Section 31 in Andhra Pradesh Forest Contract (Disposal of Forest Produce) Rules, 1977
31. Action for breach of contract.
- (i) For breach of any of the provisions of the Andhra Pradesh Forest Act, 1967 or the rules made thereunder or conditions of sale, either by the Forest Contractor himself, or his agent or servant, the Divisional Forest Officer shall call for the explanation of the Forest contractor or his authorised agent and after taking the explanation if any tendered within the time specified into consideration, the Divisional Forest Officer, may:(1)(a)terminate the contract and simultaneously forfeit (in favour of the Government) all the sums paid as sale amount or otherwise and in addition levy compensation for the damage caused by breach; or(b)forfeit the security deposit in full or part and allow continuance of the contract, provided the security deposit is reimbursed to the full extent; or(c)forfeit the security deposit and also levy compensation for the damage caused by such breach and allow continuance of the contract, provided the security deposit is reimbursed to the full extent and compensation paid.(2)The Divisional Forest Officer is competent to suspend the working of any unit by the Forest contractor when the breach specified in this sub rule comes to his notice, pending investigation and decision but such suspension shall not normally exceed one month. The contractor will not be entitled to compensation either by way of extension in lease period or of any other nature for such period of suspension in work.(ii)On termination of the contract, the instalment amounts not due on the date of termination shall also become due and recoverable with immediate effect.(iii)On termination of the contract under the sub rule (i) or lapse of a contract on expiry of the period of contract the Divisional Forest Officer shall take action in accordance with the provisions of section 70 of the Andhra Pradesh Forest Act, 1967, to recover the amounts, duly ascertained and payable by the Forest contractor.(iv)For the purpose of this rule, the Divisional Forest Officer shall be the competent authority to determine the person causing the damage and the value of the damage caused.Explanation. - For the purpose of the sub rule (i) the damage means the actual loss caused to the Government in so far as money can do, for the loss of time and inconvenience resulting from such breach.
