The Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971

THE ANDHRA PRADESH MINOR FOREST PRODUCE (REGULATION OF
TRADE) ACT, 1971
Act No. 4 of 1971
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent, commencement and application
2. Definitions
3. Constitution of units
4. Appointment of agents
5. Restriction on purchase of transport of minor forest produce
6. Constitution of Advisory Committee
7. Government to fix price in consultation with Committee
8. Opening of depots and publication of price list etc, at depots
9. Government authorised officer or agent to purchase minor forest
produce
10. Registration
11. Registration of manufacturers of finished goods using minor forest
produce and exporters of minor forest produce
12. Disposal of minor forest produce
13. Delegation of powers
14. Power of entry, search, seizure etc
15. Penalty
16. Attempts and abetment
17. Cognizance of offences
18. Savings in respect of acts done in goodfaith
19. Power to make rules
20. Act 1 of 1967 not to apply to minor forest produce
21. Power to remove difficulty
THE ANDHRA PRADESH MINOR FOREST PRODUCE (REGULATION OF
TRADE) ACT, 1971
Act No. 4 of 1971
AN ACT TO MAKE PROVISION FOR REGULATING IN THE PUBLIC
INTEREST THE TRADE OF CERTAIN MINOR FOREST PRODUCE BY
CREATION OF A STATE MONOPOLY IN SUCH TRADE IN THE STATE
OF ANDHRA PRADESH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the
Twenty-first year of the Republic of India as follows:-
1. Short title, extent, commencement and application -(1) This Act may be
called the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act,
1971.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force in such area and on such date as the
Government may by notification specify and they may specify different dates for
different areas.
(4) It shall apply to every minor forest produce specified in the Schedule.
2. Definitions - In this Act, unless the context otherwise requires,-
(1) "agent" means an agent appointed under section 4;
(2) "Committee" means an Advisory Committee constituted under sub-
section (1) of section 6;
(3)"Government" means the State Government;
(4) "grower" means--
(i) In respect of any minor forest produce grown in any land
constituted as reserved forest or in any forest or waste land
declared as protected forest under the Andhra Pradesh Forest Act,
(Act 1 of 1967), the Government; and
(ii) in respect of any minor forest produce grown in any other
land—
(a) the Government, where the minor forest produce is grown
on unoccupied land which is the property of the Government
or which is placed under their control and management;
(b) the owner, occupier, tenant, lessee or other person having
right to the possession and enjoyment of the land included
in a unit, on which the minor forest produce is grown and
includes every person, who, from time to time, claims title to
such produce through him;
(5) "minor forest produce" means any forest produce other than timber,
trees, (excluding bamboos) and charcoal, specified in the Schedule;
(6) "notification" means a notification published in the Andhra Pradesh
Gazette;
(7) "specified area" means the area specified in the notification under
sub-section (3) of Section 1;
(8) "unit" means a sub division of a specified area constituted into a unit
under section 3;
(9) words and expression used but not defined in this Act, and defined in
the Andhra Pradesh Forest Act, 1967 (Act 1 of 1967) shall have meanings
respectively assigned to them in that Act.
3. Constitution of units - The Government may, from time to time, divide
every specified area into such number of units as they may deem fit in respect
of each minor forest produce.
4. Appointment of agents - (1) The Government may, for the purposes, of
purchase of and trade in, any minor forest produce on their behalf, appoint an
agent for each unit;
Provided that nothing in this sub section shall prevent the appointment
of the same person as agent for more than one unit.
(2) The terms and conditions of, and the procedure for appointment of
agents shall be such as may be prescribed.
5. Restriction on purchase or transport of minor forest produce - (1) Upon
the issue of a notification under sub section (3) of section 1 in respect of an
area, no person other than—
(a) the Government, or
(b) an officer of the Government authorised in writing by them in
that behalf (hereafter in this Act referred to as the authorised
officer), or
(c) an agent appointed for a unit;
1[shall sell or purchase or cure or otherwise process or collect or store or
transport] any minor forest produce to which this Act applies.
