LexThe Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953
Punjab · state statute
Open in Lexace · Ask the AI about this actSUGARCANE (REGULATION OF PURCHASE & SUPPLY)
THE PUNJAB SUGARCANE (REGULATION OF PURCHASE AND SUPPLY)
ACT, 1953
Punjab Act No. 40 of 1953
Received at the assent of the Governor of Punjab on the 30th October 1953 and was first
published in the Punjab Govern ment Gazette (Extraordinary), of the 2nd November
1953).
1 2 3 4
Year No. Short title Whether repealed or otherwise affected
by legislation
1953 40 The Punjab
Sugarcane
(Regulation of
Purchase and
Supply) Act,
1953.
Extended to Pepsu Territory by Punjab
Act 18 of 1958.
Amended by Punjab Act, 19 of 1959.
Amended by Punjab Act, 25 of 1964.
Amended by Punjab Act, 7 of 1966.
An Act to regulate the purchase and supply of sugarcane required for use in sugar
factories.
It is hereby enacted as follows: -
1.(1)
(2)
(3)
(4)
This Act may be called the Punjab Sugarcane (Regulation of
Purchase and Supply) Act, 1953.
It extends to the whole of the State of Punjab.
It shall come into force at once.
Sugarcane (Regulation of Purchase and Supply)
[Short title,
extent and
commencement]
[1953: Pb Act
40]
2.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
DEFINITIONS: -
In this Act unless the context otherwise requires: -
(1) "Assigned area" means an area assigned to a factory under this
Act.
"Board" means the Sugarcane Control Board;
"Cane" means sugarcane intended for use in a factory.
"Cane Commissioner" means the Officer appointed by the
Government to perform the functions of Cane Commissioner;
"Cane-grower" means a person including a tenant who
cultivates cane either himself or through members of his family
or through hired labo ur, and who is not a member of a Cane -
growers' Cooperative Society;
"Cane-growers' Coope rative Society" means a society
registered under "Cooperative Societies Act, 1912, one of the
objects of which is to sell cane grown by its members;
"Collector" means the Chief Revenue Authority of a district;
"Crushing season" means the period commencing on the 15th
day of October, in any calendar year and ending on the 30th
June of the following year:
"Factory" means a sugar factory wherein 20 or more workers
are working or were working, on any day of the preceding
twelve months and in any part of which a ny manufacturing
process connected with the production of sugar is being carried
on or is ordinarily carried on which the aid of power:
"Government" means the Government of State of Punjab;
"Occupier of a factory" means the person who has control over
the affairs of a factory, and where the affairs of a factory are
entrusted to the managing agent, such agent
"Prescribed" means prescribed by rules made under this Act.
"State" means the State of Punjab.
3.(1)
(2)
(3)
(4)
4.
5.
6(1)
(2)
7 (1)
(2)
(3)
8 (1)
The Government shall establish and constitute a Sugarcane
Control Board for the State and ascribe to it such duties and
functions in pursuance of the provisions of this Act, as may be
prescribed.
The Board shall be consisting of fifteen members.
The term of the Board shall be three years, provided that the
Government may dissolve the Board before the expiry of its
term if it is satisfied that it is necessary to do so.
No proceedings of the Board shall be rendered invalid for the
mere fact that there was one or more unfilled vacancy in the
Board at the time that such proceedings took place.
The government may appoint any officer to be the Cane
Commissioner and may also appoint such other staff, body or
committee as may be necessary for the performance of any
duty or function under this Act.
Where the occupier of a factory is a firm or a com pany or other
association any one of its partners, or directors or members
may be prosecuted and punished under this Act for any offence
for which the occupier of the factory is punishable.
Provided that such firm or company or
association may give notic e to the Cane Commissioner that it
has nominated one of its partners or directors or members to be
the occupier of the factory for the purposes of this Act and such
individual shall be deemed to the occupier for the purposes of
this Act until further notic e canceling his nomination is
received by the Cane Commissioner.
No cane shall be purchased for a sugar factory unless its
occupier has, in the prescribed form sent a notice of such
intention to the Cane Commissioner, nominating one or more
person as agents for making such purchases, and no agent shall
be changed without prior notice in writing to the Cane
Commissioner
Any person appointed as agent under sub -section (l) shall
deposit as security a sum of rupees 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 license in the manner prescribed.
No person shall act as purchasing agent under this Act, unless
he has been licensed as such in the prescribed manner.
No person other than a purchasing agent shall be employed by
an occupier of a factory to do any work in connection with any
transaction for the purchase of cane within the State.
