The Gujarat Minor Forest Produce Trade Nationalisation Act, 1979

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1979 : Guj. 7 ] Gujarat Minor Forest Produce Trade Nationalisation Act, 1979
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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT

Gujarat Act No. 7 of 1979

The Gujarat Minor Forest
Produce Trade Nationalisation Act, 1979

(As modified upto the 31st October, 2012)

[ 1979 : Guj. 7 Gujarat Minor Forest Produce Trade Nationalisation Act, 1979

THE GUJARAT MINOR FOREST PRODUCE TRADE NATIONALISATION
ACT, 1979.

CONTENTS.
PEEAMBLE.

SECTIONS.

1. Short title, extent and commencement.

2. Definitions.

3. Restriction on sale, purchase or transport of minor forest produce.

4. Fixation of price by State Government in consultation with Committee.

5. Constitution of units.

6. Appointment of agents.

7. Constitution of Advisory Committee.

8. Setting up purchasing centres and depots.

9. Purchase of Minor forest produce.

10. Appeal.

11. Registration.

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 offence.

18. Protection of action taken in good faith.

19. Declaration that Act gives effect to certain directive principles.

20. Power to make rules.

21. Indian Forest Act not to apply to minor forest produce for purposes covered
under this Act.

22. Removal of difficulties.

23. Repeal and saving.

1979 : Guj. 7 ] Gujarat Minor Forest Produce Trade Nationalisation Act, 1979
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GUJARAT ACT NO. 7 OF 1979.1 

[THE GUJARAT MINOR FOREST PRODUCE TRADE NATIONALISATION
ACT, 1979.]
[3rd March, 1979.]

An Act to provide for the nationalisation of trade in certain minor forest
produce in the State of Gujarat.

It is here by enacted in the Twenty -ninth Year of the Republic of India as
follows:-

1. (1) This Act may be called the Gujarat Minor Forest Produce Trade
Nationalisation Act, 1979.

(2) It extends to the whole of the State of Gujarat.

(3) It shall be deemed to have come into force on the 28th November,1978.

2. In this Act, unless the context otherwise requires,-

(1) "agent" means an agent appointed under section 6;

(2) "appointed day" means the 28th November, 1978 being the date on which
the Gujarat Minor Forest Produce Trade Nationalisation (Second) Ordinance,
1978 came into force;

(3) "authorised officer" means an officer of the State Government appointed
by it, by an order published in th e Official Gazette to sell, purchase or
transport any minor forest produce on behalf of the State Government under
the provi sions of this Act, and includes an officer of the Corporation
authorised by it under sub-section (3) of section 6;

(4) "Code" means the Bombay Land Revenue Code, 1879;

(5) "Committee" means the Advisory Committee constituted under subsection
(7) of section 7;

(6) "Corporation" means the Gujarat State Forest Development Corpora tion
Limited formed and incorporated under the Companies Act, 1956;

(7) "grower" means a person who grows any minor forest produce in the land
in his possession, whether as an occupant, tenant or in any other capacity, and
includes, in relation to such produce grown in any unoccupied land or any
forest land or waste -land comprised in any reserved or protected forest
constituted under the Indian Forest Act, 1927,-

(a) where such land is leased, the lessee, and

(b) where such land is not leased, the State Government;

(8) "import" means to bring into the State from outside the State other wise
than across a customs frontier;

(9) "minor forest produce" means any of the following classes of forest
produce:-

(a) timru leaves.

(b) mhowra flowers.

(d) any other class of forest produce which the State Government
may, by notification in the Official Gazette, declare to be a minor
Short title,
extent and
commencement.
Definitions.
Guj. Ord. 9
of 1978.
Bom. V of
1879.
I of 1966.
XVI of
1927.
[ 1979 : Guj. 7 Gujarat Minor Forest Produce Trade Nationalisation Act, 1979

forest produce for the purposes of this Act ;

(10) "prescribed" means prescribed by rules made under this Act;

(11) "State" means the State of Gujarat;

(12) "Unit" means an area of the State constituted as a unit under section 5;

(13) words and expressions used but not defined in this Act shall have the
meanings assigned to them, in the Code or, as the case may be, in the Indian
Forest Act, 1927.

3. (1) Notwithstanding anything contained in any law for the time being in force
or in any settlement, grant, agreement, usage, cus tom, or any decree or order
of a Court or any Tribunal or any document having the force of law, no
person other than the State Government, an authorised officer or an agent
shall sell, purchase or transport-

(i) with effect on and from the appointed day, any of the minor forest
produces specified in sub -clauses (a), (b) and (c) of clause (9) of
section 2, and

(ii) with effect on and from the date of publication in the Official
Gazette of a notification issued under sub -clause (d) of clause(9) of
section 2, the minor forest produce declared as such under such
notification.

