ANDHRA PRADESH MINOR FOREST PRODUCE (REGULATION OF TRADE) ACT, 1971

4 of 1971

An Act to make provision for regulating in the public interest the trade of certain minor forest produce by creation of a State monopoly in such trade in the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty first year of the Republic of India as follows:

Section 1 Short title, extent, commencement and application

(1) This Act may be called the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971.

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

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

(4) It shall apply to every minor forest produce specified in the Schedule.

Section 2 Definitions

In this Act, unless the context otherwise requires

(1) "agent" means an agent appointed under Section 4;

(2) "committee" means an Advisory Committee constituted under sub section (1) of Section 6;

(3)"Government" means the State Government;

(4) "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, (Act 1 of 1967), the Government; and

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

(a) the Government, where the minor forest produce is grown on unoccupied land which is the property of the Government or which is placed under their control and management,

(b) the owner, occupier, tenant, lessee or other person having right to the possession and enjoyment of the land included in a unit, on which the minor forest produce is grown and includes every person, who, from time to time, claims title to such produce through him;

(5) "minor forest produce" means any forest produce other than timber, trees, (excluding bamboos) and charcoal, specified in the Schedule;

(6) "notification" means a notification published in the Andhra Pradesh Gazette;

(7) "specified area" means the area specified in the notification under sub section (3) of Section 1;

(8) "unit" means a sub division of a specified area constituted into a unit under Section 3;

(9) words and expression used but not defined in this Act, and defined in the Andhra Pradesh Forest Act, 1967 (Act 1 of 1967) shall have meanings respectively assigned to them in that Act.

Section 3 Constitution of units

The Government may, from time to time, divide every specified area into such number of units as they may deem fit in respect of each minor forest produce.

Section 4 Appointment of agents

(1) The Government may, for the purposes of purchase of and trade in, any minor forest produce on their behalf appoint an agent for each unit;

Provided that nothing in this sub section shall prevent the appointment of the same person as agent for more than one unit.

(2) The terms and conditions of, and the procedure for appointment of agents shall be such as may be prescribed.

Section 5 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 an area no person other than

(a) the Government, or

(b) an officer of the Government authorised in writing by them in that behalf (hereafter in this Act referred to as the authorised officer), or

(c) an agent appointed for a unit; shall sell or purchase or cure or otherwise process or collect or store or transport any minor produce to which this Act applies.

Explanation:- Any sale to or purchase from the Government, the authorised officer or the agent of a minor forest produce shall not be deemed to be a sale or purchase in contravention of the provisions of this Section.

(2) Notwithstanding anything in sub section (1):

(a) a registered grower may collect any minor forest produce from any land belonging to him on which such produce is grown and may transport the minor forest produce so collected from such land to the nearest depot within the unit in which the said land is included; and

(b) minor forest produce purchased from the Government or from any authorised officer or agent by any person for manufacture of finished goods within the State using such produce or by any person for sale of such produce outside the State may be cured or otherwise processed or stored or transported by such person within or outside the unit in accordance with the terms and conditions of a permit to be issued in that behalf by such authority and in such manner as may be prescribed.

Explanation:- For the purposes of this Clause, the expression "transport by such person within or outside the unit" means the transport of minor forest produce at all stages including the transport to any subsidiary distribution centre situated at a place of work or manufacture.

(3) Any person desiring to sell any minor forest produce may sell the produce to the Government or the authorised officer of agent in such form and in such manner as may be prescribed.

(4) No grower shall carry on

(a) any trade or business in,

(b) any industry with the use of, the minor forest produce to which this Act applies except in accordance with the provisions of this Act or the rules made thereunder.

Section 6 Constitution of Advisory Committee

(1) The Government shall for each year commencing on the 1st day of July and ending on the 30th day of June next following, constitute, in respect of each minor forest produce, an Advisory Committee for one or more forest divisions in the State consisting of such number of members not less than six but not more than nine as may be notified by the Government, from time to time, for the purpose of advising the Government in the matter of fixation from time to time, of a fair and reasonable price at which such produce, as is offered for sale in a division or divisions, may be purchased by the Government or their authorised officer or agent in accordance with the provisions of this Act.

Provided that two of the members shall be from amongst the traders of the respective minor forest produce, or manufacturers of finished goods using such produce; and four members shall be from amongst the growers of the respective minor forest produce other than the Government.

(2) It shall also be the duty of the Committee to advise the Government on such other matters as may be referred to it by the Government for carrying out the purposes of this Act.

(3) The business of the Committee shall be transacted in such manner as may be prescribed.

(4) The members of the Committee shall be entitled to such allowances as may be prescribed.

(5) The Committee shall tender its advice to the Government within such period as the Government may specify in this behalf.

Section 7 Government to fix price in consultation with Committee

The Government shall,by notification and after consultation with the Committee, fix the price at which any particular minor forest produce shall be purchased by them or by any authorised officer or agent, 2 [from growers of that produce registered under Section 10] and the price so fixed shall also be published in such other manner as may be prescribed, not later than the 31st day of December; and the price so fixed shall not be altered during the year to which the price relates. Provided that if the Committee fails to tender its advice in regard to the fixation of such price within the period specified under sub section (5) of Section 6, or such further period, not exceeding fifteen days, as the Government may allow, the Government may proceed to fix the price without further consultation with the Committee. Provided further that different prices may be fixed in relation to different units, and in so doing regard shall be had amongst other things, to

(a) price of the respective minor forest produce obtained or fixed under this Act, or any enactment during the preceding three years in respect of the area comprised in the unit,

(b) the quality of the minor forest produce grown in the unit;

(c) transport facilities available in the unit;

(d) the cost of transport, and

(e) the general level of wages for unskilled labour prevalent in the unit.

Section 8 Opening of depots and publication of price list etc, at depots

There shall be set up in each unit such number of depots and at such places, as the Government may, taking into consideration the convenience of the growers of the respective minor forest produce, direct. A price list of such produce fixed by the Government under Section 7 and the hours of business shall be prominently displayed on a notice board kept for the purpose at every such depot.

Section 9 Government, authorised officer or agent to purchase minor forest produce

(1) The Government or authorised officer or Agent shall be bound to purchase the minor forest produce offered for sale at the depot during the hours of business in the raw form, from all the growers registered under Section 10 at the price fixed under Section 7.

Provided that it shall be open to the Government or authorised officer or agent to refuse to purchase any minor forest produce which, in the opinion of the Government or authorised officer or agent, as the case may be, is not fit for the purpose of manufacture of finished goods using such produce or for any other commercial purpose.

(2) Any person aggrieved by the refusal to purchase the minor forest produce by an authorised officer or agent under the proviso to sub section (1) may, within fifteen days therefrom, prefer an appeal to the Divisional Forest Officer, or such other officer as may be empowered by the Government in this behalf, having jurisdiction over the unit.

(3) On receipt of an appeal under sub section (2), the Divisional Forest Officer or other officer, as the case may be, shall hold an inquiry, on the spot or at any convenient place, in the prescribed manner and after hearing the parties concerned or their representatives, shall pass such order as he may deem fit, and in case he finds the refusal to purchase the minor forest produce to be improper, he may

(a) where he considers the minor forest produce in question still suitable for the manufacture of finished goods or for any other commercial purpose, direct the authorised officer or agent, as the case may be, to purchase the same at the price fixed for it and may also award to the person aggrieved such further compensation not exceeding twenty per centum of the price of the produce payable to him, as he may deem fit;

(b) where he considers that the minor forest produce in question has since become unsuitable for manufacture of finished goods or for any other commercial purpose, direct the payment to the person aggrieved of any amount not less than the price of such minor forest produce payable to him under sub section (1) and such further compensation not exceeding twenty per centum of such price, as he may deem fit by way of damages for the loss suffered by such person.

(4) Nothing in this section shall be construed as to debar the appropriation of any minor forest produce offered for sale, if the Government or authorised officer or agent has reason to believe that such produce appertains to forest or lands belonging to or under the control of the Government, and paying only such collection charges,if any, as the Government may, from time to time, determine:

Provided that in the case of any dispute in the matter, the Divisional Forest Officer or other Officer, as the case may be, shall hear and dispose of the same in the manner provided in sub section (3).

(5) Any person aggrieved by the decision referred to in the proviso to sub section (4) may; within a period of thirty days from the date of receipt of such decision, prefer an appeal to the Government; and the decision of the Government on such appeal shall be final.

Section 10 Registration

(1) Every grower, other than the Government, shall if the quantity of the minor forest produce grown by him during a year is liekly to exceed such quantity as may be prescribed get himself registered in such manner as may be prescribed.

(2) As soon as may be after a grower applies for registration unders sub section

(1) the Divisional Forest Officer, shall after making such enquiry and vertification as he deemes fit, issue a certificate of registration to the grower specifying the approximate quantity of the minor forest produce that would be available in a season from the lands of the grower:

Provided that a certificate of registration issued under this sub section shall unless cancelled earlier by the Divisional Forest Officer for reasons to be recorded in writing be valid for a period of three years from the date of issue or until the grower is in possession of the land in respect of which the certificate has been issued whichever is earlier.

(3) An appeal shall lie to the Conservator of Forests concerned against the certificate of registration issued by the Divisional Forest Officer under Sub section (2) within 15 days from the date of the issue of the certificate and the decision of the Conservator of Forests thereon shall be final and shall not be questioned in any court of law.]

Section 11 Registration of manufacturers of finished goods using minor forest produce and exporters of minor forest produce

(1) Every manufacturer of finished goods using minor forest produce, and every exporter of minor forest produce shall get himself registered within such period, on payment of such fee, and in such manner, as may be prescribed.

(2) Every such manufacturer and exporter registered under sub section (1) shall furnish a declaration in such form, by such date, and in such manner, as may be prescribed.

Section 12 Disposal of minor forest produce

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

Section 13 Delegation of powers

The Government may, by notification, delegate any of their powers or functions under this Act, or the rules made thereunder to any officer not below the rank of an Assistant Conservator of Forests, or to any authority, who shall exercise or perform the same, subject to such conditions and restrictions as the Government may specify in the notification.

Section 14 Power of entry, search seizure etc.

