Section 7 in The Orissa Kendu Leaves (Control of Trade) Act, 1961
7. Government and their Officer or Agent bound to Purchase.
(1)The Government or their authorised officer or agent shall be bound to purchase at the price fixed under Section 4, Kendu leaves which are offered to them for sale at the depot during the hours of business:Provided that it shall be on to Government or any officer or agent not to purchase any leaves which in their opinion are not fit for the purpose of manufacture of bidis.(2)[ Any person aggrieved by the rejection of his leaves by the Government or by an authorised officer or agent under the proviso to Sub-section (1), may within fifteen days therefrom, refer the matter to the Divisional Forest Officer, or such other officer as may be empowered by Government in this behalf, having jurisdiction, over the unit in which the leaves have grown.] [Substituted by Orissa Kendu Leaves (Control of Trade) (Amendment) Act 6 of 1969.](2-a) Any person, to whom price is paid at a rate lower than the rate fixed under Section 4 for Kandu leaves sold by him to the Government or their authorised officer or agent, may refer the matter to the aforesaid officer within fifteen days from the date of such payment.(2-b) On receipt of a reference under Sub-section (4), the Divisional Forest Officer or such other officer, as the case may be, shall hold an enquiry on the spot or at the headquarters in the prescribed manner and after hearing the parties concerned or their authorised agent shall, pass such order as he deems fit and in the case if he finds the rejection of the leaves to be improper, he may-(i)If he considers the leaves in question still suitable for the manufacture of bidis, direct the Government or the authorised officer or agent, as the case may be, to purchase the same and also to pay to the person aggrieved such further compensation not exceeding twenty per centum of the price of leaves payable to him, as he may deem fit;(ii)If he considers that the leaves in question have since become unsuitable for manufacture of bidis, direct the Government or their authorised officer or agent, as the case may be, to pay to the person aggrieved an amount equal to the price of such leaves payable under Sub-section (1) and such further compensation not exceeding twenty per centum of such price as he may deem fit.(2-c) On receipt of a reference under Sub-section (2-a), the said officer shall hold an enquiry in the manner as aforesaid and if he is satisfied about correctness of the allegations made in the reference he may direct the Government or their authorised officer or agent as the case may be, to pay to the person making the reference so much of the price as has not been paid to him and such further compensation not exceeding twenty per centum of the amount so directed to be paid as he may deem fit.(3)Nothing in this section shall be construed so as to debar the appropriation of leaves offered for sale if Government or their authorised officer, or agent have reason to believe that the leaves appertain to forests or lands belonging to Government and paying only such collection charges, if any, as Government may from time to time determine :Provided that in case of any dispute the Divisional Forest Officer or such other officer who may be specifically empowered in this behalf as specified in Sub-section (2) shall hear and dispose of the same in the manner provided therein.
