Jharkhand act 6 of 1947 : The BIHAR MOLASSES (CONTROL) ACT, 1947

Department
  • Department of Excise and Prohibition Department, Government of Jharkhand
Enforcement Date

24 Oct 2010

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THE BIHAR MOLASSES (CONTROL) ACT, 1947

(BIHAR ACT 6 OF 1947)

This Act received the assent of the Governor-General on the 15th March,

1947, and the assent was first published in the Bihar Gazette, Extraordinary of the

16th March, 1947.

An Act to provide for the control of the distribution, supply, storage and price of

molasses produced by factories in the State of Bihar.

WHEREAS it is expedient to provide for the control of the distribution, supply,

storage and price of molasses produced by factories in the State of Bihar.

It is hereby enacted as follows:-

1. Short title, extent and duration. - (1) This Act may be called the Bihar Molasses

(Control) Act, 1947.

(2) It extends to the whole of the State of Bihar:

(8) 1 [x x x]

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context:-

(a) 'Controller' means the Excise Commissioner as defined in clause (7) of

Section 2 of the Bihar & Orissa Excise Act, 1915 (B. & O. Acts II of

1915);

(aa) 'Excise Officer' shall have the same meaning as is assigned to it by the

Bihar and Orissa Excise Act, 1915;

(b) 'Manager' in relation to a Sugar Factory, means the manager of the factory

appointed under section 13 of the Bihar Sugar Factories Control Act, 1937

(Bihar Act VII of 1937);

(c) 'Molasses' means final residual by-product of factories manufacturing

sugar from cane or by refining gur, by means of vacuum pans but does not

include convertible molasses, which are the final residual by-product of

sugar factories operating on the open pan system;

(d) 'Stockist' means any person holding stocks of molasses for distillation, or

for purposes of sale or resale under a licence granted under this Act;

(e) the words 'Cane', 'Factory', 'Occupier of a factory' and 'Sugar' have the

meaning respectively assigned to them in section 2 of the Bihar Sugar

Factories Control Act, 1937 (Bihar Act VII of 1937);

2 [(f) 'released molasses' means such molasses which is alloted to any distillery

of the State of Bihar, or to the distilleries outside the State of Bihar or to

any person.]

3 [(g) 'Prescribed' means prescribed by rules made under this Act]

4 [(h) 'Board' means Board of Revenue.]

1. Omitted by Act 1 of 1964

2. Subs. by Act 1 of 2000 (Amdt. & validating Act)

3. Ins. by Act 25 of 1977

4. Ins. by Act 7 of 1985

3. Submission of returns by occupiers of factories and stockists. - Every owner,

manager or occupier of a factory and every stockist shall furnish to the Controller

within the time and in the manner specified by the Controller such returns relating

to stocks of molasses as the Controller may, by order from time to time, direct.

1 [4. No molasses produced in the State nor any molasses held by the stockists in this

State, shall, without the permission of the Controller, be moved by rail, road or

river from any place in the State to any other place therein:

Provided that where an agreement or contract for the supply of molasses

has been entered into in accordance with the provisions of section 5, when the

Controller has issued direction under section 6, permission for such movement

shall not be refused by the Controller:

Provided further that the Controller shall not issue movement order for

any molasses except on payment of the permit fee by the person desiring to move

molasses, as may be prescribed by State Government from time to time by

notification in the Official Gazette:

Provided further also that no movement permit shall be required for

movement of any molasses to distilleries of this State.]

5. Occupiers of factories and stockists not to enter into agreement except with

the permission of Controller. - Notwithstanding anything contained in any other

law for the time being in force, no owner, manager or occupier of a factory or

stockist shall enter into any agreement or contract, express or implied, with any

person, other than the Government or a person, firm, company or association

licensed by the Controller in its behalf for the supply of molasses, except with the

permission of the Controller and subject to such terms and conditions as the

Controller may from time to time impose.

6. Power of Controller to issue directions. - The Controller may, from time to

time, issue directions to the owner, manager or occupier of any factory or to any

stockist to supply molasses to the State Government or to such distillery or

distilleries or to such persons or organisations at such times and in such manner as

may be specified in the directions.

