Section 5 in The U.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972
5. Restrictions on sale, purchase and transport of tendu leaves.
- [(1)] [Section 5 shall be re-numbered as sub-section (1) by U.P. Act 6 of 1973, Section 4.] On and after the appointed day-(a)no person shall sell tendu leaves to any person other than the State Government or an officer of the State Government authorised by it in that behalf or an agent in respect of the unit in which the leaves have grown;(b)no person other than such Government, officer or agent shall purchase tendu leaves from any person other than such Government officer or agent, or collect tendu leaves grown on any land of which he is not owner or tenure-holder;(c)no person other than such Government, officer or agent shall transport tendu leaves except in the following cases namely :(i)where he being a grower of tendu leaves transports them from any place within the unit wherein such leaves have grown to any other place in that unit; or(ii)where he transports them on behalf of such Government officer or agent; or(iii)where he has purchased the leaves from such Government officer or agent either for the manufacture of bidis within Uttar Pradesh or for sale of the leaves outside Uttar Pradesh, and he transports them outside the unit in accordance with the terms and conditions of a permit issued in that behalf by such authority and in such manner as may be prescribed.(2)[ Notwithstanding anything contained in sub-section (1) the State Government or an officer of the State Government authorised by it in that behalf may on such terms and conditions and in such manner as may be prescribed,-(a)permit any person who had purchased tendu leaves in the year 1971 or earlier,-(i)to sell such leaves to any person other than the State Government or an officer or agent referred to in clause (a) of sub-section (1), and permit any person other than such Government, officer or agent to purchase the said leaves; or(ii)to transport such leaves to any place within Uttar Pradesh or to export them outside Uttar Pradesh; or(b)permit any person referred to in sub-clause (iii) of clause (c) of subsection (1) to sell within Uttar Pradesh any tendu leaves which he has been unable to utilise in the manufacture of bidis within Uttar Pradesh or, as the case may be, to export outside Uttar Pradesh; or(c)permit any person, who has purchased any tendu leaves outside Uttar Pradesh to bring them inside the State either for manufacture of bidis within the State or for transporting them elsewhere outside Uttar Pradesh; or(d)permit any person, who has purchased any tendu leaves within Uttar Pradesh outside any area to which this Act applies to transport them to any area to which this Act applies for the manufacture of bidis.](3)[ A person to whom a permit referred to in clause (b) or clause (c) of clause (d) of sub-section (2) is granted shall be liable to pay, in the manner prescribed, a tax at the rate of three rupees per standard bag of tendu leaves.] [Substituted by U.P. Act 5 of 1980, Section 2 (w.e.f. 28th September, 1979).]
