LexThe uttar pradesh sugarcane (regulation of supply and purchase) act, 1953
Uttarakhand · state statute
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THE UTTAR PRADESH SUGARCANE (REGULATION OF
SUPPLY AND PURCHASE) ACT, 19531
[U.P. ACT NO. XXIV OF 1953]
Amended by-
U. P. Act no. XXI of 1956
U. P. Act no. XXII of 1956
U. P. Act no. III of 1960
U. P. Act no. XXXIV of 1961
U. P. Act no. VI of 1962
U. P. Act no. IV of 1964
U. P. Act no. XI of 1966
U. P. Act no. VI of 1971
U. P. Act no. II of 1972
U. P. Act no. VII of 1974
U. P. Act no. XXVIII of 1974
U. P. Act no. X of 1976
U. P. Act no. XXXIV of 1976
[Passed in Hindi by the Uttar Pradesh Legislative Assemb ly on August 13. 1953
and by the Uttar Pradesh Legislative Council on September 5,1953.
Received the assent of the President on October 5, 1953 under Article 201 of ‘the
Constitution of India’, and was published in the Uttar Pradesh Gazette Extraordinary, dated
October 9, 1953·]
AN
ACT
to regulate the supply and purchase of sugarcane required for Use in sugar
[Factories and Gur, Rab or Khandsari Sugar Manufacturing Units]2
WHEREAS it is expedient to regulate the supply and purchase of sugarcane
required for use in sugar [Factories and Gur, Rab or Khandsari Sugar Manufacturing
Units]2 and other connected matters;
It is hereby enacted as follows : --
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement
1- (1) This Act may be called the U. P. Sug arcane (Regulation of Supply and
Purchase) Act, 1953.
(2) It extends to the whole of Uttar Pradesh.
(3) I t shall come into force at once.
Definition
2- 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 ;
1- For Statement of Objects and Reasons, see U. P. Gazette extra ordinary, dated July 15.
1953·
2- Subs. by section 2 of U. P. Act III of 1960.
264
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 2]
(b) [***]5
(c) "Cane" means sugarcane intended for use in a factory [or Gur, Rab or
Khandsari Sugar Manufacturing Units]2;
(d) "Cane Commissioner" means the officer appointed to be Cane
Commissioner under section 9, a nd includes an Additional Cane Commissioner
appointed under section 10 ;
(e) "Cane-grower" means a person who cultivates cane either by himself or
by member of his family or by hired labour and who is not a member of a Cane -
growers' Co-operative Society:
(f) "Cane-growers' Co-operative Society means 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 a Collector
under this Act;
(h) "Council" means the Cane Development Council established under
section 5;
(i) "Crushing season" means the period [beginning on the 1st October in any
year and ending on the 15th July next following;]3
(j) "Factory" means any premises, including the precincts thereof wherein
twenty or more workers are working or were working on any da y during the
preceding twelve month s and in any -part of which any m anufacturing process
connected with the production of sugar by means of vacuum pans is being carried
on or is ordinarily carried on with the aid of mechanical power.
[(j-i) Gur, Rab or 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 hand ling sugarcane
juice produced with, the aid of a crusher driven by any mechanical power;]1
[(j-ii) 'Inspector' means any person appointed or any officer designated as
inspector under section II ;]4
[(k) "Occupier" in relation to a factory or a Gur, Rab or Khand sari Sugar
Manufacturing Unit, means the person (including a company, firm or otter
association of individuals ) who, or the authority which, owns or has the ultimate
control over the affairs of s uch factory or unit and where th e said affairs are
entrusted to a Managing Agent or a Director or other offic er of such person or
authority, includes such Managing Agent, Director or other officer.
1- Added by section 3(1) of U.P. Act 3 of 1960.
2- Ins. by section 2 (1) of U. P. Act No. IV of 1964.
3- Subs. by s. 2 of U. P. Act no. 6 of 1971.
4- Subs. by s. 2 (a) of U.P. Act no. 7 of 1974.
5- Omitted by section 2 of Uttarakhand. Act no. 09 of 2009.
