. Pb. Act XL] SUGARCANE (REGUL, 1953 : P PURCHASE AND suApT;y?;l) o m
. PUNJAB SUGARCANE (REGULA THE JURCHASE AND SUPPLY) ACT, ooN OF
TABLE OF CONTENTS
SECTIONS.
1. Short title, oxtent and commencement, Definitions.
Sugarcane Control Board.
Appointment of Cane Commissioner. Determination of ''occupier" for purpose of this Act, Appointment of an agent.
Licensing of Purchasing.
Duties of an agent.
P
P
N
A
W
Penalty for contraventions not otherwise provided for, s Estimate of quantity of cane required by factdry. Survey of area.
I Powors to declare varieties of cane to be unsuitablo for use in factories.
—_
» Prohibition of distribution of certain kinds of seedcane, 14, Purchase of cane in assignoed area.
I5. Purchase of cane outside the assigned area. 16, Maintenance of register.
Tax on the purchase of cane.
17A. Power to refund tax on cane untilized for manufacturing sugar exported out of India.
Institution of proceedings.
Bar of suit or other proceedings.
Power to make rules.
Repeal of the Sugarcane Act, 1934, and the Sugarcane (Punjab Amendement) Act, 1943, and saving.
G Scanned with OKEN Scanner
1
refinitions.
276 SUGARCANE (REGULATION OF [1953 . Pb. 4 PURCHASE AND SUPPLY) * Aet x
(3) It shall come into force at once,
2. In this Act unless the contex( otherwise Tequireg
(7) "assigned area" means an area assigned factory under this Act : g to 2
(2) "Board" means the Sugarcane_Contro] Board;
(3) "cane" means sugarcane intended for yse in afactory ;
(4) "Cane Commissioner" means the officer ap- ?omtpd by the Government to perform the unctions of Cane Commissioner;
(5) "cane-grower" means a person including a tenant who cultivates cane either himself or through members of his family or through hired labour , and who is not a member of a Cane-grovers' Co-operative Society ;
(6) "Cane-growers' Co-operative Sociely" means a society registered under Co-operative Societies Act, 1912, one of the objects of which is to sell scane grown by its members ;
(7) "Collector" means (he Chief Revenue Authority of a district ; b
(8) "crushing season" means the period commenc- ing on the 15th day of October in any calendar year and ending on the 30th June of the follow Ing year ;
(9) "factory" means a sugar factory wherein éo or more workers are working, or were woi' A ing, on any day of the proceeding twel v_ months, and in any part of which any manl;- facturing process connected with the pr'odqI tion of sugar is being carried on or is ordinarily carried on with the aid of power:;
(10) "Government"' means the 1[Cental Govern' ment].
i isa tion 'Substituted for the words**State Government" by tho Punjab Reorganissio (Chandigarh) (Adgplalior:v of Laws on State and Concurrent (Subjects) Order, 19 G Scanned with OKEN Scanner
2
, pp. Act XL
SUGARCANE (RE
GULA
P PU
RCHASE AND SUPPL
\T(;ON or M
1) «gccupier of a facto ry" mean
(1 Sho has co ntrol_over the aflairsso}h:fp erson
vhere the affair s of a factory ar e en?:l:;%'
a
A
(o the mana ging agent, such agent ; ibed" means prescribed by rules made
1[Union territory of
Government s
hall establish a
nd constitute Su
gee Coutrol
3
rd. 3, (1) The o Sugarcan® trol B.oard' for the State and ascribe to
it such duties and functions in pursuance of the provision s
may be pres
cnbed.
of this Act, a8
(2) The Boar d shall consi st of fifteen members.
he Board
(3) The ter m of the Bo
ovided that t he Govern ment may d issolve ¢ i
if it is satisf ied that it is
pri
before the exXp y of its term
pecessary to do so.
ard shall be three Years; (9 No proc
eedings of the invalid for th e mere fact
that there w as oné or
filled vacancy in the Board a
t the time
ings took place.
.
