Amendment status not verified — confirm the current text below against the official source.
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 Republic of India, as follows : Statement of Objects and Reasons - Smuggling of various forest produces are increasing day by day. The present provisions of the Odisha Forest Act, 19'.2 for checking, hoarding and transport of forest are not adequate to bring the culpnt~ to book. ! he said Act is not. adequate for imposition 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, Charmaji, Karanja and the like are grown in private holdings as well 8~ in the forest areas owned by Government. Unscrupulous traders take advantage 0 this situati9n and evade the law under 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. 1981-Notfn . No. 14589 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 the 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 0disha 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.