Bare Acts Live

The U.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972

(U.P. Act 19 of 1972)

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(a) "agent" in relation to a unit, means an agent appointed under Section 4 in respect of such unit;

(b) "unit" means a unit, constituted under Section 3;

(c) "tenure-holder" means a bhumidhar, sirdar, asami, Government lessee or other Government grantee;

(d) "grower of tendu leaves" means-

(i) in respect of tendu leaves grown on land which is for the time being vested in and held by the State Government or constituted as a reserved forest or protected forest under the Indian Forest Act, 1927 (Act XIV of 1927)- the State Government.

(ii) in respect of tendu leaves grown on land which is for the time being vested in and held by a Gaon Sabha or other local authority- such Gaon Sabha or other local authority;

(iii) in respect of tendu leaves grown on land which is for the time being held by a tenure-holder- such tenure holder;

(iv) in respect of tendu leaves grown on land which is for the time being held by a mortgagee in possession or tenant or lessee on behalf of the State Government or such Gaon Sabha, local authority or tenure-holder as aforesaid- such mortgagee in possession, tenant or lessee, as the case may be;

(v) in respect of tendu leaves grown on land which is for the time being in the custody of a receiver appointed by a court or by some other authority in exercise of a power conferred by law- such receiver;

(vi) in respect of tendu leaves of on land which is for the time being held by any other person- such person;

(e) "appointed day" in relation to any area, means the day on which this Act comes into force in that area;

[(f) "year" means the year beginning on the first day of January];

(g) "prescribed" means prescribed by rules made under this Act;

(h) words and expressions used but not defined in this Act, and defined in the Indian Forest Act, 1927 (Act XIV of 1927), shall have the meanings assigned to them in that Act.

(a) no person shall sell tendu leaves to any person other than the State Government or an officer of the State Government authorised by it in that behalf or an agent in respect of the unit in which the leaves have grown;

(b) no person other than such Government, officer or agent shall purchase tendu leaves from any person other than such Government officer or agent, or collect tendu leaves grown on any land of which he is not owner or tenure-holder;

(c) no person other than such Government, officer or agent shall transport tendu leaves except in the following cases namely :

(i) where he being a grower of tendu leaves transports them from any place within the unit wherein such leaves have grown to any other place in that unit; or

(ii) where he transports them on behalf of such Government officer or agent; or

(iii) where he has purchased the leaves from such Government officer or agent either for the manufacture of bidis within Uttar Pradesh or for sale of the leaves outside Uttar Pradesh, and he transports them outside the unit in accordance with the terms and conditions of a permit issued in that behalf by such authority and in such manner as may be prescribed.

(a) the price of tendu leaves, if any, fixed under this Act during the preceding three years in respect of the unit;

(b) the quality of the leaves grown in the unit;

(c) the transport facilities available in the unit;'

(d) the cost of transport; and

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

(a) if he considers the leaves in question still suitable for manufacture of bids, direct the authorised officer or agent, as the case may be, to purchase the same and also direct the payment to the person aggrieved of such compensation not exceeding twenty per centum of the price of the leaves payable to him, as he may deem fit; or

(b) if he considers that leaves in question have since become unsuitable for manufacture of bidis, he direct the authorised officer or agent, as the case may be to pay to the person aggrieved an amount equivalent to the price of such leaves payable to him under subsection (1) and such further compensation not exceeding ten per centum of such price as may deem fit by way of damages for the loss suffered by such person.

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

(ii) enter and search any place;

(iii) seize tendu leaves in respect of which suspects that any provision of this Act or the rules made thereunder has been, is being or is about to be contravened alongwith the receptacle containing such leaves, or the vehicles or boats used in carrying such leaves.

(a) "company" means and body corporate, and includes a firm or other association of individuals, and

(b) "director", in relation to a firm means a partner in the firm.

(a) the procedure to be followed in making appointment of agent;

(b) the publication of the price lists of tendu leaves;

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

[(d) the authority by whom, the manner in which and the conditions subject to which, permits may be issued under Section 5 and the manner in which tax under sub-section (3) of Section 5 shall be paid or realised;]

(e) the manner of registration under Section 9, the period within which such registration shall be made, and the fee payable under subsection (2) thereof;

(f) the guiding principles for the determination of compensation under sub-section (3) of Section 8;

(g) any other matter which has to be, or may be, prescribed.

Notifications