LexThe Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972
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THE UTTAR PRADESH TENDU PATTA (VYAPAR VINIYAMAN)
ADHINIYAM, 19721
[U.P. Act no. 19 of 1972]
Amended by
U.P. Act no. 06 of 1973
U.P. Act no. 16 of 1973
U.P. Act no. 15 of 1979
U.P. Act no. 05 of 1980
[Passed in Hindi by the Uttar Pradesh Legislative Assembly
on April 7, 1972 and by the Uttar Pradesh Legislative Council on
April 14, 1972.
Received the assent of the Governor on April 24, 1972, under
Article 200 of the Constitution of India and was published in the
Uttar Pradesh Gazette (Extraordinary) dated April 25, 1972.]
AN
ACT
to provide, in the public interest, for the creation of State
monopoly in the purchase and distribution of tendu leaves and for
matters connected therewith.
It I S HEREBY enacted in the Twenty -third Year of the
Republic of India as follows:-
Short title
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Tendu Patta
(Vyapar Viniyaman) Adhiniyam, 1972.
(2) It extends to the whole of Uttar Pradesh.
2[(3) It shall be deemed to have come into force, in the districts
of Allahabad, Mirzapur, Banda, Hamirpur, Jhansi and Varanasi on
March 2, 1972, and shall come into force in the rest of Uttar Pradesh
on such date as the State Government may by notification in Gazette,
appoint and different dates may be appointed for different areas of
Uttar Pradesh.]
Definitions 2. In this Act, unless the context otherwise requires-
(a) "agent”, in relation to a unit, means an agent
appointed under section 4 in respect of such unit;
(b) "unit" means a unit constituted under section 3;
(c) "tenure holder" means a a bhumidhar, sirdar, asami,
Government lessee or other Government grantee;
(d) “grower of tendu leaves” means–
Act XVI of
1927
(i) in respect of tendu leaves grown on land which is
for the time being vested in and held by the State
Government or constituted as a reserved forest or
protected forest un der the Indian Forest Act, 1927 the
State Government.
——————————————————————————————————————————
1. For Statement of Objects and Reasons, please see U.P. Gazette (Extraordinary) dated April 5, 1972.
2. Subs. and be deemed always to have been substituted by section 2 of U.P. Act no. VI of 1973.
[The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972]
4
(ii) in respect of tendu leaves grown on land which is for
the time being vested in and held by a Goan Sabha or other
local authority, — such Gaon Sabha or other local
authority.
(iii) in respect of tendu leaves grown on land which is
for the time being held by a tenure -holder, such tenure -
holder.
(iv) in respect of tendu leaves grown on land which is for
the time being held by a mortgagee in possession or tenant
or lessee on behalf of the State Government or such Goan
Sabha, local authority or tenure -holder as aforesaid, —
such mortgagee in possession, tenant or lessee, as the
case may be.
(v) in respect of tendu leaves grown on land which is for
the time being in the custody of a receiver appointed by a
court or by some other authority in exercise of a power
conferred by law,–such receiver;
(vi) in respect of tendu leaves grown on land which is for
the time being held by any other person, such person;
Act XVI of
1927
Constitution
of Units
Appointment
of agents
Restriction
on sale,
purchase and
transport of
tendu leaves
(e) "appointed day" in relation to any area, means the day
on which this Act comes into force in that area;
1 [(f) 'year’ means the year beginning on the first day of
January;]
(g) "prescribed" means prescribed by rules made under this
Act;
(h) words and expressions used but not defined in this Act,
and defined in the Indian Forest Act, 1927, shall have the
meanings assigned to them in that Act.
3. The State Government may divide any area into such number
of units as it may deem fit.
4. (1) The State Government may, for the purpose of purchase
of, and trade in tendu leaves on its behalf, appoint agents in respect of
different units, and any such agent may be appointed in respect of
more than one unit.
(2) The terms and conditions of, and the procedure respec -ting,
such appointment, shall be such as may be prescribed.
