S.1 Short title, extent and commencement

       (1) This Act may be called the Madhya Pradesh Van Upaj (Yyapar Viniyaman) Adhiniyam, 1969.
       (2) It extends to the whole of Madhya Pradesh.
       (3) It shall come into force,—
       (i) at once in such areas and in respect of such forest produce as have been specified by notification issued under sub-section (3) of Section 1 of the Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhyadesh, 1969 (9 of 1969), repealed under Section 23; and
       (ii) in such other area or areas and in relation to such other forest produce and on such date or dates as the State Government may, by notification, specify in this behalf.

S.2 Definitions

       In this Act, unless the context otherwise requires,—
       (a) “agent” means an agent appointed under Section 4;
       (b) “Code” means the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959);
       (c) 1[xxx]
       (d) “forest produce” means 2[3[Kastha] of any of the species specified in clause (o)], 4[Bamboos of all species], Khair Catechu (Katha), Catechin (Cutch), Kulu gum, Dhawara gum, Khair gum, Babool gum, Sal resin, Salai resin (Cheed gum), Rosha grass, Rosha grass oil, Lac in all forms, Shellac, Mahua flowers, Tori or Gulli (Mahua seeds), Chironji Guthli, Chironji, 5[sal seeds], Harra and Kacharia, Mahul leaves and Mahul bark and phool-bahari grass or phool bahari;
       (e) “Government lessee” means a person holding land fro

Legal Commentary on Madhya Pradesh Van Upaaj (Vyapar Viniyaman) Adhiniyam, 1969 - Section 2

Introduction

Section 2 of the Madhya Pradesh Van Upaaj (Vyapar Viniyaman) Adhiniyam, 1969, serves as the definition clause that lays down the key terms used throughout the Act. It provides the foundational understanding necessary for interpreting the provisions related to forest produce regulation and the creation of a state monopoly over certain forest resources.

What does Section 2 Say

Section 2 defines essential terms such as "forest produce," "minor forest produce," "sale," "purchase," and other relevant concepts. It clarifies the scope of the Act by specifying what constitutes forest produce and the manner in which trade and regulation are to be understood under the law.

Essential Ingredients

• Definition of "Forest Produce": Section 2(d) specifies what items are considered forest produce, including minor forest produce like Sal seed.
• Scope of Application: The section delineates the geographical and subject matter scope of the Act, extending to the entire Madhya Pradesh.
• Legal Terminology: It establishes the meanings of terms like "sale," "purchase," "dealer," and "license," which are crucial for enforcement and compliance.

Scope of Section

• The section applies to all forest produce within Madhya Pradesh, including minor forest produce such as Sal seed.
• It sets the framework for the State's monopoly over the trade of specified forest produce.
• The definitions influence the interpretation of subsequent provisions related to licensing, registration, and regulation of trade.

Punishment for Section

Section 2 itself primarily provides definitions and does not prescribe punishments. Punishments are detailed in other sections of the Act, such as penalties for unauthorized trade or violation of licensing provisions.

Legal Comments

• "Definition of Forest Produce" - Section 2(d) broadly includes minor forest produce like Sal seed, establishing the scope of regulated items - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "State Monopoly" - The Act creates a monopoly for the State over the collection and trade of forest produce, as clarified through definitions and subsequent provisions - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Scope of Application" - The Act extends to the entire Madhya Pradesh, covering all forest produce within the state’s jurisdiction - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Registration and Licensing" - The definitions underpin the requirements for registration under Section 11 and licensing under Section 13 for traders and retailers - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Minor Forest Produce" - Sal seed is classified as a minor forest produce, which is significant for policy and regulation purposes - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Legal Interpretation" - The precise definitions in Section 2 are crucial for interpreting violations and enforcement actions under the Act - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Scope of Trade Regulation" - The definitions facilitate the regulation of trade, purchase, and sale, ensuring control over forest produce movement - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Policy Implications" - The Act’s definitions support policies aimed at promoting industrial growth based on forest produce, such as Sal seed - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Legal Clarity" - Clear definitions prevent ambiguity in enforcement and legal proceedings related to forest produce trade - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Legal Framework for Forest Produce" - Section 2 provides the essential legal framework for subsequent regulations, licensing, and penalties - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Enforcement and Penalties" - While Section 2 does not specify punishments, its definitions are instrumental in enforcing the Act’s provisions - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Policy Support for Industry" - Definitions support government policies to incentivize industrial use of forest produce like Sal seed, including concessions and fixed pricing - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Legal Certainty" - The comprehensive definitions ensure legal certainty in the regulation of forest produce trade within Madhya Pradesh - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Implication for Traders" - Traders must adhere to the definitions to comply with licensing and registration requirements, avoiding penalties - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Scope of Minor Forest Produce" - The inclusion of minor forest produce under the definition emphasizes the importance of sustainable and regulated harvesting - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Legal Consistency" - The definitions in Section 2 align with other forest laws and regulations, ensuring consistency in legal interpretation - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].
• "Impact on Forest Management" - Clear definitions aid in effective forest management and conservation efforts by delineating what is subject to regulation - [M. P. OIL EXTRACTION PVT. LTD. , RAIPUR, M. P. VS STATE OF M. P. ].

