Odisha act 28 of 1961 : The Odisha Kendu Leaves (Control of Trade) Act, 1961

ORISSA ACT 28 OF 1961

THE O m S A KENDU LEAVIES (COHTROL OF TRADE) ACT, l%l

CONTENTS

PasAMBtB

SECTIONS

I . Short title, extent and. comrncnccment

2. Definitions

3. Res:riction on purchase

4. Sale price

5. Constitution of uni ts

6. Opening of depots and publication of price l i s t . etc., at the depot

7. Qovtrnmeat and their officer or agent bound to purchase

8. Appointment of agents

9. Registration

10. LJlsposal of leaves

11. Application of net profits

12. Delegation of powers

13. Power of entry, searzb, seizure, etc.

14. Penalty

15. Attempts and abetments

16. Cognimnce of olfcnoes

17. Savings in respect of acts done in good faith

18. Power to make rules

19. Repeal

20. Power to remove doubts and diflcdtics

41 3

ORISSA ACT 28 OF 1961

Or5rsa Act 7 of 1960.

'[THE ORISSA KENDU LEAVES (CONTROL OF TRADE) ACT, 19611

[Received the assent of the President on the 28th December, 1961 jrs t published in an extra-

ordinary issue of the Orissu Gazette, dated the 3rd Jmuar-y 19621

AN ACT TO PROVIDE FOR CONTROL OF TRADE IN KENDU LEAVES

WHEREAS it is expedient to provide for regu- lation of trade in Kendu leaves by creation of State monopolY in such trade ;

It is hereby enacted by the Legislature of the State of Orissa in the Twelfth Year of the Republic af India, as folows :-

1. ( I ) This Act may bt; called the Orissa Kendu short tith b v e s (Control of Trade) Act, 1961. commsnob -t and

(2) It extends to the whole of the State of Orissa. mat. (3) It shall come into force2 in any $strict on I

such date as Government may, by notification, appoint I

2. In this Act unless the context otherwise I requires-

(a) "agent" means an agent appointed under section 8 ;

(b) 4cGovernment'' means the State Govern- ment of Orissa ;

3[(~) "Grama Panchayat" means a Grarna Panchayat constituted under the Orissa Grama Panchayat Act, 1964;]

(d) "grower of Kendu Iaves" means any person who owns .lands on which Kendu plants - grow or who is in possession of such lands under a lease or othenxrise ;

4[[e) "Samiti" means a Samiri constituted uniier the Orissa Panchayat Samiti Act, 1959;l

1. For the Statement of Objects and Reasons, see O r i m Gorette, Ex- ordinary, dated the 4th October 1961 ( No. 682 ).

2. w e into force with d e c t from the 5th January 1962-Vide N o t i b tion No. 330-C F. dated the 4th January 1962, published m Orissa Gazette, Exttaordinary. dated the 6th January 1962 (No. 5).

3. Substituted by the Orissa Kendu Leaves (Ccmirol of Traao) ( Amendment) Act, 1969 ( Or. Act 6 o i I969 ). 3.2 (a).

4. substituted by ibid s. 2 (b).

THE ORISSA .K ENDU LEAVES [ or. Act 28

v) '' prescribed" mrnns prescribed by the r u l ~ made under this Act ;

(g) "permit" means a permit issued under section 3; and

(g-I) "registered grower" means a grower of Kendu leaves who has registered him- self under section 9 ; ]

(h) 4c~nit" means a umt constituted under section 5.

kasWIctlon sa purchase. 3. (1) No person other than-

(a) the Government ; (6) an officer of Government authorised in

that behalf; or (c) an agent in respect of the unit in which

the leaves have grown ; shall purchase or transport Kendu leaves.

Explanation I-Purchase of Kendu leaves ,from the aforesaid Government officer or agent shall not be deemed to be a purchase in contravention of the provisions of this Act.

