LexThe Odisha Forest Produce (Control of Trade) Act, 1981
Odisha · state statute
Open in Lexace · Ask the AI about this act386
ODISHA LOCAL LAWS
*The Odis ha · Forest Produce
(Control of Trade) Act, 1981
Odisha Act 22 of 1981 .
t d t by the President on the 21st August, 1981) (Assen e o . .
CONTENTS . --
12. Disposal of Specified Forest Produc ACTS:
1. Short title, extent and 13. Retail Sale of Specified Fores~
Produce . commencement
2. Definitions
3. Constitution of Units
4. Appointment of agents
5. Restriction on Purchase and
Transport and Rescission of
Subsisting Contracts
6. Constitution of Advisory Committee
7. Government to fix Price in connection
with Committee.
8. Opening of Depots and Public:::1tion
of the Price List, etc. at the Dep"'t ·
9. State Government or Agent to
Purchase Specified Forest Proauce
10. Registration
11 . Registration of Manufacturers ,
Traders and Consumers of Specified
Forest Produce ·
14. Delegation of Power
15. Power of entry, Search, Seizure, etc.
16. Penalty ·
17. Attempts and Abetment
18. Cognizance of Offences
19. Composition of Offences
20. Saving in respect of acts done in
Good Faith
21 . Power to make· Rules
22: Odisha Forest Act , 1972 and other
Laws not to apply to Specific Forest
Produce for Purposes covered under
fueAci .
23. Power to Exclude Specified Forest
Produce from t~e operation of the Act
An Act to provide for control and regulation of trade in certain forest
produce by creation of State monopoly in such trade . .
. Be it enacted by the Legislature of the State of Odis ha in the Thirty
Second Year of the Republ ic of Ind ia, as follows :
Statement of Objects and Reasons - Smuggl ing of various forest produces
are increasing day by day. The present prov isions of the Odisha Forest Act, 19'.2
for checking, hoard ing and transpor t of forest are not adequate to bring the culpnt~
to book . ! he said Act is not. adequate for i mposit ion of any restricti~ns of ~ontr0
1 on trade 1n forest produce by framing rules thereunder . Barring few items like 58
seeds , most of the important items of minor forest produce such as Mahua flowers,
Tamarind , Charma ji, Karanja and the like are grown in private holdings as well 8~
in the forest areas owned by Government . Unsc rupulous traders take advantage 0
this situati9n and evade the law unde r the cover that the produce relates to priVate
. 1· g ,n land and not to forests under the control of Government . Instances of smugg ,n . e
such cases are too ':'any and t~e. smugglers are , escaping with impunity beca~~t
of absence of any l_eg1stat1on providing for State monopoly in forest produce . Enactm
of a separate leg1slatt0n for the purpose is therefore absolutely necessary.
The bill seeks to achieve the above purpose .
. · CASE LAWS : . . tofY
. . . Statement ~f. Ob1ects and Reasons-Scope of in judging validity of a statu the
not1'.1cat,on-The valtd1ty of the statutory notification cannot be judged merely on tiVB
bas.,s of statement of objects and reasons accompanying the Bill - The ex~cu nee
policy of the Govt . or the statement of object and reasons of the Act or Qrdina
~annot co~trol t~e actual words used in the legislation : AIR 1981 sc 23~
. Published v1de 0 .G. Exty. No. 1117-D/5 . 9. 198 1-Notfn . No. 1458 9 Legis-D/4 .8· 1981 .
For Statement and Objects of reasons see Odisha Gazette Ext. No. 325/17 .3·
O . Forest Produce (C .T.) Act, 1981 387
Objects -The object _ ~f th e Act was to prevent smuggling and to provide for
onopoly in the spectf !ed fore st _Produce -The Preamble of the Act is a key to
state rn ent is also clear ,_n that obJect : AIR 1987 sc 2310 enactrn .
th6
1_ Short title, extent and coml'Tlencement _ (1) This Act may be
the 0d isha Forest Produce (Control of Trade) Act 1981
11ed , .
ca (Z) It extends to the whole of the State of 0disha.
