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State of Maharashtra - Section

Section 9 in Maharashtra Forest Produce (Regulation of Trade) Act, 1969

9. State Government or agent to purchase [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce.

(1)The State Government or its authorised officer or agent shall be bound to purchase at the price fixed under section 7 [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce 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 [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce which in their opinion is not fit for the purpose of manufacture of finished goods using such produce, or for any other commercial purpose.
(2)Any person aggrieved by the refusal to purchase [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce by an authorised officer or agent under the proviso to sub-section (1), 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 V] forest produce has 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 he may deem fit; and in case he finds the refusal to purchase the [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce to be improper, he may,
(a)if he considers the [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce in question still suitable for the manufacture of finished goods, or for any other commercial purpose direct the authorised officer or agent, as the case 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 [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce payable to him, as he may deem fit;
(b)if he considers that the [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce in question has since become unsuitable for manufacture of finished goods or for any other commercial purpose- direct the payment to the person aggrieved of any amount not less than the produce, of such [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce 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 the loss suffered by such person.
(4)Nothing in this section shall be construed as to debar the appropriation of any [*] [The word minor was deleted by Maharashtra 45 of 1997, section 11.] forest produce offered for sale, if the State Government or its authorised officer or the agent has reason to believe that such produce appertains to forest 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 the 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.
(5)Any person aggrieved by the decision of any officer referred to in proviso sub¬section (4) may, within a period of thirty days from the date of receipt of such decision prefer an appeal to the State Government; and the decision of the State Government of such appeal shall be final.