LexThe Telangana Minor Forest Produce (Regulation of Trade) Act, 1971.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA 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 or 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, authorized 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.
2 [Act No. 4 of 1971]
17. Cognizance of offences.
18. Saving in respect of acts done in good faith.
19. Power to make rules.
20. Act I of 1967 not to apply to minor forest produce.
21. Power to remove difficulty.
22. Power to amend the Schedule.
23. Application of section 19 (3) to notifications under
sections 21 and 22.
24. Repeal and saving.
THE TELANGANA MINOR FOREST PRODUCE
(REGULATION OF TRADE) ACT, 1971.1
ACT No. 4 OF 1971.
1. (1) This Act may be called the 2Telangana Minor Forest
Produce (Regulation of Trade) Act, 1971.
(2) It extends to the whole of the 2State of Telangana.
(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. In this Act, unless the context otherwise requires,-
(1) “agent” means an agent appointed under
section 4;
(2) “Committee” means an Adv isory Committe e
constituted under sub-section (1) of section 6;
(3) “Government” means the State Government;
(4) “grower” means-
1. The Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act,
1971 received the assent of the President on 14.01.1971. The said Act in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification
issued in G.O.Ms.No.32, Environment, Forests, Science & Technology
(For.I) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.32, EFS&T (For.I) Department, dated
01.06.2016.
Short title, extent,
commencement
and application.
Definitions.
2 [Act No.4 of 1971]
(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
3Telangana Forest Act, 1967, the Government; and
(ii) in respect of any minor forest produc e 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, tenan t, lesse e or othe r
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
4Telangana Gazette;
(7) “specified a rea” 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;
3. Substituted in G.O.Ms.No. 22, EFS&T (For.I ) Department, dated
13.05.2015.
4. Substituted in G.O.Ms.No.32, EFS&T (For.I) Department, dated
01.06.2016.
Act 1 of 1967.
[Act No.4 of 1971] 3
(9) words and expressions used but not defined in this
Act, and defined in the Telangana Forest Act , 1967 shall
have the meanings respectively assigned to them in that
Act.
3. 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. (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 ag ent 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. (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 Gov ernment 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,
5[shall sell or purchase or cure or otherwise process or
collect or store or transport] any minor forest produce to
which this Act applies.
5.For the words “shall purchase or transport ”, s ubstituted by Act No.
21 of 1974.
Act I of 1967.
Appointment of
agents.
Restriction on
purchase or
transport of minor
forest produce.
Constitution of
units.
4 [Act No.4 of 1971]
6[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),-
7[(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, 7[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.
6[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 subsidi ary distribution
centre situated at a place of work or manufacture.]
7[(3) Any person desiring to sell any minor forest
produce may sell the produce to the Government or the
authorized officer or agent in such form and in such manner
as may be prescribed.]
6. Inserted by Act No. 21 of 1974.
7. Substituted by Act No. 21 of 1974.
[Act No.4 of 1971] 5
8[(4) No growers shall carry on,-
(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. (1) The Government shall, for each year com mencing
on the 1st day of July and ending on the 30 th 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 suc h 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 fai r 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 resp ective minor forest produce,
or manufacture rs of fi nished 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 t o advise
the Government on such other m atters as may be referred
to it by the Government for carrying out th e purposes of this
Act.
8. Added by Act No. 21 of 1974.
Constitution of
Advisory
Committee.
6 [Act No.4 of 1971]
(3) The business of the Committee shall be tra nsacted
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. The Government shall, b y notification and after
consultation with the Committee , fix the pri ce at which any
particular minor forest produce shall be purchased by them
or by any authorised officer or agent, 9[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 s uch 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) prices 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;
9. Substituted by Act No.21 of 1974.
Government to fix
price in
consultation with
Committee.
[Act No.4 of 1971] 7
(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.
8. 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 f orest produce, direct. A price list of such
produce fixed by the Governmen t under section 7 and the
hours of business shall be pr ominently displayed on a
notice board kept for the purpose at every such depot.
9. (1) 10[The Government or authorised officer or ag ent
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,
10. Substituted by Act No. 21 of 1974.
Opening of
depots and
publication of
price list etc., at
depots.
Government,
authorized officer
or agent to
purchase minor
forest produce.
8 [Act No.4 of 1971]
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 a nd after he aring the p arties
concerned or their representative, sh all 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) whe re he considers the minor forest produ ce in
question still suitable for th e manufacture of finished goods
or for any other commercial purpose, direct the authorised
officer or agent, as the case may be, to pur chase the sam e
at the price fixed, for it and may also a ward to th e person
aggrieved such furth er compensation not exceeding twenty
per centum of the price of t he produce payable to him, as
he may deem fit;
(b) where he c onsiders that the minor forest produce
in question has since become unsuitable for manufacture of
finished goods or for any other commercial purpose, dire ct
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 su ch 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 t he
Government may, from time to time, determine:
[Act No.4 of 1971] 9
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 perio d of thirty
days from the date of receipt of such decision, prefer an
appeal to the Government; and the d ecision of the
Government on such appeal shall be final.
10. 11[(1)] Every grower, other than the Government, shall if
the quantity of the minor forest produce grown by him
during a y ear is likely to exceed such quantity as may be
prescribed, get himself registered in such manner as may
be prescribed.