265
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 3-5]
Explanation-- Notwithstanding that the affairs of a factory or unit are
entrusted to a Managing Agent or a Director or 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.]4
(l) "prescribed" means prescribed by rules ;
(m) [* * * ]3
[(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;]1
(o) "Rule’ 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 an Additional Sugar Commission er
appointed under section 10.]2
CHAPTER II
ADMINISTRATIVE MACHINERY
3- [***]5
4- [***]5
The
Development
Council
5- (1) There shall be established for the reserved area of a factory a Cane
Development Cou ncil ( 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 under this Act or any other enactment vested with the capacity of
suing and being sued in it 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 di rects 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 be called a
zone.
1. Subs. and be deemed to have been subs. with effect from October 17, 1963 by
section 2(2) of U.P. Act no. IV of 1964
2. Ins. by section 2(3) of U.P. Act no. IV of 1964.
3. Omit by section 2(b) of U.P. Act no. 7 of 1974.
4. Ins. by section 2 (a ) ibid
5. Omitted by section 3 of Uttarakhand Act No. 09 of 2009.
266
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 5]
[(3) The Council shall consist of the following, namely : -
(i) two representatives of the sugar factory concerned to be nominated by the
occupier;
(ii) five representatives of each Cane -growers’ Co-operative Society 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 one repr esentative of Scheduled Castes or
Scheduled Tribes, one representative of Other Backward Classes
and one representative woman shall be in five representatives of
the cane-growers subject to availability;
(iii) One representative of the licensed power -driven khandsari manufacturing
units in the reserved area, to be elected by their owners;
(iv) the Assistant Cane Commissioner of concerned council;
(v) the Senior Cane Development Inspector, who shall be ex-officio
Member-Secretary.]4
(3-A) The members o f the Council shall elect [from among the five
representatives referred to in clause (ii) of sub -section (3) a person] 3 to be the
Chairman of such Council;]2
[(4) The term of council shall be concurrent to the term of cane society and
after expiry of the terms, the council shall be reconstituted according to the
provisions in sub-section (3):
Provided that the Cane Commissioner, if he is satisfied that it is necessary to
do so, then after the approval of the State Government dissolved the council
before the expiry of its term or extend the time of the council maximum for two
years.]5
(5) Where a Council is dissolved the following consequences shall follow :-
(a) [the Chairman and all members but not the Secretary]1 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
1. Subs. by s. 4 (b) (i) of U. P. Act no. 7 of 1974.
2. Sub-section (3) and (3-A) subs by section 2 (a) of U. P. Act no. 10 of 1976.
3. Subs. by section 2 (2) of U.P. Act No. 30, 1979.
4. Subs. by section 2 (1) of Uttarakhand Act No. 15 of 2013.
5. Subs. by section 2 (2) ibid.
267
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 6-8]
(c) the duties, powers and functions of the Council shall, pending its
reconstitution, be discharged, exercised and performed [by the Secretary]2 for
such period and subject to restrictions as may be specified in the order.
Functions of
the Council
6- (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 dev elopment
plan in all its essentials such as cane varieties, cane seed, sowing programme,
fertilizers and manures,
(c) to undertake the development of irrigation and other, agricu ltural
facilities in the zone ;
(d) to take necessary steps for the preventi on and control of diseases
and pests arid 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 executio n of the
Development Scheme subject to the general or special directions of the
Came 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 provid e for an annual meeting of all
the Development Councils in a district Every such meeting shall be presided over
by the Collector.
Casual
Vacancy
7- 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.
Council Fund
8- (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 Sugar-cane Committee;
(b) grants, if any, made by the State Government
(c) contributions made by the sugar factories [Gur, Rab or Khandsari
Sugar Manufacturing Uni ts]1 and Cane -growers Co -operative Soc ieties at
rates to be prescribed ; and
(d) any other sums which the State Government may require to be
credited to it.
