A Regulation to make provision for regulating in the public interest, the trade of certain minor forest produced by creation of a State monopoly in such trade in the Scheduled Areas of the State of Andhra Pradesh. In exercise of the powers conferred by sub-paragraph (2) of paragraph 5 of the Fifth Schedule to the Constitution of India, the Governor of Andhra Pradesh, with the assent of the President, hereby makes the following Regulation in the Thirtieth Year of the Republic of India, namely:

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Reg.1 Short title, extent, commencement and application

Short title, extent, commencement and application :- (1) This Regulation may be called the Andhra Pradesh Scheduled Areas Minor Forest Produce (Regulation of Trade) Regulation, 1979.

(2) It extends to the whole of the Scheduled Areas of the State of the Andhra Pradesh.

(3) It shall come into force in such Scheduled Area and on such date as the Government may, by notification, specify and they may specify different dates for different Scheduled Areas.

(4) It shall apply in respect of such minor forest produce as may be notified by the Government, from time to time.

Reg.2 Definitions

Definitions :- In this Regulation, unless the context otherwise requires,

(a) "Agent" means the agent appointed under Section 3;

(b) "Corporation" means the Girijan co-operative Corporation Limited, Visakhapatnam;

(c) "Government" means the State Government;

(d) "Grower" means

(i) in respect of any minor forest produce grown in any land constituted as reserved forest or in any forest or waste land declared as protected forest under the Andhra Pradesh Forest Act, 1967, the Government; and

(ii) in respect of any minor forest produce grown in any other l

Reg.3 Appointment of Corporation as Agent

Appointment of Corporation as Agent :- (1) The Government may, for the purposes of purchase of and trade in, any minor forest produce on their behalf, appoint the Corporation as an agent for any Scheduled Area.

(2) The terms and conditions of appoint and the manner of the purchase of, and trade in, any minor forest produce by the corporation and the price at which such minor forest produce shall be purchased by the Corporation from growers shall be such as may be prescribed.

Reg.4 Restriction on purchase or transport of minor forest produce

Restriction on purchase or transport of minor forest produce :- (1) Upon the issue of a notification under sub-section (3) of Section 1 in respect of any Scheduled Area, no person other than the Corporation shall sell or purchase or cure or otherwise process or collect or store or transport any minor forest produce to which this regulation applies.

Explanation :- Any sale to, or purchase from, the Corporation of a minor forest produce shall not be deemed to be a sale or purchase in contravention of the provisions of this section.

(2) Any person desiring to sell any minor forest produce may sell the produce to the Corporation in such form and in such manner as may be prescribed.

Opening of purchase centres and publication of price list at depots etc. :- (1) There shall be set up by the Corporation such number of purchase centres and at such places, as it may, taking into consideration the convenience of the growers of the respective minor forest produce, deem fit. A price list of such produce and the hours of business shall be prominently displayed on a notice board kept for the purpose of every such purchase centre.

(2) The Corporation shall be bound to purchase the minor forest produce offered for sale at the purchase centre during the hours of business in the raw form from all the growers at the price fixed:

Provided that it shall be open to the Corporation to refuse to p

Reg.6 Act 4 of 1971 not to apply to the Scheduled Areas

Act 4 of 1971 not to apply to the Scheduled Areas :- Nothing in the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971, shall apply to minor forest produce in the Scheduled Areas in respect of which the provisions of this Regulation apply.

Reg.7 Establishment of check post or barrier and search and seizure, etc.

Establishment of check post or barrier and search and seizure, etc. :- (1) The Corporation may, with a view to secure compliance with the provisions of this Regulation, direct the setting up of check posts or erection of barriers or both wherever deemed necessary.

(2) Any officer authorised by the Corporation in this behalf may, with a view to securing compliance with the provisions of this Regulation, or the rules made thereunder or to satisfying himself that the said provisions have been complied with :

(i) stop and search any person, boat, vehicle or receptacle used or intended to be used for the transport of a minor forest produce;

(ii) enter and search any

Reg.8 Penalty

Penalty :- (1) If any person contravenes any of the provisions of this Regulation or the rules made thereunder:

(a) he shall be punished with imprisonment which may extend to one year or with fine which may extend to two thousand rupees, or with both;

(b) the minor forest produce in respect of which such contravention has been made or such part thereof as the court may deem fit, and any boat, vehicle other than a cart drawn by animals, vessel or other conveyance or any other articles used in committing such offence, shall be liable to confiscation:

Provided that if the court is of the opinion that it is not necessary to direct confiscation in respect of the whol

Reg.9 Savings in respect of acts done in good faith

Savings in respect of acts done in good faith :- (1) 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 Regulation or the rules made thereunder.

(2) No suit or other legal proceedings shall lie against the Corporation for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of the provisions of this Regulation or by anything which is in good faith done or intended to be so done in pursuance of this Regulation or the rules made thereunder.

Reg.10 Regulation to override other laws, etc.

Regulation to override other laws, etc. :- The provisions of this Regulation shall have effect notwithstanding anything inconsistent therewith in any other law, custom, usage or agreement for the time being in force or any judgment, decree or order of a Court, Tribunal or other authority.

Reg.11 Power to make rules

Power to make rules :- The Government may, by notification, make rules to carry out all or any of the purposes of this Regulation.

Reg.12 Power to remove difficulties

Power to remove difficulties :- If any difficulty arises in giving effect to the provisions of this Regulation, the Government may, by notification, make such provisions not inconsistent with the provisions of this Regulation as appear to them to be necessary or expedient for the removal of the difficulty:

Provided that no such notification shall be made after the expiration of two years from the commencement of this Regulation.