2[Explanation- Any sale to, or purchase from, the Government, the authorised
officer or the agent, of a minor forest produce, shall not be deemed to be a sale
or purchase in contravention of the provisions of this section.]
(2) Notwithstanding anything in sub-section (1),-
3[(a) a registered grower may collect any minor forest produce from
any land belonging to him on which such produce is grown, and
may transport the minor forest produce so collected from such
land to the nearest depot within the unit in which the said land is
included; and]
(b) minor forest produce purchased from the Government or from
any authorised officer or agent, by any person for manufacture of
finished goods within the State using such produce, or by any
person for sale of such produce outside the State,4[may be cured
or otherwise processed or stored or transported by such person
within or outside the unit] in accordance with the terms and
conditions of a permit, to be issued in that behalf by such
authority and in such manner as may be prescribed.
5[Explanation- For the purposes of this clause, the expression “transport by
such person within or outside the unit” means the transport of minor forest
produce at all stages, including the transport to any subsidiary distribution
centre situated at a place of work or manufacture.]
6[(3) Any person desiring to sell any minor forest produce may sell the
produce to the Government or the authorised officer or agent in such form and
in such manner as may be prescribed.]
7[(4) No grower shall carry on –
1 . The words substituted by the Act No. 21 of 1974, Section 2.2 . The Explanation substituted by the Act No. 21 of 1974, Section 2.3 . The clause substituted by the Act No. 21 of 1974, Section 2.4 . The words substituted by the Act No. 21 of 1974, Section 2.5 . The Explanation inserted by the Act No. 21 of 1974, Section 2.6 . The sub-section substituted by the Act No. 21 of 1974, Section 2.7 . The sub-section added by the Act No. 21 of 1974, Section 2.
(a) any trade or business in,
(b) any industry with the use of,
the minor forest produce to which this Act applies, except in accordance with
the provisions of this Act or the rules made thereunder.]
6. Constitution of Advisory Committee - (1) The Government shall, for each
year commencing on the 1st day of July and ending on the 30th day of June
next following, constitute, in respect of each minor forest produce, an Advisory
Committee for one or more forest divisions in the State consisting of such
number of members not less than six but not more than nine, as may be
notified by the Government, from time to time for the purpose of advising the
Government in the matter of fixation from time to time, of a fair and reasonable
price at which such produce, as is offered for sale in a division or divisions,
may be purchased by the Government or their authorised officer or agent in
accordance with the provisions of this Act.
Provided that two of the members shall be from amongst the traders of
the respective minor forest produce, or manufacturers of finished goods using
such produce; and four members shall be from amongst the growers of the
respective minor forest produce other than the Government.
(2) It shall also be the duty of the Committee to advise the government on
such other matters as may be referred to it by the Government for carrying out
the purposes of this Act.
(3) The business of the Committee shall be transacted in such manner as
may be prescribed.
(4) The members of the Committee shall be entitled to such allowances as
may be prescribed.
(5) The Committee shall tender its advice to the Government within such
period as the Government may specify in this behalf.
7. Government to fix price in consultation with Committee - The
Government shall, by notification and after consultation with the Committee,
fix the price at which any particular minor forest produce shall be purchased
by them or by any authorised officer or agent,1[from growers of that produce
registered under section 10] and the price so fixed shall also be published in
such other manner as may be prescribed not later than the 31st day of
December; and the price so fixed shall not be altered during the year to which
the price relates:
Provided that if the Committee fails to tender its advice in regard to the
fixation of such price within the period specified under sub-section (5) of
section 6, or such further period, not exceeding fifteen days, as the
Government may allow, the Government may proceed to fix the price without
further consultation with the Committee:
Provided further that different prices may be fixed in relation to different
units, and in so doing regard shall be had amongst other things, to—
(a) price of the respective minor forest produce obtained or fixed
under this Act, or any enactment during the preceding three years
in respect of the area comprised in the unit;
(b) the quality of the minor forest produce grown in the unit;
(c) transport facilities available in the unit;
(d) the cost of transport; and
(e) the general level of wages for unskilled labour prevalent in the
unit.