1. Ins. by section 6 of U. P. Act no. III of 1960.
2. Ins. by section 4 (b)(ii) of U. P. Act no. 7 of 1974.
268
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 8A-12]
[Suppression
of Council
8-A If at any time, the State Government is, after taking into con sideration 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.]3
Sugar
Commissioner
and Cane
Commissioner
9- The State Government may for purposes of this Act appoint---
(a) a Sugar Commissioner, and
(b) a Cane Commissioner,
who shall perform the duties and exe rcise 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 the Sugar Commissioners.
[Additional,
Deputy or
Assistant Cane
Sugar
commissioner
10- 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.]2
Inspectors
11- (1) The State Government ma y for purposes of this Act appointment any
persons 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 Inspector shall perform the duties and exercise the powers conf erred
or imposed upon them by or under this Act.
CHAPTER III
SUPPLY AND PURCHASE OF CANE
Estimates of
requirements
12- (1) The Cane Commissioner, may for purposes of section 15, by order,
require the occupier of any factory to furnish in the manner and by the date
specified in the order to the Cane Commissioner an estimate of the quantity of
cane which will be required by the factory during such crushing season [or
crushing seasons]1 as may be specified in the order.
(2) The Cane Commissioner sha ll examine every such estimate a nd shall
publish the name with such modifications, if any, as he may make.
(3) An estimate published under sub -section (2) may be revised by an
authority to be prescribed.
1. Ins. by section 2 of U.P. Act no. XXI of 1956.
2. Subs. by section 4 of U. P. Act no. IV of 1964.
3. Ins. by section.3 of U. P. Act no. 10 of 1976.
269
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 13-15]
Register of
cane-growers
and Cane-
grower's
Co-operative
Society
of Societies
13- (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, as
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 the 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.
Power of
survey, etc.
14- (1) The State Government may, for purposes of section 15, by order, provide
for-
(a) a survey to be made of the area proposed to be reserved or assigned
for the supply of cane to a factory and .the recovery of the cost. of such
survey from the occupier of the factory ;
(b) the appointment of an officer for purposes of such survey, his
duties and powers ;
(c) the procedure in accordance with which the survey shall be made ;
(d) the assistance and facilities to be provided to the officer appointed
in pursuance of clause (b) by the persons owning or occupying land in the
area ; and
(e) such incidental and consequential ma tters as may appear to be
necessary or desirable for this purpose.
(2) Any amount due from the occupier of afactory in pursuance of clause (a)
of sub section (1) shall be recoverable from such occupier as an arrear of land
revenue.
Declaration of
reserved areas
and assigned
area
15- (1) Without prejudice to any order made under clause (d) of sub -section (2)
of section 16 the Cane Commissioner may, after consulting the Factory and Cane -
growers' Co-operative Society in the manner to be prescribed -
(a) reserve any area (hereinafter called the reserved area); and
(b) assign any area (hereinafter called an assigned area) ;
for the purposes of the supply of cane to a factory in accordance with
the provisions of section 16 during [one more crushing season s as may be
specified]1 and may likewise at any time cancel such order or alter the
boundaries of an area so reserved, or assigned .
1. Insertion by section 3 of U.P. Act No. XXI of 1956.
270
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 16]
(2) Where any area has b een declared as reserved area for a factory, the
occupier of such factory shall, if so directed by the Cane Commissioner, purchase
all the cane grown in that areas, which is offered for sale to the factory.
(3) Where any area bas been declared as assigned area. for a factory, the
occupier of such factory shall, purchase such quantity of cane grown in that area
and offered for sale to the factory, as may be determined by the Cane
Commissioner.
(4) An appeal shall lie to the State Government against the order of the Cane
(Commissioner passed under sub-section (1).
Regulation of
purchase and
supply of cane
in the reserved
and assigned
areas
16- (1) The State Government may, for maintaining supplies, by order, regulate--
(a) the distribution, sale or purchase of cane in any r eserved or assigned
area; and
(b) purchase of cane in any area other than a reserved or assigned -area.