Note: The references are based on the provided sources, primarily focusing on the detailed explanation of Section 2 and its implications within the Act.

S.4 Appointment of agents

       (1) The State Government may, for the purchase of and trade in, specified forest produce on its behalf appoint one or more agents in respect of different units for all or any specified forest produce and any such agent may be appointed in respect of more than one unit.
       1[(2) A co-operative society, a Gram Panchayat or a Janpada Panchayat may be appointed as an agent under sub-section (1) for one or more units and only in the event of none of the aforesaid forthcoming for appointment as agent, an individual may be so appointed as agent.]
       (3) The terms, conditions and the procedure for appointment of agent shall be such as may be prescribed.
       _________________
       1 Substituted by M.P. Act No. 28 of 1983 (w.e.f. 15-9-1983).

S.5 Restriction on purchase of transport of specified forest produce

       (1) On the issue of a notification under sub-section (3) of Section 1 with respect to any area, no person other than,—
       (a) the State Government;
       (b) an officer of the State Government authorised in writing in that behalf; or
       (c) an agent in respect of the unit in which the specified forest produce is grown or found;
       shall purchase or transport such specified forest produce in such area.
       Explanation I.—Purchase shall include purchase by barter.
       1[Explanation II.—Purchase of specified forest produce from the State Government or the aforesaid Government Officer or Agent or a licensed Vendor or purchase under Section 12-A shall not be deemed to be a purchase in con

S.6 Omitted

       1 Omitted by M.P. Act No. 16 of 2002. Prior to omission it read as under: “6. Constitution of Advisory Committee.—
       (1) The State Government shall for each calendar year constitute in respect of each specified forest produce an Advisory Committee for each Revenue Commissioner’s Division in the State consisting of not more than nine members as may be notified by the State Government from time to time for the purpose of advising the State Government in the matter of fixation of a fair and reasonable price of each specified forest produce at which such produce may be purchased by the State Government or its authorized officer or agent as are offered for sale in such division in accordance with the provisions of this Act:
       Provided that, —
       (i) two of the members shall be from amongst the traders of

S.7 Constitution of Advisory Committee

       1The State Government shall fix the price at which specified forest produce shall be purchased by it or by any of its authorised officer or agent from growers of specified forest produce in such manner as may be prescribed :
       Provided that different prices may be fixed for different units, and in so doing regard shall be had amongst other things to,—
       (a) prices of specified forest produce obtained or fixed under this Act or any other enactment during the preceding three years in respect of the area comprised in the unit;
       (b) quality of the specified forest produce in the unit;
       (c) transport facilities available in the unit;
       (d) the cost of transport; and
       (e) gen

S.8 Opening of depots and publication of price list, etc. at the depot

       There shall be set up in each unit such number of depots and at such places as the State Government may, taking into consideration the convenience of the growers of specified forest produce, direct and a price list of specified forest produce 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.

S.9 State Government or agent to purchase specified forest produce

       (1) The State Government or their authorised officer or agent shall be bound to purchase at the price fixed under Section 7 specified 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 specified forest produce which in their opinion is not fit for the purpose of consumption or use as raw material for manufacture or for trade.
       (2) Any person aggrieved by rejection of his specified forest produce by an authorised officer or agent under proviso to sub-section (1) may, within fifteen days therefrom, refer the matter to the 1[Officer-in-charge of Forest Division], or such other officer who may be empowered by the State Government in this behalf, having jurisdiction over the unit in which the specifie

S.10 Registration

       Every grower of specified forest produce shall if the quantity of a specified forest produce grown by him during a year is likely to exceed such quantity as may be prescribed, get himself registered in the prescribed manner.

S.11 Registration of manufacturers, traders and consumers of specified forest produce

       (1) Every manufacturer who uses any specified forest produce as a raw material and every trader or a consumer whose annual use, requirement or consumption, as the case may be, exceeds such quantity as may be prescribed, shall get himself registered within such period, on payment of such fee and in such manner as may be prescribed.
       (2) Every such manufacturer, trader or consumer shall submit such declarations, accounts and returns and in such forms and to such officer and at such intervals as may be prescribed.