(3) It shall come into force in such area or areas and in relation to
ch forest produ~e and on s_u_ch '.date or dates as the State Government
su from time to time , by not1f1cat1on, specify in this behalf .
rnaY, . CASE LAWS ; .
sec . 1 (3)-Notification under, in relation to sal seeds , validated under Section
5 of the Odisha Produce (Control of Trad~) (Amendment and Validation) Ordinance ,
987.Applies to sal see~s grown or found ,n Government Forest- It shall be valid and
1,~ ctual as if it were issued Under Section 1 (3) of the Ae,t as amended by the
~r~nance-Held, does not suffer from any infirmity : AIR 1987 SC 2310.
2. Definitions - In this Act, unless the context otherwise requires
(a) agent means an agent appointed under Section 4 ;
(b) committee means an Advisory Committee constituted by Government ;
(c) forest produce means timber of any of the species specified iri
Clause U), Bamboos of all species, Khair, Catechu (katha) Catechin
(Cutch), Ganduli Gum, Dharua Gum , Khair Gum, Babul Gum,
Sal Resin , Salai Resin , Rosha Grass, Rosia Grass Oil, Lac in
all forms , Shelae, Mohua Flowers, Mohua seeds, Chironi Myrobalans,
Tassar , Cocoons, Sandal wood , Tamarind, Siali Leaves, Kusum
Seeds , Karanja Seeds, Siali Fibres, Sal Seeds, Hill Brooms and
such other produce as may be notified by the State Government
from time to time, 2 [weather grown or found on land owned by
private persons or on land owned . by the State Government or in
Government Forests;]
(d) grower of forest produce means-
(i) in respecte ·r forest produce grown on land owned by any person ,
the ·owner of such land; and .
(ii) in all other cases the State Government;
(e) licensed vendor in relation to specified forest produce means a
person to whom a licence is issued under Section 13 for retail
· sale of such forest produce; ·
(D prescribed means prescribed by rules made under this Act;
(g) retail sale means the sale of any specified forest produce not
exceeding such quantity as the State Government may, by notification,
spec\fy in respect of such specified forest produce ;
(h) specified area in relation to a specified forest produce means
the area specified in the notification under Sub-section (3) of
~ Section 1 fo•r such specified fore-st produce; .
· ihe Act came into force at once in the whole of the State at once in relation to
2 Sal seeds , vide Odisha Gazette Ext. No . 1744/9 .12 .1982.
Insert d · No e by Odis ha Act 16 of 1987 w.e. f. 5.9.1987 , See Odisha Gazette Ext .
. 1321 Dt.. 18.9.1987 .
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ODISHA LOCAL LAWS [S. 3
(i) specified forest pro~_uc~ in relat _i~n t_o a_ specified area rne
th 'orest produce spec1f1ed ,n the not1f1cat1on issued under S b ~ns
e ,, ·t· d u sect
(3) of Section 1 for such spec, ,e . area ; ion
. (j) timber means marketable wood , round, sown or fashioned t .
piece of and above two metres in length, standing or felled(~/ ra
1~ht
fuel) of the following categor ies, namely : c Uding
Teak Tectona grandis
Sal Shorea robusta
Bija Prerocarpus marsupium
Bandhan Ougenia daidergoides
Sishan Dalbergia latifolia
Dhaura .,. Annogeissus latifolia
Ku rum Adina cordifolia
Gamhari Gmelina arborea
Asan Terminalia tomentosa
Mohua Madhuca latifolia
Ka.~uda Chlorxdlylon swietnis
Karani Pongania glabra
I
Kendu Diospyros melanoxylon
Champa Michelia champak
Salai Boswellia serrate
(k) unit means a subdivision of a specified area constituted into a
unit .under Section 3 ;
(I) words and expressions· used but not defined in this Act shall
have the same meaning as assigned to them · under the Odisha
Forest Act 14 of 1972 .
. 3. Con·stitution of Units - The State Government may divide every
specified area into such number of units as it may deem fit :
Provided that a specified area may be divided into different units for
different specified forest produce .
4. Appointment of agents - (1) The State Goverr:iment may, for the
purchase of any trade in specified forest produce on this behalf, appoint
on~ or more agents in respect of different units for all or any specified
forest produce and any such agent may be appointed in -respect of more
than one unit.