A license shall not be granted to any person under such -section
(l) unless such person has paid the prescribed deposit or
furnished the prescribed security and the Cane Commissioner
may subject to rules made in this behalf, in case of any breach
of the conditions of the license, order that the deposit paid or
security furnished in respect of such license shall be forfeited
to Government or shall not be returned before the prescribed
period or that the whole or any portion of such deposit or
security shall be paid to any person who has suffered any loss
owing to any misconduct or default of such licensee.
The agent or agents of a sugar factory shall maintain an office
in one or more places within the State as may be required by
the Cane Commissioner , and shal maintain such accounts and
submit such returns and statements as may be prescribed.
If an occupier or an agent: -
Sugarcane
Control Board
Appointment of
Cane
Commissioner
Determination
of "occupier"
for purposes of
this Act,
Appointment
Of an agent
Licensing of
Purchasing
Agent
Duties of an
Agent
(2)
9.
10(1)
(2)
(3)
11(1)
(2)
(3)
12
13(1)
(2)
14(1)
(a) intentionally fails to maintain correctly any document or
register, or
(b) Intentionally commits any breach of any condition or duty
imposed under this Act, he shall be punishable with fine
which may extend to two thousand rupees for every such
failure or breach.
Any person contravening any of the provisions of Act or any
rule made there under, for which no penalty is otherwise
provided shall be punishable with fine, which may extend to
two thousand rupees.
The Cane Commissioner may order the occupier of any factory
to submit to him on or before any specified date, an estimate of
the quantity of cane intended to be purchase for his factory
during any particular crushing season.
On receipt of an estimate, the Cane Commissioner shall cause
the same to be submitted to the Sugarcane Control Board for
their approval. The Sugarcane Control Board shall be
competent to confirm, modify or reject the estimate, and in
case of its not being rejected, to a ssign the area from which the
cane may be purchased, on such terms and conditions as it may
deem fit.
If the Sugarcane Control Board is of the opinion that a survey
of any area is necessary for the purpose of assigning it to a
factory, the Cane Commissione r shall cause such survey to be
made and report the result to the Sugarcane Control Board. The
cost of such survey shall be payable by the occupier of such
factory.
Every survey mentioned hereinbefore shall be made by an
officer authorized neither by the Cane Commissioner nor in the
manner prescribed.
Every person owning or occupying land in any area in respect
of which a survey is being made shall afford to the officer
making the said survey such assistance and facilities for
making the said survey as may be necessary.
Any amount due from the occupier of a factory in respect of
any survey shall be recoverable from such occupier as an arrear
of land revenue.
The Government, may on the recommendation of the
Sugarcane Control Board, declare unsuitable for all or any
factory cane of any variety grown in any area specified in such
notification and no agent shall be competent to purchase any
cane declared unsuitable for his factory.
The occupier of a factory or any other person acting on his
behalf shal l not distribute seed cane of any variety to any
person to be used by cane -growers or the members of Cane -
growers Cooperative Societies in any area if the same has been
declared under this Act, to be unsuitable for the factory.
The occupier of a factory, o r any other person acting on his
behalf shall not plant cane of any variety declared under this
Act, to be unsuitable for the factory.
A cane-grower of a Cane -growers' Cooperative Societies in an
assigned area may sell by the date prescribed in this behal f to
the occupier of the factory to which the area is assigned , cane
grown by the cane growers or by the members of such Cane -
growers Cooperative Society, as may be, not exceeding the
quantity prescribed for such grower or cane growers'
Penalty for
contravention
Not other wise
provided for
Estimate of
quantity of
cane required
by factory
Survey of Area
Powers to
declare
Varieties of
cane to be
unsuitable For
use in factories
Prohibition of
distribution of
Certain kinds
of Seed
Purchase of
cane in
assigned area
(2)
(3)
(4)
15(1)
16(1)
(2)
17(l)
(2)
17-A
18(l)
(2)
Cooperative Society.
The agent of a factory shall enter into an agreement with a cane
grower or with a Cane -growers Cooperative Society, as the
case may be, in such form, by such date and on such terms and
conditions as may be prescribed, for the purposes of purchasing
the cane offered in accordance with sub -section (l). No person
other than the agent aforementioned shall purchase or enter into
an agreement to purchase cane grown by members of a Cane -
growers Cooperative Society from any other person except in
accordance with such agreement.
Except with the permission of the Government , cane grown in
an assigned area shall not be purchase d by any person other
than the agent of the factory for which such area has been
assigned.
It shall be competent for the prescribed authority to specify any
area within the assigned area of a factory, the entire cane of
which area the agent of the said factory shall be bound to
purchase, and the cane growers or cane growers' Cooperative
Society shall be bound to sell to the said agent.