S.12 Disposal of specified forest produce

       Specified forest produce purchased by the State Government or by its officer or agent under this Act shall be sold or otherwise disposed of in such manner as the State Government may direct.

S.12(a) Re-sale of excess specified forest produce by manufacturer, trader or consumer

       1(1) Any manufacturer who uses any specified forest produce as a raw material, or any trader or consumer of specified forest produce with whom such produce is left over in excess after his use, requirement or consumption, shall not re-sell the same without the permission. of the State Government or any officer authorised by the State Government in this behalf (hereinafter referred to in this section as authorised officer). The manufacturer, trader or consumer intending to sell the specified forest produce left with him in excess shall apply in writing, for permission, to the State Government or the authorised officer clearly stating therein,—
       (i) the quantity of specified forest produce intended to be sold;
       (ii) the rate at which such produce is offered for sale; and
       (iii) the person to whom,

S.13 Retail sale of specified forest produce

       (1) No person shall engage himself in retail sale of a specified forest produce except under a licence granted under this section.
       (2) The State Government may, for the purpose of facilitating retail sale of a specified forest produce within the State, grant licenses to as many persons as it may deem fit.
       (3) Any person who desires to engage himself in retail sale of a specified forest produce shall make an application in such form, to such authority and in such manner as may be prescribed.
       (4) The prescribed authority may, on receiving such application, and on payment of such fee as may be prescribed, grant or renew a licence subject to such terms and conditions as may be prescribed.

S.14 Delegation of powers

       The State Government may, by order, delegate any of its powers or functions under this Act or the rules made thereunder to any officer or authority not below the rank of an Assistant Conservator of Forests who shall exercise or perform the same, subject to such conditions and restrictions as the State Government may specify in the order.
       SCHEDULE
       Serial
       Powers
       Officers
       Conditions and restrictions
       (1)
       (2)
       (3)
       (4)
       1.
       Power to constitute units

S.15 Search and seizure of property liable to confiscation and procedure therefor

       1(1) 2[Any Forest Officer as may be notified by the State Government or any Police Officer not below the rank of an Assistant Sub-Insertedector] or any other person authorised by the State Government may, with a view to securing compliance with the provisions of this Act 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 specified forest produce;
       (ii) enter and search any place.
       (2) When there is reason to believe that any offence under this Act has been committed in respect of any specified forest produce, 2[any Forest Officer as may be notified by the State Government or any Police Officer not below the rank of an Assistant Sub-Ins

S.15(a) Appeal against [order of authorised officer]

       Appeal against1 [order of authorised officer]
       (1) Any person aggrieved by 2[any order of authorised officer] may within thirty days of the order, or if fact of such order has not been communicated to him, within thirty days of date of knowledge of such order, prefer an appeal in writing accompanied by such fee and payable in such form as may be prescribed, and by certified copy of 1[order of authorised officer] to the 3[Officer-in-change] (hereinafter referred to as Appellate Authority) of the forest circle in which the forest produce, has been seized.
       Explanation.—The time requisite for obtaining certified copy of the order of confiscation shall be excluded while computing period of thirty days referred to in this sub-section.
       (2) The Appellate Authority referred to in sub-section (1), may, w

S.15(b) Revision before Court of Sessions against order of Appellate Authority

       (1) Any party to the appeal, aggrieved by final order or by order of consequential nature passed by the Appellate Authority, may within thirty days of the order sought to be impugned, submit a petition, for revision to the Court of Sessions within the Sessions divisions whereof the headquarters of the Appellate Authority are situate.
       Explanation.—In computing the period of thirty days under this sub-section, the time requisite for obtaining certified copy of the order of Appellate Authority shall be excluded.
       (2) The Court of Sessions may confirm, reverse or modify any final order of consequential nature passed by the Appellate Authority shall be excluded.
       (3) Copies of the order passed in revision shall be sent to the Appellate Authority and to the Authorised Officer for compliance or for pas

S.15(c) Bar of jurisdiction of Court etc. under certain circumstances

       (1) On receipt of intimation under sub-section (5) of Section 15 about initiation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation, has been made, no Court, Tribunal or Authority (other than the authorised officer, Appellate Authority and Court of Sessions referred to in Sections 15, 15-A and 15-B as the case may be), shall have jurisdiction to make orders with regard to which proceedings for confiscation are initiated under Section 15, notwithstanding anything contained in this Act, or any other law for the time being in force :
       Provided that before passing any order for disposal of property, the Magistrate shall satisfy himself that no intimation under sub-section (5) of Section 15 has been received by his Court or by any other Court having juris

S.15(d) Confiscation of property when the produce is not the property of Government

       All specified forest produce which in either case is not the property of the Government and in respect of which a contravention of any provision of the Act or the rules made thereunder has been committed and all tools, boats, vehicles, ropes, chains or any other articles, in each case used in committing such contravention shall, subject to the provisions of Sections 15, 15-A, 15-B and 15-C be liable to confiscation upon conviction of the offender for such contravention.

