The Chhattisgarh Vanopaj (Vyapar Viniyaman) Adhiniyam, 1969

(1) This Act may be called the Madhya Pradesh Vanopaj (Vyapar Viniyaman) Adhiniyam, 1969. (2) It extends to the whole of the State of Madhya Pradesh. (3) It shall come into force in such area or areas and on such date or dates as the State Government may, by notification, specify and different dates may be specified for different forest produce and for different areas.

In this Act, unless the context otherwise requires,— (a) 'Agent' means an agent appointed under sub-section (3) of section 3; (b) 'Specified Forest Produce' means forest produce specified in the Schedule; (c) 'Specified Area' means the area specified by the State Government under sub-section (3) of section 1; (d) 'Specified Forest Produce' means the forest produce specified in the Schedule; (e) 'Tenant' means a person who holds land, and includes an Occupancy Tenant; (f) 'Tenure Holder' means a person who holds land from the State Government, and includes a person who holds land for agricultural or allied purposes, and also includes a land Alienated; (g) 'Timber' includes standing trees, the trunk or stem of trees, and such timber, whether fashioned or hollowed, out of the following: 1. Tectona Grandis, 2. Shorea Robusta, 3. Pterocarpus massupium, 4. Ouginia Dalbargoides, 5. Dalbergia Latifolia, 6. Annogeissus Latifolia, 7. Terminalia Tomentosa, 8. Madhuca Latifolia, 9. Chloroxy on Swietenia, 10. Pongamia Glabra, 11. Diospyros meleroxylon, 12. Lagerstrosmia Parviflora, 13. Boswellia Serratta.

The State Government may, for the purpose of purchase of and trade in specified forest produce on its behalf, appoint agents in respect of different specified areas and such agents shall, subject to rules made in this behalf, carry out such functions as may be prescribed.

(1) Notwithstanding anything to the contrary in any law for the time being in force, or any contract, grant or other instrument to the contrary, it shall not be lawful for any person other than the State Government or an officer authorised by it or an agent in respect of the unit in which such produce is grown or found, to purchase or transport specified forest produce. (2) Nothing in sub-section (1) shall apply to the sale of specified forest produce by a person to the State Government or an officer authorised by it or an agent; or the transport of specified forest produce by a person from a place within the unit to any other place within the same unit for his bona fide domestic consumption. (3) Notwithstanding anything in sub-section (1), any person may, subject to such rules as may be made, transport specified forest produce not exceeding such quantity as may be prescribed.

(1) Subject to the provisions of sub-section (3) of section 1, every grower of specified forest produce in the specified area shall, if he intends to sell such produce, get himself registered in such manner as may be prescribed. (2) In such cases as may be prescribed, the registration as aforesaid may be done by the State Government or an officer authorised in this behalf. Explanation 1. Nothing in this section shall apply to Barter. Explanation 2. Every such registration shall be valid for the sale of such specified forest produce for the period prescribed in section 12(a). Explanation 3. Notwithstanding anything contained in any law for the time being in force, any person interested in the sale of specified forest produce shall, after receiving such produce, record the transaction in the prescribed register. (2) Notwithstanding anything contained in sub-section (1), every sale of specified forest produce shall be done in accordance with the prescribed manner: (a) through an Agent appointed; (b) in the event of no sale occurring during or in the specified period, the grower may, in the prescribed manner, sell the produce to any other person in accordance with the rules prescribed.

The State Government may, for the purpose of purchase of and trade in, specified forest produce, appoint agents in respect of different units and such agents shall be appointed in respect of such forest produce and for such period as the State Government may direct. (ka) An agent appointed for a unit shall, in the transaction of business for the State Government, act in accordance with such instructions as may be given from time to time by the State Government or by any person authorised by the State Government in this behalf; (kha) An agent shall not purchase or trade in specified forest produce on his own behalf; (ga) An agent shall render true and correct accounts to the State Government; (gha) An agent shall be entitled to such remuneration as may be prescribed; (cha) Such appointment may be cancelled by the State Government at any time.

(1) Notwithstanding anything contained in any law for the time being in force, no person shall sell any specified forest produce except to the State Government or to an officer authorised by the State Government in that behalf or to an agent; Provided that this section shall not apply to the sale of specified forest produce by a person to another person for his bona fide domestic consumption or to a grower or a cultivator of specified forest produce not exceeding such quantity as may be prescribed. (2) All specified forest produce purchased by the State Government or by an officer or agent authorized by the State Government, shall be sold or otherwise disposed of in such manner as the State Government may direct. (3) Any sale of specified forest produce in contravention of sub-section (1) shall be void and shall not be enforceable by law. (4) Nothing in this section shall prevent a follower or cultivator of specified forest produce from selling his produce to a registered manufacturer. (5) An agent appointed under sub-section (5) of section 6 shall purchase specified forest produce at such rates as may be fixed by the State Government from time to time and shall pay the price to the seller immediately on demand. Provided that in such cases where the produce is not weighed on the spot, the price shall be paid within 15 days of the sale. Provided further that where a manufacturer has entered into a contract to purchase specified forest produce, he shall pay the price to the seller in the manner, and at the time as may be prescribed: (ka) The price shall be fixed keeping in view the prevailing market rates and the interest of the growers; (kha) The agent shall maintain the accounts; (ga) Returns shall be submitted as prescribed; (gha) Rules shall be complied with; (cha) Such other conditions as the State Government may specify.

