreement shall be recovered from him as arrears of land revenue:
Schedule A Schedule B
11. Every dispute, difference or question touching or arising out of this agreement or the subject-matter thereof shall be referred to the sole arbitration of the Conservator of Forests, Uttar Pradesh of the circle concerned and the decision of such arbitrator thereon shall be final and binding on the parties. The arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award.
13 [12] The stamp duty shall be borne by the agent.
In witness of the parties hereto have signed these presents the day and year first above written.
In the presence of witnesses Signature of the Agent
1. ...........................
2. ...........................
Accepted Signature Acting of and on behalf of the Government of Uttar Pradesh.
13 Subs by Nort. pub in 1980 LLT-V- 84 UTTAR PRADESH LOCAL ACTs (Form D) FORM “D” [See Rule +(2)] Form of application for grant of Transport Permit
(a) Name of the4 applicant…………………………………
(b) Quantity of tendu leaves purchased……………………
(i) Actual bags……………………………….
(ii) Standard bags……………………………..
(C) Division and Unit in which leaves have been purchased.
(d) Please where leaves are stored, if not more than one place, specify the quantity at each place.
(e) Type of permit required……………………………………..
(f) Quantity for which the permit is required……………………………………
(g) Period for which the permit is required………………………………………
(h) Destination from and to which the leaves are to be transported from…………………………………….to……………………………………………
(i) Mode of transport……………………………………………………
(j) Routes by which the leaves are to be transported…………………………………
(k) Places where the leaves are to be transported……………………………………..
(l) Places where transported leaves will be stored………………………………… Certificate(s) of sale is/are herewith enclosed.
Place………………….. ………………………… Date……………………. Signature of the Applicant.
FORM T.P. (Main) (See Rule 4) Book No……………………….. Page No………………… Transport Permit (Main) Original/Copy (From collection depot to storage godown) Shri/Messrs………………………….Purchaser of Unit No……………………………….of Division …………………………… has paid Rs………………………….being the full/part purchase price of ……………………standard bags in accordance with the clause……………………of the agreement. He is accordance with the clause ……………of the agreement. He is accordingly permitted to transport …………………..standard bags packed in ………………..actual bags from……………………………..(collection depot) to ……………………… (storage godown).
2. The permit is valid up to ……………………………The leaves shall be transported by the following routes.
1.
2.
3.
4.
From T.P.} U.P. TENDU PATTA (VYAPAK VINIYAMAN NIYAMAWALI.1972 And shall be presented for checking and examination at the following place:
1.
2.
3.
4.
3. Details of Transport Permit 1 (Subsidiary) allowed to be used:
Book No………………… Pages from……………….to………………..
Valid from issue up to ……………………… Divisional Forest Officer From T.P. (Subsidiary) (See Rule4) Book No……………. Page No…………………..
Transport Permit (Subsidiary)
1. Name of the Purchaser…………………
2. Unit No………………..Division…………………
3. Reference to T.P. 1 (Main)-
(i) Book No…………….. Page No……………………..
(ii) Quantity Permitted……………..Standard bag/actual bags
(iii) Valid up to………………………..
4. Quantity covered under the above authority already transported previous to issue of the page.
5. Quantity now being transported in the consignment accompanying this permit (give serial number of bags and quantity in each).
Standard bag Actual bag
6. From……………..to……………
7. Route of transport………………
8. Places for checking……………..
9. The permit is valid up to…………………(date) Note-Unless otherwise authorized by the Divisional Forest officer in writing period shall not exceed 48 hours.
Place………………… Date………………Hours………. ……………………..
Signature of Issuing Officer Checked.
.............…………………….
Signature of the Checking Officer with date UTTAR PRADES LOCAL ACTS [ FORM T.P. 2 FORM T.P. 2 (See Rule 4) Book No……………. Page No………………..
