Section 4 in The M.P. Van Upaj Ke Kararon Ka Punrikshan Niyam, 1987
4. Determination of market value under Section 4.
(1)The market value of a forest produce shall be determined by the State Government, after taking into consideration, the following factors, namely,-(a)the sale prices obtained in the open and negotiated sales of such forest produce effected by or on behalf of the State Government or its agent within the State during a period of twelve months preceding the date of commencement of the supply year :Provided that, where no such sale was held in the State of Madhya Pradesh during the period of twelve months, or the number or magnitude of sales transactions that have taken place during that period is not, in the opinion of the State Government, adequate for the purpose of determining the market value, the State Government shall take into consideration the sale prices obtained in such sales held during a period of twenty four months preceding the date of the supply :Provided further that if, in the opinion of the State Government, the quantity of forest produce involved in a sale is too small or insignificant to serve as a representative instance for the determination of the market value, the State Government may, having regard to the facts and circumstances of the case, ignore such sale;(b)the weightage to be given to the quality and quantities involved in the sales referred to in clause (a) where there is more than one sale;(c)the general trend in the price of the forest produce since the dates of sales referred to in clause (a);(d)the weightage to be given to the proximity or otherwise of the areas, where the sales referred to in clause (a) have taken place, to the areas, from where the supply of forest produce is to be made to the purchaser; and(e)any other factor which, in the opinion of the State Government, is relevant to the determination of market value.(2)Where no sale of a forest produce has taken place within the Slate, during the period referred to in a clause (a) of sub-rule (1), the market value of forest produce shall be determined by the State Government, taking into consideration the open and negotiated sales transaction of such forest produce effected in on or more of the States adjoining the State of Madhya Pradesh but keeping in view, as far as possible, the factors mentioned in sub-rule (1).Explanation. - For the purposes of this rule, "Open Sales" shall include sales effected by public auctions or by inviting public or limited tenders, and "negotiated sales" shall exclude sales in which the price or the rate for sale or supply is fixed by the supplier under a pre-existing agreement.
