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State of Bihar - Section

Section 9 in The Bihar Kendu Leaves (Control of Trade) Act, 1973

9. State Government or agent to purchase kendu leaves.

(1)The State Government or its authorised officer or agent shall purchase kendu leaves offered for sale and delivered at the depot during the business hours at the rates fixed under Section 7:Provided that it shall be open to the State Government or its authorised officer or agent, for reasons to be communicated in writing to refuse to purchase or accept delivery of any kendu leaves which, in their opinion, are not fit for the purpose of manufacture of Bidis.
(2)Any person aggrieved by the refusal to purchase or accept delivery of his kendu leaves by an authorised officer or agent under proviso to sub-section (1) may, within fifteen days from the date of such refusal, complain in writing to the Divisional Forest Officer, or any other officer empowered by the State Government in this behalf having jurisdiction over the unit in which the kendu leaves have grown.
(3)On receipt of a complaint under sub-section (2) the Divisional Forest Officer or any other officer empowered shall hold an enquiry and after hearing the parties concerned or their authorised agent, pass such orders as he may deem fit and in case he holds the refusal to purchase or accept delivery of kendu leaves to be improper he may -
(a)if he considers the kendu leaves in question still suitable for the manufacture of Bidis, direct the authorised officer or agent, as the case may be, to purchase or accept delivery of the same and may also award to the person aggrieved such further compensation not exceeding twenty percent of the price of the leaves payable to him as he may deem fit;
(b)if he considers that the leaves in question have since become unsuitable for manufacture of Bidis, direct the payment to the person aggrieved of any amount not less than the price of such leaves payable to him under sub-section (1) and such further compensation not exceeding twenty percent of such prices as he may deem fit by way of damages for the loss suffered by such person.
(4)Nothing in this section shall be construed so as to debar the appropriation of kendu leaves offered for sale, if the State Government or its authorised officer or agent has reason to believe that the leaves appertain to forest or lands belonging to the State Government, paying only such collection charges, if any, as the State Government may from time to time determine:Provided that in case of any dispute in this behalf, the Divisional Forest Officer or such other officer empowered under sub-section (2), shall hear and dispose of the same in the manner provided therein.