(1) To appoint agent for unit under sub-section (1) of section 4, the State Government shall publish a notice in the Gazette, and in such other manner as it may think fit, giving terms and conditions of agency and inviting applications for such appointment.
(2) The application for agency shall be in Form 'A' which may be had from the office of any Divisional Forest Officer on payment of rupee one for each form.
(3) An unrefundable fee of Rs. 10.00 (ten) shall be paid for each application for Agency. The amount shall be payable to the account of the Division in which the unit is situated in accordance with the Standing Order for acceptance of money by the Forest Department.
(4) (i) The application for agency, complete in all respects, accompanied by the prescribed application fee shall be submitted to such authority, by such date, and in such manner as may be specified in the aforesaid notice.
* Vide Noti. No. 22(4)-2/XIV-B-67, dated March 17, 1972, published in U.P. Gazette, dated 17 th March, 1972, pp 29-54.
(ii) Any person applying on behalf of another person or as a partner of a firm shall enclose a copy of the power-of-attorney executed by such person empowering him to act on his behalf or as the case may be, the certificate of registration of the firm of which he claims to be a partner, with the application and produce the original thereof before the Divisional Forest Officer.
(iii) The applicant shall not withdraw his application till orders of the competent authority accepting or rejecting his application are passed or another person is appointed as agent for that Unit. Breach of this provision will entail forfeiture of the security deposit prescribed by sub-rule
(5).
(5) (i) Every such application shall be accompanied by a Treasury challan showing a cash deposit of Rs. 500.00 (five hundred) by the applicant under the head "Revenue Deposit" in the name of the Divisional Forest Officer as security deposit, challan for making the deposit may be obtained from the Divisional Forest Officer concerned.
(ii) In addition to the security deposit mentioned in clause (i) the applicant shall either deposit in cash an additional sum equivalent to the security deposit or furnish and enclose a surety bond of the amount specified in the aforesaid notice issued under sub-rule (1).
(6) The State Government may accept or reject any application without assigning any reason therefor. The security deposit shall be refunded to the applicant whose application is rejected. The security deposit of the applicant appointed as an agent shall, subject to the provisions under subrule (9), be adjusted towards the security deposit required under sub-rule (10).
(7) If in the opinion of the State Government, it is not possible to select suitable agents for the purpose out of the persons who had applied for the appointment as agent, or where an agency is terminated and there is not sufficient time for calling fresh applications, the State Government may appoint any person as agent who in their opinion is suitable for the work.
(8) The person to be appointed as agent shall furnish a declaration in Form 'B'.
(9) (i) On appointment as an agent the person so appointed shall execute an agreement in Form 'C' within fifteen days of the receipt of the order of appointment, failing which the appointment shall be liable to be cancelled and on such cancellation-
(a) the security deposit shall be forfeited; and
(b) the agent shall be liable to pay the loss if any, incurred by the State Government as a result of cancellation of the appointment. The loss will be a sum to be calculated as under.
A = Loss to State Government.
B = The difference of the number of standard bags notified for the unit and the number of standard bags which are collected and delivered.
Y = Purchase-rate per standard bag accepted by the State Government for the unit under Rule9.
Z = Cost of collection per standard bag as may be determined by the State Government for the unit.
A = B [Y-Z] i.e., the difference between aforesaid purchase-price per standard bag and the aforesaid cost of collection per standard bag multiplied by the number of bags which are collected and delivered short of the number notified for the unit.
(ii) The order of appointment of an agent shall either be delivered personally or communicated by registered post.
(iii) The loss determined under clause (i) shall be recoverable from the agent of his Security as arrears of land revenue.
1 [(10) (i) The agent so appointed for a particular Unit shall, before signing the agreement, deposit as security for the proper exclusion and performance of the agency in accordance with the terms and conditions of the agreement and the provisions of the Ordinance and these rules, a minimum sum to be calculated as under :
X = Number of standard bags of tendu leaves mentioned against the unit in the notice under sub-rule (1) or subsequently fixed by the Government or an officer authorised by it.
Y = Purchase-rate per standard bag accepted by the State Government for the unit under Rule 9.
Z = Cost of collection per standard bag determined by the State Government for the unit.
A = Security Deposit.
A = X (Y-Z)-10 100 i.e., 10 per cent of the difference between the aforesaid purchase rate per bag and the aforesaid cost of collection per bag, multiplied by the aforesaid number of bags.
The sum calculated as above shall be indicated in the order of appointment.]
(ii) This security deposit will be in the shape of revenue deposit in the name of the Divisional Forest Officer concerned either in cash or in Post Office Cash Certificate, National Saving Certificate, 10 years Treasury Saving Deposit Certificate, 12 years National Saving Certificate, 10 years Defence Deposit Certificate or 12 years National Defence Certificate at surrender value, or in the other form of Government security recognised for the purpose of small Saving Schemes pledged to the Divisional Forest Officer concerned.