1 . The words substituted by the Act No. 21 of 1974, Section 3.
8. Opening of depots and publication of price list etc, at depots - There
shall be set up in each unit such number of depots and at such places, as the
Government may, taking into consideration the convenience of the growers of
the respective minor forest produce, direct. A price list of such produce fixed by
the Government under section 7 and the hours of business shall be
prominently displayed on a notice-board kept for the purpose at every such
depot.
9. Government, authorised officer or agent to purchase minor forest
produce –1[(1) The Government or authorised officer or agent shall be bound
to purchase the minor forest produce offered for sale at the depot during the
hours of business in the raw form, from all the growers, registered under
section 10 at the price fixed under section 7:]
Provided that it shall be open to the Government or authorised officer or
agent to refuse to purchase any minor forest produce which, in the opinion of
the Government or authorised officer or agent, as the case may be, is not fit for
the purpose of manufacture of finished goods using such produce or for any
other commercial purpose.
(2) Any person aggrieved by the refusal to purchase the minor forest
produce by an authorised officer or agent under the proviso to sub-section (1)
may, within fifteen days therefrom, prefer an appeal to the Divisional Forest
Officer, or such other officer as may be empowered by the Government in this
behalf,  having jurisdiction over the unit.
(3) On receipt of an appeal under sub-section (2), the Divisional Forest
Officer or other officer, as the case may be, shall hold an inquiry, on the spot or
at any convenient place, in the prescribed manner and after hearing the parties
concerned or their representatives, shall pass such order as he may deem fit,
and in case he finds the refusal to purchase the minor forest produce to be
improper, he may,--
(a) where he considers the minor forest produce in question still
suitable for the manufacture of finished goods or for any other
commercial purpose, direct the authorised officer or agent, as the
case may be, to purchase the same at the price fixed for it and may
also award to the person aggrieved such further compensation not
exceeding twenty per centum of the price of the produce payable to
him, as he may deem fit;
(b) where he considers that the minor forest produce in question
has since become unsuitable for manufacture of finished goods or
for any other commercial purpose, direct the payment to the
person aggrieved of any amount not less than the price of such
minor forest produce payable to him under sub-section (1) and
such further compensation not exceeding twenty per centum of
such price, as he may deem fit, by way of damages for the loss
suffered by such person.
(4) Nothing in this section shall be construed as to debar the
appropriation of any minor forest produce offered for sale, if the Government or
authorised officer or agent has reason to believe that such produce appertains
to forest or lands belonging to or under the control of the Government, and
paying only such collection charges, if any, as the Government may, from time
to time, determine:
Provided that in the case of any dispute in the matter, the Divisional
Forest Officer or other officer, as the case may be, shall hear and dispose of the
same in the manner provided in sub-section (3).
(5) Any person aggrieved by the decision referred to in the proviso to sub-
section (4) may; within a period of thirty days from the date of receipt of such
1 . The paragraph substituted by the Act No. 21 of 1974, Section 4.
decision, prefer an appeal to the Government; and the decision of the
Government on such appeal shall be final.
10. Registration –1[(1)] Every grower, other than the Government, shall if the
quantity of the minor forest produce grown by him during a year is likely to
exceed such quantity as may be prescribed, get himself registered in such
manner as may be prescribed.
2[(2) As soon as may be after a grower applies for registration under sub-
section (1), the Divisional Forrest Officer shall, after making such inquiry and
verification as he deems fit, issue a certificate of registration to the grower
specifying the approximate quantity of the minor forest produce that would be
available in a season from the land of the grower:
Provided that a certificate of registration issued under this sub-section
shall, unless cancelled earlier by the Divisional Forest Officer for reasons to be
recorded in writing, be valid for a period of three years from the date of issue or
until the grower is in possession of the land in respect of which the certificate
has been issued, whichever is earlier.