Transport Permit 2 (From the storage godown to another or to distribution centers)
1. Name of the purchaser……………………..
2. Book No…………………..Division……………………..
3. Reference to Division Forest Officer‟s Authority No…………………… date……………
4. Quantity and period from which authority under 3 is issued Standard bags Actual bags
5. Quantity covered under the above authority transported.
Standard bags Actual bags
6. From……………….to………………….
7. Routes of transport…………………….
8. Place or place of checking……………….
9. Permit is valid up to……………………..
Note.-Unless otherwise authorized by the Divisional Forest Officer in writing the period shall not exceed 48 hours.
…………………… Signature of issuing officer Checked.
Place………………… Date………………Hours……………. …………............………..
Signature of Issuing Officer Checked.
…………....……………….
Signature of the Checking Officer with date FORM T.P. 3 (See Rule 4) Transport Permit 3 ( For Distribution to Sattedars or mazdoor)
1. Name of purchaser……………………
2. Unit No…………………..Division……………….
3. Name of the person by whom leaves have been issued…………………
4. Name of the person to whom leaves have been issued………………….
5. Place where it is being transported………………………..
From T.P. 5] U.P. TENDU PATTA (VYAPAK VINIYAMAN NIYAMAWALI.1972
6. Quantity……………………..
7. Period during which leaves shall be consumed……………………….
Note-The period allowed for transport of leaves shall be 24 hours from the time of issue Place………………….
Date…………..hour……………… …………………….
Signature of Issuing officer FORM T.P. 4 (See Rule 4) Book No………………… Page No………………..
Original/Copy 14 [From T.P. 4 (See Rule 4) Book No……………….. Page No………………… Original/Copy Transport Permit 4 (For transport outside the State or any area in the state to which the Act dose not apply from any area in the state to which the Act applies)
1. Shri/Messrs…………….Purchaser of unit No…………….of Division………………is permitted to transport……………….standard bags packed……………..in actual bags from……………..to……………….by road and thence to …………….by train.
2. Name and address of the consignee outside Uttar Pradesh or outside the area to which the Act applies.
3. The permit is valid up to…………………..
Place……………….
Date………………… Divisional Forest Officer ……………..Division] 15 [FORM T.P. 5 (See Rule 4) Book No………………….. Page No……………..
Original/Copy Transport Permit 5 (For transport inside the State from an area outside the state or from transport to any area in the state to which the Act applies from any area in the state to which the Act dose not apply) 14- Subs. By 1980 LLT-V-84 15- Ins By Noti. No. 22(XIV-257 dated 12-2-1973 (w.e.f. 4-4-1972 UTTAR PRADESH LOCAL ACTS [FROM T.P. 6
1. Shri/Messrs………………(name) (address) who has purchased tendu leaves in ………...
(State/District) abd has applied to transport them to…………..(Name of place) in (District) for manufacture of bidis is hereby permitted to transport ……………..standard bags of tendu leaves packed in ……………………actual bags from ……….to……….by road/train.
2. On entering the State or the area to which the Act applies the consignment will be checked at…………….(name of the check post).
3. The permit is valid up to…………………..
Place ……………….
Date………………… Divisional Forest Officer, ………………..Division.
FORM T.P. 6 (See Rule 4) Book No……………. Page No…………….
Original/Copy.
Transport Permit 6 (For transport to any place outside the state or outside the area to which the Act applies from another place outside the State or outside the area to which the act applies though the state or area to which the Act applies)
1. Shri/Messrs ……………….(name) (address) who has applied for transport of tendu leaves through Uttar Pradesh or the area to which the Act applied is hereby permitted to transport…………….standard bags of tendu leaves packed in…………..actual bags from…………..(place) in……………(District/State) to ………….(place) in………….(District/State) by road/train.
2. On entering the state or the area to which the Act applies the consignment will be checked at……………………….(name of check post)
3. The permit is valid up to ………………… Place ……………….
Date………………… Divisional Forest Officer, ………………Division FORM „E‟ [See Rule 6(2)] Application for Registration of Growers under sub-section (1) of Section 9
(a) Name, Father‟s name and address of the applicant……………………… Location, area and survey numbers of the plots on which tendu leaves grown…………… FORM G] U.P. TENDU PATTA (VYAPAK VINIYAMAN NIYAMAWALI.1972 Particulars regarding ownership of the land
(b) Number of tendu bushes existing in each plot.
