LexThe Maharashtra Regulation of Sugarcane Price (Supplied to Factories) Act, 2013
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2013 : Mah. XXXIII] 1
THE MAHARASHTRA REGULATION OF SUGARCANE PRICE
(SUPPLIED TO FACTORIES) ACT, 2013
[Text as on 21st May 2024]
________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Sugarcane Control Board.
4. Functions of Board.
5. Payment to Sugarcane growers.
6. Offences and penalties.
7. Cognizance of offences.
8. Compounding of offences.
9. Offences by companies.
10. Commissioner for Sugar to be public servant.
11. Protection of action taken in good faith.
12. Power to make rules.
2 The Maharashtra Regulation of Sugarcane Price [2013 : Mah. XXXIII
(Supplied to Factories) Act, 2013
2013 : Mah. XXXIII] The Maharashtra Regulation of Sugarcane Price 3
(Supplied to Factories) Act, 2013
MAHARASHTRA ACT No. XXXIII OF 20131
[THE MAHARASHTRA REGULATION OF SUGARCANE PRICE (SUPPLIED TO
FACTORIES) ACT, 2013.]
[This Act received the assent of the Governor on the 24th December 2013; assent was first published,
in the Maharashtra Government Gazette, Part IV, on the 24th December 2013.]
An Act to regulate the Price of Sugarcane supplied to sugar
factories in the State of Maharashtra.
WHEREAS, it is expedient to regulate the Price of Sugarcane supplied to sugar factories in the
State of Maharashtra and to provide for matters connected therewi th or incidental thereto; it is hereby
enacted in the Sixty-fourth Year of the Republic of India, as follows :—
1. Short title and commencement.— (1) This Act may be called the Maharashtra Regulation of
Sugarcane Price (Supplied to Factories) Act, 2013.
(2) It shall come into force on such 2date as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Board” means the Sugarcane Control Board constituted under section 3 ;
(b) “Chief Secretary” means the Chief Secretary to the Government of Maharashtra ;
(c) “Commissioner for Sugar” means the Commissioner for Sugar, Maharashtra State ;
(d) “factory” means a sugar factory where any manufacturing process connected with the
production of sugar is being carried or is ordinarily carried on with the aid of electricity and
wherein twenty or more workers are working or were working on any day of the preceding twelve
months ;
(e) “Government” or “State Government” means the Government of Maharashtra ;
(f) “Occupier of factory” means the person who has control over the affairs of a factory and
where the said affairs are entrusted to a director, partner or administrator, such director, partner or
administrator, as the case may be ;
(g) “prescribed” means prescribed by rules made under this Act ;
(h) “Secretary” means the Secretary to the Government ;
(i) “State” means the State of Maharashtra ;
(j) “Sugarcane” means Sugarcane intend ed for use in a sugar factory or khandsari sugar
manufacturing unit ;
(k) “Sugarcane grower” means a person including a tenant who cultivates sugarcane either
by himself or through members of his family or through hired labourers ;
(l) “Sugar season” means the year commencing on the first day of October and ending by
thirtieth day of September next year.
3. Sugarcane Control Board. — (1) The State Government shall, as soon as may be, after the
commencement of this Act, constitute a Sugarcane Control Board ( hereinafter referred to as “the
Board”), to perform such duties and function assigned to it under this Act.
(2) The Board shall exercise jurisdiction throughout the State of Maharashtra.
1 For Statement of Objects and Reasons (in English) of the L. A. Bill No. XLII of 2013 , see Maharashtra Government
Gazette 2013, Extraordinary No. 36, Part V-A, dated the 16th December 2013, page 6.
2 1st June 2014, vide Government notification, C.M. & T.D., No. SSK. 2013/C.R.144/ 25-C, dated 23rd May 2014.
4 The Maharashtra Regulation of Sugarcane Price [2013 : Mah. XXXIII
(Supplied to Factories) Act, 2013
(3) The Board shall consist of the following members, namely :—
(a) Chief Secretary .. Chairman ;
(b) Secretary, Finance .. Member ;
(c) Secretary, Co-operation .. Member ;
(d) Secretary, Agriculture .. Member ;
(e) Five representatives of the factories in the
State to be nominated by the Government,
out of which three shall be representatives
of the Co -operative Sugar Factories and two
from other Sugar Factories in the State
Members ;
(f) Five representatives of the farmers to be
nominated by the Government
.. Members ;
(g) Commissioner for Sugar .. Ex-officio
Member-
Secretary.
(4) The non-official members of the Board shall receive such allowances as may be prescribed.
(5) Subject to the pleasure of the State Government, a non -official member shall hold office for a
period of three years from the date of nomination . A member nominated once to the Board is not
eligible for re-nomination for a second time.
(6) A non -official member may resign his office at any time, by writing in his own hand,
addressed to the Government but he shall continue in his office until his resignation is accepted.
(7) The Government may remove a non -official member from his office if he incurs any one of
the disqualification specified below, namely :—
(a) becomes an un-discharged insolvent ; or
(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the
Government involves moral turpitude; or
(c) becomes of unsound mind, and stands so declared by a competent court; or
(d) refuses to act or becomes incapable of acting as the member.
(8) Notice of the meeting of the board, quorum and procedure regarding transactions of the
business of the Board shall be such as may be prescribed.
(9) The Board shall meet at least thrice in a year commen cing before starting of the crushing
season, after closure of the crushing season and at the end of the Sugar season. The Member- Secretary
of the Board may, subject to the control of the Chairman, convene a meeting as often as may be
necessary and shall also do so when required by one-third of the members.