(1) Any forest officer or police officer not below the rank of a Sub Inspector, or any other person authorised by the Government in this behalf 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 a minor forest produce;

(ii) entered and search any place; and

(iii) where there is reason to believe that an offence punishable under this Act or any rule made thereunder has been committed in respect of any minor forest produce, seize such minor forest produce together with the receptacles, if any, in which it is contained and all tools, ropes, chains, boats, vehicles or cattle used in committing any such offence.

(2) Every officer seizing minor forest produce and other property under clause (iii) of sub section (1) shall place on such produce or other property a mark indicating that the same has been so seized and shall, except where the offender agrees in writing forthwith to get the offence compounded in the manner prescribed, make a report of seizure to the Magistrate.

(3) Any forest officer not below the rank of a Ranger who, or whose subordinate, has seized any property, other than the minor forest produce, under clause (iii) of sub section (1) may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required, before the Magistrate.

(4) Upon the receipt of any report under sub section (2), the Magistrate shall, except where the offence is compounded, take such measures as may be necessary for the trial of the accused and the disposal of the minor forest produce and other property according to law.

(5) The minor forest produce and other property seized under clause (iii) of sub section (1) shall be kept in the custody of the forest officer not below the rank of the forest guard or village headman until the compensation for compounding the offence is paid or until an order of the Magistrate directing its disposal is received.

(6) The provisions of Sections 102 and 103 of the Code of Criminal Procedure, 1898, (Act V of 1898) relating to search and seizure shall, so far as may be, apply to searches and seizures under this Section.

Section 15 Penalty

If any person contravenes any of the provisions of this Act 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 whole, or as the case may be, any of the minor forest produce or other property, it may for reasons to be recorded, refrain from doing so.

Section 16 Attempts and abetment

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 provisions.

Section 17 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 Divisional Forest Officer or such officer or such other officer as may be authorised by the Government in this behalf.

Section 18 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 Act or the rules made threunder.

(2) No suit or other legal proceedings shall lie against the 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.

Section 19 Power to make rules

(1) The Government may, by notification and subject to the condition of previous publication, make rules to carry out all or any of the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely:

(a) the terms and conditions of, and the procedure to be followed in making appointment of agents;

(b) the manner of selling the minor forest produce to the authorised officer or agent at a depot;

(c) the authority by whom, the manner in which and the conditions subject to which, permits may be issued or, the transport within the State of the minor forest produce to be brought from outside the State may be regulated;

(d) the manner of transacting the business of the Committee and the allowances to which the members thereof are entitled to;

(e) the publication of the price lists of minor forest produce;

(f) the manner of holding inquiries under this Act;

(g) the manner of registration under Section 10;

(h)

(i) the manner of registration, the period within which such registration shall be made and the fee payable therefor, under sub section (1) of Section 11;

(ii) the form of declaration, the authority to whom, the date by which and the manner in which, the declaration shall be furnished under sub section (2) of Section 11;

(i) the manner in which an offence punishable under this Act may be compounded;

(j) any other matter which is either expressly or impliedly required to be prescribed under this Act.

(3) Every rule made under this Act shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session, or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 20 Act 1 of 1967 not to apply to minor forest produce

Nothing in the Andhra Pradesh Forest Act, 1967, shall apply to minor forest produce in respect of the matters for which provisions are contained in this Act.

Section 21 Power to remove difficulty

If any difficulty arises in giving effect to the provisions of this Act, the Government may, subject to the provisions of Section 23, by notification, make such provisions, not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for the purpose of removing the difficulty.

Section 22 Power to amend the Schedule

The Government may, subject to the provisions of Section 23, from time to time, by notification, add to, or modify the Schedule after considering the necessity in the public interest of regulating the trade of any minor produce and on any such notification being issued, the Schedule shall be deemed to be amended accordingly.

Section 23 Application of Section 19(3) to notifications under Sections 21 and 22

The provisions of sub section (3) of Section 19 shall apply in relation to a notification issued under Section 21 or under Section 22, as they apply in relation to a rule made under Section 19 with the substitution of references to the "notification" for reference to the "rule".

Section 24 Repeal and saving

(1) The Andhra Pradesh Abnus Leaves Act, 1956 and the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Ordinance, 1970 are hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Ordinance, 1970 shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act had come into force on the 6th October, 1970.

SCHEDULE 1 SCHEDULE 1

SCHEDULE[See Sections 1(4) and 2(5)] Abnus (or Tuniki or Bedi) Leaves.

RULE:

ANDHRA PRADESH MINOR FOREST PRODUCE (REGULATION OF TRADE IN ABNUS LEAVES) RULES, 1970

In exercise of the powers conferred by Section 19 of the A.P. Minor Forest Produce (Regulation of Trade) Ordinance, 1970 (Andhra Pradesh Ordinance 5 of 1970), the Government of Andhra Pradesh hereby makes the following rules, the same having been previously published at pages 1 to 28 of the Rules Supplement to Part II of the Extraordinary issue of the A.P. Gazette dated 23rd November, 1970, as required by sub section (1) of Section 19 of the Said Ordinance.

Rule 1 Short title

These rules may be called the Andhra Pradesh Minor Forest Produce (Regulation of Trade in Abnus Leaves) Rules, 1970,

Rule 2 Definitions

In these rules, unless the context otherwise requires:

(1) "Chairman" means the Chairman of Committee appointed as such under Rule 5:

(2) "Conservator concerned" means the Conservator of Forests who is the immediate superior of the Divisional Forest Officer;

(3) "Conservator of Forests, State Trading Circle" means the Conservator of Forests posted as such by the Government.

(4) "Convenor" means the Convenor of the Committee appointed as such under Rule 5;

(4A). "deport" means a place where abnus leaves are purchased by or delivered to the Government or agent of authorised Officer or where the raw abnus leaves are cured;

(5) "Divisional Forest Officer" means the Divisional Forest Officer having territorial jurisdiction over the unit concerned;

(6) "Exporter" means any person who exports abnus leaves for sale or for manufacture of beedies at any place outside the State, by himself or through others on his behalf;

(7) Form , means a Form appended to these rules;

(7-A) "godown" means a place where cured abnus leaves are stored.

(8) "Manufacturer of beedies" means any person who manufactures or causes to be manufactured beedies in the State using abnus leaves for the purpose of trade therein;

(9) "Ordinance" means the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Ordinance, 1970 (Andhra Pradesh Ordinance 5 of 1970);

(10) "Purchaser" means any person to whom abnus leaves have been sold or otherwise disposed of by the Government;

(11) "Section" means a section of the Ordinance;

(12) "Standard bag" means a quantity of one thousand standard bundles, whether bagged or not;

(13) "Standard bundle" means a bundle (or a katta) containing *[fifty] abnus leaves;

(14) "Trade bag" means a bag used by the purchaser for packing and transporting abnus leaves displaying conspicuously the number of standard bundles contained therein;

(15) "transport permit" means a permit for the transport of abnus leaves issued under clause (b) of sub section (2) of Section 5.

Rule 3 Appointment of agent

(1) The Government shall, for the purpose of enabling them to appoint person as an agent in any unit or units under sub section (1) of Section 4, publish a notice in Andhra Pradesh Gazette [x x x] specifying the terms and conditions of appointment of agents and inviting applications therefor. Copies of the said notice shall also be affixed on the notice boards at the Offices of all the Divisional Forest Officers in the specified area for information of the public and the particulars as to the date, page of the Andhra Pradesh Gazette in which the notice is published shall be published in an English daily (Newspaper) and in atleast one daily in each of the local languages, namely Telugu and Urdu as may be specified by the Government.

(2) A separate application for appointment of an agent for each unit shall be made in Form A";

(3) A fee of Rs. 10 shall be paid either in cash or through a treasury challan to the Divisional Forest Officer in respect of each application for appointment of an agent and the fee so paid is not refundable.

(4)

(a) Every such application shall be accompained by a Treasury Challan or receipt showing a cash deposit by the applicant of rupees five hundred, made under the head of account, "Revenue Deposits" in favour of the Divisional Forest Officer or by a demand draft for the same sum on State Bank of India, State Bank of Hyderabad or any Scheduled Bank, in favour of the Divisional Forest Officer, as earnest money.

(b) In addition to the amount of earnest money referred to in clause (a) the applicant shall by way of additional earnest money either deposit in cash an additional sum of rupees five hundred or furnish a surety bond of an independent surety holding a solvency certificate for rupees five hundred which has been issued not earlier than six months in form. The solvency certificate issued by a competent authority in any State other than the State of Andhra Pradesh may however be in the form approved by the Government of that other State. The surety bond shall be in form 1.

(5) No person shall be allowed to apply on behalf of another person unless he holds a power of attorney executed before and authenticated by the Registrar or Sub Registrar within whose district or sub district, a principal resides from such other person empowering to act on his behalf. A copy of such power of attorney shall accompany the application and the original thereof shall be produced before the Divisional Forest Officer on demand by him.

(6) The application for appointment of an agent duly completed in all respects shall be submitted to the Government before such date and in such manner as may be specified in the notice published under sub rule (1).

(7) No applicant shall withdraw his application, except with the permission of the Government. If any applicant withdraws his application without such permission the earnest money deposited by him under clause (a) of sub rule (4) and the amount of additional earnest money, if any, deposited in cash under clause (b) of sub rule (4) shall be forfeited and the bond if furnished under that clause shall be enforced.

(8)

(a) The Government may accept the application or reject it without assigning any reasons therefor. The earnest money shall be refunded to the applicant whose application is rejected and the surety bond, if any, shall stand cancelled. The amount deposited under sub rule (4) by the applicant on his appointment as an agent shall, subject to the provisions of sub rule (10), be adjusted against the security deposit required to be deposited under sub rule (11).

(b) The order of appointment as an agent or any other communication addressed to the agent shall either be delivered to him in person or be forwarded to him by registered post to the address furnished by the agent in item 3 of his application for appointment as an agent and it shall be the responsibility of the agent to make his own arrangements to receive all communications sent to the said address.

(9) Where, in the opinion of the Government, it is not possible to select a suitable agent for any unit from amongst the applicants for appointment as agent, or where an appointment of an agent is terminated and it is considered necessary to make a fresh appointment immediately in the interest of the trade in abnus leaves or where there are no applications for appointment of an agent for any unit, the Government may appoint any person as agent who, in their opinion, is suitable for such appointment.

