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The Maharashtra Supply of Forest-produce by Government (Revision of Agreements) Act, 1982.

Maharashtra · state statute
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1983 : Mah. XVI]   1 
THE MAHARASHTRA SUPPLY OF FOREST-PRODUCE  
BY GOVERNMENT (REVISION OF AGREEMENTS) ACT, 1982 
[Text as on 18th April 2024] 
————— 
CONTENTS 
PREAMBLE.  
SECTIONS.  
 1.  Short title, extent and commencement.  
 2.  Definitions.  
 3.  Power of Government to revise agreements for sale or supply of forest-produce.  
 4.  Price or rate of forest-produce sold or supplied to purchasers not to exceed market value.  
 5.  Power of Government to terminate agreements for breach of terms and conditions.  
 6.  Purchaser may terminate agreement after giving one month’s notice.  
 7.  Power to make rules 
  
2  The Maharashtra Supply of Forest-produce by   [1983 : Mah. XVI 
                                           Government (Revision of Agreements) Act, 1982 
  
1983 : Mah. XVI]  The Maharashtra Supply of Forest-produce by  3 
                                           Government (Revision of Agreements) Act, 1982 
MAHARASHTRA ACT No. XVI OF 19831 
[THE MAHARASHTRA SUPPLY OF FOREST-PRODUCE BY GOVERNMENT (REVISION OF 
AGREEMENTS) ACT, 1982.] 
[The Act received the assent of the President on the 21st March 1983; assent was first published in the 
Maharashtra Government Gazette, Extra-ordinary, Part-IV, on the 23rd March 1983.] 
An Act to take powers to revise certain agreements to get fair price for forest-produce supplied 
by Government to purchasers for long term periods and for certain other matters. 
WHEREAS, it is expedient to take power to the State Government to revise certain agreements, from 
time to time, to get fair price for forest -produce sold or supplied by the State Government to the purchasers 
for long term period and to prevent loss of income due to Government and to enforce the revised agreements 
and to provide for matters connected therewith; It is hereby enacted in the Thirty -third Year of the Republic 
of India as follows :— 
1.  Short title, extent and commencement.—  (1) This Act may be called the Maharashtra Supply of 
Forest-produce by Government (Revision of Agreements) Act, 1982.  
(2) It extends to the whole of the State of Maharashtra.  
2(3) It shall come into force on such date as the State Government may, by notification in the Official 
Gazette, appoint.  
2.  Definitions.— In this Act, unless the context otherwise requires,—  
(a) ‘‘agreement” shall include any contract, licence, bond, deed or other document, whereby the 
State Government agrees to sell or supply any forest -produce to any person or to permit any forest -
produce to be collected and removed by  any person for consideration, for a long term period, on terms 
and conditions specified in such document;  
(b) “forest-produce’’ shall have the meaning assigned to it in the Indian Forest Act, 1927 (XVI of 
1927), in its application to the State of Maharashtra;  
(c) “long term period’’ means any period exceeding twelve months;  
(d) “prescribed’’ means prescribed by rules made by the State Government under this Act;  
(e) ‘‘purchaser ’’ means any person, including any company or association or body of individuals, 
whether incorporated or not, who purchases or is supplied or obtains any forest -produce from the State 
Government under any agreement. 
3.  Power of Government to revise agreements for sal e or supply of forest produce. -
Notwithstanding anything contained in any law for the tune being in force and in any Agreement subsisting 
on the date of commencement of this Act or in any agreement, which may be entered into by the State 
Government with any purchaser on or after the date  of commencement of this Act, it shall be lawful for the 
State Government, from time to time, by order published in the Official Gazette, to add to, substitute, delete 
or otherwise amend any of the terms and conditions of any such agreement, for one or more of the following 
purposes, namely :—  
(a) to provide for a revision or a periodical revision of the price or rate for sale or supply of 
forest-produce to the purchaser, where such agreement does not provide for any such revision or 
                                                   