(3) An appeal shall lie to the Conservator of Forests concerned against
the certificate of registration issued by the Divisional Forest Officer under sub-
section (2) within fifteen days from the date of issue of the certificate and the
decision of the Conservator of Forests thereon shall be final and shall not be
questioned in any court of law.]
11. Registration of manufacturers of finished goods using minor forest
produce and exporters of minor forest produce - (1) Every manufacturer of
finished goods using minor forest produce, and every exporter of minor forest
produce shall get himself registered within such period, on payment of such
fee, and in such manner, as may be prescribed.
(2) Every such manufacturer and exporter registered under
sub-section (1) shall furnish a declaration in such form, by such date, and in
such manner, as may be prescribed.
12. Disposal of minor forest produce - Any minor forest produce purchased
by the Government or authorised officer or agent under this Act shall be sold or
otherwise disposed of in such manner as the Government may direct.
13. Delegation of power - The Government may, by notification, delegate any
of their powers or functions under this Act, or the rules made thereunder to
any officer not below the rank of an Assistant Conservator of Forests, or to any
authority, who shall exercise or perform the same, subject to such conditions
and restrictions as the Government may specify in the notification.
14. Power of entry, search seizure, etc., - (1) Any forest officer or police
officer not below the rank of a Sub-Inspector, or any other person authorised
by the Government in this behalf may, with a view to securing compliance with
the provisions of this Act, or the rules made thereunder or to satisfying himself
that the said provisions have been complied with—
(i) stop and search any person, boat, vehicle or receptacle
used or intended to be used for the transport of a minor
forest produce;
(ii) entered and search any place; and
(iii) where there is reason to believe that an offence
punishable under this Act or any rule made thereunder has
been committed in respect of any minor forest produce, seize
such minor forest produce together with the receptacles, if
any, in which it is contained and all tools, ropes, chains,
1 . Section 10 renumbered as sub-section (1) by Act No. 21 of 1974.2 . Added by Act No. 21 of 1974.
boats, vehicles or cattle used in committing any such
offence.
(2) Every officer seizing minor forest produce and other property under
clause (iii) of sub-section (1) shall place on such produce or other property a
mark indicating that the same has been so seized and shall, except where the
offender agrees in writing forthwith to get the offence compounded in the
manner prescribed, make a report of seizure to the Magistrate.
(3) Any forest officer not below the rank of a Ranger who, or whose
subordinate, has seized any property, other than the minor forest produce,
under clause (iii) of sub-section (1) may release the same on the execution by
the owner thereof a bond for the production of the property so released, if and
when so required, before the Magistrate.
(4) Upon the receipt of any report under sub-section (2), the Magistrate
shall, except where the offence is compounded, take such measures as may be
necessary for the trial of the accused and the disposal of the minor forest
produce and other property according to law.
(5) The minor forest produce and other property seized under clause (iii)
of sub-section (1) shall be kept in the custody of the forest officer not below the
rank of the forest guard or village headman until the compensation for
compounding the offence is paid or until an order of the Magistrate directing its
disposal is received.
(6) The provisions of sections 102 and 103 of the Code of Criminal
Procedure, 1898, (Act V of 1898) relating to search and seizure shall, so far as
may be, apply to searches and seizures under this section.
15. Penalty - If any person contravenes any of the provisions of this Act or the
rules made thereunder—
(a) he shall be punished with imprisonment which may extend to
one year or with fine which may extend to two thousand rupees, or
with both;
(b) the minor forest produce in respect of which such contravention
has been made or such part thereof as the court may deem fit, and
any boat, vehicle other than a cart drawn by animals, vessel or
other conveyance or any other articles used in committing such
offence, shall be liable to confiscation;
Provided that if the court is of the opinion that it is not
necessary to direct confiscation in respect of the whole, or as the
case may be, any of the minor forest produce or other property, it
may, for reasons to be recorded, refrain from doing so.