(10)

(a) Every person on his appointment as an agent shall execute an agreement in Form 2 within 15 days from the date of desptach of the order by registered post. Where any such person fails to so execute the agreement, his appointment shall be liable for cancellation without any further notice and on such cancellation:

(i) the earnest money and the additional earnest money deposited by him under sub rule (4) shall be forfeited, and the bond, if any furnished under clause (b) of that sub rule shall be enforced; and

(ii) He shall pay the loss, if any, incurred by the Government, as a result of the cancellation of the appointment. The loss shall be calculated according to the formula L=D x R where:- 'L' is loss to the Government; 'D' is the difference between the number of standard bags which have been specified in the notice published under sub rule (1) for the units and the numbers of standard bags which may be subsequently collected and delivered from the unit, and 'R' is a royalty per standard bag which shall be the rate per standard bag at which the abnus leaves of the unit are sold or otherwise disposed of minus cost of collection, handling and pruning charges and remuneration fixed for the unit in the notice issued under sub rule (1).

(b) For any breach of the terms and conditions of the agreement detailed in the notice published under sub rule (1) on the part of the agent, the Government shall be at liberty to terminate the agreement or to levy penalty and assess the damages specified in the agreement without issuing any further notice to the agent. On the termination of the agreement, the Government shall be entitled (a) to forfeit the security deposit in full (b) to deem the collection and or purchase of abnus leaves to have been stopped by the agent on the date of termination of the agreement and to recover the damages for short collection as fixed under the agreement; (c) to recover the cost of collection and purchase of abnus leaves rejected by the Government as unsuitable for beedi making; (d) to recover the compensation fixed by the competent authority to be paid to the aggrieved person or persons because of the improper rejection of abnus leaves by the agent; and (e) to recover penalties imposed and damages assessed earlier but not paid by the agent by the date of termination of the agreement".

(11)

(a) Every agent appointed under this rule for any unit or units shall before executing the agreement, deposit as security for the proper execution and performance of the agency, a sum to be calculated according to the following formula:-

BR

.S---------------------

20

Where:

(i) 'S' is the security deposit;

(ii) 'B' is the number of standard bags of abnus leaves mentioned against the unit in the notice issued under sub rule (1) of Rule 4:

(iii) 'R' is the royalty per standard bag which shall be the rate at which the abnus leaves of the unit are sold or otherwise disposed of minus cost of collection, handling and pruning charges, and remuneration fixed for the unit in the notice issued under sub rule (1) of Rule 4].

(b) In the event of the agent not being able to deposit the amount of such security, any other person may be allowed to deposit the amount on his behalf subject however, to the condition that the amount so deposited shall, for the purposes of these rules and the agreement, be subject to the same terms and conditions as if such amount had been deposited by the agent himself.

(c) The security deposit shall be either in the form of a treasury challan for the amount credited in the Government treasury under the head "Revenue Deposit" or in the form of a bank draft or post office savings bank account pledged in the name of the Divisional Forest Officer or in the form of a bank guarantee bond in Form 3 issued by any Scheduled Bank in favour of Divisional Forest Officer.

(d)

(i) All amounts payable by the agent under the agreement detailed in the notice published under sub rule (1) shall be paid by the agent within fifteen days from the date of despatch of the order by registered post.

(ii) If the agent fails to pay the amount, the same shall be recovered from the security deposit and such recovery shall be made good by the agent depositing equivalent amount within fifteen days of the despatch of the notice by registered post regarding such adjustment from the security deposit.

(e) If the dues to be recovered from any agent exceeds the amount of the security deposit, then unless the amount in excess is made good within the period referred to in clause (d) the same shall be recovered in the manner provided for in the agreement.

(f) The security deposit or the balance, as the case may be, shall be refunded to the agent or to the person who has been allowed to deposit it under clause (b) on behalf of the agent, after the Divisional Forest Officer is satisfied that the agent has satisfactorily performed his duties and obligation in accordance with the terms and conditions of his agreement and the provisions of these rules, and that no amount whatsoever is due from him.

(g) In addition to security deposit mentioned in clause (a) of this sub rule, the agent shall before the date of the execution of the agreement furnish a certificate of personal solvency or a surety bond of an independent surety holding such certificate, equal to twice the cash security provided for by said clause (a).

(12)

(a) Unless otherwise directed by the Government, the agent shall purchase abnus leaves from persons mentioned in item (b) of sub clause (ii) of sub section (4) of Section 2 and collect abnus leaves from Government lands at the depot or depots set up in accordance with the terms and conditions of the agreement entered into by the agent under these rules. The Government may, from time to time, give him appropriate directions in this behalf, not inconsistent with the provisions of the Ordinance, these rules and the said agreement.

(b) The agent shall also, if so required do pruning of the abnus plants within the unit only in accordance with the instructions issued to him by the Divisional Forest Officer concerned in this behalf.

(c) The agent shall not slacken or stop the work of purchase and collection in any of the depots within the unit except under in accordance with the prior orders in writing of the Divisional Forest Officer or an officer authorised by him in this behalf.

(13) Subject to any orders of the Divisional Forest Officers in writing directing the agent to withhold the delivery to the purchaser or to deliver to any other person, any specified quantity of abnus leaves from specified depots the agent shall deliver immediately and in the manner directed by the Divisional Forest Officer abnus leaves purchased or collected by him to the purchaser: Provided that no such delivery shall be made unless the agent has ensured that necessary payment had been made for the abnus leaves to be so delivered.

(14) The agent shall maintain such accounts and submit such returns as may be directed by the Government. Such accounts shall be submitted to the Divisional Forest Officer or to any other officer authorised by him in this behalf for check or inspection and certification.

(15) Nothing in the foregoing provisions shall be construed to confer on the agent the exclusive right to purchase and collect abnus leaves in the unit for which he is appointed as an agent and the Government shall have the right to purchase and collect abnus leaves in the unit through any authorised officer.

(16) The agent may, if he so desires, employ any person or persons to help him to carry out his duties provided that prior approval of the Divisional Forest Officer is obtained for such employment, after furnishing the specimen signatures of the persons to be so employed and the agent shall be responsible for the omissions and commissions of all the persons so employed.

Rule 4 Transport Permits

(1) Every person desiring to transport abnus leaves whether for use within the State or for sale outside the State shall make an application in Form C to the Divisional Forest Officer or any Officer authorised by him in that behalf (hereinafter referred to as "the permit officer".)

(2) On receipt of an application under sub rule (1) the permit officer may make such enquiries as he may deem necessary and if he is satisfied that there is no objection to grant the permit applied for, he may issue to the applicant any one or more of the following permits namely:

(a) for transport of abnus leaves from any depot set up in any unit under Section 8 to a storage godown of the manufacturer or exporter within or outside the unit.

(i) a permit in form T.P.I (Main) if the quantity is to be transported in only one consignment, or

(ii) a permit in Form T.P.I. (Main) and permit or permits in Form T.P.I. (Subsidiary) if the quantity permitted under Form T.P.I. (Main) is to be transported in more than one consignment; and it shall be incumbent on the applicant to render account of Form T.P.I. (Subsidiary) permits granted to him with reference to Form T.P.I. (Main) permit issued by the permit officer.

(b) for transport of abnus leaves from one storage godown to another storage godown a permit or permits in Form T.P.II.

(c) for transport of abnus leaves from storage godown either to main distribution centre or for export, a permit in T.P. III. Provided that, if the permit officer has reason to believe that the abnus leaves, in respect of which the application for transport permit has been made, have not been purchased from the Government or the authorised officer or agent, he may, after giving the applicant an opportunity of making his representation, reject such application by an order in writing after recording his reasons therefor.

(3) Notwithstanding anything contained in sub rule (2), the Divisional Forest Officer may authorise any person, not being a forest officer, to issue permits in Form T.P.I. (Subsidiary) and T.P.II and may for good and sufficient reasons cancel such authorisation to issue the permits.

(4) All transport permits of abnus leaves shall be subject to the following conditions, namely:

(a) Each consignment of abnus leaves during movement by any mode of transport, that is to say, by road, water, air or rail, shall be accompanied by an appropriate permit;

(b) The abnus leaves shall be transported only by the route specified in the permit. [ x x x ]

(c) The permit shall be for such quanity and for such period as may be specified therein;

(d) Any forest officer not below the rank of a Range Officer, having jurisdiction over the place, may in case of grave emergency, such as breakdown of a vehicle carrying abnus leaves, extend the period of validity of the permit for a period not exceeding two days by an endorsement on the permit under his signature with date, designation and the headquarters clearly indicated thereon and intimate the fact forthwith to the permit officer concerned.

(e) The permit shall be considered invalid if there is any doubt as to its genuineness by reason of containing any erasure, over writing, alteration, or omission of filling any columns thereof.

(f) The permit shall be liable to be cancelled by the Divisional Forest Officer if he has reason to believe that it has been misused or is likely to be misused.

(g) All permits, after transporting abnus leaves or after the expiry of the period mentioned therein, whichever is earlier, shall be returned within a fortnight therefrom to the Divisional Forest Officer that issued the permits or concerned Range Officer.

(h)

(i) Whenever any forest officer or any officer of the Police Department not below the rank of a Sub Inspector or any officer of the Revenue Department not below the rank of Dy. Tahsildar requires any boat, vehicle or receptacle used or intended to be used for transport of abnus leaves, to stop the driver of the boat or vehicle for the carrier of the receptacle shall stop the same and take the vehicle, boat or receptacle so stopped to the nearest office of the Forest Department or to the police station or the Village Officer or the magistrate having jurisdiction, as the officer stopping the vehicle may direct, for search; and where the driver or the carrier refuses to do so, the said officer may cause removal of the boat, vehicle or receptacle to any such place by appropriate means;

(ii) No person shall take any abnus leaves on any route or river past any check post or barrier without producing the abnus leaves for check at the check post or barrier, as the case may be:

(iii) The Officer in charge of the check post or barrier shall, after satisfying himself that the abnus leaves so transported is covered by a valid permit in Form T.P. (Main) T.P.I. (Subsidiary) or T.P.II. ; or T.P.III T.P.IV. indicate the fact of checking and time of checking before allowing the boat, vehicle or receptacle to proceed further.

(5) The provisions of sub rules (iii) to (ix) of Rule 4 shall apply mutatis mutandis in respect of issue of permits in Forms T.P.I. (Subsidiary) and T.P.II and the voilation or irregularities committed in relation to those permits.