(2) Subject to the provisions of the Bombay Prohibition Act, 1949, it shall be
lawful for-

(a) any person to sell any minor forest produce to, or purchase any
minor forest produce from, the State Government, authorised officer
or an agent;

(b) a grower to transport any minor forest produce grown by him from
any place in a unit where such produce has been grown to a
purchasing centre or depot set up in that unit under section 8 or to any
other place in that unit;

(c) (i) any person who has purchased any minor forest produce
from the State Government, or an authorised officer or an
agent, and.

(ii) any person who has purchased any minor forest produce
from another person under clause (e).

to transport the same, in accordance with the terms and
conditions specified in a permit issued by such authority and
in such manner as may be prescribed, for the purpose of being
used in the manufacture of finished goods within the S tate or
for the purpose of sale outside the State, or for the purpose of
re-sale to the State Government, an authorised officer or an
agent;

(d) any person to import any minor forest produce or to
transport the minor forest produce so imported, in accorda nce
with the terms and condi tions of a permit issued by such
authority and in such manner as may be prescribed; and

(e) (i) any person, who has purchased any minor forest
produce from the State Government or authorised
officer, or an agent to sell such o f the minor forest
produce, as may be specified by the State Government
by general or special order published in the Official
Gazette, to any other person ; and
XVI of
1927.
Restriction on
sale, purchase or
transport of
minor forest
produce.
Bom. XXV of
1949.
1979 : Guj. 7 ] Gujarat Minor Forest Produce Trade Nationalisation Act, 1979
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(ii) other person to whom the minor forest produce is
so offered for purchase to purchase the same, in
accordance with the terms and conditions specified in
a permit issued to the seller for the purpose of sale and
to the purchaser for the purpose of purchase, by such
authority and in such manner as may be prescribed.

Explanation.- For the purpose of this section, a transfer of a right to
collect any minor forest produce or an exchange of minor forest produce for
some other thing shall be deemed to be a sale, and an acquisition of a right to
collect any minor forest produce or an exchange of any th ing for some minor
forest produce shall be deemed to be a purchase.

4. (1) The State Government shall, after consultation with the Committee and
having regard to the factors specified in sub -section (3), fix in respect of each
class of minor forest produce, the price at which such produce shall be
purchased by it or by an aut horised officer or by an agent from growers of
that produce in the year following the year in which the price is fixed:

Provided that the price at which such produce shall be purchased in
the period commencing on the appointed day and ending on the 31st
December, 1979 by the State Government or by an authorised officer or by an
agent from growers of that produce shall be fixed by the State Government
and shall be published in such manner as may be prescribed before such
produce is so purchased.

(2) The p rice fixed under sub -section (1) shall be published in the Official
Gazette and in such other manner as may be prescribed, not later than the 31st
day of December of the year in which it is fixed, and the price so fixed shall
not be altered during the year to which it relates:

Provided that where the Committee fails to tender advice within the
period specified under sub -section (3) of section 7 or such further period not
exceeding fifteen days as the State Government may allow, the State
Government may fix the price without such advice.

(3) For the purpose of fixing the price of any minor forest produce under sub -
section (1), the State Government shall have regard to the following factors,
namely:-

(a) the price, if any, fixed under this Act or under any other law for
the time being in force, for the concerned minor forest produce in the
unit during the preceding three or two years or one year, as the case
may be, for which such price may have been fixed, and where no such
price may have been fixed for any such year or years the price for the
concerned minor forest produce prevailing in the year in which the
price is fixed or such price as would have prevailed, in the unit during
the next succeeding year,

(b) the quality of the minor forest produce,

(d) the cost of transport,

(e) the general level of wages for unskilled labour prevalent in the
unit, and

(f) such other factors as may be prescribed.

5. The State Government may, in respect of any minor forest produce, by notification
in the Official Gazette, divide the whole State into such number of units, and each of
them comprising such areas, as the State Government may deem fit.

Fixation of price
by State
Government in
consultation with
Committee.
Constitution
of units.
[ 1979 : Guj. 7 Gujarat Minor Forest Produce Trade Nationalisation Act, 1979

6. (1) The State Government may, for the purpose of selling, purchasing or
transporting any minor forest produce on its behalf, appoint any person as an
agent in charge of any unit and it shall be lawful to appoint the same person
as an agent for more than one unit.

