MAHARASHTRA [* * *] FOREST PRODUCE [REGULATION OF TRADE IN TENDN LEAVES] RULES, 1969

MAHARASHTRA [1][* * *] FOREST PRODUCE [REGULATION OF TRADE IN TENDN LEAVES] RULES, 1969[2]

[27th November 1969]

PREAMBLE

In exercise of the powers conferred by sub-section (1) and clauses (a), (b), (c), (d), (e), (f) and (g) of sub-section (2) of section 19 of the Maharashtra [3][* * *] Forest Produce (Regulation of Trade) [4][Act, 1969 (Mah. Act LVII of 1969),], the Government of Maharashtra hereby makes the following rules, namely :

Rule - 1. Short title.

These rules may be called the Maharashtra [5][* * *] Forest Produce (Regulation of Trade in Tendu Leaves) Rules, 1969.

Rule - 2.[Definitions][6].

In these rules, unless the context otherwise requires,-

(1)     Chairman means a member of the Committee appointed as such under rule 5;

(2)     Convenor means a member of the Committee appointed as such under rule 5;

(3)     Divisional Forest Officer  means the Forest Officer-incharge of a Forest Division or an independent Forest Sub-Division in which the unit formed under section 3, is situate.

Explanation.-For the purposes of this definition a Forest Division or an independent Forest Sub-Division includes any area transferred to the Forest Development Board (being the Board, set up under Government Resolution, Revenue and Forests Department, No. FCT- 1568/257958-Y, dated the 13th February, 1969), from a Forest Division or Sub-Division;

(4)     Exporter of tendu leaves  means a person who sells tendu leaves to any other person having business at. a place outside the State of Maharashtra; or who exports tendu leaves for the manufacture of bidis by himself, at any place, outside the State of Maharashtra;

(5)     Form  means a form appended to these rules;

(6)     Manufacturer of bidis means a person who manufactures bidis or gets them manufactured for the purpose of trade therein;

(7)     [7][Act] means the Maharashtra [8][* * *] Forest Produce (Regulation of Trade) [9][Act], 1969;

(8)     Purchaser means a person to whom tendu leaves have been sold or otherwise disposed of by the State Government;

(9)     Section means a section of the Ordinance;

(10)   Standard bag means a bag containing one thousand standard bundles and where the standard bundles are not bagged, reference to standard bag shall be construed as reference to one thousand standard bundles;

(11)   Standard bundle means a bundle (or a gaddi or a puda containing seventy tendu leaves;

(12)   Tendu leaves means leaves of the plant known as temburni or tendu;

(13)   Transport permit means a permit issued under clause (b) of subsection (2) of section 5, for transport of tendu leaves.

Rule - 3. Appointment of agent.

(1)     The State Government shall, for the purpose of enabling it to appoint an agent or agents for any unit or units under sub-section (1) of section 4, publish a notice in the Official Gazette and in such other manner as it may think fit, specifying the terms and conditions of agency and inviting applications for such appointment.

(2)     Every application for agency shall be made in Form A, which may be obtained from the office of the Divisional Forest Officer on payment of rupee one for each form.

(3)     [10][* * *]

(4)     (a) Every such application for agency shall be accompanied by a receipted Treasury Challan showing a cash deposit by the applicant of rupees five hundred made under the head Revenue Deposit in the name of the Divisional Forest Officer, as earnest-money,

(b) In addition to the amount of earnest-money referred to in clause (a), the applicant shall by way of additional earnest money either deposit in cash an additional sum of rupees five hundred or furnish a surety bond of an independent surety (holding a solvency certificate) for rupees five hundred.

(5)     No person shall be allowed to apply on behalf of another person unless he holds a power-of-attorney from such another person empowering him to act on his behalf. A copy of such power-of-attorney shall accompany the application for agency, and the original thereof shall be produced before the Divisional Forest Officer on demand by him.

(6)     The application for agency, duly completed in all respects, shall be submitted to the State Government before such date and in such manner as may be specified in the notice, issued under sub-rule (1).