Explanation XI-A person having no interest in the Iand who has acquired the right to collect Kendu leaves grown on such land shall be deemed to have purchased such leaves in contravention of the provi- sions of this Act.

(2) Notwithstanding anything contained in sub- section (1)-

(a) a grower of Kendu Ieaves may transport his leaves from any pIace within the unit wherein such leaves have grown to any other pIace in that unit ;* "

3[ Provided that a registered grower may also transport his Ieaves from any place within the unit wherein such leaves have grown to any other plau outside the unit for the purpose of sale to the Government or any agent in respect of the unit author- ised to purchase the same from him; and j

--- . . - . . .. ----A- 1. -'by the Orissa Kendu teavw ( Control of Tradc) ~~rnondmeat)

Act. 1969 ( Or.! Act 6 of 1C69 ), s.2 (c). 2. Omitted by ibid, s. 3. 3. - by &id.

(6) leaves purchased from Government or any officer or agent spccificd in the said sub- section by any person for manufacture of bidis w i t l ~ i ~ ~ thc State or by any person for sale outside the State may be tram- ported by such p e m n outside the ;in;! under a permit lo be issucd In that bci: :l: by such authority and in sucli rn2.1~-C. as may be p~~esciibed and the permir A:-. issucd shall be subject to such condition;, as may be prescribed.

(3) Any person dcsiriag to sell Kend.u !caves may sell them to the aforesaid Government Offices or agent at any &pot situated within the said unit.

4. (1) The Government shall, after consultation FTim with the Advisory Committee constituted under sub-s&ion (2) fix the pice at which Kendu leaves shall be purchased by them or by any officer or agent from growers of Kendu leaves during any ycar and shall publish the same in the prescribed manner not later than the 31st day OF -Tanuary of that year and the price so fixed shall not be altered during such year :

Provided that different prices may be fixed for different units having regard to-

(a) prices fixed under any law during the preceding t h e e years in respect of the area comprised in the unit ;

(b) quality of the !eaves grown in the unit ;

(c) transp~rt facilities available in the unit ;

(d) the cost of transport ; and (e) general level fif \vases for unskilled labour

prevalent in the unit.

(2) The Government shall constitute an Advisory Committee for the State consisting of not less than six members :as may be notificd by Government from time to time :

Provided that not more than one-third of such members shall be from amongst persons who are growers of Kendu leaves.

T E ~ OWA KENDU LBAW [ Or. Aat 28

(3) It shall be the duty of the aforesaid Committee to advise Government on such, matters as may be referred to it by Government.

(4) The business of. the Committee shall be conducted in such manner and the members shall be entitled to such allowances, if any, as may be prescribed.

conntitution of units 5. The Government may divide each district into such nuinber of units as they deem fit.

opening of 6. In each unit there shalI be such number of FG:~,,:: depots as Government may direct to be set up:at or price list, such places as may be convenient for the transactton o h . at tho ,,,,, of business and the price list of Kendu leaves and the

hours of business shall be prominently display& on the notice board kept for the purpose at every such depot. ,

aovermnent 7. (1 ) The Government or their authorised offiw~ md omcer their or or agent skU be bound to purchase at the price fixed agent bound under section 4 Kendu leaves which are offerid. to 'O PUTChase-. them for sale at the depot during-the hours of business :

Provided that it shall be open to Government or any officer or agent. not to purchase any leaves which in their opinion -are not fit-for the purpose of manufacture of bidis.

[ (2) Any person aggrieved by the rejection of his leaves by the Government or by an authorised oBcer or agent under the proviso to sub-section ( I ) , may, within fifteen days 'therefrom, refer the. matter to the Divisional Forest OEcer, or such other officer as may be empowered by Government in this behalf, having jurisdiction over the unit in which the leaves have grown.

(2-4 Any person, to whom price is paid at a rate lower than the rate h e d under section 4 for Kendu leaves sold bv him to the Goverment or their auihorised officer bi agent, may refer the 'matter to the aforesaid officer within Hteen days from the date of such payment.

