Uttar Pradesh act 024 of 1953 : The U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (U.P. Act XXIV of 1953)

(1) This Act may be called the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force at once.

In this Act unless there is anything repugnant in the subject or context:
(a) Assigned area means an area assigned to a factory under Section 15;
(b) ¹[***];
(c) Cane means sugarcane intended for use in a factory ²[or gur, rab or khandsari sugar manufacturing unit];
(d) Cane Commissioner means the Officer appointed to be Cane Commissioner under Section 9, and includes an Additional Cane Commissioner appointed under Section 10;
(e) Cane-grower means a person who cultivates cane either by himself or by members of his family or by hired labour and who is not a members of a Cane-Growers' Co-operative Society;
(f) Cane-growers' Co-operative Society means a society registered under the Co-operative Societies Act, 1912, one of the objects of which is to sell cane-grown by its members and includes the federation of such societies registered under Section 8 of the said Act;
(g) Collector includes any person whom the State Government may, by notification appoint to exercise and perform the powers and duties of Collector under this Act;
(h) Council means the Cane Development Council established under Section 5;
(i) Crushing season means the period ³ [beginning on the 1st October in any year and ending on the 15th July next following;]
⁴ [(i-i) Ethanol means anhydrous ethyl alcohol of minimum 99 percentage strength, produced directly either from sugarcane juice or B-Heavy molasses or both. Explanation - When a sugar factory produces ethanol directly from sugarcane juice of BHeavy molasses, the recovery rate in case of such sugar factory shall be determined by considering every six hundred litres of ethanol so produced as equivalent to one ton production of sugar;]
⁵ [(j) Factory means any premises, including the precincts thereof wherein twenty or more workers are working or were working on any day during the preceding twelve months and in any part of which any manufacturing process connected with the production of sugar by means of vacuum pan process or ethanol either directly from sugarcane juice or molasses, including B-Heavy molasses, or both as the case may be, is being carried on or is ordinarily carried on with the aid of mechanical power;]
⁶ [(j-i) Gur, Rab and Khandsari Sugar Manufacturing Unit means a unit engaged or ordinarily engaged in the manufacture or production of gur, rab or khandsari sugar in a reserved area, and which is capable of handling sugarcane juice produced with the aid of a crusher driven by any mechanical power;]
⁷ [(j-ii) Inspector means any person appointed or any officer designated as inspector under Section 11;]
⁸ [(k) Occupier in relation to a factory or a gur, rab or khandsari Sugar Manufacturing Unit, means the person (including a company, firm or other association of individuals) who, or the authority which, owns or has the ultimate control over the affairs of such factory or unit and where the said affairs are entrusted to a Managing Agent or a Director or other Officer of such person or authority, includes such Managing Agent, Director or other officer; Explanation - Notwithstanding that the affairs of a factory or unit are entrusted to a Managing Agent or a Director other officer, the liability under Section 17 of the person, who or the authority which owns or has the ultimate control over the affairs of the factory or unit shall remain unaffected;]
(l) Prescribed means prescribed by rules;
(m) ⁹ [* * *]
¹⁰ [(n) Reserved area shall mean the area reserved for a factory under an Order for reservation of Sugarcane areas made under Rule 125-B of the Defence of India Rules, 1962, and when no such order is in force, the area specified in an order made under Section 15;]
(o) Rules means a rule made under this Act;
(p) State Government means the Government of Uttar Pradesh; and
(q) Sugar Commissioner means the officer appointed to be Sugar Commissioner under Section 9 and includes ¹¹[ and Additional Sugar Commissioner] appointed under Section 10.

¹[***]

¹[***]

