The U.P. Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950

Uttar Pradesh · state statute

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UTTAR PRADESH SUGAR AND POWER ALCOHOL INDUSTRIES
LABOUR WELFARE AND DEVELOPMENT FUND
ACT, 19501
[U. P. ACT No. XVI of 1951]
Amended by
U. P. Act No. 27 of 1953
[ As passed by the Uttar Pradesh Legislautre, r eceived the
assent of the President on May 19, 1951, under Article 201 of the
Constitution of India and was published in the Uttar Pradesh
Gazette Extraordinary, dated June 2, 1951.]
AN
ACT
to make better provision for financing measures for
promoting the welfare of labour employed in the sugar an d
power alcohol industries, and for the development of these
industries.
WHEREAS funds have been acquired, and may hereafter be
acquired, for the purpose of financing measure for promoting the
welfare of labour employed in the sugar and power alcohol
industries ; including housing and the provision of dispensary
services ;
AND WHEREAS it is expedient to provide for the constitution
of a Fund and to provide for a suitable machinery to operate the
same ;
It is hereby enacted as follows :
Short title,
extent and
commencement
1. (1) This Act may be called The Uttar Pradesh Sugar and
Power Alcohol Industries Labour Welfare and Development Fund Act,
1950.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date 2, as may be prescribed
by notification in the official Gazette.
Definition 2. In this Act, unless there is anything repugnant in the subject
or context —
(a) “Advisory Committee” means Advisory Committee
constituted under section 12 ;
(b) “Central Government” shall have the meaning assigned to it
in the General Clauses Act, 1897 ;
(c) “Commissioner” means the Labour Welfare Commissioner
appointed under section 13, and includes any officer authorized in

1. For Statement of Objects and Reasons see Gaz. Extra, dated Aug. 5, 1950.
2. The Act came into force with effect from the 1st day of Sept., 1951. (Revised by sec. 2 of U.P. Act No. 27 of 1953.
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[Uttar Pradesh Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950]
writing by the Commissioner to exercise any of his functions under
this Act ;
(d) “Factory” has the meaning assigned to it in the Factories
Act, 1948 ;
(e) “Fund” means the U. P. Sugar and Power Alcohol Industries
Labour Welfare and Development Fund constituted under section 3 ;
(f) “Housing Board” means the Labour Housing Board
constituted under section 10 ;
(g) “Prescribed” means prescribed under this Act ; and
(h) “State Government” means the Government of Uttar
Pradesh.
Establish-
ment of the
U. P. Sugar
and Power
Alcohol
Industries
Labour
Welfare Fund
3. (1) There shall be established by the State Government a
Fund called the U. P. Sugar and Power Alcohol Industries Labour
Welfare and Development Fund.
(2) The Fund shall be maintained in the prescribed manner in
the Reserve Bank of India or with the permission of the State
Government in a Schedule Bank.
(3) All sums acquired or to be acquired, or to be paid for and on
behalf of the Fund shall be paid by the Colle cting Agencies as may be
prescribed in the account of the Fund in the Reserve Bank of India,
Kanpur or the Scheduled Bank as the case may be.
(4) The Fund shall consist of three separate accounts, viz.—
(a) Housing Account,
(b) General Welfare Account,
(c) Development Account.
(5) There shall be credited to each account—
(i) such money or moneys as may be allotted to the account
from out of the resources of the Fund by the State Government from
time to time by notification in the official Gazette.
(ii) any grants made thereto by the State Government ;
(iii) any contributions made thereto by any other person or
persons ; and
(iv) charges, fees or other moneys paid or payable to such
account in such manner as may be prescribed ;
Provided that ther e shall be credited to the Housing Account,
further—
(a) rents, if any, realis ed from housing accommodation
constructed out of such account,
(b) any other moneys received by the Housing Board.