4. The Governmen t ma¥ appoint a1y i
be (he Cane Comm issioner and may 8ls appoll. cary
?lher staff, body oOr commilte e as may be
d:r this
:étthe perfor mance of
any duty o
r funetion
34
o or apuema® ractory, 15 & I 0o e ab
o 5, Where
the occupier
of a *
gempany of N e t associalion:
4% one of it8
PAns
u';gctors,' or memb ers may
and P
er this Act for any OffCce
of the factory is punnshy unjab """filfig{n
15,
(Chapg istituted for the gs "state of P
digarh) (Adaptation ovfol{a:vs onaS!a!c and Co
(& scanned with OKEN Scanner
3
Y
SUGARCANE (REGULATION OF [1953 , P
gl PURCHASE AND SUPPLY) LA Xt Provided that suchfirm or compan or - may give notice to the Cane Con}nugsio%er '?1":'00'12111'-,"
nominated one of its partners or directors OF mept hag be the occupier of the factory for the PUrposes Frs to Act and such individual shall be deemed to be the ocn. this
for the purposes of this Act until further Notice Cancé'l-'"
his nomination is received by the Cane CommiSSione,mg
Appointment of an 6. (1) No cane shall be purchased fo, a sy agent, factory unless its occupier has, in the prescribed fogar sent a notice of such intention to the Cane Comlnjssio;e nominating one or more person as agents for making Suclrl purchases, and no agent shall be changed, without prior notice in writing to the Cane Commissioner,
(2) Any person appointed as agent under sub- section (1) shall deposit as security a sum of Tupees one thousand in cash or Government Promissory Notes and no person shall be deemed to have been appointed as agent until such deposit is made, and he has been given a licence in the manner prescribed. Licensing of 7. (I) No person shall act as purchasing agent Purchasing. under this Act, unless he has been licensed as such in the prescribed manner.
(2) No person other than a purchasing agent shall be employed by an occupier of a factory to do any work in conneclion with any (ransaction for the purchase of cane
within the State.
(3) A licence shall not be granted to any person uqde'l' sub-section (1) unless such person has paid the rescrlbee deposit or furnished the prescribed security and the Cflff Commissioner may subject to rules made in this behall, in case of any breach of the conditions of the llcencgi order that the deposit paid or security furnished in res °."
of such licence sgall be forfeited to Government or § ti}'w
not be returned before the prescribed period or (hatu o
whole or any portion of such deposit or security sha e
paid to any person who has suffered any loss owing to
misconduct or default of such licensee,
1l Duties of an agent. 8. (1) The agent or agents of a sugar t:ac(gry ;?:"
maintain an office in one or more places within the
G Scanned with OKEN Scanner
4
= 1953 .Pb. Act XL] SUGARCANE (REGULA PURCHASE AND sbpq;,&')op P be required by the C . s MY ane Commissi
aintain such accounts and submit S::;}or:g, o Siatements as may be prescribed. s and
) If an occupier or an agent —
(a) intentionally fails to maintai aintain document or register, or
correctly any
(b) intentionally commits any b condition or duty imposcyd un:icearChthx%f .:;y he shall be punishable with fine which may
extend to two thousand rupees for every suci
failure or breach.
. An TS i
181, Penalty for contrae 9 y person contravening any of the provisions of Tertel nor other -
Act or of any rul
is otherwise provided, sha ll be punishable with fine w hich
may extend to two tho
usand rupees.
10. (1) The Cane Co mmissioner may occupier of any factor y fto submit to him o n or before aurd i i
ity of cane factory- any specified date, an est mate of the quantity
intended to be purc hased for his facto ry during any
particular crushing seas on.
(2) On receipt of an estimate, the sioner shall caus e the same to be submitted to the Sugarcane Control Board for th eir approval.
C
Board shall be compete nt . onfirm , mOdt"Z or rejoc
the estimate, and i n case of its not be ing rejgg s% d)
the area from whi e purc d
term and condition s a5 1
(3) If the Su garcan® Cont rol Boarfd i stfig lhgrzglsr:c ;n
that a survey of any ared i s necessary :
;] mismpo cposs <
assigning it to a fa ctorys the Can "Bl result to the
cause such su
rvey to be ma
ce nd rep
Sugarcane Con
trol Board:.
