1. (1) This Act may be called the Orissa Kendu Leaves (Control of Trade) Amendment Act, 2004.

Short title and commencement

    (2) It shall be deemed to have come into force on the 1st day of April 2001.

2. In section 2 of the Orissa Kendu Leaves (Control of Trade) Act, 1961 (hereinafter referred to as the principal Act,)-
(i) in clause (g), the word “and” occurring at the end shall be omitted;
(ii) in clause (h) for the full stop “.” occurring at the end, the semicolon and word “and” shall be substituted ; and
(iii) after clause (h), the following clause shall be inserted, namely: -
(i) “Zilla Parishad” means a Zilla Parishad constituted under the Orissa Zilla Parishad Act, 1991.

3. In section 11 of the principal Act, -
(i) for the word “Samitis” wherever it occurs, the words “Zilla Parishads, Samitis” shall be substituted; and
(ii) in sub-section (3), after the words “Provisions of” the following words, commas and figure shall be inserted with the marginal reference mentioned against them, namely: -
“the Orissa Zilla Parishad Act, 1991”

4. In section 18 of the principal Act, in clause (f), after the words “allotted to”, the words and comma “Zilla Parishads,” shall be interested.

STATEMENT OF OBJECTS AND REASONS

The state Finance Commission recommended for distribution of 10% of the net profit derived from Kendu Leaves Trade to Zilla Parishads. The recommendation was accepted by the State Government. Accordingly the Panchayati Raj Department have issued a Resolution to that effect vide their Resolution No. 24820/GP, dated the 16th December 2002. But the existing provisions contained in sections 2,11 and 18 of Kendu Leaves (Control of Trade) Act, 1961 stands as a bar for implementation of the recommendation of the State Finance Commission. Therefore, a suitable amendment is considered necessary in sections 2, 11 and 18 of Kendu Leaves (Control of Trade) Act, 1961.

Definition

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

(g) “Permit” means a permit issued under section 3, and
(g-1) “Registered grower” means a grower of Kendu leaves who has registered himself under section 9.
(h) “Unit” means a unit constituted under section 5.

Application of net profits.

11.
     (1) Out of the net profits derived by Government, from the trade in Kendu leaves under this Act and amount not being less than fifty per centum thereof shall be paid to the Samitis and Grama Panchayat
     (2) The allocation of the said amount among the different Samitis and Grama Panchayats as aforesaid shall be as Government may determine from time to time.
     (3) Subject to such conditions as may be prescribed the sums so paid to the Samitis and Grama Panchayats Shall be utilized in accordance with the provisions of the Orissa Panchayat Samiti Act, 1959 and the Orissa Grama Panchayats Act, 1964, respectively.

Power to make rules

18.
     (1) The Government may make rules for carrying out all or any of the purposes of this Act.
     (2) In particular and without prejudice to the generality of the foregoing powers they may make rules in respect of all or any of the following
         matters, namely: -
            a) Publication of the price lists of Kendu leaves;
            b) Manner of holding enquires under this act
            c) Procedure to be followed in making appointment of agents
            d) The authority by whom, the manner in which and the condition subject to which permits may be issued
            e) The manner of registration under section 9 and the fees thereof
            ee) The forms and manner in which accounts shall be maintained and returns shall be submitted
            f) Conditions subject to which sums allotted to Samitis and Gram Panchayat shall be utilized
            g) The forms in which application shall be made and permit shall be issued
            h) The other matter which is either expressly or impliedly required to be prescribed under this Act