LexThe Telangana Forest Produce (Fixation of Selling Prices) Act, 1989.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA FOREST PRODUCE (FIXATION OF SELLING
PRICES) ACT, 1989.
(ACT NO. 29 OF 1989)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Supply of forest produce under agreement, etc.
4. Fixation of selling price.
5. Termination of leases and contracts.
6. Recovery of amount due under the Act.
7. Saving in respect of acts done in good faith.
8. Act to override other laws.
9. Constitution of Industrial Plantation Fund.
10. Power to make rules.
THE TELANGANA FOREST PRODUCE (FIXATION OF
SELLING PRICES) ACT, 1989.1
ACT No. 29 OF 1989.
1. (1) This Act may be called the 2Telangana Forest
Produce (Fixation of Selling Prices) Act, 1989.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(a) ‘appointed date ’ means the date specified under
sub-section (3) of section 1;
(b) ‘forest produce’ means such forest produce as may,
from time to time, be specified by the Government by
notification for the purposes of this Act;
(c) ‘Government’ means the State Government of
2Telangana;
(d) ‘notification’ means a notification published in the
2Telangana Gazette, and the word ‘notified’ shall be
construed accordingly;
1. The Andhra Pradesh Forest Produce (Fixation of Selling Prices) Act,
1989 received the assent of the Governor on the 10th November, 1989.
The said Act in force in the com bined State, as on 02.06.2014, has been
adapted to the State of Telangana, under sec tion 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the
notification issued in G.O.Ms.No.36, Environment, Forests, Science &
Technology (Forest.I) Department, dated 01.06.2016.
2.Substituted by G.O.Ms.No.36, E.F .S&T (Forest .I) Department, dated
01.06.2016.
Definitions.
Short title, extent
and
commencement.
2 [Act No. 29 of 1989]
(e) ‘prescribed’ means prescribed by rules made under
this Act.
3. (1) No lease, agreement or any other arrangement
entered into or made by the government providing for the
supply of forest produce by the government shall be for a
term exceeding ten years; and the supply under every such
lease, agreeme nt or other arrangement shall,
notwithstanding anything to the contrary contained in such
lease, agreement or other arrangement, be subject t o the
condition of availability of such forest produce.
(2) Notwithstanding anything contained in the Indian
Contract Act, 1872 or the Transfer of Property Act , 1882 or
any other law for the time being in force or any jud gment,
decree or order of any court, Tribunal or authority to the
contrary, every lease or agreement or any other
arrangement providing for the supply of for est produce by
the Government granted or entered into prior to the
appointed date,-
(a) for a term exceeding ten years and in force on the
appointed date; shall cease to be in force on the expiry of
the period of ten years with effect from the date when such
lease or agreement came into force; and
(b) shall be and shall be always deemed to be subject
to the condition of availability of such forest produce.
4. Notwithstanding anything contained in the In dian
Contract Act , 1872 or t he Transfer of Property Act, 1882 or
any other law for the time being in force or any judgment ,
decree, or order of any Court, Tribunal or other authority or
in any lease, agreement or other arrangement, it shall be
competent for the Government by notification to fix sliding
rates for each year effective for three years and also to
enhance or reduce such sliding rates for the next three
Supply of forest
produce under
agreement, etc.
Central Act 9 of 1872.
Central Act 4 of 1882.
Fixation of selling
price.
Central Act 9 of 1872.
Central Act 4 of 1882.
[Act No. 29 of 1989] 3
years in respect of the s elling price of the forest produce to
be supplied unde r any lease, agreement or other
arrangement with effect from su ch date as may be specified
in the notification , having due regard to such principles as
may be prescribed.
5. Notwithstanding anything contained in th e Indian
Contract Act, 1872, t he Transfer of Property Act, 1882 and
any other law for the time being in force, it shall be lawful for
the Government to te rminate any lease, agreement or any
other arrangement granted or entered into before or after
the appointed date, in case,-
(a) the price for the produce sold has not been paid to
the Government in accordance with the terms of the lease,
agreement or any other arrangement;
(b) the negligent operations of the lease resulted in
depletion of the forest produce.
6. If the selling price payable under any lease , agreement
or any other arrangement has not been paid within the time
specified therefor to the Gove rnment, the Chief Conservator
of Forests may if the amount continues to be due, issue a
certificate to the District Collector for the amo unt due and
the Di strict Collector shall proceed to recover the same as
arrears of land revenue.
7. No suit or other legal proceedings shall lie against the
Government or any of their Officers for any damage caused
or likely to be caused or any injury suffered or likely to be
suffered by virtue of the enforcement of the provisions of this
Act or for anything which in good faith done or intended to
be so done in pursuance of this Act or the rules made
thereunder.
Termination of
leases and
contracts.
Central Act 9 of 1872.
Central Act 4 of 1882.
Recovery of
amount due under
the Act.
Saving in respect
of acts done in
good faith.
4 [Act No. 29 of 1989]
8. The pro visions of this Act and the rules made
thereunder shall have effect, notwithstanding anything
inconsistent therewith in any other law for the time being in
force, or any custom, usage or agreement, or decree or
order of a Court, Tribunal or other authority.
9. (1) There shall be constituted in the manner prescribed
a fund called the 3Telangana Industrial Plantation Fund.
(2) From out of the sel ling price payable by the allotees
of fores t produce under section 4, such sum or sums as
may be prescribed in this behalf shall, first be credited to the
Consolidated Fund of the State, and thereafter under
appropriation duly made by law in this behalf, form part of,
and be transferred to the 3Telangana Industrial Plantation
Fund.
(3) Any sum or sums transferred to the said Fund under
sub-section (2) shall be charged upon the consoli dated
Fund of the State.
(4) The sums at the credit of the said Fund shall not be
expended for any purposes not connected with the raising
of industrial plantations or afforestation or purposes
incidental thereto.
10. (1) The Government may, by notilication, make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislat ure of the State, if
it is in session and if it is not in session in the session
immediately following for a total period of fourteen days
which may be comprised in one session, or in two
3. Substituted by G.O.Ms.No.36, E.F.S&T (Forest.I) Department, dated
01.06.2016.
Act to override
other laws.
Constitution of
Industrial
plantation Fund.
Power to make
rules.
[Act No. 29 of 1989] 5
successive sessions, and if before the expiration of the
session in which it is so laid or the session immediately
following the Legislat ure agrees in making any modific ation
in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified
have effect only in such modified form or shall stand
annulled, as the case may be; so however, that any such
modification or annulment shall be without prejudi ce to the
validity of anything previously done under that rule.
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