(7)     The applicant shall not withdraw his application except with the permission of the State Government or until another person is appointed as agent for the unit to which the application relates. If any applicant withdraws his application without such permission, the earnest-money deposited by him under clause (a) of sub-rule (4) and the amount of additional earnest-money, if any, paid in cash under clause (b) of sub-rule (4) shall be liable to be forfeited and the bond, if furnished under that clause, shall be liable to be enforced.

(8)     (a) The State Government may accept the application or reject is without assigning any reasons therefor. The earnest money shall be refunded to the applicant whose application is rejected and the surety bond, if any, shall stand cancelled. The amount deposited under sub-rule (4) by the applicant appointed as an agent shall, subject to the provisions of sub-rule (11), be adjusted against the security deposit required to be deposited under sub-rule (12). (b) The order of appointment as an agent shall either be delivered personally to the applicant or be forwarded to him by registered post [11][(Acknowledgement Due)].

(9)     If in the opinion of the State Government it is not possible to select a suitable agent for any unit from amongst the applicant for appointment as agent, or where an agency is terminated and it is considered necessary to make a fresh appointment immediately in the interest of the trade in tendu leaves, the State Government may appoint any person as agent who in its opinion is suitable to work as an agent.

(10)   The person to be appointed as agent shall furnish a declaration in Form B.

(11)   Every person on his appointment as an agent shall execute an agreement in such form as the [12][Additional Chief Conservator of Forests, Evaluation and Nationalisation, Maharashtra State, Nagpur] may approve in this behalf, within 15 days of the date of receipt of the order of appointment. Where any such person fails to so execute the agreement, his appointment as an agent shall be liable to be terminated and on such termination -

(a)      the earnest-money and the additional earnest-money deposited by him under sub-rule (4) shall be liable to be forfeited and the bond, if any, furnished under clause (b) of that sub-rule shall be liable to be enforced; and

(b)      he shall also be liable to pay the loss, if any, incurred by the Government as a result of the cancellation of the appointment. The loss shall be calculated according to the formula L = D × R, where,-

(c)      L represents loss to the Government,

(d)      D represents the difference between the number of standard bags which have been specified in the notice issued under rule 3 for the unit, and the number of standard bags which may subsequently be collected and delivered from that unit, and

(e)      R represents royalty per standard bag, which shall be the rate per standard bag at which the Government sells tendu leaves minus all expenses on the purchase, collection and other incidental per standard bag incurred by the Government, till delivery of tendu leaves to a purchaser.

(12)   (a) Every agent appointed under this rule for any unit shall, before signing the agreement, deposit as security for the proper execution and performance of the agency, a sum to be calculated according to the formula where, -

[S=B(P-C)/[13][20]

(i)       s represents the security deposit; .

(ii)      B represents the number of standard bags of tendu leaves mentioned against the unit in the notice under sub-rule (1) of rule 3 or subsequently fixed by the State Government or an officer authorised by it;

(iii)     P represents the rate per standard bag at which the tendu leaves from the unit are sold or otherwise disposed of by the Government; and

(iv)    C represents the maximum cost of collection per standard bag fixed by the Government for the unit.

In the event of the agent not being able to deposit the amount of such security, any other person may be allowed to deposit the said amount on his behalf subject, however, to the condition that the amount so deposited shall, for the purposes of these rules and the agreement, be subject to the same terms and conditions as if such amount had been deposited by the agent himself.

(b) The security deposit shall either be in cash and credited to Government Treasury under the head Revenue Deposit in the name of the Divisional Forest Officer, or be in the form of a Bank Draft, [14][or of Bank guarantee, in the form in which guarantees are offered by Scheduled Banks to the Departments of the Government of Maharashtra under the Bank Guarantee Scheme] or National Savings Certificate or 10-Year Treasury savings Deposit Certificate, or 12-Year National Defence Certificate, duly transferred in the name of the Divisional Forest Officer.

(c) The security deposit shall, either wholly or in part, as the case may be, be adjusted by the Divisional Forest Officer towards the recovery, if any, of the penalty for short collection of tendu leaves, compensation, damages and any other dues which may be recoverable under the terms and conditions of the agreement and these rules; and if ordered by the Divisional Forest Officer in writing, all such deductions shall be made good by the agent by deposit of an equivalent amount within fifteen days of the receipt: of the notice to that effect.

