BIHAR KENDU LEAVES (CONTROL OF TRADE) ACT, 1973
(1) This Act may be called Bihar Kendu Leaves (Control of Trade) Act, 1973.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force in such areas and on such date or dates as the State Government may, by notification in the Official Gazette appoint.
In this Act, unless there is anything repugnant in the subject or context-
(a) "Agent" means an agent appointed under Section 4;
(b) "Grower" means a grower who holds lands on which kendu plants grow or who is in possession of such lands under a lease or otherwise, and includes the State Government; . .
(c) "Committee" means an Advisory Committee constituted under subsection (1) of Section 6;
(d) "Kendu Leaves" means leaves of the plant known as "kendu".
(e) "Manufacturer of bidi" means any person who manufactures by himself or through any other person or agency but does not include a person who purchases kendu leaves in retail for making bidis for his own domestic use:
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The State Government may, by notification in the Official Gazette, declare any area to be a specified area for the purposes of the Act and divide every such specified area into such number of units as it may deem fit.
(1) The State Government may for the purpose of purchase and sale of kendu leaves in its behalf, appoint agents, in respect of different units and any such agent may be appointed in respect of more than one unit but not more than three units.
(2) The terms, conditions and the procedure for appointment of agents shall be such as may be prescribed.
(1) On the declaration of a specified area under Section 3, no person other than-
(a) the State Government,
(b) an Officer of State Government authorised in writing in that behalf, or
(c) an agent in respect of the unit in which the kendu leaves have grown, shall purchase kendu leaves from the grower in that area or transport the same.
Explanation 1.- Purchase of kendu leaves from the State Government or its authorised officer or agent shall not be deemed to be a purchase in contravention of the provisions of this Act.
Explanation II.- A person holding no interest in the land who has acquired the right to collect kendu leaves grown on such land shall be deemed to have purchased such leaves in contraventi
(1) The State Government may by a notification in the Official Gazette, for each year commencing on the 1st July and ending on the 30th June next following constitute an Advisory Committee (hereinafter referred to as Committee) for any of the Divisions of Bhagalpur, 1[South Chotanagpur North Chotanagpur], Patna and Tirhut to advise the State Government in fixing the price at which kendu leaves may be purchased from a grower by the State Government or its authorised officer or agent which shall consist of not more than nine members and shall submit its report to the State Government within such time as may be specified therein.
1. Subs. by Act 19 of 1974.
(2) One of the members of the Committee shall be from amongst the traders of kendu leaves, three from amongst the growers other than the State Government out of which two shall be from
(1) The State Government shall, after considering the report of the Committee constituted under Section 6, fix the price at which kendu leaves shall be purchased by it or by any of its authorised officer or agent during the year for which the Committee is constituted under sub-section (1) of Section 6 and shall publish the same in the Official Gazettee and in such other manner as may be prescribed not later than the thirty first day of December, and the price so fixed shall not be altered during the year to which they relate:
Provided that if the Committee fails to submit its report within the time specified under sub-section (1) of Section 6 or within such further time, not exceeding fifteen days, as the State Government may allow the State Government may proceed to fix the price without the report of the Committee.
(2) Different price
There shall be set up in each unit such number of depots and at such places as the Forest Officer in charge of the Division may, taking into consideration the convenience of the growers, direct and a price list of kendu leaves fixed by the State Government under Section 7 and the hours of business shall be prominently displayed on the notice board kept for the purpose at every such depot.
(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 th
(1) Every grower other than the State Government who intends to harvest kendu leaves grown on his land by himself or through any other person or agency shall get himself registered within such period and in such manner as may be prescribed and shall be liable to maintain accounts and submit returns in such form and manner as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), the State Government may by notification in the Official Gazette, exempt from registration such growers as are not likely to grow kendu leaves during the year exceeding such quantity as may be fixed by the State Government from time to time.