1 ¢ ¢
be payable b
y the occupi
er ©
f
i
inbefore
11. () Eve ry survey mqntg)% edthe é'z'let ile]bCCOHl- shall be made by an officer authtz]r){csg y missioner in the manner
prescribec- e made thereunder, for whi ch no penalty wise provided for- Estimate
order the ity of sape
y
Survey of ared
G Scanned with OKEN Scanner
5
RCANE (REGULATION OF [1953 . Pb, Ac
20 SUGP/:JRCHASE AND SUPPLY) t X,
2) Every person owning or occupying lang any fll'e(a)il' respect of \v_hlch a survey is bemg Mmade Shal]l afford to the officer making the said survey such aSSiStan% and facilities for making the said survey as may be fle%ssary
3) Any amount due from the occupier of 5 factory ; 1-cspe(cl) of a survey shall be recoverable from sycp Orglcul} pier as an arrear of land revenue, Powers to declare 12. The Government may, on the recoxpmendatim, be unsuitable for of the Sugarcane Contro] Board, declare unsuitable for a]) use in factories. . any factory cane of any variety grown in any arey
competent to purchase any cane declared unsuitable for his factory.
S § 13 (D) The occupier of 4 OLCAREY or any oter
gerain kinds of persop acting on his behalf shall not distribute seed cane
seedcane. of any variety to any person to be used by cane-growers or the members of Cane growers' Co-operative Societies I any area if the same has been declared under this Act, to be unsuitable for the factory. Purch, f in assiged 20 14, (1) A cane-grower o 4 Cane-growers® Co-opera-
Which the areq ig assigned, cane own by the cane-grower
or by the members of sycp Cag:e-growers' Co-operative i
Sociely, as he Case may be, not exceeding the quantity i gregcnbed for such grower o Cane-growers' C o-operative > y.
tive Society, a5 the case may be, in such form, by such date and on such tepyy and conditions as may be prescribed, o e Purbose of pur chasing the cane offered in accordance e Sub-section (1), No person other than the agent dorementioned gpqli purchase or enter into an agreement ¢ Purchase cane groyp by members of a Cane-growers
G Scanned with OKEN Scanner
6
= 1953 © Pb. Act XL]
SUGARCANE (R
PURCHASE AYSDISI_'IJ}I;'AIT'I!;) NoF
281
Co-operative Soci ety from an
1
L )
dance with such
"gr°°mel¥h t her person excep t in
accor'
(3) Except with the permiss io
. 3
sston ne grown in an a SSIgncJ arca sh:\ ll(:,ro:hge Govern ment,
any person
other than th e agent of the h ciopur?ha
sc(l b
such area has b een assigned
. actory for w hic
It shall be comp etent for the <
.
me resc
:
to spec!fy any arca wi thin the assigne% ar;zll bg(fl 3 ltl'!xic';?my the entire cane of wh icharea the agent of t he sa(id 'fac?cg v shall be'bound to purc hase, and the cane-grow ers or Canejf
OWETS Co-operat
ive Society shall be bound to sell to th e
Purchase of can
® said agent.
15. If the cane-g rowers or Cane-grow ers' Co-0pera- ;i . o the assigned area are n ot -
tive Society or
.Societies i
willing to enter int o agreement fo sup ply or fail to supply the requisite quan tity of cane, the
agent may, after g iving
the prescribed noti ce to the Cane Com missioner, purchase the balance of th
e cane required b
y him from outsid
e the
assigned area. Maintenance of
16. (1) The agent of 2 factory for th e DUTPOSES Xgis ter.
been assigned shall maintain
2
of which an ar ea has
register in the prescrlbed form and manner.
(2) The Gove rnment may prescribe the pro
for—
cedure
of entries in, and the addition
a) the cor rectiont ind
= of ne w entries, 10> such register;
(b) the 'pay ment of co sts i connet chzonn\lagltllgei ucig
correction
Of addition
, anli e
which suc
h cosis sh
all be red
zed |
i ies
in
(c) the su pply, 0P payment, of copies of entri s the register : nays a"eff fi;,";'"'a';; pur-
vernment
17. (1) The '[CS egéglcaf;'cOmml Boar d,
_/
consultat
ion with
the
'
'
j
anisation.
by P
Reci 1568,
o vernment Go d Concurrc
.
