OPSCST Act 6

धारा 6 · Procedure in cases of subsisting contracts

(1)

On receipt of an application relating to a subsisting contract under Section 4, or on detection or reference of a case under Section 5, as the case may be, the Divisional Forest Officer, may, if he considers it necessary, pass a preliminary order directing the contractor concerned in writing to refrain from felling or removing any timber under or in pursuance of the contract till the decision of the case :Provided that where any timber has been removed in pursuance of any contract which forms the subject matter of the case, the Divisional Forest Officer, may if he deem fit, also orders seizure of such timber pending disposal of the case.

(2)

After hearing the parties concerned and making such enquiry as he may deem fit, the Divisional Forest Officer may, for reasons to be recorded in writing, either reject the application or contract or pass an order allowing it.

(3)

The Divisional Forest Officer while passing any preliminary order in case of subsisting contract, shall record his findings on the following matters, besides others :-

(i)

the amount of consideration actually received by the owner of the specified tree;

(ii)

the expenses incurred by the contractor in felling and cutting all such specified trees which he has been prevented from removing by reason of the proceedings under this Act;

(iii)

the value of the timber removed by the contractor under the contract.

(4)

On passing of a preliminary order to that effect, the contractor shall be entitled to receive from the owner of the specified tree the amount by which the aggregate of the amounts under items (i) and (ii) exceeds the amount under item (iii) of Sub-section (3).

(5)

Any amount which the contractor is entitled to receive from the owner under Sub-section (4) shall be deposited by the said owner within such time as the Divisional Forest Officer may, from time to time, allow for the purpose.

(6)

The Divisional Forest Officer shall pass a final order in case of the subsisting contracts -

(a)

cancelling the contract if the owner of the specified trees deposits the amount as provided in Sub-section (5), or

(b)

rejecting the application or reference, as the case may be, if the said owner fails to make such deposit.

(7)

Upon cancellation of the contract, the timber of the specified trees felled under or in pursuance of such contract and lying in the holding of the owner of the tree shall belong to him.Explanation. - A contract shall be deemed to be subsisting for the purpose of this Section if the whole or any part of the timber of the specified trees sold or agreed to be sold in pursuance of such contract had not been removed by the contractor from the holding in which such specified tree stands.

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