(1) Every manufacturer of Bidis within the State shall get himself registered within such period on payment of such fee and in such manner as may be prescribed.
(2) Every manufacturer of Bidis within the State registered under sub-section (1) shall furnish a declaration in such form, by such date and in such manner as may be prescribed.
Kendu leaves purchased by the State Government or by its authorised officer or agent, under this Act, shall be sold or otherwise disposed of in such manner as the State Government may direct.
The State Government may by notification in the Official Gazette, delegate any of its powers or function under this Act to any officer not below the rank of an Assistant Conservator of Forests who shall exercise or perform the same, subject to such conditions and restrictions, if any, as the State Government may specify in the notification.
(1) Any Police Officer not below the rank of an Assistant Sub-Inspector or any Forest Officer or any other person authorised by the State Government may with a view to securing compliance of the provisions of this Act or the rules made thereunder or satisfying himself that the said provisions have been complied with-
(i) stop and search any person, boat, vehicle or receptacles used or intended to be used for transport of kendu leaves;
(ii) enter and search any place and survey, demarcate and make a map of any land;
(iii) seize kendu leaves in respect of which he suspects that any provision of this Act or the rules made thereunder had been, is being or is about to be contravened along with the receptacle containing such leaves, the vehicles or boats used in carrying such leaves;
(1) A Forest Officer not below the rank of a Ranger or such other officer as may be authorised by the State Government in this behalf hold an enquiry into offences relating to any contravention of any provision of this Act and in the course of such enquiry receive and record evidence.
(2) Any evidence recorded under sub-section (1) shall be admissible in any subsequent trial before a Magistrate:
Provided that such evidence has been recorded in the presence of the accused person
(1) Any person who contravenes any of the provisions of this Act, shall be punishable with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both.
(2) The whole of kendu leaves in respect of which such contravention has been made or such part thereof as the court may deem fit or the sale-proceed thereof, as the case may be, shall be forfeited to the State Government:
Provided that if the court is of the opinion that it is not necessary to direct forfeiture in respect of the whole, or part of the kendu leaves or the sale-proceeds thereof, as the case may be, it may, for reasons to be recorded in writing direct the same to be made over to the person whom the court deems to be entitled to the same.
(1) The State Government may, by notification in the Official Gazette, empower a Forest Officer not below the rank of a Deputy Conservator of Forests: '
(a) to accept from any person against whom a reasonable suspicion exist that he has contravened any provision of this Act or the rules made thereunder, a sum of money by way of compensation, for the offence which such person is suspected to have committed; and
(b) when any property has been seized and is liable to forfeiture, to release the same on payment of the value thereof as estimated by such officer.
(2) On payment of such sum of money or such values, or both, as the case may be, to such officer, the property if any, seized shall be released, and no further proceedings shall be taken against such person or property.
No court shall take cognizance of any offence punishable under this Act except on a complaint in writing of the facts constituting such offence made by any Forest Officer not below the rank of a Divisional Forest Officer or by any other officer authorised by the State Government in this behalf.
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be so done in pursuance of this Act or the rules made thereunder.
(1) The State Government may subject to the conditions of previous publication make rule consistent with the provisions of this Act to carry all or any purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely-
(a) procedure to be followed in making appointments of agents;
(b) publication of the price lists to be paid to puckers;
(c) the manner of holding enquiries under this Act;
(d) the authority by whom, the manner in which and the conditions subject to which permits may be issued;
(e) the manner of registration under Section 10;
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Nothing contained in the Indian Forest Act, 1927 (No. 16 of 1927) shall apply to kendu leaves in respect of matters for which provisions are contained in this Act
If any difficulty arises in giving effect to the provisions of this Act the State Government may by order, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.
(1) The Bihar Kendu Leaves (Control of Trade) Second Ordinance, 1973(Bihar Ordinance no. 119 of 1973) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred by the Act or under this Act as if this Act were in force on the day on which such thing or action was done or taken.
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