«wgtate 1Substituted for th e words' 2
te an
ubstituted 0 ation of LaWS on Sta G Scanned with OKEN Scanner
7
GARCANE (REGULATION OF [1953 . P, 82 sv PURCHASE AND SUPPLY) b. Act Xy not exceeding three annas per maund fiftg'ne by or on behalf of a sugar f:
» 0N the u UBAr actory ang ,,Pur is so imposed it shall be notified in the officj fie" and shall be charged, levied and Collected ip the ;::lte, prescribed ; Ner
chaSe
Provided that a nolification imp, sing the ¢ issued during a crushing season shall be, and shay gx deemed always to have been, in operation from °°mmenc; ment of such season.]
(2) All sums due a5 the afore- not paid by the dye date, sha]l be i of land revenue. Mentioned t, X, and €Coverable a5 arears
Power torefund tax 2[17-14 . oncane utilized for manufacturing has exported out of India any quantity of sy, S}x{iard_txpomd out factured by it, may refund 0] 1a. Institution of 18. (1) No prosecution shall pe instituted under
proceedings,
this Act except upon g complaint made by a District Magistrate.
exceeding two thousand Tupees judgment in the case has been announced.
(3) No court inferior to that of 5 *[Judicial Magistrate] of the first class shal] try any offence under this Act. Bar of suit or other 19. No suit, Prosecution or other legal proceedl"g proceedings. shall lie against the overnment or against any ersl'))6 for anything which s ip 8ood faith done or intended to done under this Act of the rules framed thereunder. -—
1Added by Punjab Act No. 19 of 1959,
*Inserted by Punjab Act No. 7 of 1966. *Substituted for the word "Magistrate by Punjab Act No. 25, 1964.
(& scanned with OKEN Scanner
8
1953 ¢ Pb. Act XLI SUGARCANE (reguLTion OF 283 PURCHASE AND SUPPLY)
20. (I) The Goverriment m o 1 a out the provisions of thi s Act, Yy make rules to carry Pover to make
rules,
2 In particular and without prejudice to the e gene- rality of the foregoing powers
for :—
» such rules may provide
(a) the constitution, powers ¢
of the Sugarcane Contfofilg&sr ;r}d procedure
b) the powers i ® sion%r ; and duties of the Cane Co mmis-
(C) the authorl'fies by WhiCh any fullct'l ons under this Act or the rules made 'hefe\lflde are t N T are to
(d) the form in which any notice i
e et should bo ygiven
;s required under
(e) the procedure to be followed in making a
survey under.this Act, the manne r of calculating
the cost of such survey, the amount to be
deposited in connection therewith and the
assistance to be affo
rded by owners and
occupiers of land to
the officer making such survey ;
(f) the form of agreement to be entered into for N the purchase of cane, the date by which such agreement sh ould be made and the terms and conditions thereof 3
i
hased
tity of cane which may be purct
® til:]e ;lxi la:s;i)éned
area ldunng
any partlcul ar
crushing season the maintenance <, of n
otices and
® thf? p
ost;gg r
egisters an
d ac oui\ts
faggptig:
of Teeon
of returns:
the supply
© cople
s
; ?herein
and the fe
es to be c
harg
o minimum price of
. d by Ww i v 2 'l::eangg 'tl(l)obe fix}éd_undef.'h's Act,
G Scanned with OKEN Scanner
9
T
284 SUGARCANE (REGULATION OF [1953 : Ph, 4 PURCHASE AND SUPPLY) « Act
(j) the form and manner in which applicar: for licences may be made, the tI:Ir)nla?"om conditions of "each licence, thejy renen 4 suspension and cancellationt anq the fo 2 be charged for the same ; feesty (%) the correct weighment of cane, the provic:
of facilities for weighment and for %];'e'gil!gn
weighments, and timings of weighmens ¢
(1) the payment of the price for cane ;and
(m) any other matter which is to be or may pe prescribed under this Act. Repeal of the 21
Sugarcane Act, P3.andthe" in S0 far as it is applicable to the State of Punjab, and the been done or taken under the 'Punjab Sugar Factories Control Act, 1950 (Punjab Act I of 1950) shall, to the extent of being consistent with the provisions of this Act, as if this Act were in force at the time when such thing was d_one or such action was taken.
G Scanned with OKEN Scanner
10