Restriction on sale, purchase and transport of tendu leaves

§5

Summary

1[(1)] On and after the appointed day- (a) no person shall sell tendu leaves to any person other than the State Government or an officer of the State Government authorised by it in that behalf or an agent in respect of the unit in which the leaves have grown; (b) no person other than such Government, officer or agent shall purchase tendu leaves from any person other than such Government officer or agent, or collect tendu leaves grown on any land of which he is not owner or tenure-holder; (c) no person other than such Government, officer or agent shall transport tendu leaves except in the following cases namely :- (i) where he being a grower of tendu leaves transports them from any place within the unit wherein such leaves have grown to any other place in that unit; or (ii) where he transports them on behalf of such Government officer or agent; or (iii) where he has purchased the leaves from such Government officer or agent either for the manufacture of bidis within Uttar Pradesh or for sale of the leaves outside Uttar Pradesh, and he transports them outside the unit in accordance with the terms and conditions of a permit issued in that behalf by such authority and in such manner as may be prescribed. [(2) Notwithstanding anything contained in sub-section (1) the State Government or an officer of the State Government authorised by it in that behalf may on such terms and conditions and in such manner as may be prescribed,- (a) permit any person who had purchased tendu leaves in the year 1971 or earlier,- (i) to sell such leaves to any person other than the State Government or an officer or agent referred to in clause (a) of sub-section (1), and permit any person other than such Government, officer or agent to purchase the said leaves; or (ii) to transport such leaves to any place within Uttar Pradesh or to export them outside Uttar Pradesh; or (b) permit any person referred to in sub-clause (iii) of clause (c) of subsection (1) to sell within Uttar Pradesh any tendu leaves which he has been unable to utilise in the manufacture of bidis within Uttar Pradesh or, as the case may be, to export outside Uttar Pradesh; or (c) permit any person, who has purchased any tendu leaves outside Uttar Pradesh to bring them inside the State either for manufacture of bidis within the State or for transporting them elsewhere outside Uttar Pradesh; or (d) permit any person, who has purchased any tendu leaves within Uttar Pradesh outside any area to which this Act applies to transport them to any area to which this Act applies for the manufacture of bidis.] 2[(3) A person to whom a permit referred to in clause (b) or clause (c) of clause (d) of sub-section (2) is granted shall be liable to pay, in the manner prescribed, a tax at the rate of three rupees per standard bag of tendu leaves.] Section 4 of U.P. Act 5 of 1980 4. Validation.-(1) Notwithstanding anything contained in any judgment, decree or order of any court to the contrary, anything done or purporting to have been done and any action taken or purporting to have been taken (Including order made, proceedings taken, jurisdiction exercised) under the principal Act, as it exited immediately before the commencement of this Act, shall be deemed to be and always to have been done or taken under the principal Act 21 amended by this Act and to be and arts have been as valid and lawfully done or taken as if the provisions of this Act were in fource at all material times. (2) Without prejudice to the generality of the provisions contained in sub-section (1), fee for permit levied or collected or purported to have been levied or collected under the principal Ag, rules or notifications there under shall be deemed to have been validly levied or collected l tax in accordance with law under the principal Act as amended by this Act as if the provisions of this Act were in fource at all material time, and accordingly (a) no suit or other proceeding shall be maintained are contained in any court for the refund of any fees paid or purported to have been paid under the provisions of the principal Act or rules made or notifications issued there under; (b) no court or authority shall enforce a decree or order directing refund of any fee paid or purported to have been paid under the said Act, rules or notifications. 3[5A. (1) Notwithstanding anything contained in this Act but subject to Section 16, the State Government or an officer empowered by it by general or special order in this behalf, may, by permit, authorise in the manner prescribed a person to whom the State Government has sold or with whom it has agreed to sell tendu leaves to collect the same on its behalf directly form the grower of tendu leaves, on payment of price thereof to such growers. (2) The permit referred to in sub-section (1) shall specify the estimated quantity sold, the name of the grower of tendu leaves, the amount required to be paid to such grower and such other particular as may be prescribed. (3) A person authorised under sub-section (1) shall be deemed to be an agent for all or any of the purposes of this Act as may be prescribed, but shall not be entitled to payment of any amount by way of commission or otherwise for the collection of tendu leaves.]

