Section 3 in The M.P. Van Upaj other than Timber (Vyapar Viniyaman) Niyam, 1969
3. Appointment of Agents.
(1)To appoint Agent or agents for the unit or units for all or any specified forest produce under sub-section (1) of Section 4, the State Government shall publish in the "Madhya Pradesh Rajpatra" and in such other manner as it may think fit, a notice inviting applications for such appointment giving terms and conditions of agency.(2)The application for agency shall be in Form A which may be had from the office of the Divisional Forest Officer concerned or from any other Divisional Forest Officer on payment of rupee one for each form.(3)An unrefundable fee or rupees ten shall be paid for each application for agency. The amount shall be payable to the account of the division in which the unit is situated in accordance with the rules prescribed for acceptance of money by the Forest Department. A separate application shall be required for each unit of a specified forest produce.(4)(i)The application for agency, complete in all respects including the prescribed application fee shall be submitted to such authority, by such date and in such manner as may be specified in the aforesaid notice.(ii)No person shall be allowed to apply on behalf of another person or a firm unless he encloses a copy, with application and produces the original before the Divisional Forest Officer, of the power of attorney executed by such person or firm empowering him to act on his or their behalf or the certificate of registration of the firm of which he claims to be a partner.(iii)A Gram Panchayat or a Co-operative Society may submit the application enclosing a duly certified copy of the resolution passed in this respect:Provided that such certified copy of the resolution shall not be required in case of Madhya Pradesh State Tribal Co-operative Development Corporation.(5)(i)Every such application shall be accompanied by a Treasury Challan showing a cash deposit of rupees five hundred under the head "Revenue Deposit" in the name of the Divisional Forest Officer concerned as advance Security Deposit. Challan for making revenue deposit may be obtained from any of the Divisional Forest Officers.(ii)In addition to the advance security deposit mentioned above the applicant shall furnish and enclose a certificate of personal solvency or the security bond of an independent surety holding such certificate to the extent of the amount specified in the aforesaid notice issued under sub-rule (1) ;Provided that the State Government may exempt a Gram Panchayat or a Co-operative Society or the Madhya Pradesh State Tribal Co-operative Development Corporation from the provisions of this clause.(iii)The applicant shall not withdraw the application until orders of the competent authority accepting or rejecting the application are passed or another person, Gram Panchayat or Co-operative Society or the Madhya Pradesh State Tribal Co-operative Development Corporation is appointed an Agent for that unit. Breach of this provision will entail forfeiture of the advance security deposit prescribed under clause (i).(6)The State Government may accept or reject any application without assigning any reason therefor. The advance security deposit shall he refunded to the applicants whose applications are rejected. The advance security deposit of the applicant appointed as an agent shall, subject to the provisions under sub-rule (8) be adjusted against the security deposit required under sub-rule (9).(7)Notwithstanding anything contained in these rules, State Government, where it is of opinion that it is expedient and necessary to do so may, for reasons to be recorded in writing therefor, appoint, any person, Co-operative Society, Gram Panchayat or the Madhya Pradesh State Tribal Co-operative Development Corporation Agent or agents for one or more units of each specified forest produce.(8)(i)On appointment as an agent, the person or Cram Panchayat, or Co-operative Society including Madhya Pradesh State Tribal Co-operative Development Corporation, §o appointed shall executive a agreement in Form B within fifteen days of the issue of the order of appointment, failing which the appointment shall be liable to be cancelled and on such cancellation,-(a)the advance security deposit shall be forfeited; and(b)the agent shall be liable to pay the loss, if any, incurred by the State Government as a result of cancellation of the appointment. The loss will be a sum to be calculated as under:-(A)Loss to Government.(B)The difference of the quantity of the specified forest produce notified for the unit and the total quantity which is collected and delivered.(R)Rate per unit of quantity at which Government sells specified forest produce minus all expenses per unit of quantity incurred by the Government till delivery of the specified forest produce to the purchaser.A - B x R i.e. the loss will be equal to an amount which results by the multiplication of the quantity which is collected and delivered short of the quantity notified for the unit and a figure which is the difference between the rate of sale per unit of quantity and all expenses per unit of quantity incurred by the Government till it is delivered to the purchaser.(C)The aforesaid loss shall be recoverable as arrears of land revenue.(9)(i)The agent so appointed for a particular unit shall, before signing the agreement, deposit, as security for the proper execution and performance of the agency in accordance with the terms and conditions of the agreement and the provisions of the Act and these rules, a minimum sum to be specified in the agency notice. In the event of the agent being not able to deposit the aforesaid amount of security, any other person may be allowed to deposit the said amount on his behalf, subject however, to the condition that the amount so deposited as security by him shall, for the purposes of these rules and the agreement, be subject to the same terms and condition as if such amount is deposited by the agent himself.