14
[Uttar Pradesh Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950]
(6) All other moneys received for and on account of the Fund
shall be apportioned and credited to each of the aforesaid accounts in
the prescribed manner.
Purpose for
which the
Fund may be
utilized
4. (1) The Fund shall be utilized for the purpose of financing
measures for promoting the welfare of labour employed in the sugar
and power alcohol industries, including housing, provision of
dispensary services and the development generally of the sugar and
power alcohol industries.
(2) Without prejudice to the generality of the foregoing
provisions, the money in each account of the Fund may be utilized to
defray ;
A. Housing Account — (a) The cost of ere cting, maintaining,
repairing housing accommodation for labour employed in the sugar
and power alcohol industries and of providing services and facilities
connected therewith ;
(b) the cost of preparing schemes, and of acquiring any land or
purchasing a ny property required, for the purposes referred to in
clause (a) ;
(c) the grant, subject to the previous approval of the State
Government, to local authority, housing society or the owner, agent or
manager, of a sugar or power alcohol factory, of money in aid of any
scheme approved by the Housing Board for the purposes referred to in
clauses (a) and (b) ;
(d) the allowances, if any, of members of the Housing Board
and the amounts dubitable to the account under sub-section (1) ;
(e) any other expendit ure which the State Government directs
to be defrayed out of the Housing Account of the Fund.
B. General Welfare Account— (a) The cost of measures for the
benefit of labour employed in the sugar and power alcohol industries
directed towards—
(i) the im provement of health and sanitation, the prevention of
disease, the provision of medical facilities, maternity and the
improvement of existing medical facilities, including the provision and
maintenance of dispensary services in sugar and power alcohol
factories, the owners of which do not receive grant -in-aid under sub -
section (3), the promotion of industrial hygiene, and the undertaking of
medico-social investigation ;
(ii) the provision of water supplies, and facilities for washing
and the improvement of existing supplies and facilities ;
(iii) the provision and improvement of education al facilities,
including libraries, reading rooms, community wireless listening ;
(iv) the improvement of the standard of living, including
nutrition, amelioration o f social conditions and the provision of
recreational facilities ;

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[Uttar Pradesh Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950]
(v) the provision of transport to and from work ;
(b) the allowances, if any, of the members of the Advisory
Committee and the amounts debitable to the account under sub -
section (1) ;
(c) any other expenditure which the State Government directs
to be defrayed out of the General Welfare Account of the Fund.
C. Development Account— (a) The cost of providing facilities
for imparting technical education and training connected with the
manufacture of sugar, alcohol and products derived therefrom,
including the growing of sugarcane, and the utilization of bye- products
of both industries ;
(b) the cost of providing facilities of all kinds for research
connected with the growing of sugarcane and the manufacture and
utilization abovementioned, including the financi ng of pilot and large -
scale trials ;
(c) the cost of providing facilities generally for the development
of the sugar and alcohol industries including the building of roads and
the provision of facilities for irrigation.
(3) Notwithstanding anything c ontained in sub -section (2) the
State Government may, out of the General Welfare Account of the
Fund, pay annually, grants- in-aid to such of the owners of sugar and
power alcohol factories as maintain, to the satisfaction of the
Commissioner, dispensary services of the prescribed standard for the
benefit of the labour employed in their factories, so however, that the
amount payable as grant -in-aid to the owner of a concern shall be
determined from time to time, by the prescribed authority in the
prescribed manner ;
Provided that no grant -in-aid shall be payable in respect of any
dispensary service maintained by the owner of the sugar and power
alcohol factories, if the amount expended thereon, as determined by
the prescribed authority is less than the prescribed sum.
Expenditure
from the
Fund
5. (1) The following expenditure shall be debitable to the Fund ;
(a) all expenditure incurred in connexion with any of the
purposes mentioned in section 4 ;
(b) the cost of administering the Fund and the salaries and
allowances, if any, of the Commissioner, Inspectors, Welfare Officers
and other staff appointed to supervise or carry out measures financed
from the Fund.
(2) The expenditure debitable to the Fund shall be apportioned
between and debited to each account of the Fund in such manner as
may be prescribed.
(3) The State Government shall have power to decide whether
any particular expenditure is or is not debitable to the Housing
Account or the General Welfare Account, or the Development Account
of the Fund, and its decision shall be final.
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[Uttar Pradesh Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950]
(4) Before incurring any expenditure from the Fund, other than
expenditure of a routine or urgent nature, the State Government or, as
the case may be, the Housing Board, shall consult the Advisory
Committee.
(5) The State Government may, from time to time, give such
directions as it thinks fit in respect of expenditure from the Fund.
Administra-
tion and
management
of the Fund
6. The management, administration, control and custody of the
Fund and the application and payment therefrom shall be in
accordance with the rules framed by the State Government.
Audit of
account
7. The accounts of the Fund shall be audited annually by a
person appointed in this behalf by the State Government and a copy of
the report shall be sent to the State Government and the Advisory
Committee.
The audit report shall be considered by the authority managing
the Fund and the action taken thereon shall be intimated to the State
Government.
Publication
of accounts
and
expenditure
8. The State Government shall publish in the official Gazette
each year in the month of February an estimate of receipts into and
expenditure from the Fund together with a statement of accounts and
a report of the activities financed during the previous year from the
accounts of the Fund ;
Provided that when Fund is constituted for the first time such
publication may be delayed until and including the month of June next
following such constitution.
Investment
of moneys in
the Fund
9. The State Government may, from time to time, invest any
portion of the Fund in securities of the Central Government or in such
other securities, including fi xed deposits in banks, as it thinks fit, and
may dispose of such investment or vary them for others of a like
nature.
U. P. Sugar
and Power
Alcohol
Labour
Housing
Board
10. (1) The State Government shall, by 1 notification in the
official Gazette, constit ute a U. P. Sugar and Power Alcohol Labour
Housing Board to prepare and to carry out, subject to the previous
approval of the State Government, schemes financed from the Housing
Account of the Fund for the provision of suitable housing
accommodation for la bour employed in the sugar and power alcohol
industries and carry out the other functions of the Housing Board
under this Act.
(2) The Commissioner shall be the Chairman of the Housing
Board, and the other members thereof shall be appointed by the State
Government, and shall be in such number and chosen in such manner
as may be prescribed.