(c) Whether he is growing leaves as commercial crop, if so, whether he has done any pruning and what cost was incurred in the past three years, Cost with respect to each year should be stated separately.
(d) Estimated production of leaves.
(e) What quantity was collected during the past three years. Production with respect to each year should be stated.
(f) To whom the leaves were sold during plucking season of…………..and ………….(the last two seasons) and for what amount?
(g) Places where tendu leaves will be stored temporarily till delivery.
Place……………….
…….………..……………..
Date……………….. Signature of the Applicant FORM „F‟ Book No………………….. Page No………………(in two foils) [See Rule 6(2)] Certificate of Registration of Growers This is to certify that Shri………………….son of……………….of village………….Police Station……………….District………….falling in Unit No……………….of Division…………….has been registered section 9 of the U.P.
Tendu Patta (Vyapar Viniyaman) Adhyadesh, 1972 Estimated annual production of leaves fit for manufacture of bidis in his holding detailed below is………………standard bags……………… Details holdings
1.
2.
3.
Signature of Divisional Forest Officer, …………….Division Date………………......
FORM „G‟ [See Rule 8(2)] Application for Registration of Manufacture of bidis and exporter of tendu leaves under sub-section (2) of section 9
1. Name, Father‟s name and address of the applicant. If it is a registered firm or company, name of the firm or company, registration number, year of registration, the name and address of person holding a power of attorney. (A copy of power of attorney be enclosed)
2. Places of business, location of the headquarters or head office, village or town, tahsil, police station and district………… UTTAR PRADESH LOCAL ACTS [FORM G]
3. Particulars of trade in tendu leaves in standard bags—
(a) Averange quantity of bidis manufactured annually and/or Average quantity of leaves annually exported outside the state during the last three years as also the quantity of tendu leaves exported each year during the last three years:
19…………… 19…………… 19…………… Average………………………..
(b) Trade mark, if any case of manufacturer and the name of places where leaves are exported in case of exporter.
(c) Estimated annual requirement of tendu leaves in standard bags for purposes of-
(i) Manufacture of bidis.
(ii) Export
(d) Name of place of godowns where applicant‟s stock of tendu leaves is stored.
(e) Manner in which the required stock is obtained.
(f) Central Excise Registration No. if any.
4. Since when the appellant is in the trade of tendu leaves as-
(i) Manufacturer of bidis.
(ii) Exporter of leaves.
5. Names and address of the person of status to whom reference could be made for verification of details of the applicant.
1.
2.
6. Quantity of leaves in standard bags, for which registration is required.
7. Year for which registration is required.
8. Whether the applicant was previously registered and if so, in what year and in which Division and for what quantity of leaves.
9. Any other information the applicant desires to give as on evidence that he is a bona fide manufacturer of bidis and/or exporter of tendu leaves.
10. Evidence of payment of registration fee of Rs……………………… Place………………….
Date…………………..
………………………….
Signature of the Applicant FORM I] U.P. TENDU PATTA (VYAPAR VINIYAMAN NIYAMAWALI.1972 FORM “H” [See Rule 8(2)] Book No……………………………. (in three foils) Certification of registration as manufacturer of bidis/or exporter of tendu leaves.
This is to Certify of registration as manufacturer of bidis/or exporter of tendu leaves.
Son of………………………………………..shri……………………………….of……………… police station…………………..tahsil………………………..district………………………. has been registered for the year…………………………………………..as manufacturer of bidis and/or exporter of tendu leaves for purposes of as manufacturer of sub-section (2) of section 9 of The U.P. Tendu Patta (Vyapar Viniyaman) Adhyadesh, 1972, and the rules made thereunder, Estimated quantity of leaves handles annually for manufacture of bidis and/or export of tendu leaves is about…………………….standard bag stored at one or more all of the following place:
1.
2.
3.
4.
5.
…………………………… Signature of the Divisional Forest Officer …………………..Division Date……………………..
(Seal of Office) Copy forwarded to the conservator of forests, southern Circles, U.P. Allahabad for information.
Divisional Forest Officer.
…………….Division FORM “I” [See Rule 8(4)] Register of Accounts of tendu leaves of manufacturer/exporter.