16. Attempts and abetment - Any person who attempts to contravene, or
abets the contravention of, any provision of this Act or the rules made
thereunder shall be deemed to have contravened such provisions.
17. Cognizance of offences - No court shall take cognizance of any offence
punishable under this Act except on a report in writing of the facts constituting
such offence made by any forest officer, not below the rank of a Divisional
Forest Officer or such officer or such other officer as may be authorised by the
Government in this behalf.
18. Savings in respect of acts done in good faith - (1) No suit, prosecution or
other legal proceedings shall lie against any person for anything which is in
good faith done or intended to be so done in pursuance of this Act or the rules
made threunder.
(2) No suit or other legal proceedings shall lie against the Government for
any damage caused or likely to be caused or any injury suffered or likely to be
suffered by virtue of the provisions of this Act or by anything which is in good
faith done or intended to be so done in pursuance of this Act or the rules made
thereunder.
19. Power to make rules - (1) The Government may, by notification and
subject to the condition of previous publication, make rules to carry out all or
any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provision, such rules may provide for all or any of the following matters,
namely—
(a) the terms and conditions of, and the procedure to be followed in
making appointment of against;
(b) the manner of selling the minor forest produce to the
authorised officer or agent at a depot;
(c) the authority by whom, the manner in which and the conditions
subject to which, permits may be issued or, the transport within
the State of the minor forest produce to be brought from outside
the State may be regulated;
(d) the manner of transacting the business of the Committee and
the allowances to which the members thereof are entitled to;
(e) the publication of the price lists of minor forest produce;
(f) the manner of holding inquiries under this Act;
(g) the manner of registration under section 10;
(h) (i) the manner of registration, the period within which such
registration shall be made and the fee payable therefor, under sub-
section (1) of section 11;
(ii) the form of declaration, the authority to whom, the date
by which and the manner in which, the declaration shall be
furnished under sub-section (2) of section 11;
(i) the manner in which an offence punishable under this Act may
be compounded;
(j) any other matter which is either expressly or impliedly required
to be prescribed under this Act.
(3) Every rule made under this Act shall, immediately after it is made, be
laid before each House of the State Legislature if it is in session and if it is not
in session, in the session immediately following for a total period of fourteen
days which may be comprised in one session, or in two successive sessions,
and if, before the expiration of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the
rule or in the annulment of the rule, the rule shall, from the date on which the
modification or annulment is notified, have effect only in such modified form or
shall stand annulled, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
20. Act 1 of 1967 not to apply to minor forest produce  - Nothing in the
Andhra Pradesh Forest Act, 1967, shall apply to minor forest produce in
respect of the matters for which provisions are contained in this Act.
21. Power to remove difficulty - If any difficulty arises in giving effect to the
provisions of this Act, the Government may, subject to the provisions of
section 23, by notification, make such provisions, not inconsistent with the
provisions of this Act as appear to them to be necessary or expedient for the
purpose of removing the difficulty.
22. Power to amend the Schedule - The Government may, subject to the
provisions of section 23, from time to time, by notification, add to, or modify
the Schedule after considering the necessity in the public interest of regulating
the trade of any minor produce and on any such notification being issued, the
Schedule shall be deemed to be amended accordingly.
23. Application of section 19(3) to notifications under sections 21 and 22
- The provisions of sub-section (3) of section 19 shall apply in relation to a
notification issued under section 21 or under section 22, as they apply in
relation to a rule made under section 19 with the substitution of references to
the "notification" for reference to the "rule".
24. Repeal and saving - (1) The Andhra Pradesh Abnus Leaves Act, 1956 and
the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Ordinance,
1970 are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the Andhra Pradesh Minor Forest Produce (Regulation of Trade)
Ordinance, 1970 shall be deemed to have been done or taken under the
corresponding provisions of this Act as if this Act had come into force on the
6th October, 1970.
THE SCHEDULE
[See Sections 1(4) and 2(5)]
Abnus (or Tuniki or Beedi) Leaves.

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