(2) Without prejudice to the generality of the foregoing powers such order
may provide for-
(a) the quantity of cane to be supplied by each cane -grower or Cane -
grower's Co-operative Society in such area to the factory for which the area
has so been reserved or assigned
(b) the manner in which cane grown in the reserved area or th e
assigned area, shall be purchased by the factory for which the area has been
so reserve or assigned and the circumstance in which the cane grown by a.
cane-grower shall not be purchased except through a Cane -growers’ Co -
operative Society;
(c) the form an d the terms and conditions of the agreement to be
executed by the occupier or manager of the factory for which an area is
reserved or assigned for the purchase or cane offered for sale ;
(d) the circumstances under which permission may be granted-
(i) for the purchase of cane grown in reserved or assigned area by a
[Gur, Rab, or Khandsari manufacturing Unit or any person or factory] 1
other than the factory for which area has been reserved or assigned ; and
(ii) for the sale of cane grown in a reserved o r assigned area to [a
Gur, Rab or Khandsari Manufacturing Unit or any person or factory ]1
other than the factory for which the area is reserved or assigned ;
(e) such incidental and consequential matters as may appear to be
necessary or desirable for this purpose.
1. Subs. by section 5(1) and 5 (2) of U.P. Act no. IV of 1964.
271
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 17-18]
Payment of
Cane price
17- [(1) The occupier of a. factory shall make such provision for spe edy payment
of the price of cane purchased by him as may be prescribed.]3
(2) Upon the del ivery of cane the occupier of a factory shall be liable to pay
immediately the price of the cane so supplied, together with all other su ms
connected therewith. [***]5
(3) Where the person liable under sub -section (2) is in default in making the
payment of the price for a period exceeding fifteen days from the date of
delivering, he shall also pay interest at a rate of 7 ½ per cent per annum from the
said date of delivering, but the Cane Commissioner may, in any case, direct, with
the approval of the State Government that no interest shall be paid or be paid at
such reduced rate as he may fix.
[Provided that in relation to default in payment of price of cane purchased
after the commencement of this proviso, for the figures “7 ½” the figures “12”
shall be deemed substituted.]6
(4) The Cane Commissioner shall forward to the collector a certificate under
his signature specifying the amount of arrears on account of the pric e of cane plus
interest if any due from the occupier and the collector, on receipt of such
certificate shall proceed to recover from such occupier the amount specified
therein as if it were an arrear of land revenue.
[(5) (a) Without prejudice to the prov isions of the foregoing sub -sections,
where the owner or any oth er person having control over th e affairs of the factory
or any other person competent in that behalf enters into an agreement with a bank
under which the bank agrees to give advance to him on security of sugar produced
or to be produced in the factory the said owner or other person shall provide in
such agreement that [a percentage determined by such authority and in su ch
manner as may be prescribed] 7 of the total amount of price of sugarcane
purchased or to be purchased for the factory during the current crushing session
from those cane -growers or from or through those societies, and interest thereon
and, such societies commission in respect thereof.
(b) Every such owner or other perso n as aforesaid shall send a copy of every
such agreement to the Collector within a week from the date on which it is entered
into.]4
Commission
on purchase of
cane
18- (1) T here shall be paid by the [occupier of a factory of a Gur, Rab, or
Khandsari sugar manufacturing unit]1 Commission for [every one quintal of cane
purchased by the factory or the gur, rab or khandsari sugar manufacturing unit as
the case may be]2 :-
1. Ins. by section 6 of U.P. Act no III of 1960.
2. Subs. by section 2 of U.P. Act no, XXXIV of 1961.
3. Subs. by section 6 of U.P. Act no. IV of 1964.
4. Added by section 2 of U.P. Act No. 2 of 1972.
5. Omit by s.5 (a) of U.P. Act no.7 of 1974.
6. Ins. by s. 2 of U.P. Act no 28of 1974.
7. Subs. and be deemed always to have been subs . by s 5 (b) of U.P. Act No 7 of
1974.