(10) The, Board shall while inquiring into the matters in discharge of its function under this Act,
have all the powers of a civil court while trying a civil suit under the Civil Procedure Code, 1908 (5 of
1908), and in particular, in respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person from the State and examining
him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any Court or office;
(e) issuing commissions for the examinations of documents and witnesses;
(f) any other matter which may be prescribed.
2013 : Mah. XXXIII] The Maharashtra Regulation of Sugarcane Price 5
(Supplied to Factories) Act, 2013
(11) No act or proceeding of the Board sh all be rendered invalid for the mere fact that there was
one or more unfilled vacancy in the Board at the time of such act or proceedings were made.
4. Functions of Board.— The Board shall discharge the following functions, namely :—
(a) to decide Sugarca ne price payable to the farmers, which shall be in addition to the Fair
and Remunerative Price (hereinafter referred to as “FRP”) decided by the Central Government
under the provisions of the Sugarcane (Control) Order, 1966, on revenue sharing basis :
Provided that, while fixing Sugarcane Price, if it is decided to fix the Sugarcane Price on the
basis of the value of sugar including the value of the by -products such as bagasse, molasses and
press mud, the Sugarcane Price shall be arrived at as a sum equal to seventy per cent. o f the ex-
mill value of sugar alongwith such by-products :
Provided further that, if it is decided to fix the Sugarcane Price only on the basis of the value
of sugar, ignoring the value of the aforesaid three by -products, the Sugarcane Price shall be
arrived at as a sum equal to seventy-five per cent. of the ex-mill value of sugar ;
(b) to offer advice on any matter which may be referred to it by the Government, especially
in respect of the regulation of the purchase and supply of Sugarcane ;
(c) to bring to the notice of the Commissioner for Sugar, cases of breach of any of the
provisions of the Act, and of the rules made thereunder, and to make suggestions for the
prevention of the same ;
(d) to recommend ways and means of maintaining healthy relations between occupier of the
factory and Sugarcane growers.
5. Payment to Sugarcane growers. — (1) As soon as the Sugarcane is supplied to the occupier
of a factory, the factory shall be liable to pay, within fourteen days of the receipt thereof, the minimum
price as per FRP applicable at the relevant time.
(2) Payment shall be made on the basis of the recorded weight of the Sugarcane at the factory.
(3) The actual payment for Sugarcane fixed by the Board shall be paid in two steps. The first
would be payment of FRP. Balance payment of Sugarcane dues will be paid subseq uent to publication
of half yearly ex-mill prices and values, determined by the Board in accordance with the provisions of
clause (a) of section 4.
(4) Every payment made by the factory, under the provisions of this Act shall be paid to the
farmer through his bank account only.
6. Offences and penalties. — (1) Contravention of the provisions of this Act and the rules made
thereunder shall be an offence.
(2) Every such person shall on conviction be punished with fine which may extend to twenty -five
thousand rupees.
7. Cognizance of offences. — No court shall take cognizance of any offence punishable under
section 6, except on a complaint made by an officer authorized by the Commissioner for sugar and no
court inferior to that of a Judicial Magistrate of the First Class, shall try any such offence.
8. Compounding of offences.— (1) The Commissioner for Sugar may, either before or after the
institution of proceedings, for any offence punishable under section 6, after affording the person
concerned an opportunity of being heard, accept from such person by way of composition of an offence
a sum of rupees fifty thousand or a sum double the amount of due and payable under the provisions of
section 5, whichever is more.
(2) On payment of such sum as may be determined by the Commissioner for Sugar under sub -
section ( 1), no further proceedings shall be taken against the accused person in respect of the same
offence and any proceedings, if already taken, shall stand abated.
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9. Offences by companies. — (1) Where an offence under this Act has been committed by a
company, every person who, at the time the offence was committed, was in charge of, and was
responsible to the company for the conduct of the business of the company, as well as the company
shall be deemed to be guil ty of the offence and shall be liable to be proceeded and punished
accordingly :
Provided that, nothing contained in this sub -section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his knowledge or
that he has exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section (1), where an offence under this Act has
been committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other
officer of the company, such director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded and punished accordingly.
Explanation.— For the purposes of this section,—
(a) “company” means a body corporate, and includes a firm, association of persons or body
of individuals whether incorporated or not;
and
(b) “Director” in relation to a firm, means a partner in the firm and in relation to any
association of persons or body of individuals, means any member controlling the affairs thereof.
10. Commissioner for Sugar to be public serv ant.— The Commissioner for Sugar and every
officer appointed under this Act shall be deemed to be public servant within the meaning of section 21
of the Indian Penal Code, 1860 (45 of 1860).
11. Protection of action taken in good faith. — No suit, prosecution or other legal proceedings
shall lie against Government or any office r or official for anything which is done or purported to have
been done in good faith in pursuance of any provisions of this Act or any rule or order made
thereunder.
12. Power to mak e rules.— (1) The Government may, by notification in the Official Gazette,
make rules for carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such rules
may provide for,—
(a) the allowances payable to the non-official members of the Board ;
(b) the procedure to be adopted by the Board in discharging its functions under this Act ;
(c) the form in which any notice required shall be given ;
(d) any other matter which is to be or may be prescribed under this Act.
(3) Except when the rules are made for the first time, all rules made under this Act shall be
subject to the condition of previous publication.
(4) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each
House of the State Legislature, while it is in session for a total period of thirty 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 l aid or the session immediately following, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, and notify such decision
to that effect in the Official Gazette, the rule shall, fr om the date of publication of such decision in the
Official Gazette, 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 or omitted to be done under that rule.