1[(1)] On and after the appointed day- (a) no person shall sell tendu leaves to any person other than the State Government or an officer of the State Government authorised by it in that behalf or an agent in respect of the unit in which the leaves have grown; (b) no person other than such Government, officer or agent shall purchase tendu leaves from any person other than such Government officer or agent, or collect tendu leaves grown on any land of which he is not owner or tenure-holder; (c) no person other than such Government, officer or agent shall transport tendu leaves except in the following cases namely :- (i) where he being a grower of tendu leaves transports them from any place within the unit wherein such leaves have grown to any other place in that unit; or (ii) where he transports them on behalf of such Government officer or agent; or (iii) where he has purchased the leaves from such Government officer or agent either for the manufacture of bidis within Uttar Pradesh or for sale of the leaves outside Uttar Pradesh, and he transports them outside the unit in accordance with the terms and conditions of a permit issued in that behalf by such authority and in such manner as may be prescribed. [(2) Notwithstanding anything contained in sub-section (1) the State Government or an officer of the State Government authorised by it in that behalf may on such terms and conditions and in such manner as may be prescribed,- (a) permit any person who had purchased tendu leaves in the year 1971 or earlier,- (i) to sell such leaves to any person other than the State Government or an officer or agent referred to in clause (a) of sub-section (1), and permit any person other than such Government, officer or agent to purchase the said leaves; or (ii) to transport such leaves to any place within Uttar Pradesh or to export them outside Uttar Pradesh; or (b) permit any person referred to in sub-clause (iii) of clause (c) of subsection (1) to sell within Uttar Pradesh any tendu leaves which he has been unable to utilise in the manufacture of bidis within Uttar Pradesh or, as the case may be, to export outside Uttar Pradesh; or (c) permit any person, who has purchased any tendu leaves outside Uttar Pradesh to bring them inside the State either for manufacture of bidis within the State or for transporting them elsewhere outside Uttar Pradesh; or (d) permit any person, who has purchased any tendu leaves within Uttar Pradesh outside any area to which this Act applies to transport them to any area to which this Act applies for the manufacture of bidis.] 2[(3) A person to whom a permit referred to in clause (b) or clause (c) of clause (d) of sub-section (2) is granted shall be liable to pay, in the manner prescribed, a tax at the rate of three rupees per standard bag of tendu leaves.] Section 4 of U.P. Act 5 of 1980 4. Validation.-(1) Notwithstanding anything contained in any judgment, decree or order of any court to the contrary, anything done or purporting to have been done and any action taken or purporting to have been taken (Including order made, proceedings taken, jurisdiction exercised) under the principal Act, as it exited immediately before the commencement of this Act, shall be deemed to be and always to have been done or taken under the principal Act 21 amended by this Act and to be and arts have been as valid and lawfully done or taken as if the provisions of this Act were in fource at all material times. (2) Without prejudice to the generality of the provisions contained in sub-section (1), fee for permit levied or collected or purported to have been levied or collected under the principal Ag, rules or notifications there under shall be deemed to have been validly levied or collected l tax in accordance with law under the principal Act as amended by this Act as if the provisions of this Act were in fource at all material time, and accordingly (a) no suit or other proceeding shall be maintained are contained in any court for the refund of any fees paid or purported to have been paid under the provisions of the principal Act or rules made or notifications issued there under; (b) no court or authority shall enforce a decree or order directing refund of any fee paid or purported to have been paid under the said Act, rules or notifications. 3[5A. (1) Notwithstanding anything contained in this Act but subject to Section 16, the State Government or an officer empowered by it by general or special order in this behalf, may, by permit, authorise in the manner prescribed a person to whom the State Government has sold or with whom it has agreed to sell tendu leaves to collect the same on its behalf directly form the grower of tendu leaves, on payment of price thereof to such growers. (2) The permit referred to in sub-section (1) shall specify the estimated quantity sold, the name of the grower of tendu leaves, the amount required to be paid to such grower and such other particular as may be prescribed. (3) A person authorised under sub-section (1) shall be deemed to be an agent for all or any of the purposes of this Act as may be prescribed, but shall not be entitled to payment of any amount by way of commission or otherwise for the collection of tendu leaves.]

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