272
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 19]
(a) where the purchase is made, through a Cane -growers' Co-operative
Society, the commission shall be payable to the Cane -growers Co-operative
Society and the Council in such proportion as the State Government may
declare, so, however, that the share payable to the Council shall not exceed
50 per cent; and
(b) where the purchase is made directly from the cane grower, the
commission shall be payable to the Council:
[Provided that different rates of' commission may be prescribed for a
factory and for a Gur, Rab or Khandsari sugar Manufacturing Unit:
Provided further that the State Government may by notification in the
official Gazette remit in whole or in p art such commission in respect of a
factory or a Gur, Rab or Khandsari sugar Manufacturing Unit for a limited
purpose specified in the notification.]1
(2) The commission payable under c lauses (a) and (b) of sub section (1)
shall be at such rates as may be prescribed:
Provided, however, that the rate fixed under clause (b) shall not exceed the
rate at which the commission may be payable to the council under clause (a).
(3) The provisions relating to payment, interest and recovery, including
recovery as ar rears of land revenue, applicable to price of cane shall mutatis
mutandis apply to payment and recovery of commission under sub-section (1).
Power to
declare
varieties of
cane to be
unsuitable for
use in factories
19- (1) The State Government may, by notification, declare that-
(a) cane of any variety grown in any area specified in such notification is
unsuitable for use in all or any factories situated in the said area ;
(b) ratoon cane of any variety grown in any area specified in such
notification is unsuitable for use in any or all factories situated in the said
area; and
(c) seed cane of any variety is unsuitable for distribution to cultivators in
an area as specified in such notification.
(2) The notification under sub -section (1) shall be issued after December 31,
and before September 1, in any calendar year.
(3) Where any seed cane of any variety has b een declared under sub -section
(1) to be unsuitable for distribution to cultivators in that area, the occupier of
factory or any other person acting on his behalf or C ane-growers' Co -operative
Society shall not distribute seed cane of such variety or varieties to any person to
be used by cane- growers or the members of Cane growers’C o-operative societies
in any area.
(4) Where cane or ratoon cane of any variety has been declared under sub -
section (1) to be unsuitable for use in a factory, the occupier of such factory or
any, other person acting on his behalf or a cane grower or a Cane growers’ Co-
operative Society shall not plant cane of any v ariety or keep ratoon cane of any
such variety.
1. Subs. by section 8 (3) of U.P. Act no III of 1960.
273
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 20-22]
CHAPTER IV
MISCELLANEOUS
20- [* * *]1
Determination
of occupier
[for the
purposes of
section 22]3
21- (1) Where the occupier of [a factory or a gur, rab or khand sari sugar
manufacturing unit] 2 is a firm or other association of ind ividuals [not being a
company]4 anyone or more of the partner or member thereof may be prosecuted
and punished under this Act, for any offence for which the occupie r of [the
factory or the gur, rab, or khandsari sugar manufacturing unit]2 is punishable :
Provided that the firm or association may give notice to the Collector that it
has nominated one of its members to be occupier of [the factory or the gur, rab or
khandsari sugar manufacturing unit] 2 for th e purpose of [this sub -section]5 and
such individual shall be deemed to be th e occupier for the purpose of [this sub -
section]5 until further notice cance lling his nomination is received by the
Collector or until he ceases to be a partner or member of the firm or association.
(2) Where the occupier of [a factory or the gur, rab or khandsari sugar
manufacturing unit]2 is a company anyone or more of the directors thereof, or, in
the case of a private company any one or more of the share -holders thereof may
be prosecuted and punished under this Act for any offence for which the occupie r
of [the factory or the gur, rab or khandsari sugar manuf acturing unit] 2 is
punishable :
Provided that the company may give notice to the Collector that it has
nominated a director or in the case of a private company, a share -holder to be the
occupier of [the factory or the gur, rab or khandsari sugar manufacturing unit]2 for
the p urposes of [this sub section] 5 and such director or share -holder shall be
deemed to be the occupier of [the factory or the gur, rab or khan dsari sugar
manufacturing unit] 2 for t he purposes of [this sub -section]5 until further notice
canceling his nomination is received by the Collector or until he ceases to be a
director or share-holder.
Penalties
22- If any person contravenes any of the provision of this Act or any rule or of
order made thereunder, he shall be liable to imprisonment up to six months or to a
fine not exceeding rupees five thousand or both and in the case of continuing
contravention to a further fine not exceeding one thousand for each day during
which the contravention continues.
