Amendment status not verified — confirm the current text below against the official source.
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 · Sub5tituted by Odisha Act 4 of 1989, w.e. f. 5. 9.198'1, See Odis ha Gazette Ext. No. 517 Dt. 3.4.1989. ◄ "" 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 local 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 provisions 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 1987 w.e . · · No. 1321 Dt.- 13.9.1987 . O G. E. No. 1289 ot. 14.9.1987 . 2· Deleted by Odisha Act 15 of 1987 See · . I I 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 8i: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.