(2-b) On receipt of a reference under subsentian (2), the Divisional Forest OEcei or such other o h , as the cpse may be, shall hold aa enquky on the spot orb

1. Substituted by the Orissa Kendu Leaves (Coqgol 'of T d ) Amendmat) Act, 1969 (Or. Act 6 of 19691, s. 4.

at the headquarters in the prescribed manner and after hearing the parties concerned or their autliorised agent shall pass such orders as he deems fit and in case he finds the rejection of the leaves to be improper, he may:-

(i) if he considers the leaves in question still suitable for the manufacture of bidis, direct the Government or the authorised officer or agent, as the case -may be, to purchase the same and also to pay to the person aggrieved, such further compen- sation not exceeding twenty per centum of the price of the leaves payable to him, as he may deem fit ;

(ii) if he considers that the leaves in questioa have since become unsuitable for manu- facture of bidis, direct the Governmeat or thier authorised ofiicer or agent, as the ease may be, to pay to the person aggrieved an amount equaI to the price of such leaves ayable under sub-section (1) and such l! urther compensation not exceeding twenty per centum of such price as he may deem fit.

(2-c) On receipt of a reference under sub-section (2-a), the said officer shall hold an enquiry in the manner as aforesaid and if he is satisfied about the correctness of the allegations made in the reference he may direct the Government or their authorised oficer or agent, as the case may be, to pay to the person making the reference so much of the price as has not been paid to him and such further compen- sation not exceeding twenty per centurn of .the amount so directed to be paid as he may deem fit.]

(3) Nothing in this section shall be construed so as to debar the appropriation of leaves offered for sale if Government or their authorised officer, or agent have reason to believe that the leaves apRer- tain to forests or lands belonging to Government and paying only such collection charges, if any, as Government may from time to time determine :

Provided that in case of any dispute the Divisional Forest Officer '! or such other Oicer who may be specifically empowered in this behalf as specxed in sub-section (2) shall hear and dispose of the same in the manner provided therein.

420 THE ORJSSA KENDU LEAVES [Or. Aat 28

Appointment (S~CS. 8-11}

of agents. 8. ( I ) The Government may, for the purpose ofpurchase of aud trade in Ktndu leaves on their behalf, appoint agents in respect of different units and any such agent may be appointed in respect of more than one unit :

'[Provided that the Government may for the purpose of purchase of leaves from the registered growers, appoint an additional agent in respect of one or more units].

(2) The procedure for appointment of agents shall be as may be prescribed-

R m a t i o n 9, Every grower of Kendu leaves shall, if tht quantity of leaves grown by him duxing a year is likely to exceed 2[three hundred and S t y kilogrammesJ, get himself registered in the prescribed manner 3[on payment of such fees as may be prescribed and shall be liable to rnaintaia accounts and submit returns in such form and manner as may be prescribed].

Di8Pod Of 10, Kendu leaves purchased by Government or Icava~. by their officers or agents under this Act shall be sold or .otherwise disposed of in such manner as Government may direct.

Applimtion of ncr profits.

11. ( I ) Out of the net profits derived by Govern- ment, from the trade in Kendu Ieaves under t h i s Act an amount not being less than fifty per centurn there- of shall be paid to the Samitis and Grama Panchayats.

(2) The allocation of the said amount among the different Samitis and Grama Panchayats as aforesaid shaU be as Government may determine from time to time.

4[(3) Subject to such conditions as may be pres- cribed the sums so paid to t he Samitis and Grama Panchayats shall be utilised in accordance with the

O I ~ U Act provisions of the Orissa Pai~chayat Samiti Act, 19591 1960a and the Orissa Grarna Panchayat Act, 1964, respecti- Act vely2 YO^ 1965.