(d) If the dues to be recovered from any agent exceed the amount of the security deposit then unless the amount in excess is made good within the period referred to in clause (c) the same shall be liable to be recovered in the manner provided for in the agreement.

(e) The security deposit or the balance, as the case may be, shall be refunded to the agent or to the person who was allowed to deposit it under clause (a) on behalf of the agent, after the Divisional Forest Officer is satisfied that the agent has satisfactorily performed his duties and obligations in accordance with the terms and conditions of his agreement and the provisions of these rules, and that no amount whatsoever is due from him.

(f) In addition to the security deposit mentioned in clause (a), the agent shall, within one month from the date of the execution of the agreement, furnish a certificate of personal solvency or a surety bond of an independent surety holding such certificate, [15][equal to twice] the cash security provided for by clause (a).

(13)   (a) Unless otherwise directed by the Divisional Forest Officer, the agent shall purchase tendu leaves from persons mentioned in item (b) of sub-clause (ii) of clause (d) of section 2 and collect tendu leaves from Government land at the depot or depots set up in accordance with the provisions of section 8 and these rules, and in accordance with the terms and conditions of the agreement entered into by the agent under these rules. The Divisional Forest Officer may, from time to time, give him appropriate directions in this behalf, not inconsistent with the provisions of the Ordinance, these rules and the said agreement.

(b) The agent shall also, if so required, do pruning of tendu plants within the unit in accordance with the instructions issued to him by the Divisional Forest Officer, in this behalf.

(c) The agent shall not slacken or stop the work of purchase and collection in any of the depots within the unit except under and in accordance with prior orders in writing of the Divisional Forest Officer or an Officer authorised by him in this behalf.

(14)   Subject to any orders of the Divisional Forest Officer in writing directing the agent to withhold delivery to the purchaser, or to deliver to, another person, any specified quantity of tendu leaves from specified depots, the agent shall deliver immediately and in the manner directed, by the Divisional Forest Officer tendu leaves purchased or collected by him, to the purchaser :

Provided that, no such delivery shall be made, unless the agent has ensured that the necessary payment has been made for the tendu leaves to be so delivered.

(15)   The agent shall maintain such accounts and submit such periodical returns, as may be directed by the State Government. Such accounts shall be submitted to the Divisional Forest Officer or to any other Officer authorised by him in this behalf.

(16)   Nothing in the foregoing provisions shall be construed to confer on the agent the exclusive right to purchase and collect tendu leaves in the unit for which he is appointed as an agent and the State Government shall have the right to purchase and collect tendu leaves in that unit through any Officer authorised by it in writing, in that behalf.

Rule - 4. Transport permits.

(1)     Every person desiring to transport tendu leaves whether for use within the State or for sale outside the State shall make an application in Form C to the Dvisional Forest Officer or any Officer authorised by him in that behalf (hereinafter referred to as the Permit Officer).

(2)     On receipt of an application under sub-rule (1) the Permit Officer may make such inquiries as he may deem necessary and if he is satisfied that there is no objection to grant the permit applied for, he may grant to the applicant anyone or more of the following permits, namely:

(a)      for transport of tendu leaves from any depot set up in any unit under section 8 to a storage godown of the manufacturer or exporter, apermit in Form TP-I (Main) and also a permit in Form TP-I (Subsidiary) [where the tendu leaves are to be transported in small bulk not exceeding the quantities permitted to be transported under permit in Form TP-I (Main)].

(b)      for transport from one storage godown to another or to a distribution centre of the manufacturer or exporter, a permit in Form TP-II, and

(c)      for transport outside the State a permit in Form TP-III :

Provided that, if the Permit Officer has reason to believe that the tendu leaves in respect of which the application has been made have not been purchased from the State Government or the authorised Officer or agent, he may, after giving the applicant such opportunity of being heard, reject such application by an order in writing, after recording his reasons for such rejection.

(3)     Notwithstanding anything contained in sub-rule (2), the Divisional Forest Officer may authorise any person not being an officer, to grant a permit in Form TP-I (Subsidiary) and TP-II and may for good and sufficient reasons cancel such authorisation to issue the permits.