1. Subs. by Act 7 of 1985

7. Compliance with directions issued by Controller. - Every owner, manager or

occupier of a factory and every stockist shall notwithstanding any agreement or

contract, express or implied, between such producer or stockist and any other

person made before or after the commencement of this Act, give priority to and

comply with any direction which may from time to time, be issued to him under

section 6, for supply of molasses to the State Government or distilleries.

8. Price of molasses. - No owner, manager or, occupier or a factory or stockist shall

sell molasses at prices exceeding those prescribed in Schedules A and B to this

Act during the period respectively specified therein:

Provided that the State Government may, from time to time, amend

Schedule B by a notification in the Official Gazette, if such amendment is

necessary by reason of any variation having occurred in the cost of storage of

molasses or loading or shunting charges.

1 [8A. Imposition of administrative charges on molasses. - Notwithstanding anything

contrary contained in section 8, the State Government may, in such manner and at

such rates as from time to time may be prescribed, impose on any sale or supply

of released molasses, charge for meeting the cost of establishment or supervision

and control over such releases and such charge shall be recoverable from the

person to whom such sale or supply is made:

Provided that the State Government may exempt or reduce charges in

respect of released molasses to the distilleries outside the State of Bihar.

Explanation. - For the purpose of the Act, any transfer of released molasses from

a sugar factory to its own distillery for captive consumption shall be deemed to be

supply.

2 [8B. No stockist of molasses shall engage in the business of sale or re-sale of molasses

and hold stocks for that purpose except under the terms and conditions of a

licence granted by the Controller of Molasses in the form prescribed and subject

to payment of licence fee as prescribed by the State Government from time to

time.]

2 [8C. Funds for regulation of adequate storage facilities in respect of molasses. - (i)

Every owner, occupier and manager of sugar factory shall, for the purposes of

construction and maintenance, of adequate facilities for the storage of molasses,

place in a separate fund such amount calculated at the rate as may be prescribed

by the Government by notification:

Provided that the amount as aforesaid shall not exceed one-third of the

price received in accordance with the rate prescribed in the Schedule referred to in

section 8-A.

(ii) The fund referred to in sub-section (i) above shall be accounted for, maintained

and operated in the manner prescribed by rule framed in that behalf.]

1. Ins. by Act 1 of 2000 (Amdt & validating)

2. Ins. by Act of 25 of 1977

3. Ins. by Act 7 of 1985

9. Act not to apply to certain molasses. - Nothing in this Act shall apply to

molasses which are the property of the Government nor to their transport under

and in accordance with Military Credit Notes and excepting the provisions of

section 8, noting in this Act shall apply to any contract or agreement to which the

State Government is a party.

9A. Disposal of adulterated or deteriorated molasses as waste. - The contents of

any tank or pit intended for the storage of molasses, not being molasses having a

density of not less than 80 brix and a fermentable sugar content (expressed as

reducing sugars) of not less than 37 per centum shall, if the Controller by order in

writing so directs, be disposed of as waste or in such manner as may be specified

in the order.

9B. Prohibition of adulteration of molasses. - An owner, manager or occupier of a

factory or a stockist or any other person shall not adulterate molasses having a

density or not less than 80 brix and a fermentable sugar content (expressed as

reducing sugar) of not less than 37 per centum and shall allow free access to any

Excise Officer deputed by the Controller to his factory or place of business and

afford such officer every facility for inspection of such premises.

9C. Provisions of storage tanks, etc. - If any owner, manager or occupier of a factory

or stockist is, by order, required by the Controller to construct tanks or other

receptacles for the storage of molasses within the precincts of his factory or place

of business, it shall be the duty of such owner, manager, occupier or stockist -

(a) to provide such tanks or receptacles within such time and in conformity

with such specification as may be specified in the order.

(b) to keep the tanks or receptacles in a proper state of repairs, and

(c) to take all reasonable precautions to ensure that the molasses stored in

such tanks or receptacles does not deteriorate in quality on account of any

intake of water or due to any other preventable cause.

9D. Provision of residential accommodation for excise officers. - If any owner,

manager or occupier of a factory or stockist is, by order, required by the

Controller to provide residential accommodation for an excise officer deputed by

the Controller to his factory or place of business it shall be the duty of such

owner, manager, occupier or stockist to provide the accommodation within such

time and on such terms including payment of rent thereof as may be specified in

the order and to keep such accommodation in a proper state of repairs.