(2) Any person including a Grania Panchayat, a Co-operative Society
or the State Tribal Development Corporation Ltd. , may be appointed as an
agent under Sub-section (1 ). ·
. (3) The term, conditions and the proced'ure for appointment of agents
shall be such as may be prescribe .d: . . ·
5. Restri~tion on Purchase and Transport and Rescission of Subsisting
Contracts -
1[(1) Notwithstanding any prov·ision to the contrary in any oth~r
law, On the issue of a Notification under Sub-section (3) of Section 1 ,n
respect of any area, -
1 · Sub 5tituted by Odisha Act 4 of 1989 , w.e. f. 5. 9.198'1, See Odis ha Gazette Ext.
No. 517 Dt. 3.4.1989 .
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s. 51 0 . Forest Produ
ce (C.T.) Act 1
I 981
389
(a) all contracts for the ·.
T d f purchase spec, te ore st produce ' sale , gatherin .
grants of profit -a-prend g~own or found in the g o_r collection of
land , fell , cut and remo re including the right tia1d area and all
said area , shall stand r ve ~he specified forest P e~ter upon the
grown or found on Ian edsc1nded Whether such f~~e~tce frdom t~e
d b h owned by . pro uce 1s
owne y t e State Govern private persons or on I d
. . . ment or in Go an
Provided that rescission of s h vernment forests :
. ht . uc contracts d the customary rtg s , if any, of the lo cal T .b an grants shall not affect
specified forest p~oduce .] · • ri als to gather and collect the
(b) no person ·other than -
(i) the State Government
I
(ii) an officer of the State G . .
that behalf, or overnment authorised rn writing in
(iii) · an agent in respect of th . . · ·
produce is grown or foun~. unit rn which the specified forest
shall purchase or. transport any specified forest d • h · . · . . pro uce rn t e said area .
Explanation I - Purchase shall include purchase by batter .
Explanation II - Purchase of specified .forest produce from the State
Government or the aforesaid Government Officer or agent or a licensed
vendor shall not be deemed to be a purchaser in contravention of the provis ions
of this Act.
Exp.~anation Ill - A person having no interest of the holding who has
acquired the right to collect the specified forest produce grown .Or found on
such holding shall be deemed to have purchased such produce in contravention
of the provisions of this Act.
1{Explanation IV - The Explanations I to Ill shall be deemed to be
explanations to Clause (b). of this sub-section and shall not be deemed as
in any ·manner qualifying or detracting from Clause (a) of this subsection or
saving any con.tracts · referred to in Clause (a) from the operation of the
provision for rece·ssion of contracts contained in the said Clause (a) .]
(2) Notwithstanding anything contained in Sub-section (1) -
(a) a grower of forest produce other than Mohua_ may transport h~s
produce from any place within the unit wherein such produce 1s
grown or found to any other place in that un_it and a grower of
Mohua may transport the Mohua grow~ by him from any place
within the district wherein such Mohua Is grown or found to any
place . within that District. ·
2[X X X X]
. . h t ffect over any forest in respect of
(c) any person having right tot a .~ d any law for the time being in
any specified forest produce unfo;~is domestic use or consumption
force, may tran~port such pr~duc~o such terms and conditions as
in such quantity • and sub.Ject .
may be prescribed . . See Odisha Gazette Ext.
;-- · f 59 .1981
· Inserted by Odisha Act 16 of 198 7 w.e . · ·
No. 1321 Dt. - 13.9.1987 . O G. E. No. 1289 ot. 14.9.1987.
2· Deleted by Od isha Act 15 of 1987 See · .