Rule 4A

(i) Any manufacturer or exporter may sell the cured abnus leaves to the Government in the Division in which he is registered as a manufacturer or exporter, at a rate that may be agreed to between himself and the Government.

(ii) In all such cases, the Divisional Forest Officer concerned shall fix the rate and purchase abnus leaves;

Provided that there is a manufacturer or exporter ready to purchase the stock of abnus leaves so purchased by the Government at a rate which is more than the rate paid by the Government by one rupee per eighty kilograms.

Rule 4B Issue of transport permits and penalty for violation

(i) To cover the transit of abnus leaves from the main distribution centre to any branch thereof or a subsidiary distribution centre in stages, permits in Form T.P. IV shall be issued separately for each stage.

(ii) Permits or permit books of T.P.IV shall be issued by the Divisional Forest Officer in whose jurisdiction the manufacturer has registered himself as such.

(iii) All communications addressed to the manufacturer shall be sent by registered post to the address, furnished by him in the application for registration as manufacturer or shall be served on the person of the manufacturer after obtaining his acknowledgment. It shall be incumbent on the part of the manufacturer to promptly receive all such communications.

(iv) The permits may also be issued by the manufacturer or his authorised agent who has been approved by the Divisional Forest Officer and whose specimen signature is kept in the records of the Divisional Forest Officer who shall have the power to withdraw such approval for good and sufficient reasons.

(v) The manufacturer shall account for the permits given to him by the Divisional Forest Officer to be issued by him or his agent. Each month, the manufacturer shall submit a return to the Divisional Forest Officer, indicating the permits issued by him at various centres and enclosing the duplicates of the same for record in the Divisional Forest Office. The monthly return should reach the Divisional Forest Officer before the close of the first week of the succeeding month.

(vi) If any irregularities are noticed, it shall be open to the Divisional Forest Officer to call for the explanation of the manufacturer and, if the explanation is not received within fifteen days from the date of despatch of notice by Registered post or if the Divisional Forest Officer is not satisfied with the explanation offered, then he shall be competent to impose a penalty upto Rs. 200 for each irregularity in the issue of permits, in addition to recovering the cost of the abnus leaves involved at the prevailing market rate. The manufacturer shall pay the penalty within 7 days from the date of issue of the order by the Divisional Forest Officer.

(vii) Penalty imposed by the Divisional Forest Officer upto Rs. 100 shall be final. For penalties above Rs. 100 an appeal shall lie to the Conservator of Forests concerned whose decision shall be final. The appeal shall be preferred within 15 days from the date of despatch of order by registered post.

(viii) For proper compliance of the rules, the manufacturer shall deposit a sum of Rs. 500 by way of security deposit.

(ix) All cases irregularities booked by the Divisional Forest Officer in whose jurisdiction the permits are actually utilised shall be reported by him to the Divisional Forest Officer in whose jurisdiction the manufacturer has registered and notwithstanding any rules or provisions contained in this regard in the Andhra Pradesh Forest Produce Transit Rules. 1970 and in the Andhra Pradesh Forest Act, 1967, the concerned Divisional Forest Officer shall be competent to compound all such cases. In all such cases the investigation shall be completed by the Divisional Forest Officer and the file shall be transferred to the Divisional Forest Officer concerned for compounding and final disposal.

Rule 4C Import from outside

(i) No person shall bring or cause to bring abnus leaves from outside the State into the State of Andhra Pradesh, unless the consignment is accompanied by a permit issued by the competent authority of the State from which the leaves are to be brought into the State. Provided that such permit is signed by an authorised person whose specimen signature has been registered in the office of the Divisional Forest Officer into whose jurisdiction, the abnus leaves are sought to be brought from the State.

(ii) It shall be open to the Divisional Forest Officer to refuse to register any specimen signature for reasons to be recorded in writing.

(iii) Any person aggrieved by such refusal may prefer an appeal to the concerned Conservator of Forests within 15 days from the date of despatch of such order by registered post.

(iv) On being brought from outside the State of Andhra Pradesh the rules that apply to the abnus leaves grown in the State shall also apply to the abnus leaves brought from outside the State.

Rule 5 Manner of transacting the business of the committee

(1) The Government may while notifying under Section 6, the names of the members of each Advisory Committee, appoint one member as the Chairman and another as the Convenor of the Committee.

(2) Every meeting of the committee shall be presided over by the Chairman, and in his absence, by the Convenor. If both the Chairman and the Convenor are absent, the members present shall elect one of the members to preside thereat.

(3) The Chairman of the committee shall fix the date, time and place of the meeting. Notice of the meeting of not less than seven days in case of ordinary meeting and not less then three days in case of an emergent meeting, shall be given to all the members of the committee.

(4) Four members of the Committee shall constitute the quorum.

(5) The proceedings of the meeting shall be drawn up immediately after the close of the meeting, and shall be authenticated by the signatures of the members present at such meeting.

(6) The Committee advice shall conveyed to Government through the proceedings of the meetings which shall be sent so as to reach the Secretary to the Government incharge of the Forest Department before the expiry of the period specified by the Government under sub section (5) of Section 6, or within the further period extended by the Government under proviso to Section 7. The request for extension of period on behalf of the committee shall be made well in advance by the Convenor.

(7)

(a) The non official members of the committee shall be entitled to draw travelling and daily allowance as admissible to a Grade I Officer of the Government.

(b) The travelling allowance bills shall be presented to the Convenor who shall after scrutiny thereof countersign the bills, and disburse the allowances.

Rule 6 Manner of publication of price lists under Section 7

The price fixed in respect of abnus leaves under Section 7 shall be published also in such daily newspapers having circulation in the locality as the Government may consider appropriate.

Rule 7 Procedure for holding enquiry of appeals under Section 9

(1) On receipt of an appeal against the orders of refusal to purchase the abnus leaves by the authorised officer or agent under sub section (1) of Section 9, the officer holding the inquiry shall, as soon as possible, intimate the appellant the place, date and time fixed for holding such inquiry.

(2) On the date fixed or any subsequent date to which the inquiry may be adjourned, the inquiry officer shall, after hearing the appellant or his duly authorised representative who may appear before the inquiry officer and making such further inquiry as he may deem necessary, pass such orders, in terms of sub section (3) of Section 9 as he may consider fit.

(3) If the appellant does not appear either personally or through his duly authorised representative, the inquiry officer shall take decision exparte after making such inquiry as he may deem necessary.

Provided that, if the inquiry officer is satisfied that the non appearance of the appellant was on sufficient cause, he may, after such further inquiry, as he may deem fit, pass suitable order in supersession of the exparte orders.

(4) Any compensation ordered to be paid as a result of the enquiry or any collection charges so ordered to be paid, under sub section (3) or sub section (4) of Section 9, shall be paid to the person concerned within one month from the date of despatch of orders by registered post.

Rule 7A Officers Competent to give directions to agent

The Divisional Forest Officer, the Sub Divisional Forest Officer, and the Assistant Conservator of Forests having jurisdiction over the unit only shall issue directions to the agent regarding the number and the place at which the depots are to be set up.

Rule 8 Registration of Growers

(1) Every grower of abnus leaves shall, if the quanity of leaves grown by him in a season is likely to exceed one standard bag, get himself registered under Section 10.

(2) An application for registration as a grower shall be in Form and be presented to the Range Officer within whose jurisdiction, the grower land is situate by 31st December preceding the season and the application received thereafter shall not be considered for that season. Separate applications shall be made for each village and by each pattadar. The Range Officer, shall after due verification forward the application to the Divisional Forest Officer Sub Divisional Forest Officer or Assistant Conservator of Forests, who after making such enquiry as he may deem necessary may grant a certificate in Form E or reject the application after recording the reasons therefor by 1st March preceding the season. An appeal against the order of rejection of the Divisional Forest Officer or Sub Divisional Forest Officer or Assistant Conservator of Forests may be preferred within fifteen days from the date of despatch of the order by registered post, to the Conservator of Forests concerned whose decision thereon shall be final.

(3) The certificate of registration shall be valid for three years from the date of issue or till such time as it is cancelled by the Divisional Forest Officer or Sub Divisional Forest Officer or Assistant Conservator of Forests for reasons to be recorded by him in writing, or till the time the applicant is in possession of the land in respect of which the certificate of registration has been obtained, whichever is earlier.

(4) If the certificate is lost,destroyed or multilated, a certified copy thereof may be obtained from the Divisional Forest Officer on payment of rupee one.

(4A). Raw leaves made into standard bundles shall be offered for sale on the same day on which they are collected from the abnus plants.

(5) Every grower shall produce the certificate of registration before the authorised officer or agent purchasing the abnus leaves whenever he offers abnus leaves for sale under sub section (3) of Section 5 and it shall be incumbent upon the authorised officer or the agent purchasing the abnus leaves to make an entry on the back of the certificate showing the date of purchase, the quantity purchased and the amount paid.

(6) [x x x] Every grower of abnus leaves holding a certificate of registration shall furnish, not later than the 15th day of July each year, information as to the total quantity of abnus leaves in standard bags collected by him and their disposal during the plucking season ending on the 30th day of June, in such manner as the Government may direct. In the event of failure to submit the said information on or before the aforesaid date, the certificate of registration shall stand cancelled in addition to being liable to the penalty provided for under the Act.

(7) If any grower wishes to cure the abnus leaves grown and collected by him so as to make use of them for himself he shall intimate his intention to do so to the Divisional Forest Officer before 31st December, preceding the season of collection. He shall also furnish every day immediately after the close of the day collection, the particulars, as to the day collection in standard bundles to the Divisional Forest Officer.

Rule 9 Registration of manufacturers of beedies and exporters of abnus leaves

(1) Every manufacturer of beedies and every exporter of abnus leaves shall get himself registered under Section 11 forest starting the manufacture or export, as the case may be, in the manner hereinafter provided on payment of a registration fee of fifty rupees.

(2) An application for registration [x x x x] shall be in Form F and be presented to the Divisional Forest Officer within whose jurisdiction the manufacturer of beedies or the exporter of abnus leaves resides or the principal place of his business is situated. If the applicant resides outside the state, he may submit his application to any Divisional Forest Officer within the State. The application shall specify the calendar year for which registration is required, and shall be accompained by evidence of payment of the registration fee. The Divisional Forest officer may, after making such enquiry as he deems necessary, grant a certificate of registration in Form G or reject the application, after recording the reasons therefor. An appeal against the orders of rejection of the Divisional Forest Officer shall lie to the Conservator concerned, within one month from the date of despatch by registered post of the order rejecting the application.