12[(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 recor ded 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.
11. Section 10 renumbered as sub-section (1) by Act No. 21 of 1974.
12. Added by Act No. 21 of 1974.
Registration.
10 [Act No.4 of 1971]
(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. (1) Every manufacturer of finished goods using minor
forest produce, and ev ery 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 register ed
under sub -section ( 1) shall furnish a declaration in such
form, by such date, and in such manner, as may be
prescribed.
12. 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. 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 ma y specify in the
notification.
14. (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-
Registration of
manufacturers of
finished goods
using minor forest
produce and
exporters of minor
forest produce.
Disposal of minor
forest produce.
Delegation of
powers.
Power of entry,
search, seizure,
etc.,
[Act No.4 of 1971] 11
(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) enter and search any place ; and
(iii) where there is reason to believe that an offence
punishable under thi s Act or any rule made thereunder has
been committed in respect of any minor forest p roduce,
seize such minor forest produce together with the
receptacles, if any, in which it is contained and all tools
ropes, chains, boats, vehicles or cattle used in comm itting
any such offence.
(2) Every officer seizing minor forest produce and other
property under cla use (iii) of sub -section (1) shall place on
such prod uce or other property a ma rk indicating that the
same h as been so seized and shall, except wh ere the
offender agrees in writing forthwith to get the offence
compounded in the manner presc ribed, make a report of
such seizure to the Magistrate.
(3) Any forest offi cer not below the rank o f 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 an y report under sub -section
(2), the Magistrate shall, except w here the offence is
compounded, take such measures as may be necessary for
the trial of the accused and the disposal of the minor fores t
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
12 [Act No.4 of 1971]
custody of the forest offi cer not below the rank of the forest
guard or village headman until the compe nsation for
compounding the offence is paid or until an order of the
Magistrate directing its disposal is received.
(6) The provisions of 13sections 102 and 103 of the
Code of Criminal Procedure, 1898, relating to search and
seizure shall, so far as ma y be, apply to searches and
seizures under this section.
15. If any p erson contravenes any of the provision of this
Act or the rules made thereunder-
(a) he shall be punis hed 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 w hich 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 c onveyance or any other
articles used in c ommitting 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 part of the minor forest produce or
other property, it may, for reasons to be recorded, refrain
from doing so.
16. Any person who attemp ts to contravene, or abets the
contravention of, any provision of t his Act or the rules made
thereunder shall be deemed to have contravened such
provisions.
13. See now the relevant provisions of Code of Criminal Procedure,
1973 (Act No.2 of 1974).
Penalty.
Act V of 1898.
Attempts and
abetment.
[Act No.4 of 1971] 13
17. No court shall take cogni zance of any offence
punishable under this Act except on a report in writing of the
facts c onstituting such offence made by any forest officer
not below the rank of a Divisional Forest Officer or su ch
other officer as may be authorised by the Government in this
behalf.
18. (1) No suit, prosecution or other legal pro ceedings
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 thereunder.
(2) No suit or other legal proceedings shall lie against
the Government for any damage caused or likely to be
caused or any i njury 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. (1) The Government may, by notification and subject to
the c ondition 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 g enerality
of the foregoing provision, su ch rules may provide for all or
any of the following matters, namely,-
(a) the terms and conditions of, and the proc edure to
be followed in making appointment of agents;
(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 m inor forest produce to
be brought from outside the State may be regulated;
Cognizance of
offences.
Saving in respect
of acts done in
good faith.
Power to make
rules.
14 [Act No.4 of 1971]
(d) the manner of transac ting 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) t he manner of r egistration, 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 authori ty 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 b efore 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 fo urteen
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 a nnulment of the rule , the rule sh all, from
the date on which the modification or annulment is notified,
have effect only in such modifi ed form or shall stand
annulled, as the ease may be; so however, that any such
[Act No.4 of 1971] 15
modification or annulment shall be wit hout prejudice to the
validity of anything previously done under that rule.
20. Nothing in the 14Telangana Forest Act , 1967, shall
apply to minor forest produce in respect of matters for which
provisions are contained in this Act.
21. If any diffi culty arises in giving effe ct to the provisions
of this Act, the Government may, subject to the provisions of
section 23 , by the 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. The Government may, subj ect to th e provisions of
section 23, from time to tim e, by notification, add to, or
modify the Schedule after considering the necessity in the
public interest of regulating the tr ade of any minor forest
produce and on any such notification being issued, the
Schedule shall be deemed to be amended accordingly.
23. The provisions of sub -section (3) of section 19 shall
apply in relat ion to a notification issued under secti on 21or
under section 22 , as they apply in re lation to a rule made
under section 19 with the substitu tion of references to the
“notification” for references to the “rule”.
24. (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
14. Adapted by G.O.Ms.No.22, EFS&T (For.I) Department, dated
13.05.2015.
Act I of 1967 not
to apply to minor
forest produce.
Power to remove
difficulty.
Power to amend
the Schedule.
Application of
section 19 (3) to
notifications
under sections 21
and 22.
Repeal and
saving.
Act XLIX of 1956
Ordinance 5 of 1970.
16 [Act No.4 of 1971]
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.
* * *