Every manufacturer of specified forest produce, who is engaged in the manufacture of finished goods using specified forest produce, shall get himself registered with such officer and in such manner as may be prescribed, and shall maintain and submit such returns as may be prescribed. Provided that every manufacturer who is not registered shall, as soon as may be, apply for registration in the prescribed manner. The registration certificate shall be displayed by the manufacturer at his place of business.

(1) The State Government may, for the purpose of enabling the manufacturer to obtain specified forest produce, issue directions from time to time to the agents or officers authorised in this behalf. (2) Every manufacturer who is registered in accordance with the provisions of sub-section (1) shall be entitled to obtain such quantity of specified forest produce as may be determined by the State Government or by an officer authorised in this behalf. (3) Upon the receipt of an application from a manufacturer, the State Government or the authorised officer may, after holding such enquiry as it may deem fit, permit the manufacturer to procure specified forest produce from such units and in such quantity as may be specified in the permit. (ka) The manufacturer shall pay the price of the specified forest produce as fixed by the State Government, and shall comply with the conditions laid down in the permit. (kha) The manufacturer shall submit such returns as may be required and perform such acts as may be necessary for the purpose of this Act. (4) The State Government may by notification further specify the terms and conditions.

The State Government may, for the purpose of trade in specified forest produce, dispose of the same in such manner as it deems fit and may, for that purpose, issue directions to the officers or agents.

(1) Any officer authorised by the State Government in this behalf may, for the purpose of ensuring compliance with the provisions of this Act, enter and search any place, premises, vehicle or vessel where such produce is stored or kept. (2) Any officer authorised by the State Government may seize any specified forest produce which he has reason to believe is being transported or kept in contravention of the provisions of this Act.

Any specified forest produce seized under the provisions of this Act shall be disposed of in such manner as the State Government may direct.

(1) The authorised officer may order for the confiscation of any specified forest produce seized under this Act along with any vehicle, vessel, or animal used in the commission of an offence.

The State Government may, by order, delegate all or any of the powers conferred upon it by or under this Act to any officer or authority subordinate to it subject to such conditions as may be specified in the order.

(1) Any police officer not below the rank of an officer in charge of a police station or any officer of the Forest Department not below the rank of a Range Officer or any officer of the Revenue Department not below the rank of a Tahsildar within their respective jurisdiction may— (i) search any place, vehicle or receptacle, if he has reason to believe that any forest produce in respect of which an offence under this Act has been committed is kept or concealed therein; (ii) require the owner or the person in charge of any such forest produce to produce for his inspection the accounts, books or other documents maintained by him in respect of such forest produce or to furnish any other information relating to the purchase or sale of such forest produce, in such form and within such time as may be prescribed. (2) Any officer of the Forest Department not below the rank of a Range Officer or any officer of the Revenue Department not below the rank of a Tahsildar may search, seize and detain any forest produce in respect of which he has reason to believe that an offence under this Act has been committed and any book of accounts, registers, vehicles, receptacles or other documents which in his opinion will be useful for or relevant to any proceeding under this Act. (3) Any officer acting under sub-section (1) or sub-section (2) may seize any forest produce in respect of which an offence under this Act has been committed and any books of accounts, registers, vehicles, receptacles or other documents which he has reason to believe will be useful for or relevant to any proceeding under this Act. Provided that the officer seizing any property under this sub-section shall place on such property a mark of identification and shall forthwith make a report of such seizure to the Divisional Forest Officer or to such officer as may be authorised by the State Government in this behalf: Provided further that where the forest produce seized under this sub-section is of a perishable nature, the officer seizing it may sell such produce in public auction and deposit the proceeds in the Government Treasury. (4) Notwithstanding anything contained in sub-section (6), where any forest produce is seized under sub-section (1) or (2), the officer shall, if he has reason to believe that the forest produce is likely to deteriorate in quality or value and the seizure is likely to result in undue delay, submit a report to the Divisional Forest Officer having jurisdiction over the area, and the Divisional Forest Officer may, if he is satisfied, order that the forest produce be sold in public auction and the proceeds thereof deposited in the Government Treasury. (5) On receipt of the report under sub-section (4), the Divisional Forest Officer may, if he is satisfied that the forest produce is a forest produce in respect of which an offence under this Act has been committed— (a) order confiscation of the forest produce and the proceeds thereof; (b) if he is satisfied that the forest produce seized is not in conformity with the provisions of this Act, order that the same be disposed of in a manner as may be prescribed; (c) if he is satisfied that the requirements of clause (b) have been met, order that the proceeds of the auction be forfeited to Government; (d) if he is satisfied that there is no case for confiscation, order that the property be released. (6) On receipt of the report under sub-section (4), the Divisional Forest Officer shall, before passing any order under sub-section (5), give a reasonable opportunity to the person from whom the forest produce was seized to show cause why the forest produce should not be confiscated or the proceeds thereof forfeited to Government. (7) Every officer exercising the powers of seizure under this section shall, as far as may be, follow the provisions of sections 102 and 103 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure.