5. 2[(1)] On and after the appointed day–
(a) no person shall sell tendu leaves to any person other than
the State Government or an officer of the State Government authorised
by it in that behalf or an agent in respect of the unit in which the leaves
have grown ;
(b) no person other than such Government officer or agent shall
purchase tendu leaves from any person other than such Government,
officer or agent, or collect tendu leaves grown on any land of which he
is not owner or tenure-holder;
(c) no person other than such Government, officer or agent shall
transport tendu leaves except in the following cases, namely:-
——————————————————————————————————————————
1. Subs. and be deemed always to have been substituted by section 3 of U.P. Act no. VI of 1973.
2. Renumbered and be deemed always to have been renumbered as sub-section (1) of Section 5 by sec. 4 of
U.P. Act no. 6 of 1973.
[The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972]
6
(i) where he being a grower of tendu leaves transports them from
any place within the unit wherein such leaves have grown to any other
place in that unit; or
(ii) where he transports them on behalf of such Government,
officer or agent; or
(iii) where he has purchased the leaves from such Government,
officer or agent either for the manufacture of bidis within Uttar Pradesh
or for sale of the leaves outside Uttar Pradesh, and he transports them
outside the unit in accordance with the terms and conditions of a
permit issued in that behalf by such authority and in such manner as
may be prescribed.
1 [(2) Notwithstanding anything in su b-section (1) the State
Government or an officer of the State Government authorised by it in
that behalf may on such terms and conditions and in such manner as
may be prescribed,-
(a) permit any person, who had purchased tendu leaves in
the year 1971 or earlier,-
(i) to sell such leaves to any person other than the State
Government or an officer or agent referred to in clause (a) of
sub-section (1), and permit any person other than such
Government, officer or agent to purchase the said leaves; or
(ii) to transport such leaves to any place within Uttar
Pradesh or to export them outside Uttar Pradesh; or
(b) permit any person referred to in sub -clause (iii) of
clause (c) of sub -section (1) to sell within Uttar Pradesh any
tendu leaves which he has been unable to utilise in the
manufacture of bidis within Uttar Pradesh or, as the case may
be, to export outside Uttar Pradesh ; or
(c) permit any person, who has purchased any tendu
leaves outside Uttar Pradesh to bring them inside the State
either for manufacture of bidis within the State or for
transporting them elsewhere outside Uttar Pradesh; or
(d) permit any person, who has purchased any tendu
leaves within Uttar Pradesh outside any area to which this Act
applies to transport them to any area to which this Act applies
for the manufacture of bidis.
2[(3) A person to whom a permit referred to in clause (b) or clause
(c) or clause (d) of sub -section (2) is granted shall be liable to p ay, in
the manner prescribed, a tax at the rate of three rupees per standard
bag of tendu leaves.]
3[5-A (1) Notwithstanding anything contained in this Act but
subject to section 16, the State Government or an officer empowered by
it by general or special order in this behalf, may by permit authorise in
the manner prescribed a person to whom the State Government has sold
or with whom it has agreed to sell tendu leaves to collect the same on
——————————————————————————————————————————
1. Inserted and be deemed always to have been inserted by section 4 of U.P. Act no. VI of 1973.
2. Subs. by sec. 2 of U.P. Act no. 5 of 1980.
3. Ins. by sec. 2 of U.P. Act No. 15 of 1979.
[The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972]
8
its behalf directly from the grower of tendu leaves, on payment of price
thereof to such growers.
(2) The permit referred to in sub -section (1) shall specify the
estimated quantity sold, the name of the grower of tendu leaves, the
amount required to be paid to such grower and such other particulars
as may be prescribed.