9E. Power of entry, seizure and inspections. - (a) Any police or excise officer, not

below the rank of sub-inspector, or any other officer empowered in this behalf by

the Controller may, subject to such restrictions and exceptions, if any, as may be

imposed by the Controller-

(a) enter, inspect or search at any time, by day or night, any place of premises,

vehicles or vessels in which, he has reason to believe that any molasses, in

respect of which an offence punishable under this Act or any rule or order

made thereunder has been or is about to be, committed, is kept or

concealed or is in transit;

(d) seize or remove molasses together with any boxes, receptacles, packages

or coverings thereof held in contravention of the provisions of this Act or

any rule or order made thereunder; and

(e) detain in custody or arrest any person who has committed or is about to

commit an offence punishable under this Act or any rule or order made

thereunder.

(2) The provisions of the Code of Criminal Procedure, 1 [1898 (V of 1898)] relating to

arrests, detention in custody, searches, warrants of arrest, search warrants and the

disposal of property subject to decay shall, subject to the provisions of this Act,

apply to arrests, detention and searches made, warrants issued and the disposal of

molasses seized under this Act or any rule, order or direction made or issued

thereunder.

9F. Offences under this Act to be cognizable and bailable. - (1) An offence under

this Act or any rule, order or direction made or issued thereunder shall be

cognizable and bailable.

(2) No Court shall take cognizance of any offence punishable under this Act or any

rule, order or direction made or issued thereunder except on a report in writing of

the facts constituting such offence made by a police or excise officer not below

the rank of sub-inspector or any other officer empowered in this behalf by the

Controller.

10. Penalty. - If any person contravenes any provision of, or fails to comply with any

order or direction issued under this Act or the rules made thereunder, or makes

any false statement regarding any matter in respect of which he is required under

this Act or the said Rules to give information he shall be punishable with

imprisonment of either description for a term which may extend to three years or

with fine which may extend to ten thousand rupees, or with both.

Any Court trying a contravention of the provisions of sections 4, 6, 8, 9-A

and 9-B may direct that any molasses in respect of which the Court is satisfied

that any of the said provisions has been contravened, shall be forfeited to

Government:

Provided that a contravention of the provision of section 8, if made before

the commencement of the Bihar Molasses (Control) Third (Amendment) Act,

1959, shall not be punishable under this Act:

2 [Provided further that-

(i) (a) the Controller of Molasses may accept from any person, who is

reasonably suspected of having committed an offence punishable under

this section, a payment of a sum not exceeding rupees ten thousand in lieu

of prosecution or by way of composition for such offences as the case may

be; and

(b) in any case in which any molasses has been seized as being liable to

confiscation under this Act, may, at any time before the Magistrate has

passed an order under this section, release the molasses on payment of any

sum not exceeding the value thereof as estimated by the Controller of

Molasses including the administrative charges and movement permit fee.

(ii) When the payments referred to above have been duly made the accused

person, if in custody, shall be discharged and the molasses seized (if any)

shall be released and no further proceeding shall be taken against such

person or molasses.]

2 [10A. (1) An appeal shall lie to the Board from any order made by the Controller of

Molasses under section 10 of the Act:

Provided that every memorandum of appeal shall be submitted within

fifteen days from the date of communication to the appellant of the order appealed

against and shall be accompanied by order appealed against in original or by an

authenticated copy of such order unless the omission to produce such order or

copy is explained to the satisfaction of the Board.

(2) The State Government may on its own motion or on the application of any

aggrieved person, revise any order passed under this Act by the Controller, except

an order passed under section 10 of the Act:

Provided that no application shall be entertained under this section unless

it is made within thirty days of the order complained of.]

1. See non Cr. PC, 1973 (Act 2 of 1974)

2. Ins. by Act 7 of 1985

3. Subs by ibid

11. Effect of provisions inconsistent with other enactments. - The provisions of the

Act shall have effect notwithstanding anything inconsistent therewith contained in

any other enactment.