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390 ODISHA LOCAL LAWS
(3) Any person desiring to sell any specified forest prod
sell them to the aforesaid Government officer or agent at any depot u~e rnay
within the unit wherein such produce was grown or found : situated
Provided that' State GovernmenC the Government officer or th
shall not be bound to re-purchase specified forest produce once so~:.9ent
(4) Any person who has paid any amount as an advance in re
of any· such contract as is res~inded und~r Su_b-~ec;t!on (1) shall 0
8
i:c~
application made to t~~ pr_escribed auth~nty w1t~,n six months from the
date of issue of the not1f1c-at1on referred ~o in the said subsection be entitled
to the refund of su~h portion of t_he amoun~ of advance as it proportionate to
the unexpired portion of the period for which the contract was entered into:
CASE LAWS: ·
· · . Section 5 (1) (a) , (3)-0bject of th~ Act is to . prevent smuggling of forest
produce grown on Government land-State ,s granted monopoly right to purchas
forest produce grown on private land-Government granting lease to a company t~
collect sal seeds· from Government forests -On commencement of Act the ag,eement
granting lease does not stand rescinded-AIR 1983 Ori. 266 reversed : AIR 1987
SC 1454.
Section 5 (1) applies to forest produce grown in private holdings-Notification
dated 9.12. 1982 applies to forest produce grown in Government Forest-interpretation
of statutes-Reasons for a statute is the safes ·t guide to understand the stat11te_ : AIR
1987 SC 1454.
6. Constitution of Advisory Committee - (1) The State Government
shall, for each calendar year constitute in respect of eac.h specified forest
produce an Advisory Committee for each Revenue Commissioner's Division
in the State consisting of not more than n_ine members as may be notified by
the State Government from time to time for the purpose of advising the State
Government in the matter of fixation of fair and reasonable price of each
specified forest produce at which s·uch produce may be purchased by the
State Government or its authorised officer or agent when they are offered for
sale in such Division in accordance with the provisions of this Act;
Provided that-
(i) two of the members shall be from amongst the traders in such
specified forest produce or manufacturers of goods in which
such specified forest produce is used as raw materials;
(ii) at least two members shall be from ~mongst the growers of
such specified forest produce other -than the State Government
(iii) one member shall be from amongst the members of Parlia~en!
representing the State and belonging to the Scheduled Tribes,
and ·
(iv} one member shall be from amongst the members of State Legislature
belonging to such Tribes .
(2) It shall also be the duty of Committee to.advise the State Government
on such other matters as may be referred to it by the State Government.
. (3) The business of the Committee shall be conducted in such manner
as may be prescribed. · · ·
. . 11owances
(4) The members of the Committee shall be entitled to such a
as may be prescribed .
O . Forest Produce (C .T.) Act, 1981 391
s. 9]
S) The Committee shall tender its advice to State Government with in
(_ d as the State Government . may , for each Comm ittee spec ify in
h perro _ ,
s~C behalf. . . . .
th15
7_ Government to fix Price in connection with Committee - The
· vernment shall , after consultation with the Committee constituted
state G5oe ction 6, fix the pri_ce at wh!ch spe_cified forest produce shall be
under ed by it or by any of its authorised offlce~s or agents from growers of
purc~tsd forest produce in the Revenue Commissioner's Division and shall
spe~
1
~ethe same in the Gazette and 1n such other manner as may be prescribed
publl~ r than th.e 30th day of June of the calendar year for which the Committee
~ot :n:tituted and the price so fixed shall remain in force up to the end of
15 ch calendar year and shall not be altered during that year :
sue Provided that if the Committee fails to tender advice within the period
ecified under Sub-section (5) of S,ection 6 or such further period not exceeding
~~teen days as the S~ate <?overnm~~t may allow, th_e State Govern~ent may
· f roceed to fix the price without waiting for the advice of the Committee :
P provided further that different prices may be fixed for different units ,
and in so doing regard shall be had amongst other _things to :
(a) the prices of specified forest produce obtained or fixed under
the Act or any other enactment during the preceding three years
in respect of the area comprised in the unit ;
(b) the quality of the specified forest pro<;tuce in the unit ;
(c) transport facilities available in the unit ;
(d) the cost of transport; and
(e) general level of wages for unskilled labour prevalent in the unit
and the provisions of the Minimum Wages Act, II of 1948 .
