State Government to purchase all tendu leaves offered for sale

§8

Summary

(1) The State Government shall be bound to purchase at the price fixed under Section 7 all tendu leaves offered for sale to or for it during the normal hours of business at a depot set up by the State Government in that behalf : Provided that it shall be open to an officer of the State Government or agent, as the case may be, appointed in that behalf to refuse to purchase any leaves which in his opinion are not fit for the purpose of manufacture of bidis. (2) Any person aggrieved by the rejection of his leaves by an officer or agent under the proviso to sub-section (1), may, within fifteen days therefrom, and in the manner prescribed, complain to the Divisional Forest Officer, or such other officer as may be empowered by the State Government in that behalf. (3) On receipt of a complaint under sub-section (2), the officer concerned shall hold summary inquiry and pass such order as he may deem fit, and in case finds the rejection of the leaves to be improper he may- (a) if he considers the leaves in question still suitable for manufacture of bids, direct the authorised officer or agent, as the case may be, to purchase the same and also direct the payment to the person aggrieved of such compensation not exceeding twenty per centum of the price of the leaves payable to him, as he may deem fit; or (b) if he considers that leaves in question have since become unsuitable for manufacture of bidis, he direct the authorised officer or agent, as the case may be to pay to the person aggrieved an amount equivalent to the price of such leaves payable to him under subsection (1) and such further compensation not exceeding ten per centum of such price as may deem fit by way of damages for the loss suffered by such person. (4) Notwithstanding, anything in sub-section (1), where the State Government or its authorised officer or agent has reason to believe that any tendu leaves offered for sale were grown on any land which is vested in and held by the State Government or which is constituted as reserved forest in and protected forest, such leaves may be appropriated without payment of price; and on payment only of such collection charges, if any, as the State Government may, from time to time, determine. (5) The provisions of sub-sections (2) and (3) shall mutatis mutandis apply in relation to any action taken under sub-section (4). (6) Every order passed under this section shall be final and shall not be called in question in any Court.

(1) The State Government shall be bound to purchase at the price fixed under Section 7 all tendu leaves offered for sale to or for it during the normal hours of business at a depot set up by the State Government in that behalf : Provided that it shall be open to an officer of the State Government or agent, as the case may be, appointed in that behalf to refuse to purchase any leaves which in his opinion are not fit for the purpose of manufacture of bidis. (2) Any person aggrieved by the rejection of his leaves by an officer or agent under the proviso to sub-section (1), may, within fifteen days therefrom, and in the manner prescribed, complain to the Divisional Forest Officer, or such other officer as may be empowered by the State Government in that behalf. (3) On receipt of a complaint under sub-section (2), the officer concerned shall hold summary inquiry and pass such order as he may deem fit, and in case finds the rejection of the leaves to be improper he may- (a) if he considers the leaves in question still suitable for manufacture of bids, direct the authorised officer or agent, as the case may be, to purchase the same and also direct the payment to the person aggrieved of such compensation not exceeding twenty per centum of the price of the leaves payable to him, as he may deem fit; or (b) if he considers that leaves in question have since become unsuitable for manufacture of bidis, he direct the authorised officer or agent, as the case may be to pay to the person aggrieved an amount equivalent to the price of such leaves payable to him under subsection (1) and such further compensation not exceeding ten per centum of such price as may deem fit by way of damages for the loss suffered by such person. (4) Notwithstanding, anything in sub-section (1), where the State Government or its authorised officer or agent has reason to believe that any tendu leaves offered for sale were grown on any land which is vested in and held by the State Government or which is constituted as reserved forest in and protected forest, such leaves may be appropriated without payment of price; and on payment only of such collection charges, if any, as the State Government may, from time to time, determine. (5) The provisions of sub-sections (2) and (3) shall mutatis mutandis apply in relation to any action taken under sub-section (4). (6) Every order passed under this section shall be final and shall not be called in question in any Court.

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