1. Inser!ed by the Oris , Kcndu haws (Contrsl of Tmde) (Arnendm~nl) Act. 1969 (Or. Act 6 of 1969). s- 5.

2. Subalituted by ibid.,s. 6 for "ten slandard maunds".

3. Added by the,Ori@a xeodu Lcaves {control of Trade) (Ammdmtot) Act, 1963 (OF. $ct. 17 19831, s- 2.

4. Sub~tituted by the Orissa Kendu t tavm (Crlntrol of Trade) ~mcndment) Act, 1969 (Or. Act 6 of 1969), 3.7.

12. The Government may, by order, delegate Dolcgat ion of powers. any of their powers or functions under this Act or the rules made thereunder to any officer or authority who shall exercise or perform the same subject to such conditions and restrictions as Government may specify in the order.

13. ( I ) Any police officer not below the rank Power of cntry, SoSICh of an assistant sub-inspector and any other person ~oizure, etc.

authorised by Government may, with a view to securing compliance with the provisions of this Act or the rules made thereunder or to satisfJring himself that the said provisions have been complied with-

(i) stop and search any person, boat, vehicle or receptacle used or intended to be ased for the transport of Kendu leaves ;

(ii) enter and search any place ; (iii) seize Kendu leaves in respect of whic5

he suspects that any provision of this Act or the ruIes made thereunder has been, is being or is about to be bntra- vened along with the receptacle containing such leaves, or the vehicles or boats used in carrying such leaves.

Act 5 of 1898.

(2) The provisions of sections 102 and 103 of the Code of Criminal Procedure, 1898, relating to search and seizure shall, so far as may be, appIy to searches and seizures under this section.

.. 14. If any person contravenes any of ,he provi- ~ena~t!, siom of this Act or the rules- made thereunder-

(a) he shall be punishable with imprisonment which shall extend to one year or with h e which may extend to five hundred rupees or with both ;

(6) the K e ~ d u leaves in respect of which such contravention has been made or such part thereof as to the Court may seem fit shall be forefeited to the Govern- ment :

Provided that if the Court is of the opinion that it is not necessary to direct forfeiture in respeci ~f the whole, -or as h e case may be, any part of ~hr: leaves, it may, for reasons to be ' recorded, re:lain from doing so.

M W d*aw? 15. Any person who attempts to contravene

or abets the contravention of any 'provision of t h i s Act or ' the rules made thereunder shalf be deemed to have contravened such provision,

0 'mnco '$.' 16. No Court shall take cognizance of any at 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 DivisionaI Forest Officer or by any other -officer authorised in that behalf by the Government.

SaYim in -I or 17. ( I ) No suit, prosecution or other legal proceed- '2%~" ings shall lie against any person for anything which

is in good faith done or intended to be so done in pmwnce of this Act oc the rules made thereunder.

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

Poww to maks ~ll* 18. (1) The Government may m e ds' for

carrying out all or any of the purposes "r o this Act. (2) In partidm and without prejudice to the

ge ~erality of the foregoing powers they may make rules in respect of all or any of the following nia- nainely :-

(a) publics~tion of the price lists of Kendu leaves ;

(b) manner of holding enquiries under this Act ;

(c) procedure to be followed in making appoint- ment of 'agents ;

I .

(4 the authority by whom, the manner ' in which ind the conditions subject .to which permits may be issued ;

(e) the manner of registration under section 9 '[and ihe fees therefor] ;

'[(ee) the forms and manner in which accountd shall be maintained and returns shall be submitted;]

Cfl the conditions.subject to which sums dotted to Samitis and Grama Panchayats shall be uused ;

(g) the forms in which applications shall be made and permits shall be issued ; and

(h) any other matter which 'is either expressly or impliedly required to be prescribed under th is Act. I I .

brisda A C ~ 19. On the coming into force of this Act in any 7 of 1955. district the Orissa Essential Articles Control and

Requjsitioning (Temporary Powers) Act, 1955 shall, in so far as it relates to Kendu leaves, stand repealed

. in respect of such &st&.