8. Opening of Depots and Publication of the Price list, etc. at the
Depot - There shall be set up in each unit s.uch number of depots and at
such places as the State Government may taking into consideration the
convenience of the growers of specified forest produce direct and price list
of specified forest produce fixed by the State Government under Section 7
and the hours or business shall be p~ominently displayed on the notice
. board kept for the purpose at every such depot. · -
9. State Government or Agent to Purchase Specified Forest Produce
~ (1) The State Government or their authorised officer or agent shall be
ound to purchase at the price fixed under Section 7 and specified forest
Produce offered ·for sale at the depot during the hours of business :
off Provided that H shall be open to the State Government or the authorised
in ~~e ~ or t~e _.agent to refuse to purchase any specified forest produce which
rnat/ ·'r opinion is not fit for the purpose of consumption or use as raw-
rrat for manufacture or for trade . .
Prod (2) Any ·person aggrieved by the rejection of his specified forest
(1), ~ce by _an_ authorised officer or agent under the pr ovision to Sub-section
Foresty ~,thin fifteen days therefrom , refer the matter to the Divisional
Gover Office~ , or such other officer who may be empower _ed by the State
Specif~rnent in this behalf , having jurisdiction over the unit in which the
1ed to . .
rest produce has been grown or found . .
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392 ODISHA LOCAL LAWS
(3) On receipt of a reference under Sub-section (2) the Divi . Forest Officer or such other officer, as the ~ase may be,.shall hold an e 810na1 in the prescribed manner and after hean~g the parti~s concerned n%ry pass such orders as he may deem fit and m case he finds the reje '. 8ha11 the specified forest produce to be improper, may direct the authorise~~~t 01 or agent as the case may be, to purchase the same and may also 1Cer , . t' t . award the person aggrieved such further compensa ion no exceeding tw to centum of the price of the specified forest produce, payable to hiinty Pe, may deem fit. as he 1((4) The State Governmentor _i~s authorised officer or agent
8 be entitled to take delivery of any specified fores! produce co·llected by ~al1 Person from land owned by the State Government or Government For ny b d t . est 0 payment of such collection charges as may e e ermined by the St n · t t· ate Government from time o 1me :
Provided that it shall be open to the State Government or the author· . · f ISed officer or agent to refuse to take delivery of any such orest produce Which . not fit for consumption or use as raw material for manufacture or trade:
18
Provided further that in the case of a_n~ dispute, the Divi_sional Forest Officer or such other officer who may be_ spec1f1cally empowered in this behalf as specified in Sub-section (2) shall hear and dispose of the same in th~ manner provided in this Act and the Rules made thereunder.]
10. Registration - Every grower of s·pecified forest produce shall ii the quantity of a specified forest produce grown by him during a year
1
is likely to exceed such quantity as may be prescribed got himself registered in the prescribed manner.
11 . Registration of Manufacturers, Traders and Consumers of Specified . Forest Produce - (1) Every · manufacturer who uses any specified forest produce as a raw material and every trader or consumer , whose annual use, requirement or consumption , as the .case may be, exceed~ such quantity as may be prescrib.ed, shall get himself registered within such period on payment of such fee and in such manner, as may be prescribed .
(2) Every such manufacturer , trader or consumer shall submit such declarations , accounts and returns in such forms to such officer and'at such intervals as may be prescr ibed. -
· 12. Disposal of Specified Forest Produce - 2[Specified forest produce purchas~d or collected by the State Government or by its officers or a_gen~! under this Act, shall be sold by auction or by calling tenders or otherwise · · • I rder the State Government may, in public interest , by general or spec1a 0
direct.] .
1~. Ret~il Sal~ of Specified Forest Produce ,. (1) ~o person~:~~ ~n~age himself in retail sale of any specified forest produce except un licence granted under this section . ·1
. retai (2) Th~-State Gover11ment may, for the_ purpose of facilitatin; rnanY sale of a sp~cified forest produce within the State , grant licence to a persons as 1t may deem fit . ___..-./4. 1 · · · ette E · Sub st ituted by Odisha Act 16 of 1987 w.e .f. 5.9.1981 See Odisha GaZ No.1321 Dt. 18.9.1987 .