(ii)This security deposit will be in the shape of revenue deposit in the name of Divisional Forest Officer concerned either in cash or in the form of promissory notes which shall for the purposes be valued at 5 per cent below the market value or Guarantee of Scheduled Banks offered in terms of Finance Department, Government of Madhya Pradesh Memo No. 2171-545-IV-R-V, dated the 6th September, 1962, or Post Office Cash Certificate, National Saving Certificate, 10-year Treasury Saving Deposit Certificate, 12-year National Defence Certificate at surrender value, transferred to the Divisional Forest Officer concerned with Head Post Master's sanction.(iii)The security deposit shall either wholly or in part, as the case may he, adjusted by the Divisional Forest Officer towards the recovery, if any of the penalty for short collection of specified forest produce, compensation damages and any other dues which may recoverable under the provision of the agreement, these rules and the Act, and if ordered by the Divisional Forest Officer in writing, all such deductions shall have to be made good by the agent by deposit of an equivalent amount within fifteen days of the receipt of the notice to that effect.(iv)If the dues to be recovered exceed the amount of the security deposit the amount in excess shall, unless made good within 15 days from the date of the Divisional Forest Officer's notice to that effect, be recoverable as arrears of land revenue.(v)The security deposit of the balance, as the case may be, shall be refunded to the agent or the person depositing it on behalf of the agent when the Divisional Forest Officer is satisfied that all the obligations and formalities on the part of the agent under the terms of the agreement and the provisions of these rules and the Act have been duly complied with and that no amount is due against him.(vi)In addition to the security deposit mentioned above, the agent shall furnish a certificate of personal solvency or the security bond of an independent surety holding such certificate to the extent as is specified in the agency notice.(10)(i)Unless otherwise directed by the Divisional Forest Officer, the agent shall purchase the specified forest produce from persons mentioned in items (b) and (c) of sub-clause (ii) of clause (I) of Section 2 and collect specified forest produce from Government land at the deposit or depots opened by him it or ordered to be opened by the Divisional Forest Officer, in accordance with the provisions of the Act, the agreement and these rules. The Divisional Forest Officer may, from time to time, give him appropriate directions in this behalf, not inconsistent with the provisions of the Act, the rules and the agreement.(ii)The agent shall purchase and collect only such quality of specified forest produce as is fit for the purpose of consumption or use as raw material for manufacture or for trade and is described in agency notice. In addition to the above work, the agent if so required shall carry out such other words as are necessary and associated with the trade or specified forest produce within the unit in accordance with the instructions issued to him on the subject.(11)The agent shall be responsible for safe custody and storage of purchased and collected specified forest produce and shall take all precautions necessary to prevent any deterioration of quantity till the time whole stock in his custody is delivered to an officer or a person as may be directed and in the manner prescribed in the agreement. The agent shall be personally responsible for any shortage in quantity or deterioration or quality during his custody and any losses suffered by State Government on this account and assessed by it shall be made good by the agent.(12)The agent shall purchase specified forest produce from growers of forest produce other than the State Government against cash payment at the rates notified by State Government for such purchase, and shall pay to the mazdoors who have collected the specified forest produce from the Government forests and lands, in cash or kind through barter as may be desired by the mazdoors, immediately on receipt of the forest produce, as collection charges at rates determined by the State Government from time to time.(13)The agent shall maintain such account and submit such periodical returns to the Divisional Forest Officer or to any other officer authorised by the Divisional Forest Officer, as may be prescribed by the Divisional Forest Officer.(14)Nothing in the foregoing provisions shall be construed to confer on the agent an exclusive right to purchase and collect specified forest produce in the unit for which he is appointed an agent and the State Government shall have the right to purchase and collect specified forest produce in the unit by itself or by an officer authorised by it in writing in that behalf and to that extent liability of the agent shall be reduced.(15)The agent shall furnish a list of persons employed by him within the unit. immediately as and when employment is made and all such persons as are objected to by the Divisional Forest Officer shall be forthwith removed from employment by the agent.(16)The agent shall provide an identity card or other device approved by the Divisional Forest Officer, to all Mazdoors and persons employed by him whereby they may be readily identified.