Name of godown………………………………………………………………..
Name of Manufacturer/exporter………………………………………………… Registration No.
Dates and quantitics of stock in terms of standard bags added Balance stock on ---------------------------------------------------------Total of hand at the time date on which bags manner of column 1 of submission of stock was azquisition of plus 3 last return in received and bag in standard added Column 3 bags (give details verifiable) 1 2 3 4 5 UTTAR PRADESH LOCAL ACTS {Form J.
Dates and quantities of stock in terms of standard disposed of bags Manner of disposal (give verifiable details ) as to whether consumed or sold or rendered useless and destroyed Balance left after disposal of quantity in column 7 in standard bags remarks Date on which stock was removed from godowns 6 7 8 9 10 Note-The above account will be kept for each godown.
FORM “J” (See Rule 8(4)) Statement of Periodical return of tendu leaves of manufacturer /Exporter.
Return of Period ending on............................................................................
Name of manufacturer/Exporter.
Registration No.....................................
Serial No. Balance stock Stock added during the interval between and name on hand at the submission of last return of Godown time of submission and this return where stock of last return or Standard References of Month of is stored. stock in hand at bags page Nos. of acquisition of the time of register in leaves giving registration in terms Form I reference of of standard bags. evidence like purchase, . receipt, etc.
1 2 3 4 5
1.
2.
3.
Form K} U.P. Tendu Patta (Vyapar Viniyaman), Niyamawali, 1972 .
Disposal Total of Column 2+3 Quantity in standard bags consumed or disposed of during the period between last and this return Manner of disposal whether consumed or sold or rendered useless and destroyed Balance of stock in standard bags on the date of submission of return.
Remarks.
6 7 8 9 10 Signature of Manufacturer/Exporter Date of submission of return FORM “K” (See rule 8(5)) Declaration by Manufacturer/Exporters.
I/We ....................hereby declare that I am/we are a bona fide manufacturer of bidis and or exporter of Tendu leaves carrying on business in the district of ..................................
in the State of .....................................................details of my business are as under:
1. Name of the person of the firm or Company in the name of which business is carried out.
2. Registration No. of the firm or company.
3. Name of centre of business having either offices or Godown:
1.............................
2.............................
3.............................
4. Present stock of tendu leaves in standard bags in each of the Godown at the time of furnishing declaration:
Name of Storage centre Quantity of standard bags
1.
2.
3.
5. Trade mark or marks of bidi, if any.
UTTAR PRADESH LOCAL ACTS {Form K.
6. Quantity of bidis manufactured annually during previous two years and the quantity of tenduleaves consumed.
years No. of bidis manufactured (in number) Quantity of leaves used (in standard bags 1 2 3
7. Estimated manufacture of bidis and requirement of tendu leaves for the same during ensuing year-
(a) Estimated manufacture in number..............................................................
(b) Estimated requirements of leaves in standard bags...................................
8. Quantity of tendu leaves exported annually during the previous two years:
Year Place of export To whom exported or sold Quantity in standard bags 1 2 3 4
1.
1.
2.
3
2.
1.
2.
9. Estimated export during the ensuing year............................................in standard bags.
I further declare that I have read and have understood the provision of the U.P. Tendu Patta (Vyapar Viniyaman), Adhyadesh, 1972 and the rules made thereunder.
All the details given above are correct to the best of my knowledge and I shall be able to produce evidence in their proof.
Place..................................
.................................
Signature of the Manufacturer/Exporters Date of furnishing declaration Presented in duplicate (Date)..............................to the (officer).......................................
Form M} U.P. Tendu Patta (Vyapar Viniyaman), Niyamawali, 1972 Copy forwarded to the Conservator of Forest. Southern Circle, U.P...............Allahabad for Information.
Divisional Forest Officer ...........................Division FORM “L” (See rule 10) Book No. Page No.
Certificate of Sale
1. Name of the purchaser.
2. Name of the sale depot and unit.
3. Quantity sold/delivered (in standard bags)
4. Date of sale /delivery.
Place.................
Date..................