1289
2. Subst ituted by the Odis ha Act 15 of 1987 See Od isha Gazette Ext. NO -Dt . 14.9.1987 . '
s. 18]
0 . Forest Produce (C.T.) Act, 1981 393
(3) Any person who desires to engage himself in retail sale of any
ecified fore~t produc _e, shall make an application in such form to such
s~thoritY and in such manner as may be prescribed .
a ( 4) The prescribed authority may, on receiving such· application and
paym~nt of such fee as may be prescribed, grant or renew a licence
~:bject to such terms and conditions as may be prescribed .
14. Delegation of ~ower - The State Government may, by order delegate
anY of its powers of functions und~r this Act or the rules made thereunder ,
except those co~ferred under Section (3) of Section 1 and Section 21 to any
officer or author~ty not below the rank of an Assistant Conservator of forests
who shall exercise or -perform the same, subject to such conditions . and
restrictions as the State Government may specify in the order. ·
15-. Power of entry, Search,' Seizure, etc. - (1). Any Police Officer not
below the rank of an Assistant Sub-inspector, or any other person author ised
by the State Government may, with a view to securing · compliance with the .
provision of this Act or the rules made thereunder or to satisfy himself that the
said provisions have been complied with-
(i) stop and se'arch any person, boat, vehicle or receptacle used or
intended to be used for the transport of any specified forest produce;
(ii) enter and search any place; and
(iii) seize ,the specified forest produce in respect of which he suspects
that any provision of this Act or the ru!es made · thereunder has
been, is being or is about to b&contravened along with the receptacles
co·ntaining such produce} or the vehicle or boats used in carrying
such produce,
(2) The provisions of Section 100 of the Code of Criminal Procedure,
1973 (2 of 1974) relating to search and seizure shall, so far as may be,
apply to searches and seizures under this section.
16. Penalty - If any person contravenes any of the provisions of this
Act or the rules made thereunder-
(a) he shall ·be punishable with imprisonment which may extend to
one year or with -fine which may extend to five thousand rupees
or with both;·
(b) the specified forest produce in respect of which suck contravention
have been ·made or such part thereof as the Court may deem fit
shall be forfeited to the Government :
Provided that if the Court is pf the opinion that it is not necessary, to
direct forfeiture in respect of the whole, or, as the case may be, any part of
th~ specified forest produce, it may, for reasons to be recorded, refrain from
doing so. , .
17. 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 provision.
of ·1 s. ~ognizance of Offence .s - No Court shall t~ke c?~nizance of any
fence punishable under this Act except on a report in wnt,ng of the facts
~~n_s~ituting such offence made by a forest officer not below th~ rank bf a
V1s1ona1 Forest Officer or by any other officer as may be authorised by the
state Government in this behalf. ·
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·394 ODISHA LOCAL LAWS
[S_ 19
19. Com position of Offences - ( 1) The 8t ate Government rn
notification , empower any Forest Offi cer- ay, by
(a). to accept from any per son against whom a rea_sonable sus . . exists that he has committed an offence punishable und Pic,ori
Act a sum of money by way of compensation for the er this , h . Offe which suc h person is susp ected to ave committed ; and nee
(b) when any property other th;rn a specified forest produ
been seized as liable to confiscation , to release the sace has
payment of the value thereof as estimated by _officer . me on
(2) on the payment of such sum of money or such value or both the case may be to such officer , the suspected person shall be disch · as
the proper ty, other than the spec ified forest produce, if ~ny, seized s~~ed , re leased and no further proceedings shall be taken against such Pers be . on or property .
(3).A Forest Officer shall not be empowered under this section uni
he is a Forest Officer of a rank not inferior to that o~ a Divisional For::s
Officer , and the sum of money accepted as compensation under Clause (a; of Sub-section (1) shall in no case exceed the sum of rupees.
. 20 . Saving in respect ~facts do~e in _Good Faith - (1) No suit prosecution or other legal proceedings shall lie against any person for anythin'
which is in good faith done or intended , to be so done in pursuance of thi~ Act or th-e rules made thereunder. . .
, (2) No suit or other legal proceedings shall lie against the State
Government _ for any damage caus ·e? or likely to be_ ~aused or any injury suffered or likely to be suffered by virtue of the prov1s1ons of this Act or by
anything which is in good faith don~ or intended to be so done in pursuance
of this Act or the rules made thereunder .