1  For Statement of Objects and Reasons of the L.A. Bill No. XLIV of 1982  see Maharashtra Government Gazette , 
1982, Extraordinary, Part-V, dated 13th September 1982, at page 297.  
2  15th June 1983, vide G.N., R. and F. D., No., FND-1280/45-CR-60-80-F1, dated 7th June 1983. 
4  The Maharashtra Supply of Forest-produce by   [1983 : Mah. XVI 
                                           Government (Revision of Agreements) Act, 1982 
periodical revision, a s the case may be and where such periodical revision is provided in the 
agreement, to provide for reducing or enhancing the period of revision ;  
Provided that, the price or rate once fixed shall not be liable to be revised by the State 
Government for a period of at least twelve months from the date on which such price or rate has come 
into force;  
(b) to provide for the removal or any modification of any ceiling imposed in any such agreement 
on the increase, at the time of revision, in the price or rate at  which the forest-produce is to be sold or 
supplied to the purchaser;  
(c) to provide for the adjustment or change in the unit of weight or measure in which the forest -
produce is to be weighed, measured or counted, for the purpose of its sale or supply to the purchaser or 
for the purposes of charging or recovery of the price or rate therefore, without, however, materi ally or 
substantially changing the quantity of forest-produce agreed to be sold or supplied to the purchaser.  
4.  Price or rate of forest pro duce sold or supplied to purchase rs not to exceed market value. — 
(1) The price or rate for sale or supply of the forest -produce, to be fixed at the time of any revision of the 
price or rate under Section 3, shall not exceed the market value of the forest -produce at the time of such 
revision, as may be determined by the State Government in the prescribed manner.  
(2) Where the price or rate is fixed, at the time of revision, for a period exceeding twelve months at a 
time, the State Government may provide fo r an annual increase in the price or rate towards the anticipated 
escalation in the market value of the forest-produce during the period the revised price or rate is to remain in 
force.  
5.   Power of Government to terminate agreements for breach of terms and conditions. —   
(1) Notwithstanding anything contained in any law for the time being in force and in any agreement 
subsisting on the date of commencement of this Act or in any agreement, which may be entered into by the 
State Government with any purchaser on or after the commencement of this Act, the State Government  may 
terminate any such agreement at any time for breach, by the purchaser, of any of the terms and conditions of 
the agreement, as amended from time to time, after giving him a reasonable op portunity to show cause why 
the agreement should not be terminated and after giving him a notice of one month for such termination.  
(2) The decision of the State Government in such cases shall be final. 
6.  Purchaser may terminate agreement after giving one month’s notice. — If any amendment 
made in the terms and conditions of an agreement under section 3 or any revision made in the price or rate  
for sale or supply of forest -produce under that section, is not acceptable to the purchaser, he may, at his 
option, by giving to the State Government one month’s notice in writing, within, a period of six months 
from, the date on which the amendment in the terms and conditions or the revision in the price or rate, as the 
case may be, is communicated to him, terminate the agreement and accordingly the agreement shall stand 
terminated at the end of the notice period.  
7.  Power to make rules. — (1) The State Government may, subject to the condition of previous 
publication and by notification in the Official Gazette, make rules for carrying out the purposes of this Act.  
(2) In particular and without prejudice to the generality of the foregoing provision, such rules may be 
made for all or any of the following matters, namely :—  
(a) for giving notice of the amendment proposed to be made in the agreement or of any revision 
of price or rate proposed to be made under section 3 and for affording the purchaser an opportunity of 
showing cause against the proposal;  
(b) the principl es on which, the manner in which and the authority by which, the market value 
shall be determined for the purposes of section 4.  
1983 : Mah. XVI]  The Maharashtra Supply of Forest-produce by  5 
                                           Government (Revision of Agreements) Act, 1982 
(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House 
of the State Legislature, while it is in session, for a total period of thirty days, which may be comprised in. 
one session or in two, successive sessions and if before the expiry of the session in which it is so laid of the 
session immediately following, both the Houses agree in making any modification in the rule or both Houses 
agree that the rule should not be made and notify such decision in the Official Gazette, the rule shall from 
the date of publication of such notification have effect only in such modified form or be of no effect, as the 
case may be so, however, that any such modification or annulment shall be without prejudice to the validity 
of anything previously done or omitted to be done under that rule. 

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