(2) The terms and condit ions of appointment of any agent shall be such as
may be specified by the State Government in the order of appointment:

Provided that nothing contained in this section shall prevent the State
Government from appointing the Corporation as the sole agent fo r the
purpose of selling, purchasing or transporting any minor forest produce and
such appoin tment shall be on such terms and conditions as may be
determined by the State Government.

(3) If the Corporation is appointed by the State Government as its sole agent
under this section, it shall be lawful for the Corporation to authorise any
person including its officers for the purpose of selling, purchasing or transpo -
rting any minor forest produce on its behalf under the provisions of this Act.

(4) The State Government may prescribe the procedure for the appointment of
an agent under sub-section (1).

7. (1) The State Government shall, by notification in the Official Gazette,
constitute an Advisory Committee consisting of s uch members not exceeding
five as may be specified in such notification for the purpose specified in sub -
section (2):

Provided that-

(i) atleast one member shall be from amongst the persons who, in the
opinion of the State Government, are traders ordinar ily carrying on
the trade of buying or selling of some minor forest produce,

(ii) atleast one member shall be from amongst the persons who, in the
opinion of the State Government, are growers, and

(iii) atleast one member shall be from amongst persons belonging to
the Scheduled Tribes, who are members of the Forest Labourers Co -
operative Societies.

Explanation- For the purpose of this proviso,-

(i) a trader or a grower shall mean, in a case where the trader or the
grower is a local authority, a societ y, a company or any other
association of individuals, a person authorised in writing by such
local authority, society, company or association, as the case may be,
to represent it on such committee;

(ii) "Scheduled Tribes" shall mean tribes or tribal commu nities or
parts of, or groups within, such tribes or tribal communities as are
deemed to be Scheduled Tribes in relation to the State of Gujarat
under article 342 of the Constitution.

(2) The Committee shall advice the State Government in the matter of
fixation under section 4 of the fair and reasonable price at which any minor
forest produce may be purchased by the State Government, an authorised
officer or an agent, and in respect of such other matters relating to the
administration of this Act as may be referred to it by the State Government.

(3) The Committee shall tender its advice to the State Government within
such period as the State Government may specify in that behalf.

(4) The Committee shall perform its functions in such manner as may be
prescribed.

Appointment
of agents.
Constitution of
Advisory
Committee.
1979 : Guj. 7 ] Gujarat Minor Forest Produce Trade Nationalisation Act, 1979
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(5) The members of the Committee shall be entitled to such remuneration and
travelling and other allowances as may be prescribed.

(6) The term of the Committee shall be one year from the date on which it is
constituted;

Provided that the State Go vernment may, by an order in writing,
extend the said term for a further period not exceeding, one year.

8. (1) The State Government shall, having regard to the convenience of growers
and collectors of minor forest produce, set up at such places in each unit such
number of purchasing centres or depots as it may think fit, for the purchase
and sale of minor forest produce under the provisions of this Act.

(2) At every such purchasing centre and depot, there sh all be displayed
prominently on a notice board kept for the purpose a list showing in Gujarati
and in such other script or language as may be intelligible to the persons in
that locality, the price of each of the minor forest produce fixed by the State
Government under section 4 and the hours at which any minor forest produce
shall be purchased or sold at that centre or depot.

9. (1) The State Government or the authorised officer or agent shall be bound to
purchase at the price fixed under section 4 any minor forest produce offered
for sale at the purchasing centre or depot during the hours notified for the
purpose under sub-section (2) of section 8;

Provided that the State Government or the authorised officer or the
agent may refuse to purchase any minor forest produce which, in the opinion
of the State Government, authorised officer or, as the case may be, the agent
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 of the authorised officer or the agent
to purchase any minor forest produce may, within fifteen days from the date
of such refusal, make a complaint such refusal to such officer superior in rank
to the authorised officer, as the State Government may empower in this behalf
for the purpose of hearing such complaints.

(3) On receipt of a complaint under sub -section (2), the officer empowered to
hear complaints under sub -section (2) (hereinafter referred to as "the com -
petent officer") may, after holding such inquiry as he thinks fit and after
hearing the parties concerned, either allow or reject the complaint.

(4) Where the competent officer allows the complaint on the ground that the
refusal of the authorise d officer or the agent to purchase the minor forest
produce was not justified, he may direct the authorised officer or the agent, to
purchase the same, and to pay to the aggrieved person such price for the
minor forest produce so purchased by him as the ag grieved person would
have been entitled to under sub -section(1) had the authorised officer or the
agent, as the case may be, not refused to purchase it.