(3) The registration shall be valid for the calendar year for which the certificate of registration is issued.

(4) Every registered manufacturer of beedies or exporter of abnus leaves shall keep the stock of abnus leaves in the godown notified to the Divisional Forest Officer before hand. He shall maintain accounts of abnus leaves in Form H for each godown. He shall submit to the Divisional Forest Officer the half yearly returns of stocks of abnus leaves in Form I as on 31st March and the 30th September not later than one month from those dates;

(5) If a certificate is lost, destroyed or mutilated, a certified copy thereof may be obtained from the Divisional Forest Officer on payment of rupees five for each copy thereof.

(6)

(a) Where any manufacturer of beedies or exporter of abnus leaves has committed any breach of these rules, or has been prosecuted under Section 15 and found guilty, the certificate of registration granted to him shall be liable to be cancelled by the Divisional Forest Officer.

Provided that, before the certificate of registration is cancelled on the ground of breach of any rule, the manufacturer or exporter concerned shall be given an opportunity of making his representation.

(b) An appeal from the order of cancellation of certificate of registration issued by the Divisional Forest Officer shall lie to the Conservator of Forests concerned within three months from the date of despatch of such order by registered post to the manufacturer or exporter concerned:

Rule 10

[x x x x x ]

Rule 11

The Andhra Pradesh Forest Offences (Compounding and Prosecution) Rules, 1969 shall, as far as may be, apply to the compounding of, and prosecution for, the offences under the Act.

APPENDIX A FORM A

FORM

FORM A

See Rule 3(2) of Andhra Pradesh Minor Forest Produce (Regulation of Trade in Abnus Leaves) Rules, 1970

Application for Appointment of Agent

1. Applicant name and his father name in full (in case of firm, give names of partners and of persons holding power of attorney to act on behalf of the Firm)

2. Profession

3. Full address

4. Place or places of business

5. Previous experience about agency or trade if any in Abnus leaves and the area or areas of operation.

6. The quantity of Abnus leaves collected and traded in during the last 3 years (to be shown separately for each year for such area of operation)

7. Financial status with details of personal property, annual payment of income tax and any other relevant evidence regarding financial status.

8. Unit for which agency is applied for

9. Evidence of payment of application fee of Rs.10

10. Evidence of payment of Earnest Money Deposit of Rs. 500 under Rule 3(4)(a)

11. Evidence of payment of Rs. 500 or surety bond under Rule 3(4)(b).

DECLARATION

I/We hereby declare that I We have read and understood all the provisions of the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Ordinance, 1970 and the rules thereunder and the conditions of Agency mentioned in the notice, for the appointment of agent and I We agree to abide by the same.

If I/We am are appointed as an Agent for the Unit mentioned above, I/We undertake to purchase from growers and collect from Government lands, and deliver a quanity of abnus leaves on both counts, which shall not be less than the number of standard bags as mentioned in the notice, that is to say standared bags. I We shall execute the agreement with the Government of Andhra Pradesh in the form prescribed under the Andhra Pradesh Minor Forest Produce (Regulation of Trade in Abnus Leaves) Rules, 1970 within 15 days from the date of despatch of the order of appointment by registered post.

I/We further hereby declare:

(i) that I We have not been black listed;

(ii) that I We owe no dues to the Forest Department.

(iii) that I We am are not minor s:

(iv) that I We have not been convicted at any time in any court of law for moral turpitude: and

(v) that I We have not been declared insolvent/s.

Place:

Date:

Signature of the applicant.

APPENDIX B FORM B

FORM

FROM B

[See Rule 3 (4) (b)]

Form of solvency Certificate

Certified that I have examined the Solvency of the applicant Sri/ Smt. Son/Wife resident of village Taluk with reference to the immovable properties standing in his her own name and possession and enjoyment over which he she has independent salable right and I have satisfied myself that the applicant is solvent for Rs (in words) after taking into consideration his her liabilities on this day and they are free from encumbrances.

Signature of Tahsildar or Deputy

Tahsildar in independent charge.

Date:

Office seal:

Details of Immovable property Owned by the Applicant in his her Name

1. District.

2. Taluk.

3. Village.

4. Survey number or house number.

5. Area.

6. Wet or dry

7. Land Revenue Assessment.

8. In the case of a house, ward number and name of village panchayat or municipality and also house tax.

9. In whose name the property stands according to Revenue Accounts or Panchayat or Municipality Accounts.

10. What are the total liabilities of the applicant on this day.

(Countersigned)

Revenue Inspector,

Signature of Village Officer

Tahsildar.

Countersigned,

APPENDIX B1 FORM B1

FORM

FORM B1

[See Rule 3 (4) (b)]

Surety Bond

1. Surety Bond executed this day of by Sri Son of Sri resident of for and on behalf of Sri son of Sri resident of

2. Whereas Sri Son of Sri resident of has submitted his application for appointment as agent for Unit Noof Range Division Circle of Andhra Pradesh forthe collection and purchase of abnus leaves on behalf of the Government for the abnus leaves seasonunder the terms and conditions of the notice published in the Andhra Pradesh Gazette, Part II Extraordinary Nodated Reference No of dated

3. Where as according to the terms and conditions of the said notice Srihas to produce a solvency certificate for Rs .(Rupeesonly) by way of additional earnest, money deposit

4. I hereby stand surety to the Government (as represented by the Divisional Forest Officer) for and on behalf of Sri and agree and undertake to pay Rs (Rupees only) to the Government as and when the payment of amount is called for by the Divisional Forest Officer for the breach of the terms and conditions of the application for appointment of agent or mentioned in para 2, on the part of Sri. I hereby produce the solvency certificate issued by the Tahsildar on for Rs in my name. I hereby agree that the amount payable by me to the Government under this Surety Bond shall be recoverable from me as arrears of Land revenue.

Signature:

Place:

Date:

Witnesses:

 (1)

 (2)

APPENDIX B2 FORM B2

FORM

FORM B2

[See Rule 3(10)]

Form of Agreement to be Executed by the Agent

This agreement made this day of between the Divisional Forest Officer Division on behalf of the Governor of Andhra Pradesh, hereinafter referred to as the Government. (which expression shall, unless the context does not so admit include his successors and representatives of the one part, and Sri son of residing at village town post Districtand carrying on business in partnership with in the firm of the name and style of a company registered or deemed to be registered under the Indian Companies Act, 1956, and having its registered office ata society registered or deemed to be registered under the Andhra Pradesh Co operative Societies Act, 1964, and having its registered office at hereinafter referred to as "the agent" (which expression shall unless the context does not so admit includes his heirs, executors and administrators the survivor or survivors of them the heirs, executors and administrators of the last survivor, the partner for the time being of the said firm its successors) on the other part.

Whereas trading in abnus leaves in the State of Andhra Pradesh is regulated by the provisions of the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971 (herein after referred to as "the said Act") and the Andhra Pradesh Minor Forest Produce (Regulation of Trade in abnus leaves) Rules, 1970 made under the said Act or any statutory modifications thereof (hereinafter referred to as "said Rules")

And whereas, being desirous of appointing agents on behalf of the Government in respect of the different units constituted under the said Act for purpose of collection and purchase of and trade in Abnus leaves Government invited applications for such appointment.

And whereas, the competent authority has accepted the application made by the agent and has agreed to appoint the agent as Agent for Unit No. Name in Forest Rangein Forest Division in Forest Circle for the period from the day of to the 30th day of June on the terms and conditions hereinafter appearing.

Now these presents witness and it is hereby agreed and declared by and between the parties hereto as follows:

1. The Government hereby appoints Shrias its agent and Shri hereby agrees to act as the agent of the Government for purpose mentioned herein in respect of Unit Number Name in the Forest Division which is more fully described in the First Schedule hereunder written and shown in the map annexed hereto (hereinafter referred to as the Unit).

2. This agreement shall remain in force from the date of agreement upto 30th June unless terminated earlier by the Divisional Forest Officer in accordance with the terms and conditions of these presents.

3. The notice inviting applications for appointment as agents (which terms shall include the terms and conditions of application given therein), the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971 and the Andhra Pradesh Minor Forest Produce (Regulation of Trade in Abnus leave) Rules 1970, as amended from time to time and as in force on the date of this agreement shall from part and parcel of and be deemed to have been incorporated in these presents.

4. (i) The agent shall in all transactions done by him in relation to this agreement act for and on behalf of the Government.

(ii)All costs and or expenses which the agent shall, under these presents be required to meet and or incur, shall be met by him out of the initial imprest money placed at his disposal and amounts thereafter advanced to him in accordance with the terms and conditions of this agreement.

(iii) The dispensations made by him, for and on behalf of the Government shall be adjusted at the time of the periodical and or final taking of account in accordance with these presents.

5. Functions of the agent:- (i) Pruning : (a) The agent shall do pruning of abnus plants in the unit only in accordance with the instructions issued to him by the Divisional Forest Officer concerned in this behalf.

(b) The agent shall not coppice trees above 23 cm. in girth] at stamp height.

(c) The agent shall not do coppicing after 16th April.

(ii) Setting up of depots:- The agents shall set up collection depots, by such dates in such manner and at such places as may be specified by the Divisional Forest Officer, his Sub Divisional Forest Officer or Assistant Conservator of Forests from time to time for the purpose of collection and or purchase of abnus leaves by him (agent) in the Unit.

(iii) Display of rates and hours of business:- The agent shall prominently display at each collection depot on a notice board kept for this purpose, in the language of the locality, the rate of collection of abnus leaves and the rate of purchase of abnus leaves as specified in Second and Third schedules appended hereto. The hours of business shall also be prominently displayed on the notice board.

(iv) Leaves fit for beedi making to be collected:- The agent shall purchase from the grower and or collect from the Government lands only such abnus leaves as are fit for manufacture of beedies.

(v) Abnus leaves to be plucked by hand:- The agent shall get the abnus leaves plucked by hand and no axe or other instrument shall be used in the process of collection, while collecting leaves no brances shall be broken or lopped.

(vi) Collection:- The agent shall collect the abnus leaves from the Government lands situated in the unit. The collection of abnus leaves shall be made only on immediate payment of the cost of collection at the rate specified in Second Schedule appended hereto to the labourers.