(iii) The security deposit shall, either wholly or in part, as the case may be adjusted by the Divisional Forest Officer towards the recovery, if any, of the deduction made for short collection of leaves, compensation, damages and any other dues which may be recoverable under the provision of the agreement, these rules and the Ordinance, and if ordered by the Divisional Forest Officer in writing, all such deductions shall have to be made good by the agent by the deposit of an equivalent amount within fifteen days of the receipt of the notice to that effect.
(iv) If the dues to be recovered exceed the amount of the security deposit, the amount in excess shall, unless shall, be made good within fifteen days from the date of receipt of the Divisional Forest Officer's notice to that effect, be recoverable as arrears of land revenue.
(v) The security deposit or the balance, as the case may be, shall be refunded to the agent when the Divisional Forest Officer, is satisfied that all the obligations and formalities on the part of the agent under the terms of the agreement and the provisions of these rules and the Ordinance have been duly complied with and no amount is due against him.
(11) (i) The agent shall purchase tendu leaves from persons mentioned in sub-clauses (iii), (iv) and
(v) of clause (d) of section 2, and unless otherwise directed collected tendu leaves from the land of the State Government or Gaon Sabha or other local authority at the depot opened by him or ordered to be opened by the Divisional Forest Officer in accordance with the provisions of the Ordinance, these rules and the agreement. The Divisional Forest Officer may from time to time give him appropriate directions in this behalf not inconsistent with the provisions of the Ordinance, the rules and the agreement.
(ii) Unless ordered by the Divisional Forest Officer in writing or an officer authorised by him, in writing, the agent shall not slacken or stop the work of collection in any of the depots within the unit.
1- Subs. By Not. Pub. In 1972 LLT-V-190
(12) Subject and to the extent of the orders of the Divisional Forest Officer in writing for either withholding or for delivery to another person the specified quantity of leaves from specified depots, the agent shall deliver, immediately or as and in the manner ordered by the Divisional Forest Officer Tendu leaves purchased or collected by him, to the purchaser appointed for the unit :
Provided that the quantity withheld or ordered to be delivered to the person other than the purchaser shall not ordinarily exceed 10 per cent of the quantity notified for collection by the agent.
(13) The agent shall maintain such account and submit such periodical return to the Divisional Forest Officer or any other officer authorised by the Divisional Forest Officer, as may be directed by the Divisional Forest Officer.
(14) The agent shall furnish, a list of persons employed by him within the unit immediately as and when employment is made and all such persons as are object to the Divisional Forest Officer shall be forthwith removed from employment by the agent.
(15) If agent during the period of agency has duly observed and performed all the terms and conditions of the agency to the satisfaction of the State Government and if the State Government is satisfied that he has done his best to collect maximum quantity of leaves from the unit, it may grant to the agent yearly renewal of agency for a period to be fixed by the State Government on such terms and conditions as may be decided upon each year.
(16) Applicants from agency having previous experience of less than an year of the trade of tenduleaves will be required to deposit double the security required by the rules.
(17) The agent shall be advanced such money for the performance of agency as may be directed by the State Government from time to time.
2 [3A. Collection of Tendu leaves [Section 5-A]. - (1) Notwithstanding anything contained in Rule 3, a person who has been appointed a purchaser as per provision of Rule 9 may be issued a permit in Form "Q" by the Divisional Forest Officer authorising him to collect tendu leaves from the grower(s) of the particular unit of which he is a purchaser. The permit will contain the name of the purchaser, the names of all growers of tendu leaves in the unit and estimated quantity of leaves to be collected. This said purchaser shall collect tendu leaves from the growers directly on the payment of price thereof of the State Government as offered/bid for the unit in this tender/auction, in the manner agreed to under Form 'R' and the tenure-holders, mortgagees, tenants, lessees, receivers and other holders as notified by the State Government under section 7 of the Act. The said purchaser shall also pay to such persons as are engaged in the collection of leaves, such collection charges as may have been notified in the official Gazette. He shall not be entitled to payment of any amount by way of commission or otherwise for the collection of tendu leaves.
(2) The said purchase shall be deemed to be in agent for the purposes of clauses (a) and (b) of subsection (1) of Section 5 of the Act.]
3 [4- Transport permit. [Section 5 (c) (1)].- Transport permits shall be of the following four types and shall be issued by officers and/or persons mentioned against each of them :
Type of transport permit Authority to issue permit
(i) For transport from collection depot to storage godown :
(a) Main permit, Form T.P.I. (Main) Divisional Forest Officer or an officer authorised by him in writing.
(b) Subsidiary permit Form T.P.I.
(Subsidiary) up to the extent of quantity mentioned in the main permit.
Divisional Forest Officer or any officer and/or person authorised by the Divisional Forest Officer in writing.
(ii) For transport from one storage godown to another or to distribution centre, Form T.P.
2.
Divisional Forest Officer or any officer and/or person authorised by the Divisional Forest Officer in writing up to a specified quantity and period.
(iii) For transport from distribution centre to Sattadars or Mazdoors, Form T.P.3.
Divisional Forest Officer or any person authorised by the Divisional Forest Officer in writing specifying the maximum quantity to be transported in each consignment.