(5) Nothing in this section shall be construed to debar the State Govern ment
or the authorised office r or the agent from appropriating to the State
Government any minor forest produce offered for sale, if the State Govern -
ment or the authorised officer or the agent has reason to believe that such
produce appertains to forest or land belonging to the State Government and
paying to the person so offering such produce for sale only such charges, if
any as may have been incurred by such person in collecting such produce,
subject to such rules, as the State Government may from time to time make.

(6) Where any person is aggrieved by the appropriation of the minor forest
produce to the State Government under sub -section (5) by an authorised
officer or an agent, he may make a complaint to the competent officer.

(7) On receipt of a complaint under sub -section (6) the competent officer
Setting up
purchasing centres
and depots.
Purchase of minor
forest produce.
[ 1979 : Guj. 7 Gujarat Minor Forest Produce Trade Nationalisation Act, 1979

may, after holding such inquiry as he thinks fit and after hearing the parties
concerned, either allow or reject the complaint.

(8) Where the competent officer allows the complaint, he may direct the
authorised officer or the agent to make payment to the aggrieved person of an
amount not less than the price of such minor forest produce as would have
been payable to him under this section at the time when such produce was
appropriated to the State Government.

10. Any person including an authorised officer or an agent, aggrieved by the decision
of the competent officer under sub-section (3), (4), (7) or (8) of section 9 may, within
a period of thirty days, from the date of communication to him of such decision,
make an appeal to the State Government and the decision of the State Government on
such appeal shall be final and shall not be called in question in any court.

11. Every grower, not being the State Government, who has, during the year
immediately preceding the appointed day or the year preceding any subsequent day,
grown any minor forest produce exceeding such quantity as may be pre scribed shall,
within thirty days after such day, on payment of such fees and in such manner as may
be prescrib ed get his name and address registered in a register to be kept by the
prescribed officer, together with the particulars regarding the quantity of the minor
forest produce grown by him and the land in which such produce is grown during
such year.

12. Any minor forest produce purchased by the State Government or by an authorised
officer or an agent, under this Act, shall be sold or otherwise disposed of in such
manner as the State Government may, by a general or special order, in writing direct.

13. The State Government may, by an order published in the Official Gazette,
delegate any of its powers (other than the power to fix the price of minor forest
produce under section 4 and the power to make rules under section 20) or functions
under this Act or the rules made thereunder to any officer or autho rity not below the
rank of a Range Forest Officer of the State Government or an Assistant Project
Manager of the Corporation, who shall exercise or perform the same, subject to such
conditions and restrictions as the State Government may specify in the order.

14. (1) Any forest officer not below the rank of a Range Forest Officer or any
Police Officer not below the rank o f a Sub -Inspector or any other person
authorised by the State 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 any minor forest produce:

(ii) enter and search any place;

(iii) seize minor forest produce in respect of which he suspects that
any provision of this Act or the rules made thereunder has been, is
being or is about to be, contravened, alongwith the receptacle
containing such produce or the vehicle or boat used in carrying such
produce.

(2) Every person seizing any minor forest produce or other property under
clause (tit) of sub -section (1) shall place on such produce or other property a
mark indicating that the same has been so seized.

(3) Any forest officer not below the rank of a Range Forest Officer who has
seized any property other than a minor forest produce, under clause (Hi) of
sub-section (1) may release the same on the execution by the owner thereof of
a bond for the production of the property so released, whenever required.

(4) The minor forest produce and other property seiz ed under clause (iii) of
sub-section (1) shall be kept in the custody of the forest officer not below the
Appeal.
Registration.
Disposal of
minor forest
Produce.
Delegation of
Powers.
Power of entry,
search, seizure
etc.
1979 : Guj. 7 ] Gujarat Minor Forest Produce Trade Nationalisation Act, 1979
9 of 10
rank of a forest guard or village headman until an order of his disposal is
received.

(5) The provisions of the Code of Criminal Procedure, 1973 relating to search
and seizure shall, so for as may be, apply to searches and seizures under this
section.

15. If any person contravenes the provisions of section 3 or 11 or of any of the terms
and conditions of a permit issued under claus e (c), (d) or (e) of sub-section (2) of
section 3,-

(a) he shall, on conviction, be punished with imprisonment which may extend
to one year or with fine which may extend to one thousand rupees or with
both; and when the offence is a continuing one, with a daily fine not
exceeding one hundred rupees during the period of the continuance of the
offence.