(3) A person authorised under subsection (1) shall be deemed to
be an agent for all or any of the purposes of this At as may be
prescribed, but shall not be entitled to payment of any amount by way
of commission or otherwise for the collection of tendu leaves.] 1
Constitution
of Advisory
Committee
6. (1) The State Government shall for each year constitute for
each such Division of a Commissioner, where tendu leaves grow, an
Advisory Committee which shall consist of not more than nine
members nominated by the State Government:
Provided that not more than one -third of such members shall
be from amongst persons who are growers of tendu leaves.
(2) The Advisory Committee for each division shall advise the
State Government in the matter of fixation from time to time of a fair
and reasonable price at which tendu leaves offered for sale may be
purchased by or on behalf of the State Government in that division,
and also 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.
Fixation of price
by State
Government
7. (1) The State Government shall having regard to the
following among other factors fix the price at which tendu leaves
shall be purchased by or for 2[****] in each unit of the division
during the year namely:-
(a) the price of tendu leaves, if any, fixed under this Act
during the preceding three years in respect of the unit;
(b) the quality of the leaves grown in the unit;
(c) the transport facilities available in the unit;
(d) the cost of transport; and
(e) the general rate of wages for unskilled labour prevalent
in the unit;
(2) The price so fixed shall be published 3[***] in such manner
as the State Government may direct, 4[and shall not be reduced ]
during the year to which it relates.
(3) Where an Advisory Committee has been constituted
under section 6 before the fixation of price under sub-section (1), the
Advisory Committee shall, wherever practicable, be consulted by the
State Government before such fixation.
State
Government to
purchase all
tendu leaves
offered for sale
8. (1) The State Government shall be bound to purchase at
the price fixed under section 7 all tendu leaves offered for sale to or
for it during the normal hours of business at a depot set up by the
State Government in that behalf:
——————————————————————————————————————————
1. Ins. by sec. 2 of U.P. Act No. 15 of 1979.
2. Omitted and be deemed always to have been omitted by section 5 of U.P. Act no. VI of 1973.
3. Omitted and be deemed always to have been omitted by section 2 of U.P. Act no. 16 of 1973.
4. Subs. and be deemed always to have been substituted by section 2 ibid.
[The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972]
10
Provided that it shall be open to an officer of the State
Government or agent, as the case may be, appointed in that behalf
to refuse to purchase any leaves which in his opinion are not fit for
the purpose of manufacture of bidis.
(2) Any person aggrieved by the rejection of his leaves by an
officer or agent under the proviso to sub -section (1) may, within
fifteen days therefrom, and in the manner prescribed complain to
the Divisional Forest Officer, or such other officer as may be
empowered. by the State Government in that behalf.
(3) On receipt of a complaint under sub -section (2), the
officer concerned shall hold summary inquiry and pass such order
as he may deem fit, and in case he finds the rejection of the leaves to
be improper he may-
(a) if he considers the leaves in question still suitable for
manufacture of bidis, direct the authorised officer or agent,
as the case may be, to purchase the same and also direct the
payment to the person aggrieved of such compensation not
exceeding twenty per centum of the price of the leaves
payable to him, as he may deem fit; or
(b) if he considers that the leaves in question have since
become unsuitable for manufacture of bidis, direct the
authorised officer or agent, as the case may be, to pay to the
person aggrieved an amount equivalent to the price of such
leaves payable to him under sub-section (1) and such further
compensation not exceeding ten per centum of such price as
he may deem fit by way of damages for the loss suffered by
such person.
(4) Notwithstanding, anything in sub -section (1), where the
State Government or its authorised officer or agent has reason to
believe that any tendu leaves offerred for sale were grown on any
land which is vested in and held by the State Government or which
is constituted as reserve frorest or protected forest, such leaves may
be appropriated without payment of price; and on payment only of
such collection charges, if any, as the State Government may from
time to time determine.
(5) The provisions of sub -sections (2) and (3) shall mutatis
mutandis apply in relation to any action taken under sub-section (4).
(6) Every order passed under this section shall be final and
shall not be called in question in any Court.
Registration of
growers, etc.