12. Protection of action under the Act. - (1) No suit, prosecution or other legal

proceedings shall lie against any person for anything which is in good faith done

or intended to be done in pursuance of this Act.

(2) No suit or other legal proceedings shall lie against the Government for any

damage caused or likely to be caused by anything in good faith done or intended

to be done in pursuance of this Act.

13. Power to make rules. - (1) The State Government may, by notification 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-

(a) prescribe the specifications and tests in respect of the purity of molasses;

(b) regulate the sale and price of molasses intended for use in distilleries or

for other purposes;

(c) prescribe conditions in respect of storage, loading and transport of

molasses at factories;

(d) prescribe the forms and returns to be submitted, and the records and books

to be maintained, by factories;

(e) prescribe the manner in which molasses produced in factories shall be

graded, marketed, packed or stored for sale;

1 [(f) regulate imposition and recovery of permit fee and administrative charges

on released molasses;]

2 [(ff) prescribe "the manner in which accounts of funds for regulation of

adequate storage facilities in respect of molasses produced in factories

shall be maintained and operated"].

1 [(g) any other matter which is required to be or which may be prescribed under

this Act.]

1. Ins. by Act 25 of 1977

2. Ins. by Act 7 of 1985

14. Repeal and saving. - (1) The Bihar Molasses (Control) Ordinance, 1946 (Bihar

Ordinance 1 of 1946) is hereby repealed.

(2) Any rule, order, notification, direction or permit made, issued given or granted or

deemed to be made, issued, given or granted under the said Ordinance and in

force immediately before the commencement of this Act shall continue in force

and be deemed to be a rule, order, notification, direction or permit made, issued,

given or granted under this Act; and anything done and any action taken in

exercise of any power conferred by or under the said Ordinance shall be deemed

to have been done or taken in exercise of powers conferred by or under this Act as

if this Act had commenced on the 1st October, 1946.

Schedule A

(See Section 8)

Price per Quintal of molasses including loading and shunting charges payable

during the period prior to the first day of January, 1959.

(i) Sugar factories in North Bihar …. 85 P

(ii) Sugar factories in South Bihar …. 50 P

1 [Schedule 'B']

(See Section 8)

Price for different grades of molasses payable to Sugar Factories :-

Grade of

Molasses

Percentage of total sugar

contents (expressed as

reducing sugar)

Price per quintal of molasses payable to

sugar factories including loading,

shunting & storage charges.

1 2 3

Grade I 50 per cent and above Rs. 45/- (Rs. Forty five) per quintal.

Grade II 45 per cent to 49.99 per cent Rs. 40/- (Rs. Forty) per quintal.

Grade III 40 per cent to 44.99 per cent Rs. 30/- (Rs. Thirty) per quintal.

Grade IV 37 per cent to 39.99 per cent Rs. 25/- (Rs. Twenty five) per quintal.

Below 37 percent Rs. 15/- (Rs. Fifteen) per quintal.

1. Subs by S.O 91 dated 18-01-1996

THE BIHAR MOLASSES (CONTROL) AMENDMENT AND

VALIDATING ACT, 1999

(Bihar Act 1, 2000) 2

AN

ACT

To amend the Bihar Molasses Control, 1947

Preamble:- Whereas, it was notified under notification No. 476 dated 22nd

December, 1995 that administrative charges at the rate of Rs. 15.00 per quintal of

Molasses having reducing sugar of 37 percent or more and at the rate of Rs. 10.00 per

quintal of Molasses having less than 37 percent reducing sugar shall be payable on supply

of released molasses to the distilleries within the State of Bihar.

And, whereas, some of the distilleres challenged the authority of the State regarding

imposition of administrative charges on molasses for supply to the distilleries within the

State.

And, whereas, in C.W.J.C No. 1907/96, 4536/96 and 2611/96 the Hon'ble High

Court held that the imposition of administrative charges on the molasses for supply to the

distilleries are without any legislative sanction as the State Government is empowered to

impose administrative charges only on released molasses, and released molasses under

the Bihar Molasses (Control) Act, 1947 means such molasses which is either considered

surplus to the requirements of the distilleries of the State of Bihar or which is unfit for the

use of such distillers.

