104A. [ Restrictions on trade and transport of blackwood or Bite trees and timber thereof. [Section 104A and 104B inserted by Act 23 of 1974 w.e.f. 16.9.1974.]
(1)No person other than,-(a)the State Government; or(b)the officers of the State Government not below the rank of a [Deputy Conservator of Forest], authorised in writing in this behalf,shall purchase or transport any blackwood or bite tree (Dalbergia Latifolia) or timber thereof:Provided that the purchase of any such tree or timber from the State Government or the aforesaid officers shall not be deemed to be a purchase in contravention of the provisions of this sub-section:Provided further that the State Government may by order exempt any such tree or timber below such measurements as may be specified by it from time to time from the provisions of sub-section (1).(2)No person shall sell or otherwise dispose of any such tree or timber to any person other than the State Government or the aforesaid officers.(3)Notwithstanding anything contained in sub-section (1) any such tree or timber purchased from the State Government or the aforesaid officers by any person for bona fide personal use may be transported by such person in accordance with the terms and conditions of a permit issued by such authority and in such manner as may be prescribed.(4)The price of any such tree or timber shall be such as the State Government may by order specify from time to time, having regard to,-(a)prevalent market price;(b)quality of the timber in the locality;(c)transport facilities available in the locality;(d)the cost of transport;(e)general level of wages for labour prevalent in the locality; and(f)such other matters as may be prescribed.(5)The State Government or the aforesaid officers may establish such number of depots as may be necessary where any such tree or timber may be sold to the State Government or the aforesaid officers.(6)The State Government or the aforesaid officers subject to the general supervision and control of the State Government shall be bound to purchase at the price fixed under sub-section (4) any such tree or timber offered for sale during the hours of business.(7)Any tree or timber purchased under sub-section (1) shall be sold or otherwise disposed of in such manner as the State Government may from time to time direct.(8)Any person contravening the provisions of this section or any rule made thereunder shall, on conviction, be punishable with imprisonment for a term which may extend to[five years] [ Substituted by Act 1 of 1981 w.e.f. 23.2.1981.]s and with fine which may extend to [ten thousand rupees.] [Substituted by Act 1 of 1981 w.e.f. 23.2.1981.]