Signature of the Government Officer or Agent FORM “M” (See rule 10) This Agreement made this the ..................day of ...............between the Government of Uttar Pradesh(hereinafter called the Government which expression shall include his successors, representatives and assigns).....................of the one part , and Sri............................son of .........................Village ....................Police Station.......................District..........................(hereinafter called the “Purchaser “ which expression shall include his heirs, successors, representatives and assigns) of the other part.
Whereas trading in tendu leaves is regulated by the provisions of the U.P. Tendu Patta (Vyapar Viniyaman), Adhyadesh, 1972 and the rules made thereunder- And whereas the Government have to appoint purchasers for the purpose in the different units:
And whereas the Government has accepted the offer of the purchase and have agreed to appoint him as purchaser for Unit No................on the terms and conditions hereinafter appearing:
Now, these presents witness and the parties here to here by mutually agrees follows:
1. The purchaser shall purchase the entire quantity of tendu leaves or such part of it as may be offered to him for sale by the Government or its Officer or agent which may have been collected from the State Government and Gaon Sabha or other local authority lands or purchased from the growers in Unit No.................. more fully described in Schedule A( hereinafter referred to as the Unit) in the year.........................................................................
UTTAR PRADESH LOCAL ACTS [FORM M
2.
16 [This agreement shall commence from ……………. And remain in force up to ……………………….. unless earlier determined under the terms hereinafter appearing.]:
Provided that, if the purchaser has given to the Government 15 days notice in writing prior to the expiration of the terms reserved herein, expressing a desire to renew the agreement and shall have duly observed and performed all the terms and conditions thereof to the satisfaction of Government, and Government are satisfied that the purchaser has been prompt in taking delivery of leaves and making payments therefor the Government may grant to the purchaser yearly renewal of this agreement for a period not exceeding …………………………….. years on such terms and conditions as may be mutually agreed upon with respect to each year.
3. The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhyadesh, 1972 and the rules made thereunder shall form part and pareel of and be construed as specially provided in these presents.
4. The purchaser hereby expressly agrees with the Government as follows:
(a) He shall purchase from the Government all tendu leaves in raw form and without bagging delivered by Government or by its officer or Agent in the unit during the year ………………………. At the rate of Rs …………………… per standard bag namely each bag containing 1,000 gaddis and each gaddi having 50 leaves (hereinafter referreed to as standard bag) for the first ………………….. bags and at the rate of Rs ……………… for the remaining bags purchased by him.
(b) The purchaser shall take delivery of Tendu leaves within two days from the day of collection after payment of purchase price in the manner specified hereinafter, at the collection centre on centers in the Unit or at places mentioned in Schedule B or as may be intimated by the Divisional Forest Officer from time to time.
17 [(c) If the purchaser desires to consume leaves delivered to him within the forest division or to remove them outside the forest division at any time before the 30 th June ………………..
he shall at the time of delivery pay the purchase price in full in the manner specified below—
(i) Rs ……………………… per standard bag delivered in cash to the officer authorized by the Divisional Forest Officer at the time of the delivery after obtaining stamped receipt from such officer;
(ii) Rs ……………………… per standard bag delivered through remittance by challan in the Treasury/Sub-Treasury before the date of delivery.
(d) If the purchaser gives in writing that he will keep delivered leaves safe in the godowns sanctioned by the Divisional Forest Officer within the forest division under his watch and ward, supervision and risk and on condition that the Divisional Forest 16- Subs. By 1980 LLT-84 17- Subs. By Noti. No. 1047XiV-2/3/73, dated 28-3-1973 (w.e.f. 1-1972) (1973 LLTV-176) FORM M] U.P. TENDUPATTA (VYAPAR VINIYAMAN) NIYAMAWALI< 1972 Officer or the Range Officer, if so authorized by the Divisional Forest Officer shall have full access to and control over the stock by putting the Forest Department lock in the godown or godowns where the leaves would be stored within the forest division or by such other device as may be ordered by the Divisional Forest Officer, the purchaser, may, at the time of delivery pay purchase price in the manner specified below---
(i) Rs ……………………. Per standard bag delivered in cash to the officer authorized by the Divisional Forest Officer at the time of delivery after obtaining stamped receipt from such officer;
(ii) (ii) Rs ……………….. per standard bag delivered through remittance by challan in the Treasury/Sub-Treasury at …………. Before ………….. the date of delivery;]
(e) (1) In addition to the amount payable under sub-clauses (c) and (d) above, sales tax payable by the Forest Department in accordance with the provisions of the Uttar Pradesh Sales Tax Act, and Central Sales Tax Act, as the case may be, shall be paid by the purchaser along with purchase price payable under sub-clauses (c) and/or (d) above, at the time of each delivery.