And, whereas the Hon'ble Court also held that the State Government may impose

administrative charge on any sale of released molasses and therefore, there must be an

incident of sale and a seller and a purchaser of released molasses in order to attract

imposition of administrative charge under the provision of the Act;

And, whereas, the Hon'ble Court held that the demand of administrative charge

from the petitioners is bad because in case of captive consumption there would be hardly

any question of sale:

And, whereas, the Hon'ble Court has further held that since the administrative charges

were illiegally collected by the State, the petitioners would be entitled to refund of the

amount/ adjusted against their other dues with the Excise Department.

And, whereas, the aforesaid writ petitions were allowed and the notification

regarding imposition of administrative charge on Molasses to be supplied to the

distilleries within State of Bihar was quashed by order dated 18th December, 1996 of the

Hon'ble High Court;

And, Whereas it has become necessary to impose and validate administrative

charges on sale or supply of molasses to the distilleries within the State of Bihar in

accordance with the policy approved by the cabinet.

Be it enacted by the Legislature of the State of Bihar in the fiftieth year of the Republic of

India as follows:-

1. Short title, extent and commencement -(1) This Act may be called the Bihar

Molasses (Control) (Amendment and validating) Act, 1999.

(2). It shall extend to whole of the State of Bihar.

(3) It shall be deemed to have come into force with effect from 22nd

December, 1995.

2. Amendment of Section 2 of Bihar Act VI of 1947- In section 2 of the Bihar

Molasses (Control) Act, 1947, Bihar Act VI 1947 hereinafter referred to as the

said Act-

For clause (f) the following shall be substituted, namely:-

"(f)' released molasses means such molasses which is allotted to any distillery of

the State of Bihar, or to the distilleries outside of State of Bihar or to any person".

3. Substitution of new section for section 8A of Bihar Act VI of 1947:- For

section 8A of the said Act, the following section shall be substituted, namely;

"8A, Imposition of administrative charges on molasses- Notwithstanding any

thing contrary contained in section 8, the State Government may, in such manner

and at such rates as from time to time may be prescribed, impose on any sale or

supply of released molasses, charge for meeting the cost of establishment or

supervision and control over such releases and such charge shall be recoverable

from the person to whom such sale or supply is made:

Provided that the State Government may exempt or reduce charges in respect of

released molasses to the distilleries outside the State of Bihar.

Explanation:- For the purpose of the Act, any transfer of released molasses from

a sugar factory to its own distillery for captive consumption shall be deemed to be

supply.

4. Validation of collection of administrative charges:- Notwithstanding any

judgment, decree, or order of any court to the contrary, every notification issued

for purported to have been issued under Rule 4A of the Bihar Molasses (Control)

Rules, 1955, before the commencement of this Act shall be deemed to have been

issued under section 8A read with the provisions of clause (f) of section 2 as

amended by this Act and shall be so interpreted and be deemed to have always to

have been valid as if the provisions of section 2 and 3 of this Act were in force at

all material time, and accordingly anything done or any action taken (including

any order made, proceeding taken, jurisdiction exercised, assessment made, or

administrative charges levied, collected or paid or purported to have been done or

taken in pursuance of any such notification shall be deemed to be, and always to

have been validly and lawfully done or taken.

2. Published in the Bihar Gazettee (Extra ordinary) dated on 10-01-2000.

ANNEUXRE-A: EXTRACTS OF AMENDING ACTS

Bihar Molasses (Control) (Amendment) Act, 1977 (Extracts)

(Bihar Act 25 of 1977) 1

An Act to amend the Bihar Molasses (Control) Act, 1947

Be it enacted by the Legislature of the State of Bihar in the twenty eight year of

the Republic of India as followed :-

1. Short title:- This Act may be called the Bihar Molasses (Control) (Amendment)

Act, 1977.

2. to 5- Incorporated in the text of the Act at proper places.

6. Validation of collection of administrative charges: Notwithstanding any

judgment, decree or order of any court to the contrary, every notification issued or

purported to have been issued under rule 4A of the Bihar Molasses (Control)

Rules, 1955 before the commencement of this Act shall be deemed to have been

issued under section 8A read with the provision of clause (f) of section 13 as

added by this Act and shall be so interpreted and be deemed to be always to have

been as valid as if the provisions of section 4 and 5 of this Act were in force at all

materials times; and accordingly, anything done or any action taken (including

any order made, proceeding taken, jurisdiction exercised, assessment made, or

administrative charges levied, collected or paid, purported to have been done or

taken in pursuance of any such notification) shall be deemed to be, and always to

have been validly and lawfully done or taken.

