Section 3 in The Orissa Forest Produce (Control of Trade) Rules, 1983
3. Appointment of Agent.
(1)To appoint agent or agents for any unit for all or any specified forest produce under Sub-section (1) of Section 4, the Government shall publish in the Official Gazette and in such other manner as it may think fit, a notice inviting application for such appointment, indicating the terms and conditions of the agency.(2)The application for agency shall be in Form "A" which may be obtained from the Divisional Forest Officer concerned or from any other Divisional Forest Officer on payment of two rupees for each form.(3)A non-refundable fee of ten rupees shall be paid for each application for agency. The amount shall be payable in the form of a receipted Treasury Challan showing deposit under the Head "882-Forest Remittance" or Bank Draft deposited or drawn, as the case may be, in favour of the Divisional Forest Officer in whose jurisdiction the unit is situated. A separate application with a separate fee shall be required for each unit of the 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 notice, published under Sub-rule (1).(ii)No person shall be allowed to apply on behalf of another person or a firm unless he encloses a copy with the 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 Grama Panchayat or Co-operative Society may submit the application enclosing a duly certified copy of the resolution passed in this respect :Provided that no such certified copy of any resolution shall be required in the case of the Orissa Tribal Development Co-operative Corporation, the Orissa Forest Corporation Ltd. or any other Government undertaking.(5)(i)Every application shall also be accompanied by a receipted Treasury Challan in support of cash deposit of five hundred rupees credited under the Head "882-Forest Remittance" in favour of the Divisional Forest Officer concerned as advance Security Deposit Challan for making such deposit may be obtained from any Divisional Forest Officer.(ii)In addition to the advance Security Deposit mentioned above, the applicant shall also furnish and enclose a certificate of personal solvency of the security bond or an independent surety holding such certificate to the extent of the amount specified in the notice under Sub-rule (1) :Provided that the Government may, by a general or special order, exempt a Grama Panchayat, a Co-operative Society, the Orissa State Tribal Development Co-operative Corporation, the Orissa Forest Corporation Ltd, or any other Government Undertaking from the provisions of this clause.(6)(i)In making selection of agents, preference shall be given to Grama Panchayats, Co-operative Societies, Orissa Tribal Development Cooperative Corporation and Government Undertakings.(ii)The Government may accept or reject any application without assigning any reason therefor. The advance Security Deposit shall be refunded to the applicants whose applications are rejected. The advance Security Deposit of the applicant appointed as an agent shall, subject to the provisions of Sub-rule (8), be adjusted against the Security Deposit required under Sub-rule (9).(7)Notwithstanding anything contained in these rules where the Government is of the opinion that it is expedient and necessary to do so it may, for reasons to be recorded in writing therefore, appoint a Cooperative Society, a Grama Panchayat, the Orissa State Tribal Development Co-operative Corporation, the Orissa Forest Corporation Ltd. or any other Government Undertaking as agent or agents for one or more unit of each specified forest produce, and in such case it shall not be necessary to invite applications under Sub-rule (1) of Rule 3.(8)(i)On appointment as an agent, the person or Grama Panchayat or Co-operative Society including the Orissa State Tribal Development Cooperative Corporation, the Orissa Forest Corporation Ltd or any other Government Undertaking so appointed shall execute an 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, the agent shall be liable to pay the loss, if any, incurred by the Government as a result of cancellation of the appointment. The loss will be a sum to be calculated as under-A = B x R, Where'A' is the lose to Government'B' is the difference of the quantity of the specified forest produce notified for the unit and the total quantity which is collected and delivered, and'R' is the 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.Explanation - 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 the quantity and all expenses per unit of quantity incurred by the Government till it is delivered to the purchaser.(ii)The loss as calculated in the manner provided under Clause (i) shall be recoverable from out of the advance Security Deposit and in case of deficit the balance would be recovered as an arrear of land revenue under the provisions of the Orissa Public Demands Recovery Act, 1962.(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, 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 conditions as if such amount is deposited by the agent himself.(ii)This Security Deposit shall be in shape of "Forest Deposit" in the name of the concerned Divisional Forest Officer either in cash of in the shape of Post Office Cash Certificates or National Savings Certificate duly pledged to the Divisional Forest Officer concerned.(iii)The Security Deposit shall either wholly or in part, as the case may be, adjusted by the Divisional Forest Officer towards the recovery, if any, of the penalty for short collection of specified forest produce, compensation, damages, loss and any other dues which may be recoverable under the provisions 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 of 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 fifteen days from the date of the Divisional Forest Officer's notice to that effect, be recoverable as a Public Demand under the provisions of the Orissa Public Demands Recovery Act, 1962.(v)The Security Deposit or the balance, as the case may be, shall be refunded to the agent or 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 :Provided that no such certificate shall be necessary in case of the Orissa Tribal Development Co-operative Corporation, Orissa Forest Corporation Ltd. or any other Government Undertaking.(10)(i)Unless otherwise directed by the Divisional Forest Officer the agent shall purchase the specified forest produce from persons mentioned in Sub-clause (i) of Clause (d) of Section 2 and collect specified forest produce from Government land at the depot of deports opened by him 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 materials 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 works as are necessary and associated with the trade of specified forest produce within the unit in accordance with a instructions issued to him on the subject.(11)The agent shall be responsible for safe custody and storage or purchased and collected specified forest produce and shall take all precautions necessary to prevent any deterioration of quality till the time, the entire stock in his custody is delivered to an Officer or a person as may be directed and the manner prescribed in the agreement. The agent shall be responsible for any shortage in quantity or deterioration of quality during his custody and loss suffered by the Government on this account and assessed by it shall be made good by the agent.(12)The agent shall purchase specified forest produce from the growers of forest produce other than the Government against cash payment at the rates notified by the Government for such purchase and shall pay to the persons who have collected the specified forest produce from the Government forests and lands in cash immediately on receipt of the forest produce, as collection charges at rates determined by the 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 directed by the Divisional Forest Officer.(14)Nothing in the foregoing rule shall be construed to confer on the agent an exclusive right to purchase or collect specified forest produce in the unit for which he is appointed as agent and in case of negligence of the agent in purchase or collection of specified forest produce or breach of condition of the agency agreement, the State Government, without taking recourse to cancellation of the agreement, shall have the right to purchase and collect specified forest produce in the unit by themselves or by an officer authorised by them in writing in that behalf and the agent shall have no right to question the action of the State Government. But the agents' liability in the matter of quantity to be collected shall be reduced proportionately to the extent of collection made by Government or the officer authorised by them.(15)The agent shall not appoint any person whose engagement is objected to by the Divisional Forest Officer and for this purpose, agent shall furnish immediately, on appointment, a list of his employees to the Divisional Forest Officer.(16)The agent shall provide an identity card or other device approved by the Divisional Forest Officer, to all persons employed by him whereby they may be readily identified.