20. If any doubt or di&ulty arises in giving effect to the provisions of this Act, the Govement r a m 0 1 POW to , . . may, as occasion may require, by order, do anything dpnbta 4 not inconsistent with the provisions of this Act, or mati- the rules made. thereundex; which appears to them necessary for purposes of removing the doubt of mculty.

1. Added by the Orissa K a d u Lsavu ( Control of m& ) (bondmat1 &, 1963 (Or. Act 17 of 19631,~. 3 (a).

2. W e d b ibid. r. 3 (b).

424 THE OR~SSA KENDU LEAVES [ Or. Act 28 of 19bI ] (CONTROL OF TRADE) ACT, 196 1

PROV~SION OF THE ORISSA KENDU LEAVES (CONTROL OF TRADE) (AMENDMENT)

ACT, 1 969 [OR. ACT 6 OF 1969)

(2) Notwithstanding such repeal, anything done, any action taken, any rules or orders made or any notice or notification issued in exercise of any power, conferred by or under the said Ordinance shall be deemed to have been done, taken, made or issued in exercise of the powers conferred by ok under this Act, as if this Act had commenced on the 17th day CL February, 1969.

ORISSA ACT 10 OF 2004

THE ORISSA KEPJDU LEAVE'S (CONTROL OF TRADE) AMENDMENT ACT, 2004

TABLE OF CONTENTS

PREAMBLE

SECTIONS

1. Short title and commencement.

2. Amendment of Section 2.

-3. Amendment of Section I d .

4. ~rnendrnent,of Section 18.

ORISSA ACT 10 OF 2004

"THE bRlSSA KENDU LEAVES (CONTROL OF TRADE) AMENDMENT ACT, 2004-

[ Received the assent of be Governor on the 9th October, 2004, first published in an Extraordinary issue of the Orissa Gazette dated the 19th October, 2004 (No. 139011 '

AN ACT FURTHER TO AMENDTHE ORISSA KENDU LEAVES (CONTROL OF TRADE) ACT, 1961.

BE it enacted by the Legislature of lhe State of Orissa in h e FiQ-fifthyear of the Republic of India as follows :-

$hob title 1:. (I ) This Act may be called the Orissa Kendu Leaves (Control of Trade) - and

-L Amendment Act, 2004.

(2) I t shall be deemed to have come into force on the 1st day of ,

April 2004. I .

Amendment 2. In Section 2 of the Orissa Kendu Leaves (Control of Trade) Act, I 961 Orissa Act . of Section 2.

L * 28 of 1961.

(hereinaffer referred to as the principal Act,-

(i) in clause (g ) , the word 'and" occurring at the end shall be omitted ;

(I;;) in clause (h) , for the full stop "." occumng at the end, the semicolon and word " ; and" shall be subsliluted ; and

(iio afler clause (h). the following clause shall be inserled, namely :-

'(0 "Zilla Parishad" means a Zilla Parishad constituted under the Orissa Zilla Parishad Act, 1991 .'. Orissa Act

77 01 '1991. Amendrnenl 3. In Section 1 I of the principal Act,- of SecUon 11.

i (0 for Ihe word "Samitis" wherever it occurs, thewords "Zilla Parishads, Samitis" shall be substituted ; and

!

I (ii) in sub-section (31, aRer the words "provisions or, the following words,

commas and figure shall be inserted with the marginal reference

i mentioned against them, namely :- I I "the Orissa Zilla Parishad Act: 1991 ,". Drissa ~ c t

- I 17 of 1991. Amendment of 4. In Section 18 of the principal Act, in clause (0, afiar the words 'allotled -Seelion 18.

to", the words and comma'2illa Parishads," shall be inserted.

F o r the Bill, See Orissa ~ a z e f i b , Extraordinary, dated the 1 9th October 2004 (No. 1 390)