7. Repeal and saving - (1) The Bihar Molasses (Control) Fourth amendment

ordinance, 1977 (Bihar Ordinance 209 of 1977) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any

power conferred by or under the said Ordinance shall be deemed to have been

done or taken in the exercise of powers conferred b y or under this Act as if this

Act were in force on the day on which such thing or action was done or taken.

1. Published in Bihar Gazettee (ex-ord) dated 26-12-1977.

BIHAR MOLASSES (CONTROL) AMENDMENT ACT 1985 (EXTRACTS)

(Bihar Act, 7 of 1985) 1

An Act to amend the Bihar Molasses (Control) Act , 1947

Be it enacted by the Legislature of the State of Bihar in the Thirty Sixth year of

the Republic of India as follows:

1. Short title and commencement - (i) This Act may be called the Bihar Molasses

(Control) (Amendment), Act, 1985.

(ii) It shall come into force at once.

2. to 7. Incorporated in the text of the Act.

8. Repeal and saving (1) The Bihar Molasses (Control) (Amendment)

Second Ordinance, 1985 (Bihar Ordinance no. 22 of 1985) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of the

powers conferred by or under the said Ordinance shall be deemed to have been

done or taken in exercise of the powers conferred by or under this Act as if this

Act was in force on the day on which such thing or action was done or taken.

1. Published in Bihar Gazettee (ex-crd) dated 08-08-1985

ANNEXURE B: NOTIFICATIONS

No. D/A3-402/67E-741, dated the 5th June, 1967. - In exercise of powers conferred by

rule 4-A of the Bihar Molasses (Control) Rules, 1955 and in supersession of Government

Notification No. 660-E, dated the 16th June, 1961, it is hereby notified that with effect

from the date of this notification, a sum of Rs. 7.00 per quintal of molasses having

reducing sugar of 37% or more and a sum of Rs. 3.00 per quintal of molasses having less

than 37% reducing sugar shall be levied on molasses released for sale from the sugar

factories of this State except on molasses allotted to distilleries of this State in accordance

with the directions issued u/s 6 of the Bihar Molasses (Control) Act, 1947, as amended.

No. D/A3-420/67E-1081, dated, the 21st July, 1967. - In exercise of the powers

conferred by Rule 11-A of the Bihar Molasses (Control) Rules, 1955, the Governor of

Bihar is pleased to notify that with effect from the date of the notification, the permit fee

per quintal of molasses will be rupee one.

No. D/A2-107/70-724, dated the 7th May, 1970. - In exercise of powers conferred by

Rule 4 of the Bihar Molasses (Control) Rules, 1955 and in partial modification of

Government Notification No. D/A3-402/67E 741, dated 5.6.67, it is hereby notified that

with effect from the date of the notification, a sum of Rs. 4/- per quintal of molasses

having reducing sugar of 37% or more shall be levied on molasses released for sale from

the sugar factories of this State except on Molasses allotted to the Distilleries of this State

in accordance with the directions issued under Section 6 of the Bihar Molasses (Control)

Act, 1947 (Act VI of 1947) as subsequently amended.

No. D/A1-10-104 E-413, dated the 17th April 1974 Published in Bihar Gazettee

Extraordinary dated the 25 th

April 1974. - In exercise of the powers conferred by rule

4 of the Bihar Molasses Control Rules, 1955 and in partial modification of Government

notification nos. D/A3-402/67-741 dated 5th June, 1967 and D/A2-107/70-724, dated the

7th May 1970 and D/A2-401/72-344, dated the 11th February 1972 it is hereby notified

that with effect from the date of this notification, a sum of Rs. 14 per quintal of molasses

having reducing sugar of 37 per cent or more and a sum of Rs. 10 per quintal of molasses

having less than 37 per cent reducing sugar shall be levied on molasses for sale from the

sugar factories of this State except on molasses allotted to distilleries of this State in

accordance with the directions issued under section 6 of the Bihar Molasses (Control)

Act, 1947.