1. For Constitution of U. P. Sugar and Power Alcohol Housing Board, see Not. no. 2307 (LL)/X VIII—235(LL)-
51, dated Oct. 1, 1951.
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[Uttar Pradesh Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950]
(3) The Housing Board shall be a body corporate by the name of
the U. P. (Sugar and Power Alcohol) Labour Housing Board, having
perpetual succession and a common seal, with power to acquire
property, both movable and immovable, and shall, by the said name
sue, and be sued.
(4) No act done by the Housing Board shall be called in
question on the ground merely of the existence of any vacancy in, or
defect in the constitution of, the Housing Board.
Condition for
occupation of
housing
accommoda-
tion
11. (1) The occupation by any person of any housing
accommodation provided out of the Housing Account of the Fund shall
be subject to comp liance by that person at all times with such
conditions relating to his occupation of such accommodation as may
be prescribed.
(2) Before any person occupies any such accommodation he
shall be furnished with a copy of the conditions referred to in sub -
section (1) and if he so desires the said conditions shall be explained to
him in a language which he understands; and the Housing Board shall
cause to be published, in such manner as it thinks best adapted for
informing the persons concerned, any changes w hich may from time to
time be made in the said conditions.
(3) If, in the opinion of the Housing Board, any person in
occupation of any such accommodation fails or ceases to comply with
any of the conditions referred to in sub -section (1), it may, by notice in
writing require him to vacate the accommodation on or before such
date, not being less than thirty days after the service of the notice as
may be specified in the notice ; and the occupation of such
accommodation by such person or any dependent of his after the date
so specified shall be unlawful ; and such person or dependent may be
evicted from such accommodation in addition to any other mode by an
application made in that behalf by the Housing Board to the District
Magistrate or any other Magistr ate authorized in that behalf by the
District Magistrate, and then the District Magistrate or the Magistrate
so authorised, may thereupon evict the person or the dependent from
the accommodation ;
Provided that an employee in occupation of an accommodat ion
shall not be evicted therefrom on his dismissal or removal
notwithstanding anything in that behalf contained in the condition
prescribed under sub-section (1), until seven days next after the expiry
of the period of limitation fixed for referring of th e industrial expiry of
the period of limitation fixed for referring of the industrial dispute
arising from such dismissal or removal for settlement in accordance
with the law relating to settlement of industrial disputes, and where
the dispute has been so referred, until it has been finally disposed of.
(4) The Magistrate may, in evicting such person or his
dependent under sub-section (3), use or cause to be used such force as
may be necessary in getting the accommodation vacated.