(vii) Purchase:- The agent shall purchase abnus leaves collected by the registered growers from their holdings and presented for sale at the depot. The agent shall pay immediately the purchase cost at the rate fixed by the Government as displayed on the notice board. The agent shall insist on the growers producing the certificate of registration and shall make entry on the back of the certificate showing the date of purchase, quantity purchased and the amount paid.

(viii) Bundles to be purchased or collected:- The agent shall purchase and or collect abnus leaves only in bundles containing one hundred leaves within a margin of 10 on either side.

(ix) No slackening or stopping of Collection:- The agent shall start collection and purchase of abnus leaves immediately on the setting up of the depots and shall not stop or slacked the collection and or purchase except with the prior permission in writing in that behalf, of the Divisional Forest Officer.

(x) Number of standard bags of abnus leaves to be collected:- The agent shall collect and or purchase standard bags or abnus leaves by 31st May or by such other earlier date as may be announced by the Conservator of Forests, State Trading Circle, Hyderabad in this behalf during the month of May of the relevant year after taking into consideration the monsoon conditions.

(xi) Agent responsible for storage etc., of abnus leaves till delivery:- The abnus leaves purchased and or collected by the agent shall be held by the agent for and on behalf of the Government till they are delivered to the purchaser or such other person, as may be directed by the Divisional Forest Officer. The agent shall be responsible for the safe custody of storage and handling of the abnus leaves while they are under his custody.

(xii) Delivery of leaves to the purchaser:- The agent shall deliver the abnus leaves purchased and or collected by him immediately after purchase or collection as the case may be, to the purchaser in such method as may be directed by the Divisional Forest Officer, provided that no such delivery shall be made unless the agent has ensured that necessary payment has been made for the abnus leaves to be so delivered.

(xiii) Curing etc., of the Leaves:- If the leaves collected and or purchased are not taken delivery of by the purchaser and if the abnus leaves are likely to deteriorate and become not fit for the manufacture of beedies., the agent shall carry out the operations of curing and bagging in such a manner that the abnus leaves continue to be fit for the manufacture of beedies. The agent shall also take such measures as are necessary for the protection and safe custody of the abnus leaves till they are delivered to the purchaser or such other person, as may be directed by the Divisional Forest Officer.

(xiv) Accounts of abnus leaves:- The agent shall maintain accounts of abnus leaves in such registers and, in such forms, as may be prescribed by the Conservator of Forests, State Trading Circle.

(xv) Returns regarding abnus leaves:- The agent shall submit to the Divisional Forest Officer or such officer as may be authorised by the Divisional Forest Officer such returns regarding abnus leaves at such intervals as delivered in the fifth Schedule appended here to.

(xvi) Interest on unadjusted advances :- I nterest shall be paid by the agent in the rate prescribed by the Government every year in respect of advances made by the Government, which remain unadjusted and due on 30th June. If the defaulting period is fifteen days or less, interest shall be paid for half a month and if it is more than fifteen days but less than thirty days, interest shall be paid for the whole month.]

(xvii) Cash accounts:- The gent shall maintain cash accounts of the amounts advanced to him from time to time, in such registers and in such forms, as may be prescribed by the Conservator of Forests, State Trading Circle.

(xviii) Returns regarding cash accounts:- The agent shall submit to the Divisional Forest Officer or to such other officer as may be authorised by the Divisional Forest Officer such returns of cash accounts at such intervals as may from time to time be prescribed by the Conservator of Forests, State Trading Circle.

(xix) Further accounts and returns:- The agent shall maintain such further returns as may be directed by the Divisional Forest Officer.

(xx) Agent to give facilities for inspection:- The agent shall give all facilities to the Divisional Forest Officer or any officer authorised by him for the inspection of the stocks and accounts of abnus leaves kept by the agent at the collection depots or storage godowns. The agent shall give also all facilities to the Divisional Forest Officer or any officer authorised by him for the inspection of the cash accounts kept by the agent.

6. Responsibilities of the Agent: - (i) The agent shall abide by the provisions of Andhra Pradesh Forest Act, 1967, and the Rules made thereunder and also by the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971, and the Rules made thereunder and the Regulations and orders issued from time to time. The agent shall perform all acts and duties required to be done by him and abstain from doing any act by himself, and or his servants for bidden by any of the provisions of the said Acts and the Rules and the Regulations and orders issued from time to time in so far as they are applicable in the context of this agreement.

(ii) In the event of the agent becoming aware of breach, by any person whosoever, of any of the aforesaid Acts, Rules, Regulations and orders he shall forthwith report the fact of such breach to the nearest Forest Officer and use his best endeavours to discover the whereabouts of person and render all reasonable assistance assisting such person and in procuring his conviction by the appropriate authorities.

(iii) The agent shall respect all rights lawfully vested in private persons relating to access to the forest and to the appropriation of forest produce.

(iv) The agent shall not employ any person to help him or to carry out his duties under this agreement without obtaining prior consent in writing of the Divisional Forest Officer for such appointment. While applying for permission to employ persons, the agent shall forward to the Divisional Forest Officer, specimen signature of such persons duly countersigned by him. If so required in writing by the Divisional Forest Officer or the Range Officer having jurisdiction over the unit, the agent shall provide his servants, with badges or signed warrants or other devices approved by the Divisional Forest Officer, whereby they can be easily identified.

(v) The agent shall not cause any damage to the forest either by himself or by his servants.

7. Remuneration to the Agent:- In consideration of the agent agreeing to act for and on behalf of the Government and to carry out the functions and responsibilities herein specified, on the terms and conditions herein contained, the agent shall be paid remuneration of Rs. 3/- (Rupees there only) for every standard bag of abnus leaves collected and or purchased and delivered to the purchaser by him upto the number of bags specified in condition 5(x). The agent, however, shall be entitled to an additional remuneration at the rate of Re 1/- (Rupee one only) for every standard bag of abnus leaves collected and or purchased and delivered to the purchaser, in excess of the number of the bags mentioned in condition 5 (x).

8. Costs and expenses:- (i) The cost and expenses incurred by the agent on account of pruning, handling, storage, safe custody, curing, bagging, and protection specified in the Fourth Schedule appended hereto shall be as per the rates per standard bag specified in the same Schedule.

(ii) The agent shall not, however, be entitled to any remuneration as per condition 7 or handling charges as per condition 8(i) for the excess assessed stocks or short accounted bundles detected by the forest officers.

9. Control:- (i) (a) The Divisional Forest Officer, Sub divisional Forest Officer, Assistant Conservator of Forests, and the Range Officers, having jurisdiction over the unit, shall be competent to reject the abnus leaves collected and or purchased by the agent as not suitable for beedi making and their decisions shall be final.

(b) The agent shall not be paid any remuneration and or costs, expenses, for the abnus leaves so rejected.

(c) The cost of collection or purchase incurred by the agent for the abnus leaves so rejected shall be paid back to the Government by the agent within fifteen days from the date of despatch of order by the competent authority, by registered post rejecting the abnus leaves.

(ii) Improper rejections:- In the event of the competent authority deciding that the rejections, made by the agent in the collection and or purchase of abnus leaves under sub sections (1) and (4) of Section 9 of the Act are irregular, the agent shall pay the cost of collection and or purchase of abnus leaves. If the leaves are held to have become unfit for beedi making, the agent shall pay the compensation as may be fixed by the competent authority to be paid to the aggrieved person. If the agent fails to pay the amounts as ordered by the competent authority and produce the receipts before the Range Officers concerned within fifteen days from the date of despatch of such order by registered post, the amounts shall be advanced from the security deposit.

(iii) The agent shall be responsible for any damage that may be done to the forest by himself or his servants or agents. The compensation for such damages shall be assessed by the Divisional Forest Officer whose decision shall be deemed to be that of an arbitrator and shall be final and binding on the parties.

(iv) The agent shall be responsible for collecting and or purchasing of abnus leaves upto the quantity fixed for the unit under condition 5(x) However, if during the subsistence of this agreement, any officer authorised by the Divisional Forest Officer, in this behalf, undertakes the purchase and or collection of abnus leaves in the unit, otherwise than on account of any default on the part of agent, to follow and observe the provisions of these presents, the quantity of abnus leaves collected and or purchased by such officer shall be deducted from the number of bags fixed for the unit.

(v) For any short collection of abnus leaves as against the number of standard bags for the unit under condition 5(x), the agent shall pay, as damages, an amount calculated at such rate per standard bag short collected, as may be fixed by the Divisional Forest Officer, subject to a maximum of Rs 20 per standard bag short collected. An appeal against the orders of the Divisional Forest Officer fixing the damages for short collection, shall lie to the Conservator of Forests concerned, provided that it shall be preferred within twenty days from the date of despatch of orders by the Divisional Forest Officer by registered post.

(vi) For any breach of the terms and conditions of these presents on the part of the agent, the Divisional Forest Officer, shall be at liberty to terminate this agreement without issuing any further notice to the agent.

(vii) The notice of termination of agreement shall be delivered to the person of the agent or sent to him by registered post to the address furnished by him in the application. The termination shall be effective from the date of despatch of the order.

(viii) On the termination of the agreement, the Government shall be entitled:

(a) To forfeit the security deposit in full.

(b) To deem the collection and or purchase of abnus leaves to have been stopped by the agent on the date of termination of the contract and to recover the damages for short collection as fixed under condition 9(v).

(c) To recover the cost of collection and or purchase of abnus leaves rejected by the Divisional Forest Officer as unsuitable for beedi making.

(d) To recover the compensation fixed by the competent authority to be paid to the aggrieved person or persons because of the improper rejection of abnus leaves by the agent;and

(e) To recover penalities imposed and damages assessed earlier but not yet paid by the agent by the date of termination of the agreement.

(ix) If the agent commits any breach of the terms and conditions of this agreement and if it is not proposed to terminate this agreement on account of such breach, the Divisional Forest Officer may impose a penalty not exceeding Rs. 500 (Rupees five hundred only) for each such breach, as may be deemed fit. Collection depot or khalla shall be the unit for computing any breach of the terms and conditions. If the penalty so levied exceeds Rs. 200 (Rupees two hundred only) for any breach an appeal against the order of the Divisional Forest Officer shall lie to the Conservator of Forests concerned whose decision shall be final. However, the appeal should be preferred within twenty days of the despatch of the order imposing the penalty by registered post.