S.O.1249, dated 12th September 1977. - In exercise of the powers conferred by section

8-A of Bihar Molasses (Control) Act, 1947 (Bihar Act VI of 1947) as amended by the

Bihar Molasses (Control) (Third Amendment) Ordinance, 1977 (Bihar Ordinance no. 159

of 1977), it is hereby notified that with effect from the date of the publication of this

notification in the Official Gazette:-

(i) A administrative charge at the rate of rupees seven per quintal shall be

payable on released molasses having reducing sugars of 37 percent or

more, and at the rate of rupees five per quintal on molasses having

reducing sugars of less than 37 percent.

(ii) That administrative charge at the above mentioned rate shall be payable on

released molasses supplied to the distilleries outside the State of Bihar.

S.O. 1251, dated 12th September, 1977. - In exercise of the powers conferred by second

proviso to section 4 of the Bihar Molasses (Control) Act, 1947 (Bihar Act VI of 1947), as

amended by the Bihar Molasses (Control) (Third Amendment) Ordinance, 1977 (Bihar

Ordinance no. 159 of 1977), it is hereby notified that a permit fee of rupee one per quintal

of molasses shall be payable for movement of released molasses with effect from the date

of notification.

S.O. 175, dated the 8th February 1984. - In exercise of the powers conferred by section

8-A of the Bihar Molasses (Control) Act, 1947 (Bihar Act VI of 1947), as amended by

the Bihar Molasses (Control) Act, 1977 (Bihar Act no. 25 of 1977), the provision of

notification no. 1306, dated the 24th October 1983, is hereby modified from the date of

the issue of the notification upto 1st May 1984-

(1) An administrative charge at the rate of Rs. 2 (two) per M.Ton (20 paise

per quintal) shall be payable on released molasses having reducing sugar

of 37 percent or more, and at the rate of Re. 1 (one) per M.Ton (10 paise

per quintal) on molasses having reducing sugar of less than 37 percent.

(2) That administrative charge at the above mentioned rate shall be payable on

released molasses supplied to the distilleries outside the State of Bihar.

S.O. 419, dated 23rd November, 1994. - In exercise of powers conferred by second

proviso to Section 4 of the Bihar Molasses (Control) Act 1947 (Bihar Act VI of 1947), as

amended by the Bihar Molasses (Control) (Third amendment) Ordinance, 1977 (Bihar

Ordinance No. 159 of 1977), the Governor of Bihar is pleased to enhance the rate of

permit fee from Rupee one per quintal of Molasses, fixed by Notification No. S.O. 1251,

dated 12th September 1977 to Rs. 5 (Rupees five) per quintal of molasses for movement,

with effect from the date of notification.

S.O. 97, dated 1st August 1995. - In exercise of powers conferred by section 8-A of

Bihar Molasses (Control) Act, 1947 (Bihar Act 6 of 1947) and Rule 4-A of Bihar

Molasses (Control) Rules, 1955, the Governor of Bihar is pleased to revise the

administrative charges as levied on released molasses, by Notification No. S.O. 1249,

dated 12th September 1977 as follows:-

(1) Administrative charge shall be payable, on released Molasses containing

37% and above reducing sugar at the rate of Rs. 15 (Rupees Fifteen) per

quintal and at the rate of Rs. 10 (Rupees ten) per quintal on released

molasses containing reducing sugar less than 37%.

(2) Administrative charges at the above mentioned rates shall be payable on

the released molasses intended for supply to the distilleries of outside the

State.

S.O No. 476, dated 22nd December 1995- In exercise of powers conferred by section

8A of Bihar Molasses (Control) Act, 1947 (Bihar Act 6 of 1947) and Rule 4A of Bihar

Molasses (Control) Rules 1955, the Governor of Bihar is pleased to amend the

notification published under S.O 97 dated 1st August 1995, as follows:-

AMENDMENT

Following para is added after Para (2) of notification no. S.O 97, dated 1st August 1995-

(3) Administrative charges at the above mentioned rates shall be payable on the released

molasses intended for supply to the distilleries situated within the state.

This will come into force with effect from the date of publication of notification in

official gazettee.

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