1. Rep. by s. 9 (1) of U. P. Act no. XXII of 1956.
2. Subs. by s, 9 of U. P. Act no. III of 1960.
3. Subs. and be deemed always to have been subs. by s. 6(a) of U. P. Act VII of 1974.
4. Ins. and be deemed, always to have been inserted by s, 6(b), ibid
5. Subs. and be deemed always to have been subs. by s. 6(c) ibid.
274
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 22A-26]
[Powers of
certain officers
to investigate
into offences
punishable
under this Act
22-A (1) An Inspector specially empowered in relation to case generally or to any
class of cases by the State Government, by notification, in that behalf, may
investigate into any offence punishable under this Act committed within the limits
of the area in which such officer exercises jurisdiction.
(2) Any such officer may exercise the same powers in respect of such
investigation as an officer in charge of a police station may exercise in a
cognizable case under the provisions of Chapter XII of the Code of Criminal
Procedure, 1973.
Duty of
officers of
certain depart -
ments to report
offences and to
assist
Inspectors
22-B Every officer of the Police, Revenue and Excise Departments shall be bound
to give immediate information to an Inspector of all breaches of any of the
provisions of this Act which may come to his knowledge and upon request made
by an Inspector, to aid him in carrying out the provisions of this Act and the rules
made hereunder.]1
Institution of
proceedings
23- (1) No pro secution shall be instituted under this Act except upon complaint
made by or under authority from the (Jane Commissioner or the District
Magistrate.
(2) On the application of a person accused of an offence under this Act, the
Cane Commissioner or the Dist rict Magistrate with the previous concurrence of
the Cane Commissioner may at any stage compound such offence by levying a
composition fee not exceeding the fine which could be imposed for such offence.
(3) No Court inferior to that of a Magis trate of the second Class shall try any
offence against this Act or any order or rule made thereunder.
Special powers
of Magistrates
24- Notwithstanding anything contained in section 32 of the Code of Criminal
Procedure, 1898, it shall be lawful for a Magistrate of the First Class specially
empowered by the State Government in this behalf and trying any case under this
Act or any order or rule made thereunder to pass a sentence of fine not exceeding
five thousand rupees on any person convicted for any offence under this Act.
Protection of
action taken
under this Act
25- (1) No suit, prosecution or other legal proceeding shall lie against any person
for anything which is in good faith done or intended to be done in pursuance of
any order or rule made under this Act.
(2) No suit or other legal proceeding shall lie against the State Government
for any damage caused or likely to be caused by anything which is in good faith
done or intended to be done in pursuance of any order or rule made under this
Act.
Repeal and
saving
26- The U. P. Sugar Factories Control Act, 1938 (hereinafter in this section and
section 27 referred to as “the said Act”) is hereby repealed:
1. Insertion by section 3 of U. P. Act no. 34 of 1976.
275
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 27-28]
Provided that without prejudice to the general application of sections 6 and
24 of the U. P. General Clauses Act, 1904, with regard to repeal and continuation
of appointments, notifications, orders etc. unde r enactment repealed and re -
enacted, this repeal shall not prejudice or affect---
(a) the operation of any notice served, order made of any permit,
licence or sanction granted before the commencement of this Act under the
powers conferred by the said Act·
(b) the continued validity of any cess, tax, fee or other penalty assessed
or imposed under the said Act prior to its repeal or the power to assess or
impose any such cess, tax, fee or penalty in respect of the period prior to its
repeal or anything don e or permitted to be done thereunder, and such cess,
tax, fee or penalty may be assessed or imposed and any such thing done as if
the said Act had not been repealed;
(c) the continuance of a Board or Cane Development Council
constituted under the said Act and the same shall, till such Board or Council
has been duly constituted under and in accordance with this Act, exercise of
power, duties and functions exercisable or dischargeable by it under this Act;
or
(d) the continued operation of any immunity, exe mption or protection
granted by or under the said Act :
Provided further, that any area declared to be a reserved area or an
assigned area under the said Act shall, unless directed otherwise or
superseded by anything done or any action taken under this Ac t, continue in
force as if declared under this Act.