(4)     All transport permits shall be subject to the following conditions, namely:

(a)      Each consignment of tendu leaves during movement by any mode of transport, that is to say, by road, rail, water or air, shall be accompanied by an appropriate permit;

(b)      The tendu leaves shall be transported only by the route specified in the permit and shall be produced for checking at such place or places as may be specified therein;

(c)      Except with the permission in writing of the permit Officer, the tendu 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 shall be liable to be cancelled by the Divisional Forest Officer if he has reason to believe that it has been misused; [16][* * *]

[17][An appeal against an order of such cancellation may be made to the Conservator of Forests within a period of thirty days [18][from the date of receipt of such order by the appellant]. An appeal made after the expiry of such thirty days may be admitted if the Conservator is satisfied that the appellant was prevented from filing the appeal in time for any sufficient cause].

(f)       All transport permits, after transporting tendu leaves or after the expiry of the period mentioned therein, whichever is earlier, shall be returned within a fortnight to the nearest Divisional Forest Officer or the Range Forest Officer.

Rule - 5. Procedure for conducting business of the Advisory Committee.

(1)     The State Government shall, subject to the provisions of section 6, publish the names of the members of each Advisory Committee constituted under that section, appointing one member as the Chairman and another as the Convenor.

(2)     Every meeting of the committee shall be presided over by the Chairman, and in his absence, by the Convenor. If both the Chairman and the Convenor are absent, the members present shall elect one of the members present as the Chairman and proceed with the meeting.

(3)     The Chairman of the Committee shall fix the date, time and place of the meeting. Advance notice of the meeting, (of not less than seven days in case of an ordinary meeting and not less than three days in case of an emergent meeting), shall be given to all the members of the Committee.

(4)     Four members of the Committee shall constitute the quorum.

(5)     The proceedings of the meeting shall be drawn up before the close of the meeting, and shall be authenticated by the signature of the members present at such meeting.

(6)     The Committee’s advice shall be conveyed to State Government through the proceedings of the meetings, which shall be sent so as to reach the Secretary to the Government in charge of the Revenue and Forests Department, before the expiry of the period specified by the Government under sub-section (5) of section 6, or within the period extended by the State Government under the proviso to section 7. The request for extension of time on behalf of the Committee shall be made well in advance by the Convenor.

(7)     [19][(a) The non-official members of the Committee who are members of the State Legislature or of the Parliament, shall be entitled to draw travelling and daily allowances in accordance with the law relating to allowances of Members of the State Legislature, or, as the case may be, of the Parliament. All other non-official members of the Committee shall be entitled to travelling and daily allowances in accordance with the scale I given below clause (b) of sub-rule (1) of rule 1 under section I of Appendix XLII-A of the Bombay Civil Services Rules, 1959].

(b) The travelling allowance bills shall be presented to the Convenor who shall, after scrutiny thereof countersign the Bills, and disburse the allowances.

Rule - 6. Other manner of publication of price under section 7.

The price fixed in respect of tehdu leaves under section 7 shall be published, in addition to the publication in the Official Gazette, also in such newspapers having circulation in such Revenue Commissioner s Division or Divisions, as the State Government may deem appropriate.

Rule - 7. Registration of growers.

(1)     Every grower of tendu leaves (other than the State Government) shall, if the quantity of leaves grown by him during any year is likely to exceed one standard bag, yet himself registered under section 10.

(2)     An application for registration as a grower shall be in Form D, and be presented to the Range Forest Officer within whose jurisdiction the grower’s land on which tendu plants grow, is situate. The Range Forest Officer, shall after due verification, forward the application within 30 days of its receipt to the Divisional Forest Officer who, after making such enquiry as he may deem necessary, may grant a certificate in Form E, or reject the application after recording his reasons therefor.

(3)     The certificate of registration shall be valid till such time as it is cancelled by the Divisional Forest Officer for reasons to be recorded by him in writing, or till the time the applicant is in possession of the land in respect of which the certificate of registration has been obtained, whichever is earlier.

(4)     If the certificate is lost, destroyed or mutilated a certified copy thereof may be obtained from the Divisional Forest Officer on payment of rupee one for each copy thereof.