S.16 Penalty

       If any person contravenes any of the provisions of this Act or the rules made thereunder,—
       1[(a) he shall be punishable with imprisonment which may extend to two years or with fine which may extend to 2[twenty-five thousand rupees] or with both].
       (b) the specified forest produce in respect of which such contravention has been made or such part thereof as the Court may deem fit shall be forfeited to the Government:
       Provided that if the Court is of the opinion that it is not necessary to direct forfeiture in respect of the whole, or as the case may be, any part of the specified forest produce it may, for reasons to be recorded, refrain from doing so.
       _________________
       1 Substituted by M.P. Act No. 16 of 199

S.17 Attempts and abatement

       Any person who attempts to contravene or abets the contravention of any provision of this Act or the rules made thereunder shall be deemed to have contravened such provision.

S.18 Cognizance of offences

       No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by any Forest Officer not below the rank of a 1[Officer-in-charge of forest division] or any other officer as may be authorised by the State Government in this behalf.
       _________________
       1 Substituted for “Divisional Forest Officer” by M.P. Act No. 11 of 2009.

S.19 Composition of offences

       1(1) The State Government may, by notification, empower a Forest Officer,—
       (a) to accept from any person against whom a reasonable suspicion exists that he has committed an offence punishable under this Act, or the rule 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 other than a specified forest produce has been seized as liable to confiscation, to release the same, at any time before an order of confiscation is passed by an appropriate authority, on payment of the value thereof as estimated by such officer.
       (2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected persons shall be discharged, the property, other than the specified forest

S.20 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 done in pursuance of this Act, or the rules made thereunder.
       (2) No suit or other legal proceedings shall lie against the State Government 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 Act, or by anything which is in good faith done or intended to be so done in pursuance of this Act, or the rules made thereunder.

S.21 Power to make rules

       (1) The State Government may, subject to the condition of previous publication, make rules to carry out all or any of the provisions of this Act.
       (2) In particular and without prejudice to generality of the foregoing powers such rules may provide for all or any of the following matters, namely,—
       (a) the terms, conditions and the procedure for appointment of agents under Section 4;
       (b) (i) the quantity of specified forest produce which may be transported by a consumer under Section 5 (2)(b);
       1[(ii) the terms and conditions of a transit pass subject to which specified forest produce may be transported, the authority by which, the manner in which and the fee on payment of which such transit pass shall be issued under clause (c) of sub-section (2) of Se

S.22 For other matters the provisions of Indian Forest Act shall apply

       1[For other matters the provisions of Indian Forest Act shall apply]
       1[(1) The matters relating to the specified forest produce not provided for in this Act and provided for in the Indian Forest Act, 1927 (No. 16 of 1927) shall be governed by the provisions of that Act.
       (2) Nothing contained in any other law, rule, order or any other thing having a force of law in any region of the State shall apply to the specified forest produce in respect of matters for which provisions are contained in this Act.
       _________________
       1 Substituted by M.P. Act No. 15 of 1987 (w.e.f. 21-11-1986).

S.23 Power to exclude specified forest produce from the operation of the Act

       1(1) The State Government may, from time to time, by notification, direct that from a date specified therein, a forest produce specified in the notification mentioned in or issued under sub-section (3) of Section 1 shall cease to be a specified forest produce in relation to the area or areas as may be specified in the said notification.
       (2) The State Government may, from time to time, by a like notification direct that from a date specified therein the specified forest produce which ceased to be so under sub-section (1) shall be specified forest produce in relation to the area or areas as may be specified in the said notification.
       (3) Every notification issued under sub-section (1) or sub-section (2) shall, as soon as may be, after it is issued, be laid on the table of the Legislative Assembly].
      &nb

S.24 Repeal

As from the date specified in the notification issued under sub-section (3) of Section 1, the provisions of any law, rule, order or any other thing having a force of law in any region of the State immediately before the date aforesaid shall, in so far as such provision relates to matters provided in this Act, cease to apply in respect of the specified forest produce specified in the said notification.