(x) (a) As a security for the due observance and performance by the agent of all terms and conditions contained in this agreement in so far as the same are to be observed and performed by the agent, the agent shall deposit, before signing the agreement, as security Deposit, a sum of amount calculated in accordance with the formula prescribed in sub rule (11) (a) of Rule 3 of the said Rules.

(b) In the event of the agent not being able to deposit the amount of such security, any other person may be allowed to deposit the said amount on his behalf subject, however, to the condition that the amount so deposited shall, for the purpose of the said Rules and the agreement, be subject to the same terms and conditions, as if, such amount had been deposited by the agent himself.

(c) The security deposit or the balance, as the case may be, shall be refunded to the agent or to the person who has been allowed to deposit it under clause (b) on behalf of the agent, after the Divisional Forest Officer is satisfied that the agent has satisfactorily performed his duties and obligations in accordance with the terms and conditions of this agreement and the provisions of the said Rules, and that no amount whatsoever is due from him.

(xi) In addition to the security deposit, the agent shall before executing this agreement, furnish a certificate of personal solvency or a surety bond of an independent surety holding such a certificate equal to twice the security deposit.

(xii) All amounts payable by the agent under this agreement shall be paid by the agent within fifteen days from the date of despatch of the order by the Divisional Forest Officer by registered post. If the agent fails to pay the amount accordingly, the Divisional Forest Officer shall recover the amount from the security deposit.

(xiii) The agent shall reimburse the amounts thus appropriated by the Divisional Forest Officer, within fifteen days of the despatch of the notice by registered post regarding such adjustments from security deposit and shall keep the security deposit always full and complete.

(xiv) If the agent fails to reimburse any amount adjusted from the security deposit, as stipulated in condition 9(xiii) above, such a failure shall constitute breach of these conditions of the agreement and the Divisional Forest Officer shall be competent to take action for such breach in the manner provided for in this agreement.

10. All amounts payable by the agent under this agreement, if they are not paid within seven days from the date of issue of the notice demanding the payments shall be recovered as arrears of land revenue under the Andhra Pradesh Revenue Recovery Act, 1864.

FIRST SCHEDULE

( Description of the Unit )

Sl.No. ofthe unit Circle Division Range Name ofthe unit Minimum number of standard bags tobe collected/ and purchased (1) (2) (3) (4) (5) (6)

SECOND SCHEDULE

(Collection rate)

Rs (Rupees)per standard bag.

THIRD SCHEDULE

( Purchase rate )

Rs. (Rupees) per standard bad.

FOURTH SCHEDULE

(Cost of handling, storage, bagging etc.)

1. [ x x x ] Handling, storage, safe custody (Condition 5(i) and 5(xi) and delivery Rs.5 Rupees five only per standard bag.

2. Curing, bagging and protection (Condition 5 (xiii)...to be determined by the Forest Officer in each case.

In witness whereof the Divisional Forest Officer Division has set his hand affixed the seal of his office for and on behalf of and by the order and direction of the Governor of Andhra Pradesh and Sri the agent above named has hereto set his hand Sri ( ) and Sri the agents above named have hereto set their respective hands; the day and year first herein above written.

Signed: Sealed and delivered.

by Srifor and on behalf of the Governor of Andhra Pradesh in the presence of

1.

2.

Signed and delivered by;

Shri

Shri

The agent above named in the presence of

1.

2.

Signed and delivered by;

Shri

Shri

1.

2.

FIFTH SCHEDULE

List of forms and periodicals to be maintained and sent by the agent (Condition No.15 (xv) of the agreement)

No. and name of the formor periodical To whom it should be sent Due date for receipt (1) (2) (3) 1. Agents Form 1-A:-"Khalla daily collection return" Original to be sent to theRange Officer every day. Within 48 hours after theclosure of the business forthe day From the Date of commencementof Khalla till its closure. 2. Agents Form 1-B:-"Khalla daily purchase return" Original to be sent to the Range Officer every day. Within 48 hours after theclosure of the Business for theday. 3. Agents Form 3:-"Unit (Collection, purchaseand handing over)periodicalreturn" Original and duplicate to besent so as to reach the Rangeofficer within 48 hours of theclosure of the period For Periods:- (a) 26th of a month to 5thof succeeding month. 7th of the succeeding month. (b) 6th of the month to 15thof the month 17th of the month. (c) 16th of the month to26th of the month 26th of the month.

APPENDIX B3 FORM B3

FORM

FORM B3

[(See Rules 3 (11) (C)]

In consideration of the Governor of Andhra Pradesh (hereinafter called ("The Government") having agreed to exempt(Hereinafter called the said Contractor (s) from the demand, under the terms and conditions of an Agreement dated made between and for (hereinafter called "the said Agreement" of security deposit for the due fulfilment by the said Contractor (s) of the terms and conditions contained in the said Agreement, on production of a bank guarantee Rs.............. (Rupeesonly) We Bank (herein after referred to as "the bank" do hereby undertake to pay to the Government and amount not exceeding Rs. against any loss or damage caused to or suffered or would be caused to or suffered by the Government by reason of any breach by the said Contractor (s) of any of the terms or conditions contained in the said agreement.

2. We Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reason of any breach by the said contractor (s) of any of the terms or conditions contained in the said Agreement or by reason of the Contractor (s) failure to perform the said Agreement. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs.

3. We Bank, further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till (Office Department)

Department ofcertificates and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the......we shall be discharged from all liability under guarantee thereafter.

4. We Bank, further agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend the time of performance by the said Contractor (s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said contractor (s) and to for bear or enforce any of the terms and conditions relating to the said agreement and we shall not be relived from our liability by reason of any such variation, or extension being granted to the said Contractor (s) or for any forbearance, act or omission on the part of the Government or any indulgence by the Government to the said contractor (s) or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of so relieving us.

5. We Bank, lastly undertake not to revoke this guarantee during its currency except with the previous consent of Government in writing.

Dated the day of For Bank Ltd.,

APPENDIX C Form C

Form

Form C

[See Rule 4(1)]

Form of Application for grant of Transport Permit.

1. Name of the applicant;

2. Details of origin of leaves;(Unit, division or imported):

3. Place or Places where the abnus leave are stored. If at move than one place, specify the quantity at each place:

4. How the abnus leaves reached the places mentioned in item:

5. Type of permit required:

6. Quantity for which permit is required.

7. Period for which permit is required

 (In case of T.P.I. (Main), T.P.I. (Subsidiary) and T.P. III,for following further details should be furnished:)

8. Destination to which the abnus leaves are to be transported:

 From

 To

9. Mode of transport:

10. Routes by which the leaves are to be transported:

11. Place or places where transported abnus leaves will be stored:

12. Purpose of transport:

APPENDIX D Form D

Form

FORM D

[See Rule 8(2)]

Form of Application for registration as a Grower of Abnus Leaves

1. Name, farther's name and address of the applicant:

2. Name of the village, with survey numbers and extent of holding:

3. Particulars regarding ownership of the abnus leaves:

4. Area on which abnus leaves are grown as against the extent of holding:

5. Number of abnus plants existing on the area:

6. Whether he is growing leaves as a commercial crop and if so,whether he has done any pruning, what cost was incurred in the past three years? Cost with respect to each year should be statedseparately.

7. Estimated production of leaves (in standard bags) :

8. What quantity was collected during the past three years? Production in respect of each year should be stated:

9. Names of persons to whom the abnus leaves were sold during the last three seasons and for what amounts?:

10. Place or places where abnus leaves will be stored till delivery;

Signature of the applicant

Place

Date..

APPENDIX E Form E

Form

FORM E

[See Rule 8 (2)]

Certificate of Registration as a Grower of Abnus Leaves

This is to certify that Sri .. son of .. of village .. Station .. District .. in Unit No .. of Division .. has been registered on the .. as a Grower of Abnus leaves under Section 10 of the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971. The estimated annual production of Abnus leaves fit for manufacture of beedies in his holding as shown below is..standard bags..

The places of storage would be:

Details of holdings..

1.

2.

3.

The certificate is granted subject to the condition that the person named herein shall abide by the provisions of the Andhra Pradesh Minor Forest Produce (Regulation of Trade in Abnus leaves) Rules, 1970.

Divisional Forest Officer,

Division.

(Office seal)

APPENDIX F Form F

Form

FORM F

[See Rule 9(2)]

From of Application for Registration of Manufacturer of Beedies and exporter of Abnus Leaves under Section 11.

1. Name, father's name and address of the applicant.(If it is a registered firm or company, name of the firm or company, registration number, year of registration, the name and address of person holding a power of attorney. A copy of power of attorney should be enclosed).

2. Place or places of business, location of the head quarters of repeating head office, village or town, tahsil, police station and district.

3. Particulars of trade:- (1) Quantity of beedies manufactured annually during the previous three years and quantity of leavesconsumed.

Sl.No. Year No. of beedies manufactured Quantity of abnus leaves used (Standard bags) (1) (2) (3) (4) 1. 2. 3.

 (b) Quantity of abnus leaves exported annually during the previous three years:

Sl.No. Year Place of export To whom exported or sold Quantity in standard bags (1) (2) (3) (4) (5) 1. 2. 3.

4. Trade mark, if any, in case of manufacturer and the name or names of places where abnus

leaves are exported to, in case of exporter of abnus leaves:

5. Estimated annual requirement of abnus leaves in standard bags for purpose of :

(i) Manufacture of beedies.

(ii) Exporter:

6. Present stock of abnus leaves:

Sl. No. Name and Address of the Storage centre Quantity in standard bags (1) (2) (3)

7. Manner in which the required stock is obtained:

8. Central Excise registration No. if any

9. Since when the applicant is in the trade of abnus leaves as

(i) Manufacture of beedies

(ii) Exporter of abnus leaves.

10. Names and addresses of two persons of status to whom reference could be made for verification of details

of the application:

(i)

(ii)

11. year for which registration is required.

12. Whether the applicant was previously registered and, if so,what year and in which division and what was the serial no. of the registration

13. Any other information the applicant desires to give as an evidence that he is a bona fide manufacturer of beedies or exporter of abnus leaves

14. Evidence of payment of registration fee of Rs

"I further affirm that I have read and have understood the provisions of the Andhra Pradesh Minor and Forest Produce (Regulation of Trade) Act, 1971 and the Rules made thereunder.