(1) There shall be established for the reserved area of a factory a Cane Development Council (hereinafter called the Council) which shall be body corporate by the name of such area or such other name as may be prescribed, having perpetual succession, and subject to such restrictions or qualifications as may be imposed and subject to such restrictions or qualifications as may be imposed under this Act or any other enactment, vested with the capacity of suing and being sued in its corporate name, of acquiring, holding, administering and transferring property both movable and immovable, and of entering into contracts :
Provided that where the Cane Commissioner so directs the Council may be established for a larger or smaller area than the reserved area of a factory.
(2) The area for which a Development Council is established shall be called a zone.
¹[(3) The Council shall consist of the following, namely:-
(i) two representatives of the sugar factory concerned, to be nominated by the occupier;
²[(ii) seven representatives of the Cane-grower's Co-operative Societies functioning in the reserved area, to be elected by the members of the Committees of Management of such societies from amongst the members of such societies; Provided that out of seven representatives one representative shall be from the persons belonging to the Scheduled Castes or the Scheduled Tribes and one from the persons belonging to the Other Backward Classes and one representative shall be a woman.]
(iii) one representative of the licensed power driven khandsari manufacturing units in the reserved area, to be elected by their owners;
(iv) the District Cane Officer;
(v) the Sugarcane Protection Inspector;
³[(vi) the Seed Production Officer;]
(vii) the Senior Cane Development Inspector, who shall be ex officio Member-Secretary.
(3-A) The members of the Council shall elect ⁴[from among the five representatives] referred to in clause (ii) of sub-section (3) a person to be the Chairman of such Council;]
⁵[(4) The term of council shall be co-terminus with the term of Cane Co-operative Society and upon its expiry the council shall be re-constituted in accordance with the provisions of sub-section (3).]
(5) Where a Council is dissolved the following consequences shall follow:
(a) ⁶[the Chairman and all members but not the Secretary] shall on a date to be specified in the order vacate their offices but without prejudice to their eligibility for appointment or nomination as member:
(b) the Council shall be reconstituted by the Cane Commissioner in accordance with the provisions of sub- section (3): and
(c) the duties, power and functions of the Council shall, pending its reconstitution, be discharged, exercised and performed by the ⁷[Secretary] for such period and subject to restrictions as may be specified in the order.

(1) Functions of the Council shall be-
(a) to consider and approve the programme of development for the zone;
(b) to devise ways and means for the execution of the development plan in all its essentials such as cane varieties, can seed, sowing programme, fertilizers and manures;
(c) to undertake the development of irrigation and other agricultural facilities in the zone;
(d) to take necessary steps for the prevention and control of diseases and pests and to render all possible help in the soil extension work;
(e) to impart technical training to cultivators in matters relating to the production of cane;
(f) to administer the funds at its disposal for the execution of the development scheme subject to the general or special directions of the Cane Commissioner; and
(g) to perform other prescribed functions pertaining and conducive to the general development of the zone.
(2) The State Government may by rule provide for an annual meeting of all the Development Council in a district. Every such meeting shall be presided over by the Collector.

A casual vacancy in the Council shall be filled up, as far as may be, in the manner stated in sub-section (3) of Section 5.

(1) There shall be a fund at the disposal of the Council to meet the charges in connection with the discharge of its duties and performance of its functions under this Act.
(2) The fund of the Council shall consist of -
(a) grants, if any made by the Indian Central Sugarcane Committee;
(b) grants, if any made by the State Government;
(c) contributions made by the sugar factories, ¹[Gur, Rab or Khandsari Sugar Manufacturing Units] and 'Cane- growers' Co-operative Societies at rates to be prescribed; and
(d) any other sums, which the State Government may require to be credited to it.

¹[If at any time, the State Government is, after taking into consideration the explanation, if any, of the Council, satisfied that the Council has made a willful default in the performance of any of its functions and duties under this Act, it may, by notification, supersede the Council for such period as may be specified, and shall make such arrangements for the performance of the functions and duties of the Council, during the period of supersession, as it may deem fit.]

The State Government may for purpose of this Act appoint-
(a) a Sugar Commissioner; and
(b) a Cane Commissioner;
who shall perform the duties and exercise all powers conferred or imposed upon them by or under this Act:
Provided that nothing in this section shall prevent the State Government from appointing the same person to be Sugar Commissioner and the Cane Commissioner.

¹[The State Government may appoint any person or designate any Government Officer as Additional, Deputy or Assistant Cane Commissioner or Additional, Deputy or Assistant Sugar Commissioner.]

(1) The State Government may for purposes of this Act appoint any person or designate such officers of the Government as it thinks fit to be Inspectors within such local limits as may be assigned to them.
(2) The Inspectors shall perform the duties and exercise the powers conferred or imposed upon them by or under this Act.

(1) The occupier of a factory shall maintain in the prescribed form a register of all such cane-growers and Cane-growers’ Co-operative Society or Societies, and shall sell cane to that factory.
(2) The State Government may, by rules, make provision for the following-
(a) correction of entries made in the register and addition of new entries if necessary;
(b) fixing of prices in respect of entries so corrected or added in the register and prescribing of the procedure for payment of such price; and
(c) the supply of copies of entries made in the register on payment of the prescribed fee.