21. Power to make Rules - (1) The State Government may, subject
to the cond ition of previous publication, make rule ·s to carry out all or any of
the provis ions of this Act.
(2) In this particular and without prejudice to the · generality of the
following matters , namely : ·
(a) the terms , conditions and the procedure for appoi.ntment of agents unde r Section 4; ·
(b) (i) the quantity of specified forest produce which may be transported
by a consumer under Section 5 (2) (b);
(ii) the terms and conditions· of a permit subject to which specified
forest produce may be transported , ·the authority ·by which and man·ner in
which such permit shall be issued under Section 5 (2 ·(c) ; .
(c)(i) the manner of conduct of bus iness of committee under Section
6 (3) ;
(ii) · the allowances to which the members of the committee shall be
entitled under Section 6 ( 4) ; ·
(o) the publication of the price-list under Section 7;
(e) the manner ·of holding enquiry urider Section 9 (3);
(f) _(i) the prescription of the quantity of specified fo~·est produce under Section 1 o· '
(ii) the manne r of registrat ion unde r Sectio n 1 O;
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s. z3l
0. Forest Produce (C .T.) Act, 1981 395
(g) (i) prescripti _on of the quantity of specified forest produce under
ection (1) of Section 11;
sub·s . . . . .
(ii) th~ period w!thin _which the fee on payment of which and the
nner in which the regi strat,9n under Sub-section (1) of Section 11 shall
f11 8 de· · be rna , .
(iii) declarations, accounts and returns which shall be submitted
der sub-section (2) of Section 11 and the form in which the Officer to
un rn and the intervals at which they shall be submitted · '
who · (h) (i) the form in which, the authority to whom and t~e manner in which
an application under Sub-s_ection (3) of Section 13 sHall be made;
(ii) the fee for issue and renewal of a licence· and the terms and
nditions subject to which such licence shall be granted u~der Sub-section ' co t· 13· (4) of sec ,on ,
(iii) Any other matter which is either expressly or impliedly required
t be prescribed under this Act. 0 ;
After Section 21 of the principal Act, the following new Section shall
be inserted, namely : ,
. 1[21-A. Notwithstanding any judgment, decree or order of any Court
to the contrary, the notification dated the 9th December, 1982, issued by the
state Government under Sub-section (3) of Section 1 of the princ ipal Act in
respect of sal seeds shall be deemed to have been issued in respect of sal
seeds whether grown or found on land owned by private persons or on land
owned by the State Government or in Government forests and shall be as
valid and effectual as if it was issued under Sub-section (3) of Section 1 of
the principal Act as amenqed by this Act and all instructions and orders
issued or made ·and all acUons taken or things done pursuant to the $aid
notification in respect of sale, purchase and collection of sal seeds shall
be deemed to have been validly made, taken or done under the princ ipal Act
as amended by this Act.] .·
22. Odisha Forest Act, 1972 and other Laws not to apply to Specific
Forest Produce for Purposes covered under the Act - (1) Nothing contained
in the Odisha Fore st Act, 14 of 1972 shall apply to specified forest produce
in respect of matters for which prpvisions are made under this Act .
(2) Nothing contained in any other law, rule, order or any other thing
having a force of law in any region· of the State shall apply to the specified
forest produce in respect of matters for which provi-sions are made under
this Act. ·
23. Power to Exclude Specified Forest Produce from the operation
of the Act - (1) The State Government may, from time to time, by notificat ion,
direct that from a date specified there in, a forest produce specified in the
notification mentioned in or jssued under Sub-section (3),. Section 1 shal l
cease to be a specified forest produce in relation to the areas as may be
specified in the notificat ion.
. (2) The State Government may from time to time, by a like notification ,
direct that from· a date specified therein, the specified forest produce in
relation to the area or areas as may be specified in the said notification .
(3) Every notification issued under Sub-section_(1) ?r Sub-section. (2) shall, as
soon as may be, after it is issued, be laid before· the Leg1slat1ve Assembly. ·
□□□ ,- '
· Inserted by Odisha Act 16 of 1987 w. e. f. 5.9.1981 See, 0 . G. E. No. 1321 Dt; 18.9.1987.