9. (1) Every grower of tendu leaves other than the State
Government or a Gaon Sabha or other local authority shall, if the
quantity of leaves grown by him during a year is likely to exceed,
such quantity as may be prescribed, get himself registered in the
prescribed manner.
Registration of
manufacturer of
bidis and
exproter of
tendu leaves
(2) Every manufacturer of bidis and every exporter of tendu
leaves shall get himself registered on payment of such fee and in
such manner as may be prescribed.
[The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972]
12
Disposal of the
leaves
10. (1) Tendu leaves purchased by or for the State
Government shall be sold or otherwise disposed of in such manner
as the State Government may direct.
(2) The sale of tendu leaves in respect of which the grower is
the State Government or a Gaon Sabha or other local authority shall
be governed by, and where the Government sells or causes to be
sold the tendu leaves grown in any area in respect of a part of which
the grower is the State Government and in respect of another part of
which the grower is a Gaon Sabha or other local authority, the net
proceeds of such sale shall be apportioned between the State
Government and such Gaon Sabha or other local authority in
accordance with, any general or special order of the State
Government issued in that behalf.
Delegation of
Powers
11. The State Government may by general or special order
delegate any of its powers or funct ions under this Act or the rule
made thereunder to any officer not below the rank of an Assistant
Conservator of Forests, who shall exercise or perform the same
subject to such conditions or restrictions, if any, as the State
Government may specify in the order.
Powers of entry,
search, seizure,
etc.
12. (1) Any police officer not below the rank of a sub -
inspector or any forest officer 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
tendu leaves;
(ii) enter and search any place;
(iii) seize tendu leaves 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 along with
the receptacle containing such leaves, or the vehicle or boa ts
used in carrying such leaves.
Act no. V of
1898
(2) The provisions of sections 102 and 103 of the Code of
Criminal Procedure, 1898, of relating to search and seizure shall, so
for as may be, apply to searches and seizures under this section.
Penalty 13. If any person contravenes any of the provisions of this
Act or the rules made thereunder he shall be deemed to have
committed a forest-offence and the tendu leaves, if any, in respect of
which such offence is committed shall in relation to the commission
of such offence be deemed to be forest produce, and the provisions
of Chapter IX of the Indian Forest Act, 1927, as amended in its
application to Uttar Pradesh (excepting section 69) shall accordingly
apply with necessary modifications.
Offences by
Companies
14. (1) If the person committing an offence under this Act is
a company, the company as well as every person incharge of and
responsible to the company for the conduct of its business at the
time of the commission of the offence shall be deemed to be guilty of
the offence and shall be liable to be proceed ed against and punished
accordingly:
[The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972]
14
Provided that nothing contained in this sub -section shall
render any such person liable to any punishment if he proves that
the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such
offence.
(3) Notwithstanding anything contained in sub -section (1)
where any offence under this Act has been committed by a company
and it is proved that the offence has been committed with the
consent or connivance of, or that the commission of the offence is
attributable to any neglect on the part of any managing agent,
secretaries and treasurers, director, manager or other officer of the
Company, such managing agent, secretaries and treasurers,
director, manager or other officer of the Company shall also be
deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation— For the purposes of this section-
(a) "company" means any body corporate, and includes a
firm or other association of individuals, and
(b) "director", in relation to a firm means a partner in the
firm.
Cognizanon of
offence
15. 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
Divisional Forest Officer or by any other officer as may be empowered
by general or special order of the State Government, in that behalf.
Provisions of
Act to have
overiding
effect
16. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any
other law or in any contract or other instrument.
Savings in
respect of Acts
done in good
faith
17. (1) No suit, prosecution or other legal proceedings shall lie
against any person for anything which is in good faith done or
intended to be done in pursuance of this Act or the rules made there -
under.
(2) No suit or other legal proceedings shall lie against the State
Government for any damage caused or likely to be caused or any
injury suffered or likely to be suffered by virtue of the provisions of
this Act or the rules made thereunder or by anything which is in good
faith done or intended to be done in pursuance of this Act or the rules
made thereunder.
