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Puducherry act 017 of 1965 : Pondicherry Sugarcane Development and Levy of Cess Act, 1965

Preamble

[Pondicherry Act No. 17 of 1965][5th November, 1965]

An Act to provide for the development of sugarcane farming and to levy a cess on the sugarcane consumed by the Sugar Factories in the Union territory of Pondicherry.

Be it enacted by the Legislative Assembly in the Sixteenth Year of the Republic of India at follows:-

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Pondicherry Sugarcane Development and Levy of Cess Act, 1965.

(2) It shall extend to the whole of the Union territory of Pondicherry.

(3) It shall come into force at once.

Section 2. Definitions

2. Definitions.- In his Act, unless the context otherwise requires-

(a) "Advisory Committee" means a committee constituted under section 3;

(b) "Government" means the Administrator appointed by the President under Article 239 of the Constitution;

(c) "Prescribed" means prescribed by the rules made under this Act.

Section 3. Constitution of Advisory Committee

3. Constitution of Advisory Committee.- (1) The Government shall constitute an Advisory Committee of not more than fen members.

(2) The constitution and functions of the committee shall be as may be prescribed.

Section 4. Levy of cess

4. Levy of cess.- (1) The Government may, after consulting the Advisory Committee, by notification, levy a cess not exceeding 70 paise per quintal on sugarcane brought into any area specified in such notification, for consumption, use or sale therein.

(2) Subject to the maximum aforesaid, the Government may, from time to time, after consulting the Advisory Committee, by notification, alter the rate of levy of such cess.

(3) The Government may by order remit in whole or in port any cess paid or payable under the section in respect of any Sugarcane specified in such order.

(4) Any sum payable under this sec. on may be recovered as if it were an arrear of land revenue.

Section 5. Power to make rules

5. Power to make rules.- (1) The Government may make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the constitution of the Advisory Committee, the term of office of its members, the manner in which casual vacancies among them shall be filled, and the procedure for the conduct of its business;

(b) the authorities by which, the persons from whom, and the manner in which the cess ??? under this Act shall be collected;

(c) the form of the records to be kept and of the returns to be made, and the information to be furnished by persons liable to pay the cess under section 4;

(d) the inspection or search of any place or vehicle used or suspected to be used for the storage or carriage of sugarcane; and

(e) any other matter expressly required or allowed by this Act to be prescribed.

(3) In making any rule under sub-section (1) or (2), the Government may provide that a breach thereof shall be punishable with fine which may extend to two thousand rupees.

(4) Every rule mace under this Act shall be laid, as soon may be after it is made, before the Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modifications in the rule or decides that the rules should not be made the rule shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.