(2) The amount or the installment as the case may be, due under sub-clauses (c) and (d) shall not be deemed to have been paid unless the sales tax payable along with it vide sub-clause
(c) (1), has also been fully paid.
(3) The purchaser shall also be responsible for subsequent liabilities, if any, including payment of additional sums on account of sales tax imposed by the Sales Tax Department in respect of Tendu leaves sold to him under this agreement.
(f) The Government or its officer or Agent after delivery of leaves to the purchaser shall grant him a certificate of sale in Form „L‟ of Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Niyamavali, 1972.
(g) The purchaser hereby binds himself to perform all acts and dutis required to be done by him and to abstain from doing by himself, his servants and assigns for performing any forbidden by or under the provisions of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhyadesh, 1972 and the Rules made thereunder and the Indian Forest Act, 1927 and Rules made thereunder in so far as they are applicable in the context of this agreement, and shall furnish security for the due performance and observance by him, his servants and assigns of the terms and conditions of the agreement in the sum of Rs ……………..
(Rupees …………………) deposited in favour of the said Forest Officer.
If the purchaser defaults in complying with any of the provisions of these presents, then, without prejudice to any other rights and remedies that the Government may have, the Government may, at its option terminate the agreement and forfeit the security deposit in full and resell the undelivered stock of Tendu leaves, if any lying with the Government or i t s Of f i ce r o r Agen t . I f t he p r i ce s ecu re d on suc h r e sa l e f a l l s shor t UTTAR PRADESH LOCAL ACTS {Form M of the purchase price of such undelivered stock calculated at the rate mentioned in sub-clause (a) above, the difference shall be paid by the purchaser within 15 days of the receipt of notice of demand for payment of the sum indicated therein, if the difference is not paid within the said period of 15 days it shall be recovered from the purchaser from the security deposit, if the same has not been forfeited and/or as arrears of land revenue.
5. (1) The purchaser shall maintain such registers and accounts as may be directed by the Government from time to time.
(2) The purchaser shall submit to the Divisional Forest Officer such returns and in such forms as may be directed by the Government from time to time at th e following intervals:
(i) 30 th May
(ii) 15 th June
(iii) 30 th June The above returns a shall indicate separately the quantity of purchased Tendu Leaves removed by him outside the Unit and/or stored within the Unit.
6. Every dispute, difference or question touching or arising out of this agreement on the subjectmatter thereof shall be referred to the sole arbitration of the Conservator of Forests, Uttar Pradesh, of the circle concerned and decision of such arbitrator thereon shall be final and binding on the parties. The arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award.
18 {7. The stamp duty shall be borne by the purchaser.
Schedule A Schedule B In witness whereof the parties here to have put there hands on the day and year first above written.
In the presence of witness-
1. ...............................
2. ...............................
Signature Purchaser Accepted Signature For and on behalf of the Government of Uttar Pradesh 18- Subs. by Noti.pub. in 1980 LLT.V-84.
Form N) U.P. Tendu Patta (Vyapar Viniyaman) Niyamawali, 1972 Form „N‟ {See Rule 9(3)} Forest Department, Uttar Pradesh Form of Tender for purchase of Tendu Leaves
1. I/We.....................................(Name in Block letters), son of...................... (Name in Block letters),Village .......................Police Station...............................
District........................hereby agree to purchase in raw form without bagging all or such quantity of Tendu leaves as are offered by Government and/or by its Officer and/or Agent to me /us in Unit No....................Name ........................during year........................ending on 31 st December 19..........on such terms and conditions as are specified in the Tender Notice and the Purchasers Agreement.