Power to make
rules
18. (1) The State Government 1[may by notification in the
Gazette make rules] for carrying out purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:-
(a) the procedure to be followed in making appointment of
agent;
——————————————————————————————————————————
1. Subs. and be deemed always to have been substituted by section 6(1) of U.P. Act no. 6 of 1973.
[The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972]
16
(b) the publication of the price lists of tendu leaves;
(c) the manner of holding inquiries under this Act;
1[(d) the authority by whom, the manner in which, and the
conditions subject to which, permits may be issued under
section 5 and the manner in which tax under sub -section (3) of
section 5 shall be paid or realised;]
(e) the manner of registration under section 9; the period
within which such registration shall be made, and the fee
payable under sub-section (2) thereof;
(f) the guiding principles for the determination of
compensa- tion under sub -section (3) of section 8;
(g) any other matter which has to be, or may be prescribed.
(3) All rules made under this Act shall as soon as may be after
they are made be laid before each House of the State Legislature,
while it is in session, for a total period of not less than thirty days,
extending in its one session or more than one successive sessions,
and shall, unless some later date is appointed, take effect from the
date of their publication in the Gazette, subject to such modifications
or annulments as the two Houses of the Legislature may agree to
make; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done
thereunder.
2[(4) Notwithstanding anything in sub -section (3), any rules
made within one year from the commencement of this Act may be
made retrospectively to a date not earlier than the commencement of
this Act.1]
Teansitory
provision
19. Where at any time between July 1, 1971 and February 24,
1972 any grower of tendu leaves had entered into any contract for the
sale of tendu leaves expected to be grown by him during the year
1972 to any trader and obtained an advance from such trader
towards the price of the leaves expected to be delivered to the trader
under such contract, then notwithstanding that by virtue of the
provisions of sections 5 and 16 such contract shall have become void
on the appointed day, the said grower and trader may make a joint
application before the Divisional Forest Officer or an officer authorised
by him in that behalf giving particulars of such advance, and
thereupon the said officer, on being duly satisfied that the application
has been voluntarily made by the grower, may direct the officer or
agent referred to in section 8 to pay on behalf of the grower to such
trader a sum, not exceeding the total unpaid amount of the advance
without any interest or compensation, out of the price due to the
grower for leaves sold under section 8, and the liability of the State
Government or the agent to the grower and of the grower to the trader
shall to the extent of such payment stand discharged, and the grower
shall not be liable to pay any interest or compensation in respect of
such advance.
——————————————————————————————————————————
1. Subs. by sec. 3 of U.P. Act No. 5 of 1980.
2. Inserted by section 6(3) of U.P. Act No. 6 of 1973.
[The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972]
18
Validation 20. The notice no. 1942/XIV -2-71-72, dated March 29, 1972,
published by the State Government in the Gazette, dated March 30,
1972, by which applications were invited for appointment as agents
for units and the tender notice no. 1861/XIV -II-72, dated March 22,
1972, issued by the State Government by which tenders were invited
from persons desirous of purchasing tendu leaves collected or likely to
be collected by the State Government or by its officers or agents and
anything done or any action taken in pursuance of the said notices
shall be deemed to be and always to have been as valid as if the rules
made by the State Government under section 18 and published in the
Gazette, dated March 17, 1972 had come into force on March 17,
1972.
Repeal U.P.
Ordiance No. 1
of 1972
1[21 (1) The Uttar Pradesh Tendu Patta (Vyapar Viniyaman)
Adhyadesh, 1972 is hereby repealed.]
2[(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance, shall be deemed to have been done
or taken under this Act as if this Act, was in force at all material
times. ]
————
——————————————————————————————————————————
1. Renumbered as sub-section (1) of section 21 by sec. 7 of U.P. Act No. 6 of 1973.
2. Ins. by sec. 7 ibid.