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State of Madhya Pradesh - Section

Section 9 in The M.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964

9. State Government or agent to purchase tendu leaves.

(1)The State Government or their authorised officer or agent shall be bound to purchase at the price fixed under Section 7, tendu leaves offered for sale at the depot during the hours of business :Provided that it shall be open to the State Government or the authorised officer or the agent to refuse to purchase any leaves which in their opinion are not fit for the purpose of manufacture of bidis.
(2)Any person aggrieved by rejection of his leaves by an authorised officer or agent under proviso to sub-section (1), may, within fifteen days therefrom, refer the matter to the Divisional Forest Officer, or such other officer who may be empowered by the State Government in this behalf, having jurisdiction over the unit in which the leaves have grown.
(3)On receipt of a complaint under sub-section (2), 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 orders as may deem fit and in case he finds the rejection of the leaves to be improper, he may,-
(a)if he considers the leaves in question still suitable for the manufacture of bidis, direct the authorised officer or agent, as the cae may be, to purchase the same and may also award to the person aggrieved, such further compensation not exceeding twenty per centum 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 manufacturing 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 per centum of such price as he may deem fit by way of damages for loss suffered by such person.
(4)Nothing in this section shall be construed so as to debar the appropriation of leaves offered for sale if the State Government or their authorised officer or the agent has reason to believe that the leaves appertain to forests or lands belonging to the State Government and paying only such collection charges, if any, as the State 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.