(b) the minor forest produce in respect of which such contravention has been
made or such part thereof as the court may deem fit shall be forfeited to the
State Government:

Provided that if the court is of the opinion that it is not necessary to
direct forfeiture in respect of the whole or, as the case may be, any part of the
minor forest produce, it may for reasons to be recorded refrain from doing so.

16. Any person who attempts to contravene, or abets the contravention of any of the
provisions of section 3 or 11 or of any of the terms and conditions of a permit issued
under clause (c), (d) or (e) of sub-section (2) of section 3, shall be deemed to have
contravened that provision.

17. 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 Range Forest Officer or by a police officer not below
the rank of a Sub-Inspector or by such other officer as may be authorised by the State
Government in this behalf.

18. No suit, prosecution or o ther legal proceeding shall lie against the State
Government, the Corporation, an authorised officer, an agent or any other employee
of the State Government or of the Corporation for any thing in good faith done 01
intended to be done in pursuance of this Act or any rules made thereunder.

19. It is hereby declared that the provisions of this Act are for giving effect to the
policy of the State towards securing the principles specified in ar ticle 46 of the
Constitution.

20. (1) The State Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing
power, such rules may be made to provide for all or any of the following
matters, namely:-

(a) the authority by which and the manner in which a permit may be
issued under clauses (c), (d) and (e) of sub-section (2) of section 3:

(b) the other manner in which the price fixed under sub -section (1) of
section 4 shall be published under sub-section (2) of that section;

(d) the procedure to be followe d in making appointment of an agent
under section 6;

(e) the manner in which the functions of the Committee shall be
2 of 1974.
Penalty.
Attempts and
abetment.
Cognizance of
offence.
Protection of
action taken in
good faith.
Declaration that
Act gives effect to
certain directive
principles.
Power to make
rules.
[ 1979 : Guj. 7 Gujarat Minor Forest Produce Trade Nationalisation Act, 1979

performed under sub-section (4) of section 7 and allowances to which
the members of the Committee shall be entitled under sub -section (5)
of that section;

(f) regulation of payment of charges payable to a person under sub -
section (5) of section 9.

(g) the quantity exceeding which the grower has grown the minor
forest produce for the purpose of being liable to be registered under
section 1 1, the fees to be paid for being registered, the manner in
which his name and address shall be registered under the said section
and the officer empowered to keep the register for the registration of
growers under the said section ;

(h) any other matter w hich is to be or may be prescribed under this
Act.

(3) In making any rules under this section the State Government may direct
that a breach thereof shall be punishable with fine not exceeding one
thousand rupees and when the offence is a continuing one, w ith a daily fine
not exceeding one hundred rupees during the continuance of the offence.

(4) All rules made under this section shall be laid for not less than thirty days
before the State Legislature as soon as may be after they are made and shall
be subject to rescission by the State Legislature or to such modifications as
the State Legislature may make during the session in which they are so laid or
the session immediately following.

(5) Any rescission or modification so made by the State Legislature s hall be
published in the Official Gazette, and shall thereupon take effect.

21. Nothing contained in the Indian Forest Act, 1927 shall apply to any minor forest
produce in respect of matters for which provisions are contained in this Act.

22. (1) If any difficulty arises in giving effect to the provisions of this Act, the
State Government may make such order, not inconsiste nt with the provi sions
of this Act as may appear to it to be necessary, for the purpose of removing
the difficulty :

Provided that no order shall be made under this sub -section after the
expiry of a period of two years from the appointed day.

(2) Every order issued under sub -section (1) shall be laid for not less than
thirty days before the State Legislature as soon as possible after it is issued
and shall be subject to rescission by the State Legislature or to such
modification as the State Legislature may make, during the session in which it
is so laid or the session immediately following. Any rescission or
modification so made by the State Legislature shall be published in the
Official Gazette and shall thereupon take effect.

23. (1) The Gujarat Minor Forest Produce Trade Nationalisation (Second)
Ordinance, 1978 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the
said Ordinance shall be deemed to have been done or ta ken under corres -
ponding provisions of this Act.

-----------------

1 For Statement of objects and Reasons see Gujarat Government Gazette, Extra Ordinary, Part V,
dated the 17th January 1979, pages 37 to 39.
 This Act was assented to by the President on the 2nd March 1979.
Indian Forest Act
not to apply to
minor forest
produce or
purposes covered
under this Act.
XVI of 1927
Removal of
difficulties.
Repeal and
Saving. Guj. Ord. 9 of
1978.

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