(1) When the trial of any forest offence is concluded, any Court may, if it is of the opinion that a forest offence has been committed, order the confiscation of the property, including the tools, ropes, chains, boats, vehicles or cattle used in committing such offence. (2) An order under sub-section (1) may also be passed by the Appellate Court or by the Court of Revision in its powers of revision.

(1) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force, whenever any forest produce, together with tools, ropes, chains, boats, vehicles or cattle are seized under sub-section (1) of section 15, the officer authorized under sub-section (5) of section 15 shall have, and, notwithstanding anything to the contrary contained in any judgment, decree or order of any Court or Tribunal, the authorised officer shall have, and shall be deemed always to have had, jurisdiction, powers to the exclusion of any other Court, Tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal, release, as the case may be, of such property in regard to which proceedings for confiscation are initiated in terms of sections 15, 15-A, and section 15-B. (2) Where any forest produce, together with tools, ropes, chains, boats, vehicles or cattle are seized under sub-section (1) of section 15, then, notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974), any officer authorized by an order of the State Government, shall have, and notwithstanding anything to the contrary contained in any judgment, decree or order of any Court or Tribunal or any other law for the time being in force, the authorized officer shall have, and shall be deemed always to have had, jurisdiction, powers to the exclusion of any other Court, Tribunal or authority to make orders with regard to the custody, possession, delivery, disposal, release, as the case may be, of such property in regard to which proceedings for confiscation are initiated in terms of sub-section (3) of section 15.

(1) The State Government may make rules to carry out the purposes of this Act in relation to the procedures for seizure, custody, and disposal of property seized under this Act. (2) Such rules may provide for the methods of serving notices, the conduct of inquiries, the manner of filing appeals, and any other matters necessary to give effect to the provisions of sections 15, 15-A, 15-B, and 15-C of this Act.

(1) Any person who contravenes any of the provisions of this Act or any rule made thereunder shall be punishable with imprisonment which may extend to one year or with fine which may extend to Rs. 5,000 or with both. (2) Any person who attempts to contravene any of the provisions of this Act or any rule made thereunder or abets such contravention shall be deemed to have contravened the provisions of this Act or such rule.

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

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 Divisional Forest Officer or by any other officer as may be notified by the State Government in this behalf.

(1) Any forest officer not below the rank of a Divisional Forest Officer may, either before or after the institution of proceedings, compound any offence: (a) where the offence consists of the contravention of any provision of this Act or of any rule made thereunder and the value of the forest produce, in respect of which the offence is believed to have been committed, does not exceed Rs. 5,000; and (b) where the offence consists in the contravention of the provisions of this Act or rule made thereunder, other than that specified in clause (a) on payment of such amount as may be estimated by the officer concerned. (2) Any person in respect of whom the offence is compounded shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded. (3) Any forest officer, on receipt of any information, may, after making such investigation as he may deem necessary, may compound the offence, the value of which does not exceed the limit specified in sub-section (1).

(1) Nothing in this Act shall affect the provisions of the Indian Forest Act, 1927 or the rules made thereunder in so far as they pertain to the regulation and control of forest produce. (2) Any action taken or anything done under the Indian Forest Act, 1927 prior to the commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been taken or done under this Act.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything which appears to it to be necessary or expedient for the purposes of this Act. (2) Every order made under this section shall be laid before the State Legislature. A- Under sub-section (a) provide the rule-making power. B- Under sub-section (b) provide the power to estimate value. ... [list continues with items C to I]

(1) The Indian Forest Act, 1927 (16 of 1927) shall be deemed to have been amended to the extent as provided in this Act. (2) Anything done or any action taken under the Indian Forest Act, 1927 prior to the commencement of this Act which is not inconsistent with the provisions of this Act shall be deemed to have been validly taken.

The Chhattisgarh Vanopaj Vyapar Viniyaman Adhiniyam, 1969 (9 of 1969) is hereby repealed.

The Seizure of the truck by the police officer for the forest offence coupled with the offence under Penal Code or any other enactment, in the opinion of this Court, will not make any difference after the intimation of initiation of proceedings under Sec. 52 ( 4) of Confiscation and the jurisdiction will stand ousted of the magistrate concerned to deal with the subject-matter so seized for passing the order interim or final custody under the provisions of Sec. 451 and 457 Cr P.C.

The jurisdiction of the magistrate concerned to deal with the subject-matter so seized for passing the order interim or final custody under the provisions of Sec. 451 and 457 Cr P.C. will stand ousted.