Section 5 in The Orissa Forest Produce (Control of Trade) Act, 1981
5. Restriction on Purchase and Transport and Rescission of Subsisting Contracts.
- [(1) Notwithstanding any provision to the contrary in any other law, On the issue of a Notification under Sub-section (3) of Section 1 in respect of any area,.-(a)all contracts for the purchase, sale, gathering or collection of specified forest produce grown or found in the said area and all grants of profit-a-prendre including the right to enter upon the land, fell, cut and remove the specified forest produce from the said area, shall stand rescinded whether such forest produce is grown or found on land owned by private persons or on land owned by the State Government or in Government forests :Provided that rescission of such contracts and grants shall not affect the customary rights, if any, of the local Tribals to gather and collect the specified forest produce.] [Substituted by Orissa Act 4 of 1989, w.e.f. 5.9.1981, See Orissa Gazette Extraordinary No. 517 dated 3.4.1989.](b)no person other than-(i)the State Government,(ii)an officer of the State Government authorised in writing in that behalf, or(iii)an agent in respect of the unit in which the specified forest produce is grown or found,shall purchase or transport any specified forest produce in the 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.Explanation III - 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.[Explanation IV [Inserted by Orissa Act 16 of 1987 w.e.f. 5.9.1981 See Orissa Gazette Extraordinary No. 1321 dated 13.9.1987.] - The Explanations I to III 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 contracts referred to in Clause (a) from the operation of the provision for recession of contracts contained in the said Clause (a).](2)Notwithstanding anything contained in Sub-section (1) -(a)a grower of forest produce other than Mahua may transport his produce from any place within the unit wherein such produce is grown or found to any other place in that unit and a grower of Mahua may transport the Mahua grown by him from any place within the district wherein such Mahua is grown or found to any place within that District.(b)[* * * *] [Deleted by Orissa Act 15 of 1987 See O. G. E. No. 1289 dated 14.9.1987.](c)any person having right to that effect over any forest in respect of any specified forest produce under any law for the time being in force, may transport such produce for his domestic use or consumption in such quantity and subject to such terms and conditions as may be prescribed.(3)Any person desiring to sell any specified forest produce may sell them to the aforesaid Government officer or agent at any depot situated within the unit wherein such produce was grown or found :Provided that State Government, the Government officer or the agent shall not be bound to re-purchase specified forest produce once sold.(4)Any person who has paid any amount as an advance in respect of any such contract as is rescinded under Sub-section (1) shall on an application made to the prescribed authority within six months from the date of issue of the notification referred to in the said subsection be entitled to the refund of such portion of the amount of advance as it proportionate to the unexpired portion of the period for which the contract was entered into.