2. I/We offer the purchase rate of Rs.......................(in words)....................per standard bag exclusive of sales tax for leaves delivered to me/us during the year ending on 31 st December 19..................
(a) The above purchase rate is offered for the quantity of standard bags which are shown against the aforesaid unit in the statement enclosed with the Tender Notice.
(b) I/We further agree to purchase all such, additional quantity of standard bags which are delivered to me/us in excess of the quantity of standard bags referred to above at the rate fixed and specified in conditions of the Tender Notice.
3. I/We hereby declare that I/We have read and understood all the provisions of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhyadesh,1972, rules made thereunder , the conditions of this Tender Notice and the conditions of the agreement appended to Tender Notice and I/We agree to abide by the same. I/We have personally inspected the above said unit for which the Tender is given.
4. I/We hold certificate of Registration as manufacturer of Bidis and/or Exporters of Tendu leaves under Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhyadesh,1972, bearing No..................Dated...................of ........................Division.
5. As required under terms and conditions of the Tender Notice, I/We enclose the following:
(i) Evidence for payment of Rs. 25 being Fee for the Tender Form 19
(ii) Challan no........................., dated ..............................on ...........................Treasury/ Sub-Treasury for Rs..................being deposited at Earnest Money.
or Demand Draft No...............,Dated..............................for Rs.......................in favour of Conservator of Forests/Divisional Forest Officer......................................on State Bank of India/...................................Bank................................Branch.................................)
19- Subs. by Noti.pub. in 1972 LLT.V-190.
UTTAR PRADESH LOCAL ACTS {Form O
(iii) As desired vide conditions of Tender Notice copy of power-of-attorney which empowers me to act on other behalf or copy of the Registration and copy of partnership deed of the firm of which I am a partner.
6. I/We hereby declare that on opening of my/our tender I/We shall be bound by my/our offer and by the terms and conditions of the Tender Notice till orders of competent authority accepting or rejecting may our tender are passed or another person or party is appointed as the purchaser for the aforesaid unit.
Place........................
Date........................
................................
Signature of the Tenderer 20 (FORM „O‟ (See Rule 4) Application for sale or Purchase of Tendu leaves
1. Name, father‟s name and address of the applicant......................................
2. Details of stock:
(i) If of 1971 or earlier season:
Lot No............Forest Division............State.............Year...................Total Quantity stocked in U.P. on 17-03-1972...................Place....................... Quantity in standard bags ..................................
Already disposed of :
Place..................Quantity in standard bags ..........................Permit No...................Balance in stock:
Place ................Quantity in standard bags.............................
(ii) If of 19...................season:
Unit No....................Forest Division........................Total quantity procured .......................(in standard bags) Total up-to-date quantity used in manufacture of Bidis or exported outside Uttar Pradesh up-to-date (in standard bags).........................................Balance on the date of application (in standard bags)..........................................
(iii) Quantity of leaves for which permit for sale is requested (in standard bags)................packed in............actual bags.
(iv) Fee paid for permit Rs...............Receipt Challan No. and date..............
(v) Name, father‟s name and address of the purchaser ..........................Place & Date.............................signature of the applicant.
20- Ins. By Noti. No. 22 (4) 2/XIV-2-67, dated 12-2-1973 (w.e.f 4-4-1972) Form Q} U.P. Tendu Patta (Vyapar Viniyaman), Niyamawali, 1972 FORM „P‟ (See Rule 4) Permit for sale and purchase of tendu leaves Shri/Messrs............................(name).......................(address) is permitted to sell ...............standard bags of tendu leaves packed in ..................actual bags from his stock at........................to Shri/Messers..................(name)....................(address) A Fee of Rs.....................has been deposited for the permit.
The permit is valid upto.........................
Place....................... Divisional Forest Officer Date........................ .......................Division} 21[FORM „Q‟ Permit to collect Tendu leaves (Rule 3-A) Shri............................(hereinafter called the purchaser) s/o......................., resident of .....................,P.O...................P.S....................,District..................purchaser of Unit No.......(name of unit)..................of range ...................of...............division is hereby authorised to collect tendu leaves of the aforesaid unit, the estimated yield of which is..................standard bags , on the condition that he shall pay the purchase price as under:
(i) To Forest Department The price, as offered/bid for the said unit in his tender /auction, shall be paid in the manner agreed to under Form „R‟, the price as notified by the Government.