(5)     The certificate of registration shall, when tendu leaves are offered for sale at the depot set up in the unit under section 8, be produced before the authorised officer or agent purchasing the tendu leaves for entries being made of the quantity of tendu leaves purchased by him.

(6)     If so required by the State Government, every grower of tendu leaves holding a certificate of registration shall furnish, not later than the 15th day of July each year, information as to the total quantity of tendu leaves in standard bags collected by him and its disposal during the plucking season ending on the 30th day of June, in such Form as the State Government may direct. In the event of failure to submit the said information on or before the aforesaid date, the certificate of registration shall be liable to be cancelled.

Rule - 8. Procedure of enquiry about rejected tendu leaves.

(1)     On receipt of a complaint under sub-section (2) of section 9, the officer holding the enquiry shall, as soon as possible, intimate the place, date and time fixed for holding the enquiry, to the complainant.

(2)     On the date fixed or on any subsequent date of which the enquiry may be adjourned, such officer shall, after hearing the complainant or his duly authorised representative who may appear before him, and making such further enquiry as he may deem necessary, pass such orders in terms of sub-section (3) or (4) of section 9 as he may consider fit.

(3)     If the complainant does not appear either personally or through his duly authorised representative, the enquiry officer shall take decision ex-parte after making such enquiry as he may deem necessary:

Provided that, if the Enquiry Officer is satisfied that the nonappearance of the complainant 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)     Any compensation ordered to be paid as a result of the enquiry or any collection charges so ordered to be paid under sub-section (4) of section 9 shall be paid within one month from the communication of the orders to the person concerned.

Rule - 9. Registration of manufacturers of bidis and exporters of tendu leaves.

(1)     Every manufacturer of bidis and every exporter of tendu leaves shall get himself registered under section 11 in the manner hereinafter provided on payment of a registration fee of fifty rupees.

(2)     An application for registration shall be in Form F and shall be presented to the Divisional Forest Officer within whose jurisdiction the manufacturer of bidis or as the case may be, the exporter of tendu leaves resides, or the principal place of his business is situate. If the manufacturer of bidis or, as the case may be, the exporter of tendu leaves resides outside the State, he may submit his application to any Divisional Forest Officer within the State. The application shall specify the calender year for which registration is required, and shall be accompanied by evidence of payment of the registration fee. The Divisional Forest Officer may, after making such enquiry as he deems necessary, grant a certificate of registration in Form G or reject the application, after recording his reasons therefor.

(3)     The registration shall be valid for the calender year for which the certificate of registration is issued.

(4)     Every registered manufacturer of bidis or exporter of tendu leaves shall maintain a register of accounts of tendu leaves in Form H. He shall submit to the Divisional Forest Officer returns of stocks of tendu leaves in Form I twice every year in respect of stocks as on the 31st March and the 30th September, not later than such date or dates as the Divisional Forest Officer may direct.

(5)     On receipt of the certificate of registration granted by the Divisional Forest Officer under sub-rule (2), every manufacturer of bidis and every exporter of tendu leaves shall furnish a declaration in Form J to the Divisional Forest Officer on or before the 31st March or such other date as may be specified by the State Government.

(6)     If a certificate is lost, destroyed or mutilated, a certified copy thereof may be obtained from the Divisional Forest Officer on payment of rupees five for each copy thereof.

(7)     (a) Where any manufacturer of bidis or exporter of tendu leaves has committed any breach of these rules, or has been prosecuted under section 15 of the [20][Act] and found guilty, the certificate of registration granted to him shall be liable to be cancelled by the Conservator of Forests :

Provided that, before the certificate of registration is cancelled on the ground of breach of any rule, the manufacturer or exporter concerned shall be given an opportunity of being heard.

(b) An appeal shall lie to the State Government against an Order of the Conservator of Forests cancelling the certificate of registration, which shall be made within three months from the date of such order.

Rule - 10. Certificate of Sale.

The State Government or the authorised officer or an agent who sells or delivers leaves to the purchaser shall grant to him a certificate of sale in Form K. Any person who claims to have purchased tendu leaves from the State Government or its authorised officer or agent shall be required to produce such certificate in support of his claim failing which his claim shall not be accepted.