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[Uttar Pradesh Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950]
(5) There shall be payable in respect of the occupation of any
such accommodation as aforesaid rent at such rate as may be
prescribed ;
Provided that the Housing Board may remit, subject to
compliance at all times with the conditions referred to in sub -section
(1), either the whole or any part of the prescribed rent ;
Provided further that where, in case of any person who is by
virtue of a remission under the first proviso paying either no rent or a
reduced rent, the Housing Board has reason to believe that such
person has contravened any of the said conditions it may by notice in
writing require such person to pay, with effect on and after the expiry
of seven days from the service of the notice, rent for the
accommodation occupied by him at the full prescribed rate.
(6) All rent payable in respect of the occupation of such
accommodation as aforesaid, whether at the full prescribed rate or at a
lesser rate, shall be recoverable as an arrear of land revenue.
Advisory
Committee
12. (1) The State Government may, by 1 notification in the
official Gazette, constitute an Advisory Committee, to advise on
matters on which the State Government or the Housing Board is
required by this Act to consult the Committee and on any other
matters arising out of the administration of this Act which the State
Government may refer to it for advice.
(2) The members of the Advisory Committee shall be appointed
by the State Government and shall be of such number and chosen in
such manner as may be prescribed ;
Provided that the Advisory Committee shall include an equal
number of members representing Government, the owner of sugar and
power alcohol factories and workmen employed in them.
(3) The Chairman of the Advisory Committee shall be appointed
by the State Government.
Appointment
and power of
officer
13. (1) The State Government may appoint a Labour
Welfare 2 Commissioner and such number of Inspectors, Welfare
Officers and other staff as it thinks fit to supervise and carry out
measures financed from the Fund.
Act XLV of
1860
(2) Any person so appointed shall be deemed to be a public
servant within the meaning of section 21 of the Indian Penal Code.
(3) The Commissioner or any Inspector or Welfare Officer may,
with such assistance, if any, as he thinks fit, enter at all reason able
times any place which he considers it necessary to enter for the
purpose of supervising or carrying out the measures financed from the
Fund and may do therein anything necessary for the proper discharge
of his duties.

1. For Constitution of Advisory Committee see not. no. 2308 (LL)/XVIII—235(LL)-51, dated Oct. 1, 1951.
2. For appointment of Labour Welfare Commissioner see not. no. 2306 (LL)/XVIII —235(LL)-51, dated Oct. 1,
1951.
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[Uttar Pradesh Sugar and Power Alcohol Industries Labour Welfare and Development Fund Act, 1950]
Power to
make rules
14. (1) The State Government may by notification in the official
Gazette, and subject to the condition of previous publication
make 1rules to carry into effect the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power ,
rules made under this section may provide for—
(i) the composition of the Housing Board, the manner in which
its members shall be chosen, the term of office of its members, the
allowances, if any, payable to them and the manner in which the
Housing Boa rd shall conduct its business, including the number of
members necessary to form a quorum at a meeting thereof ;
(ii) the books of account to be maintained by the Housing
Board, and the form of its financial estimates and statements of
account ;
(iii) the composition of the Advisory Committee, the manner in
which its members shall be chosen, the term of office of its members,
the allowance, if any, payable to them and the manner in which the
Advisory Committee shall conduct its business ;
(iv) the apportionment between the House Account, the General
Welfare Account and the Development Account of the Fund, of the
expenditure on the administration of the Fund and on the salaries and
allowances of the Commissioner, Inspectors, Welfare Officers and other
staff employed for the purposes of this Act ;
(v) the standard of dispensary service to be provided by owner
of sugar and power alcohol industries for the purposes of sub -section
(2) of section 4, and the inspection and supervision of the dispensaries
and other places at which such services are provided ;
(vi) the application by owners of sugar and power alcohol
factories for grants-in-aids, the authority to whom, and the manner in
which such applications shall be made and the particulars to be
specified in such application ;
(vii) the conditions governing the grant of money from the
General Welfare Account of the Fund to a local authority, Housing
Society or the owner, agent or manager of a sugar or power alcohol
factory ;
(viii) the rate of th e rent for housing accommodation provided
out of the Housing Account of the Fund ;
(ix) the condition of service and the duties of Inspectors,
Welfare Officers and other officers appointed to supervise or carry out
measures financed from the Fund ;
(x) the duties and functions of the Commissioner ;
(xi) the furnishing by owners, agents or managers of sugar and
power alcohol factories of statistical or other information, and the
punishment by fine not exceeding two hundred rupees on failure to
comply with the requirements of any rules made under this clause ;
(xii) the matters which are to be and may be prescribed.
———
1. For rules see not. no. 2306 (LL)/XVIII—235(LL)-51, dated Oct. 1, 1951 in Gaz. Ext. d. Oct. 1, 1951.
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