Maharashtra · Act 23 of 1969

Section 6 — Sale of trees through Forest Officers.

The Maharashtra Sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969.

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STATUTORY TEXT
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1[6. Sale of trees through Forest Officers 2* *.- (1) Any occupant, who on and after the commencement of the Maharashtra Sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) (Amendment) Act, 1974 (Mah. XXXI of 1974), intends to sell any trees in his holding, shall make an application to the Collector for assistance for the sale of the trees. Such application shall be in the prescribed form, and shall be accompanied by a certified copy of the permission, if any granted under section 3 of the Maharashtra Felling of Trees (Regulation) Act, 1964 (Mah. XXXIV of 1964), and where such permission is deemed to have been granted under sub-section (1C) of section 3 of that Act, the application shall state such fact therein.

(2) On receipt of an application under sub-section (1), the Collector shall, after hearing the Applicant and making such inquiry as he may deem fit, decide whether the assistance sought for should be granted 3[or not] for sale of the trees through a Forest Officer 4* *.

(3) If the Collector decides to grant such assistance, the Collector shall arrange for the sale of the trees in such manner as the State Government may by order direct (including provision in such direction for circumstances in which deposits made at sales may be forfeited) through a Forest Officer who is duly authorised by the State Government in this behalf, so as to secure the maximum price for such trees.

5(4) * * *

6[(5) Payment of advance amount prior to the sale of trees and the payment of the proceeds of the sale shall be made by the Collector in the following manner, namely:-

(a) twenty per cent. of the net estimated value of the trees to be sold shall be paid within thirty days from the date of the decision for grant of assistance for the sale of trees under sub-section (2).

(b) thirty per cent. of the net estimated value of the trees to be sold shall be paid within thirty days from the date of transportation of the felled trees to the sales depot ;

(c) the proceeds of the sale, after deducting the amount paid under clauses (a) and (b), the expenses of the sale and other expenses as have been incurred, shall be paid within one hundred and twenty days from the date of transportation of the felled trees to the sales depot.]

Source footnotes

1. Section 6 was substituted for the original by Mah. 31 of 1974, s. 5.

2. The words "or by auction" were deleted by Mah. 6 of 1996, s. 3(4).

3. These words were inserted by Mah. 6 of 1996, s. 3(1)(a).

4. The words, brackets and figure "or for reasons to be recorded in writing, the trees may be sold by auction as provided in sub-section (4)" were deleted by Mah. 6 of 1996, s. 3(1)(b).

5. Sub-section (4) was deleted by Mah. 6 of 1996, s. 3(2).

6. Sub-section (5) was substituted by Mah. 6 of 1996, s. 3(3).

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More sections of this actSection 1 · Short title and commencement.Section 2 · Definitions.Section 3 · Prohibition.Section 4 · Deleted.Section 5 · Deleted.Section 7 · Appeal.Section 7A · Revision.Section 7B · Power to transfer proceedings.
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