2- Ins. By Noti. No. 8535/XIV-2-22(4) 2-67, dated 14-11-1979 (1980 LLT-V-84) 3- Subs. By Noti. No. 22(4) 2/XIV-2-67, dated 12-2-1973 (w.e.f. 4-4-1972).
4 [(iv) For transport outside the State or transport to any area in the State to which the Act does not apply from any area in the State to which the Act applies, Form T.P. 4.
Divisional Forest Officer or any officer not below the rank of Assistant Conservator of Forests authorised by Divisional Forest Officer in writing.]
(v) For transport inside the State from an area outside the State or for transport to any area in the State to which the Act applies from any area in the State to which the Act does not apply, Form T.P.5.
Divisional Forest Officer or any officer not below the rank of Assistant Conservator of Forests authorised by the Divisional Forest Officer in writing.
(vi) 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 area to which the Act applies through the State or the area to which the Act applies, Form T.P. 6.
Divisional Forest Officer or any officer not below the rank of Assistant Conservator of Forests authorised by the Divisional Forest Officer in writing :
Provided that the Divisional Forest Officer if he has reason to believe that the officer or person authorised by him to issue permit is not suitable, shall forthwith cancel authorization.
(2) A fee of Rs. 3 Per standard bag of tendu leaves shall be payable by the person applying for the permit, for issue of Perinit in Forms T.P. 5 and T.P. 6, No fees shall be payable for other types of perinits.
(3) Application for issue of transport permit of any of the aforesaid types shall be made in Form "D" and shall be submitted to the Divisional Forest Officer who shall issue the permit or shall authorise an officer or person to issue the permit :
Provided that in case of application for transport permits of first four types mentioned in sub-rule (1) above, the Divisional Forest Officer, if he has reason to believe that the leaves in respect of which the application has been made, have not been purchased from the State Government or its officer or agent, may after giving the applicant such opportunity of being heard as he may in the circumstances deem fit, reject such application by an order in writing, recording the reasons for such rejection.
provided further that in case of application for transport permit in Forms T.P. 5 and T.P. 6 the Divisional Forest Officer, if he has reason to believe that the leaves in respect of which the application has been made may be used for purposes other than those mentioned in the application may after giving the applicant such opportunity of being heard as he may in the circumstances deem fit, reject such application by an order in writing, recording the reasons for such rejection.
4- Subs. By Noti. No. 8535 XIV-2-22(1) 2-67, dated 14-11-1979 (1980 LLT-V-84)
(4) All types of transport permits shall be subject to the following conditions :
(a) Each consignment of tendu leaves during movement by any mode of transport by road, rail, water or air, shall be accompanied by a transport permit of the concerned type.
(b) The leaves shall be transported only by the route specified in the permit and shall be produced for checking at such place as may be specified therein.
(c) Except with the permission in writing of the Divisional Forest Officer or an officer authorised by him in this behalf, the leaves shall not be transported at any time after sunset and before sunrise.
(d) The permit shall be valid for such period as may be specified therein.
(e) The transport permit will be liable to be cancelled by the Divisional Forest Officer if he has reason to believe that it has been misused or is likely to be misused.
(f) All transport permits after transporting leaves or after expiry of the period mentioned therein, whichever is earlier, shall be returned within a fortnight to the nearest Divisional Forest Officer or to the Range Officer.
(5) Permits for sale and purchase of tendu leaves of the following description shall be issued by the authority and on payment of fees by the person making the application as given against them:
Sl No.
Description of sale or purchase of tendu leaves Authority to issue permit and fees to be paid by the person making application 1 Sale by any person who had purchased tendu leaves in the year 1971. or earlier, of such leaves to any person other than the State Government, Officer or Agent and purchase of such leaves by any person:
Divisional Forest Officer.
Free
Provided that the Divisional Forest Officer, if he has reason to believe that the leaves in respect of which the application had been made do not pertain to the year 1971 or earlier, may after giving the applicant such opportunity of being heard as he may deem fit may reject such application by an order in writing, recording the reasons for such rejection:
Provided further that the purchaser should be either the manufacturers of bidis or exporter of tendu leaves.
2 Sale by person who has purchased leaves form the state Government Officer or Agent within Uttar Pradesh of tendu leaves, Which he had been unable to utilise in the manufacture of bidis within Uttar Pradesh or as the case may be, to export outside Uttar Pradesh:
Divisional Forest Officer.
Rs. 3 per standard bag.
Rovided that the Divisional Forest Officer, if he has reason to believe that the leaves in respect of which the application has been made could not be utilized for the purpose within Uttar Pradesh or, as the case may be, exported outside Uttar Pradesh due to circumstances not beyond the control of the applicant, may, after giving the applicant such opportunity of being heard as he may deem fit, reject such application by an order in writing recording the reasons for such rejection.
(6) The application for sale or purchase for tendu leaves under the aforesaid sub-rule shall be submitted to the Divisional Forest Officer concerned in Form 'O' and the permit for such sale or purchase shall be issued in Form 'P'.]