If the c ane-growers or Cane -growers Cooperative Society or
Societies in the assigned area are not willing to enter into
agreement to supply, or fail to supply the requisite quantity of
cane the agent may, after giving the prescribed notice to the
Cane Commissioner, purchase the balance of the cane required
by him from outside the assigned area.
The agent of a factory for the purposes of which an area has
been assigned shall maintain a register in the prescribed form
and manner.
The Government may prescribe the procedure for-
(a) The correction of entries in, and the addition of new entries
to such register.
(b) The payment of the costs in connection with such
correction or addition and the manner in which such costs
shall be realized; and
(c) The supply, on payment, of copies of entries in the register.
The State Government may, after consultation with the
Sugarcane Control Board, impose a tax, not exceeding three
annas per maund, on the purchase of cane by or on behalf of a
sugar factory, and when a tax is so imposed it shall be notified
in the official Gazette, and shall be charged, levied & collected
in the manner prescribed;
(provided that a notification imposing the tax issued
during crushing season shall be, and shall be deemed always to
have been, i n operation from the commencement of such
season).
All sums due as the aforementioned tax, and not paid by the
due date, shall be recoverable as arrears of land revenue.
The Government, if satisfied that a factory has exported out of
India, any quantity o f sugar manufactured by it, may refund to
such factory whether prospectively or retrospectively the
amount of tax imposed on and paid by it under section 17 in
respect of the cane purchased by it and utilized in
manufacturing the quantity of sugar so exported.
No prosecution shall be instituted under this Act except upon a
complaint made by a District Magistrate.
On the application of a person accused of an offence under this
Act, the District Magistrate may compound such offence by
Purchase of
cane outside
the assigned
area
Maintenance of
Register
Tax on the
purchase of
cane
Prayer to
refund Tax on
cane utilized
for
manufacturing
sugar exported
out of India.
Institution of
Proceedings
(3)
19.
20 (l)
(2)
21.
levying a composition fine not exceeding two thousand rupees,
at any stage before the judgment in the case has been
announced.
No court inferior to that of a (Judicial Magistrate) of the first
class shall try any offence under this Act.
No suit, prosecution or other legal proce eding shall lie against
the Government or against any person for anything which is in
good faith done or intended to be done under this Act or the
Rules framed there under.
The Government may make rules to carry out the provisions of
this Act.
In particul ar and without prejudice to the generality of the
forgoing powers, such rules may provide for:
(a) the constitution, powers, duties and procedure of the
Sugarcane Control Board;
(b) the powers and duties of the Cane Commissioner:
(c) the authorities by which any functions under this Act
or the rules made there under are to be performed;
(d) the form in which any notices required under this Act
should be given.
(e) the procedure to be followed in making a survey under this
Act, the manner of calculating the cost of such survey, the
amount to be deposited in connection therewith and the
assistance to be afforded by owners and occupiers of land to
the officer making such survey.
(f) the form of agreement to be entered into for the purchase of
cane, the date by which such agreement should be made and
the terms and conditions thereof.
(g) the quantity of cane, which may be purchased in an
assigned area during any particular crushing season.
(h) the posting of notices and the maintenance of records,
register and accounts and the submission of returns the
supply of copies of entries therein and the fees to be charged
for the same;
(i) the method by which the minimum price of cane is to be
fixed under this Act;
(j) the form and manner in which applications for licenses may
be made, the terms and condition of each license, their
renewal, suspension and cancellation and the fees to be
charged for the same;
(k) the correct weighment of cane, the provisions of facilities
for weighments and for checking weighment ,and timings
of weighments;
(l) the payment of the price for cane; and
(m) Any other matter which is to be or may be prescribed under
this Act.
The Sugarcane Act, 1934 (Act XV of 1934), in so far as it is
applicable to the Stat of Punjab, and the Sugarcane (Punjab
Amendment) Act, 1943 (Punjab Act IX of 1943), is hereby
repealed. Anything done or any action taken in exercise of
powers conferred by, or under the repealed Acts or purporting
to have been done or taken under the Punjab Sugar Factories
Control Act, 1950 (Punjab Act l of 1950) shall, to the extent of
being consistent with the provisions of this Act, be deemed to
have been done or taken under this Act, as if this Act, were in
force at the time when such thing was done or such action was
taken.
**********
Bar of suit or
other
Proceedings
Power to make
rules
Repeal of the
Sugarcane Act,
1934 and the
Sugarcane
(Punjab
Amendment
Act,1943 and
saving )