(ii) To the tenure-holders, mortgages, tenants, lessees, receivers and other persons on whose land tendu patta is growing.
Sri....................................
R/o..................................
P/o..................................
District.............................
2. He shall also pay to such persons as are engaged in the collection of tendu leaves , such collection charges, as may have been notified in the Official Gazzette. He shall not be entitled to payment of any amount by way of commission or otherwise for the collection of tendu leaves.
Divisional Forest Officer 21- Ins. By Noti. Pub. In 1980 LLT-V-84 UTTAR PRADESH LOCAL ACTS {Form R FORM „R‟ {See Rules 3-A and 9 (10)} This agreement made on the ................day of ...................between ...............the Governor of Uttar Pradesh (hereinafter called the Government which expression shall include his successors, representatives and assigns) of the one part, and Sri................son of............................village...................police station........................, district .......................(hereinafter called the „Purchaser‟ which expression shall include his heirs, successors, representatives and assigns)of the other part.
Whereas trading in tendu leaves is regulated by the provisions of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman), Adhiniyam, 1972 as amended from time to time and the rules made thereunder.
And whereas, the Government have to appoint purchasers for the purpose in the different units:
And whereas the Government have accepted the offer of the purchaser and have agreed to appoint him as purchaser for Unit no.....................on the terms and conditions hereinafter appearing.
Now, therefor,these presents witness and the parties, hereto, mutually agree as follows:
1. The purchase shall purchase the entire quantity of tendu leaves growing within the boundaries of the unit No.......................(morefullydescribed in ScheduleA)( hereinafter referred to as the Unit) in the year........................
2. The agreement shall commence from .................and shall remain in force upto .....................unless earlier determined under the terms hereinafter appearing.
3. The Uttar Pradesh Tendu Patta (Vyapar Viniyaman), Adhiniyam, 1972 and the rule made thereunder shall form part and parcel of and be construed as specifically provided in these presents.
4. The purchaser hereby expressly agrees with the Government as follows:
(a) He shall purchase from the Government all tendu leaves in raw form growing in the Unit during the year ..............and pay to the Forest Department a price of Rs........as offered /bid by him in the tender /auction.
(b) He shall also pay to the tenure holder, mortgage, receiver appointed by a court or any other person on whose land tendu patta is growing, a price for tendu leaves actually collected from their land at the rate fixed by the Government under the provision of Section 7 of the Act.
(c) He shall not be entitled to payment of any amount by way of commission or otherwise for the collection of tendu leaves.
(d) He shall pay to the persons engaged for collecting tendu leaves such collection charges as may have been notified in the Official Gazette.
(e) If the purchaser desires to consume leaves within the forest Form R} U.P. Tendu Patta (Vyapar Viniyaman), Niyamawali, 1972 division or to remove them outside the forest division at any time before the30th June ...............he shall, at the time of delivery, pay the purchase price in full through remittance by challan in the Treasury/Sub Treasury before the date of delivery .
(f) (i) If the purchaser gives in writing that he will keep the leaves safe in the godowns sanctioned by the Divisional Forest Officer within the forest division under his watch , ward, supervision and risk and on condition that the Divisional Forest Officer or any other Officer so authorised by him, shall have full access to and control over the stock by putting the Forest Dpartment lock in the godown or godowns when the leaves would be stored within the forest division or by such other device as may be ordered by the Divisional Forest Officer, he may, at the time of export to such godown, pay 30 percent of purchase price through remittance or challan in the Treasury or Sub-Treasury.
(ii) The balance of the purchase price shall be paid in the following approximately eqal installments:
Installments Due Date 1 st installment 15 th June 2 nd installment 15 th October subject to the condition that if the purchaser requires to consume leaves within the forest division before the due date of installment, the balance purchase price shall be paid before the leaves are allowed to be removed by Divisional Forest