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State of Maharashtra - Section

Section 4 in The Maharashtra Supply of Forest Produce by Government (Revision of Agreements) Rules, 1983

4. Determination of market value under section 4.

- The market value of the 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 the Forest Development Corporation within the State during a period of twelve months preceding six months prior to the date of commencement of the supply year :Provided that, where no such sale was held in the State of Maharashtra during the said period of twelve months, or the number, nature 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 period of six months prior to the date of commencement of the supply year :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 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 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 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 the market value.
(2)Where no sale of a forest-produce has taken place within the State, during the period referred to in clause (a) of sub-rule (1), the market value of the forest-produce shall be determined by the State Government, taking into consideration the open and negotiated sales transactions of such forest-produce effected in one or more of the States adjoining the State of Maharashtra but keeping in view, as for as possible, the factors mentioned in sub-rule (1).Explanation. - For the purposes of this rule "open sales" shall include rules 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.