All the details given above are correct to the best of my knowledge and I shall be able to produce evidence in proof thereof.

Place:

Date:

Signature of the applicant.

Presented in duplicate onat

Signature of the applicant.

Copy forwarded to the Conservator of Forests, State Trading Circle, Andhra Pradesh Hyderabad for information.

Copy to the Conservator of Forests Circle for information

APPENDIX G Form G

Form

FORM G

[See Rule 9 (2)]

Book No.

Page Nos. in two foils

Form of Certificate of Registration as Manufacturer of Beedies And Or Exporter of Abnus Leaves.

This is to certify that Sri Messrs..Son of ..Messrs of Police Station ..Taluk ..District..has been registered for the year, ...................as manufacturer of beedies exporter of Abnus leaves for purpose of Section 11 of the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Ordinance, 1970 and the rules made thereunder:

Estimated quantity of leaves handled annually for manufacture of beedies export of Abnus leaves is about..standard bags. [x x x ]

Place:

Date:

Divisional Forest Officer

..Division.

Copy forwarded to Conservator of Forests, State Trading Circle, Andhra Pradesh, Hyderabad for information

Copy to the Conservator of Forests.. Circle,

Divisional Forest Officer

..Division.

APPENDIX H Form H

Form

FORM H

[See Rule 9(4)]

Registrar of Accounts of Abnus leaves of Manufacturer or Beedies of Exporter of Abnus Leaves

Name of god own.. Name of the Manufacturer Exporter ..Registration No.. of 197.. of Division.

Balance stock on hand at the time of submission of last return instandard bags Date and quantities of stocks in terms of standard bags, added Manner of acquisition of bags in Col. (3) Give details of permits TotalCol.1 Plus 3 Dates and quantitites of stocks in terms of standard bags disposed of Manner of disposal (give details as to whether consumed or sold or rendered useless and destroyed and permit No. Balance left after the disposal of quantity in Col.(8)in Standard bags. Remarks Date on which stock was received and added Bags Permit No. Date of issue Date Quantity Permit No. Nature of disposal (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)

APPENDIX I Form I

Form

FORM I

[See Rule 9(4)]

Statement of Periodical Return of Abnus Leaves of Manufacturer or Beedies Exporter of Abnus Leaves

Return for period ending on

Name of Manufacturer Exporter Registration No.

Serial number and date of Godown where stock is stored. Balance stock on hand at the time of submission of last return or stock on hand at the time of registration in terms of standard bags. Stock added during the interval between submission of last return and this return. Standard Bags Reference of pages Nos. of Register in Form H. Month of acquisition of leaves giving reference of evidence like purchase receipt etc. Total of 2 plus 3 Quantity in standard bags consumed or disposed of during the period between last and this return Manner of disposal whether consumed or sold or rendered useless and destroyed Balance of stock standard bags of bags on the date of submission of return. Remakrs (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Signature of Manufacturer/Exporter

Date of submission of return.

APPENDIX J Form J

Form

FORM J

FORM T.P.I (Main) (In Triplicate)

[See Rule 4(2) (a)]

Transport Permit (Main)

(From collection depot to storage godown)

Division.Book No. .Page No. .

1. Unit No. :

2. Name of the purchaser :

3. Amount Paid :

4. Number of standard bags permitted to be transported :

5. The permit is valid upto :

6. Details of transportation :

Sl.No. Name of the Depot Route of [x x x]transport. Quantity permitted from the depot. (1) (2) (3) (4)

7. Details of transport permit in Form TPI (Subsidiary) allowed to be used :

Book No.

Page from .to.

Valid for issue upto.

Seal of the Division

Permit Officer

Note: The material should be presented for checking at all checking nakas and barriers on the specified route

(Yellow Coloured paper)

APPENDIX T.P.1 FORM T.P.1.(Subsidiary) (In Triplicate)

FORM

FORM T.P.I. (Subsidiary) (In Triplicate)

[See Rule4 (2)(a)]

Transport Permit T.P.I. (Subsidiary)

(Form Collection depot to storage godown).

Division.Book No. .Page No. .

1. Name of the purchaser :

2. Unit No.

3. Reference to T.P.I. (Main)

(i) Book No. . Page No. .

(ii) Quantity permitted . Standard bags .

(iii) Valid upto .

4. Quantity (covered under the above authority) already transported previous to issue of this permit : standard bags

5. Quantity now being transported in the consignment accompanying this permit :-

 Standard Bags Trade bags

6. From . depot to . storage godown

7. Route of transport .

8. Place or places for chaecking .

9. The permit is valid upto . (date)

Place: .

Date : . Hour .

Authorised Person Checked.

(Seal of the Division)

Signature of the Checking

Officer with date

(Red Coloured paper)

APPENDIX T.P.2 FORM T.P.2 (In Triplicate)

FORM

FORM T.P.2 (In Triplicate)

[See Rule 4 (2) (b)]

Transport Permit T.P.2

(For transport, from one storage godown to another storage godown)

Division Book No. Page No. 1. Unit No. 2. Name of the purchaser : 3. Reference to Divisional Forest Officer authority : 4. Quantity and period for which the authority is given standard bags/Trade bags : 5. Quantity (covered under the above authority) already transported previous to issue of this permit. Standard bags/Trade bags: 6. Quantity now being transported in consignment accompanying this permit. Standard bags/Trade bags : 7. From . to . Storage godown : 8. Route of transport : 9. The permit is valid upto . (days)

Permit Officer.

Place .

Date .

Hour .

Authorised person checked.

Signature of the checking

(Seal)

Officer with date

APPENDIX T.P.3 FORM T.P.3

FORM

FORM T.P. 3

[See Rule 4(2) (c)]

In Triplicate

Book No.

Transport Permit T.P.3

(For Transport outside the State of Andhra Pradesh to distribution centre.)

1. Name of the Purchaser:

2. Unit No Division

3. Reference to Divisional Forest Officer authority:

4. Quantity and period for which authority is given standard bags/Trade bags:

5. Quantity covered under the above authority already transported standard bags/Trade bags:

6. Quantity now being transported on this permit: Standard bags/Trade bags:

(Give serial number of bags and quantity in each)

7. Name and address of the consignee outside the State of Andhra Pradesh:

8. From To

9. Route of transport :

10. Permit is valid upto :

Permit Officer.. Authorised person Place Date Hours Signature of checking officer with date.

APPENDIX T.P.5 GOVERNMENT OF ANDHRA PRADESH FOREST DEPARTMENT

Transport Permit

GOVERNMENT OF ANDHRA PRADESH FOREST DEPARTMENT

Transport Permit T.P.5

[See Rule 4B (i)]

(Transport permit for the various stages of transport of abnus leaves from main distribution centre to any branch thereof or a subsidiary distribution centre).

DivisionBook No. Permit No.

1. Name of the manufacturer

2. Registered number of the manufacturer

3. Year for which registered

4. Distribution centre from which permit is issued

5. Quantity issued (in standard bags)

6. Destination.

7. Purpose; Storage Consumption

8. Route

9. Date and time of issue

10. Period of validity

Signature of the Manufacturer

or Agent.

Signature of the checking Officer

with date.

NOTIFICATIONS

Specification of date on which the Andhra Pradesh Minor Forest Produce (Regulationof Trade) Ordinance, 1970 shall come into force in certain Districts of Andhra Pradesh State

(G.O.Ms.No. 2127, Food Agriculture (For III) 7th November 1970. Published in A.P. Gazette, Part II (Extraoridinary) dt. 7-11-1970 (Issue No. 36) and as amended by G.O.Ms.No. 961 Forest and R.D. (For III ) Dept. Dated 28-10-1976

NOTIFICATION

In exercise of the powers conferred by sub section (3) of Section 1 of the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Ordinance, 1970 (Andhra Pradesh Ordinance 5 of 1970), the Governor of Andhra Pradesh hereby specifies the 9th day of November, 1970 as the date on which the said ordinance shall come into force in the districts of Adilabad, Karimnagar, Warangal, Nalgonda, Mahbubnagar, Medak, Nizamabad, Hyderabad and Khammam (and in the Village of Chimalpad, Murusumilli and Pullur of Vijayawada Taluka and Tiruvur taluk of Krishna District) comprising forest divisions of Adilabad, Nirmal, Jannaram, Mancherial, Bellam pally Sirpur kaghaznagar, Karimnagar (East) Karimnagar (West), Warangal Mahububabad, Kothagudem, Paloncha, Nalgonda, Nagarkurnool, Mahaboobnagar, Medak, Kamareddy, Nizamabad, Hyderabad, Khammam, Bhadrachalam (North) and Bhadrachalam (South).

Delegation of Powers and Functions of Chief Conservator of Forests (M) to the Additional Chief Conservator of Forests (W) Land Accounts Under the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971

G.O.Ms.No. 279, Forests, Animal Husbandry and Fisheries (For.III), 11th July, 1986. Published in A.P. Gazette Part I Extraordinary, dt. 11-7-1986.

In exercise of the powers conferred by Section 13 of the Andhra Pradesh Minor Forest Produce (Regulation of Trade) Act, 1971 (Act No. 4 of 1971) the Governor of Andhra Pradesh in supersession of the orders issued in G.O.Ms.No. 341 Forest and Rural Development (ForIII) Department dated the 5th November, 1985 hereby delegates to the Additional Chief Conservator of Forests (Wild Life and Accounts,) incharge of State Trading in Abnus Leaves, the powers and functions of the Government under the said Act and the Rules made thereunder as noted below hitherto exercised by the Chief Conservator of Forests, (Management) incharge of State Trading in Abnus Leaves.

S.No Sections and Rules Powers and Functions delegated 1. Section 3 .. Division of the specified area into units and reorganisation of the units. 2. Section 7 .. Publication of prices of Minor forest produce fixed by the Government in the manner specified in Rule 6 3. Section 12 .. To issue supplementary tender notice. 4. Section 12 .. To issue main tender notice and also to make suitable changes in the terms and conditions in the tender notice and purchasers agreement. 5. Rule 3(1) .. (1) Publication of notices; inviting applications for appointment of agents, specifying the terms and conditions of appointment of agents.(2) Specification of details. 6. Rule 3(14) .. Directions regarding the maintenance of accounts and submission of returns. 7. Rule 8 (6) .. Details regarding the manner of furnishing information.