(1) On receipt of a complaint under sub-section (2) of Section 8, the officer holding the enquiry shall, as soon as possible, intimate the place, date and time fixed for holding the enquiry to the person concerned.
(2) On the date fixed or on any subsequent date to which the enquiry may be adjourned, such officer shall, after hearing person or his duly authorised representative who may appear before him and after making such further enquiry as he may deem necessary, pass such orders in terms of sub-section (3) or (4) of Section 8 as he deems fit.
(3) If the person, as the case may be, does not appear personally or through his duly authorised representative, the Enquiry Officer shall take decision ex parte after making such inquiry as he may deem necessary :
Provided that if the Enquiry Officer is satisfied that the non-appearance of the person concerned was for sufficient cause, he may after such further enquiry, as he may deem fit, pass suitable order in supersession of the ex parte order.
(4) The Enquiry Officer shall pass final orders within fifteen days of receipt of the complaint.
(5) In case, tendu leaves offered for sale are rejected by the agent, he shall pay the compensation to the grower concerned in accordance with the orders of the Enquiry Officer and in case, tendu leaves offered for sale are rejected by an officer authorised by the State Government, the State Government shall pay the compensation to the grower concerned.
(6) The guiding principles for determining the compensation to be paid under clause (a) or (b) of sub-section (3) of Section 8 shall be based on the following considerations :
(a) Enquiry Officer shall exercise his discretion in a just and equitable manner and it will be his bounden duty to ensure that there is no discrimination between the growers on any grounds whatsoever;
(b) the nature and extent of harassment caused to the grower;
(c) the expenses incurred by the grower in transporting tendu leaves; and
(d) any other loss caused to the grower in this connection for reasons beyond his control.
5 [8. Registration of manufacturers of bidis and/or exporters of tendu leaves. - (1) The manufacturer of bidis and/or exporter of tendu leaves shall be registered in the manner hereinafter provided after payment of an annual registration fee of Rs. 50.00 [fifty rupees].
Note. - Labourer manufacturing bidis are exempted from paying the above registration fee of Rs.
50.00 [fifty rupees] with the conditions that the labourer will keep only one standard bag of tendu leaves with him and will procure receipt for the purchase of the same and will produce the same on demand by a forest officer].
(2) An application for registration under sub-section (2) of section 9 shall be in Form 'G' and shall be filed before the Divisional Forest Officer within whose jurisdiction the manufacturer of bidis and/or exporter of tendu leaves resides, or his principal place of business is situate. If the manufacturer of the exporter resides outside the State, he may submit application to any Divisional Forest Officer whose jurisdiction falls in any of the areas notified under section 1(3) of the Adhyadesh. The applicant shall mention the calendar year for which registration is desired. The annual registration fee shall be deposited in advance and receipt/challan of the amount having been deposited shall be enclosed with the application for registration. The Divisional Forest Officer may, after making such enquiry as he deems necessary, issue a certificate of registration in Form 'H' or reject the application after recording reasons therefor.
(3) The registration shall be valid for the year which the certificate of registration is issued.
(4) Every registered manufacturer of bidis and/or exporter of tendu leaves shall maintain a register of account for tendu leaves in Form T. He shall submit to the Divisional Forest Officer two returns of stock in Form 'J' one on the 31st March and the other on the 30th September each year.
5- Subs- by Noti. In 1980 LLT-V-84.
(5) On receipt of certificate of registration issued by the Divisional Forest Officer under sub-rule (2), every manufacturer of bidis and/or exporter of tendu leaves shall furnish a declaration in Form 'K' to the Divisional Forest Officer by 31st March or such other date as may be specified by the State Government.
(6) If a certificate is lost or is mutilated, a certified copy of the same can be obtained from the Divisional Forest Officer on payment of Rs. 5.00 (five) for each copy.
(7) The certificate of registration of a manufacturer of bidis and/or an exporter of tendu leaves who has been punished under section 13 of the Ordinance or whose agreement has been terminated for committing any breach of the provisions of the Ordinance, these rules or the conditions of any agreement entered into with the State Government shall be liable to be cancelled by the Conservator of Forests and he may be refused registration for such further period as he deemed proper but not exceeding three years.
6 [(8) Every manufacturer of bidis and/or exporter shall submit the application for registration after getting the permanent address as written therein verified by the Revenue Authorities not below the rank of Naib Tehsildar].