Transitional
provision
27- The State Government may for the purpose of removing any difficulties in
relation to the transition from the provisions of the said Act to this Act, by order
published in the official Gazette-
(a) direct that this Act shall during such periods as may be specified in
the order take effect subject to such adaptations whether by way of
modification, addition or omission as it may deem fit to be necessary or
expedient; and
(b) make such other temporary provision for the purpose of removing
any such difficulty as it may deem fit to be necessary or expedient :
Provided that no such order shall be made after twelve months from
the commencement of this Act.
Power to make
rule
28- (1) The State Government may make rules for the purpose of carrying into
effect the provisions of this Act.
(2) Without prejudice to the generality of foregoing power, such rules may
provide for-
276
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 28]
(a) the establishment and constitution of the [ Council;]2
(b) the dissolution and reconstitution of the [Councils]2 and other matters
incidental thereto ;
(c) the procedure to be followed in removal of members of the' Council ;
(d) the provisions for the conduct of business by-the [Council ;]2
(e) the manner of summoning of the annual meeting of the Council under
section 6, the business to be transacted at such meetings and the procedure
for the transaction of such business;
(f) the manner and form in which the fund placed at the disposal of the
Council under section 8 shall be maintained and the application and payment
from such fund; .
(g) the directions to be issued by the State Government to the Board and
Councils for carrying out the purposes of this Act;
(h) the duties, powers and function of the Sugar Commissioner and the
Cane Commissioner ;
(i) the matters relating to the appointment and other conditions of service
of inspectors to be appointed under section 11 and their duties, powers and
functions ;
(j) the time within which applications a nd appeals may be presented
under this Act, in cases for which no specific provision in that behalf has
been made herein;
(k) the fees to be paid in respect of application and appeals under this Act
(l) [ * * *]1
(m) the form of the agreement to be entered into by or under the
provisions of this Act and the penalty to be paid for breach of conditions of
agreement ;
[(n) the constitution, operation, management, supervis ion and audit of
Councils and control of their staff and finances and conditions relat ing to the
recognition of the U. P. Cane Unions Federation and Cane -growers' Co -
operative Societies for the purposes of this Act]2 ;
(o) the rate at which and the manner in which commission shall be paid
to the Cane-growers’ Co-operative Society on supply of cane by them ;
(p) the correct w eighment of cane, the provision of facilities for
weighment and for checking weighments and of timings of weighments ;
(q) the provision of approach roads, parking space for carts bringing cane
to factories, sheds for bullocks and cart drivers, water troughs for bullocks
and other connected matters;
1- Omitted by section 7 of U. P. Act No. VII of 1974.
2- Substituted by section 134(5) of U.P. Act No. XI of 1966.
3- Subs. by section 4 of Uttarakhand Act No. 09of 2009.
277
[The U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953] [Section 28]
(r) the reference to the Cane Commissioner of this disputes;
[(i) regarding the business of the Cane -growers' Co -operative
Societies, between the society and the factory or betwee n a cane -grower
and factory; ]1
(ii) between the Council and Cane -growers' Co-operative Societies
or between the Council and the Factory or between the Coun cil and the
Cane-grower regarding the payment of contribution to the Council by the
societies or the factories and any other dispute relating to the business of
the Council;
for decision to the Cane Commissioner or if he so directs to arbitration,
the mode of appointing arbitrators, the procedure to be followed before the
Cane Commissioner or the arbitrator and the enforcement of the decision of
the Cane Commissioner or the awards of the arbitrator or arbitrators ;
(s) the form of the statements, returns , register and other forms required
to be main tained by or under this Act and the filling of such returns,
statements and forms;
(t) the form and the manner in which application shall be made for
various purposes by or under this Act;
(u) the duties of a ny officer or authority having jurisdiction under this
Act and the procedure to be followed by such officer or authority ; and
(v) the matters which are to be or may be prescribed.
(3) The rules made under this section shall come into force from a date t o be
appointed by the State Government.
(4) All such rules shall be laid before the State Legislature when it meets
immediately after their enforcement and shall be subject to such omissions,
alterations and additions as the Legislature may make,
1. Substituted by section 134(5) of U.P. Act No. XI of 1966.