The West Bengal Molasses Control Act, 1949

West Bengal Act XIV of 1949 
THE WEST BENGAL MOLASSES CONTROL ACT, 1949. 
[Passed by'the West Bengal Legislature.] 
[Assent of the Governor General was first published in the Calcutta Gazette, nxtraorctinary, of the 31st March, 1949.] 
An Act to provide for control of the production, supply and 
distribution of, and trade in, molasses in West Bengal. 
WHEREAS it is expedient to provide for control of the 
production, supply and distribution of, and trade in, molasses 
in West Bengal; 
It is hereby enacted as follows :- 
1. (1) This Act may be called the West 
Molasses Control Act, 1949. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on the let day of April, 1949. 
(4) It shall remain in force for three years only but the 
Provincial Government may, by notification in the Official Gazette, direct that it shall remain in force for such further 
period or periods not exceeding two years in the aggregate 
as may be specified in the notification. 
2. In this Act, unless there is anything repugnant in the 
subject or context,— 
(a) "molasses" means the final residual by-product of 
factories manufacturing sugar from cane, or by 
refining gur, by means of vacuum pans, but does 
not include convertible molasses which are the 
final residual by-product of factories operating on 
the open pan system; 
(b) "notified order" means an order, notified in the 
Official Gazette. 
3. (1) The Provincial Government, so far as it appears 
to it to necessary or" expedient for maintaining or increasing 
the supply of molasses or for securing the equitable distribu-
tion or availability of molasses at fair prices, may, by notified 
order, provide for regulating or prohibiting the production, 
supply and distribution thereof and trade therein within 
West Bengal. 
(2) Without prejudice to the generality of the powers 
conferred by sub-section (1) an order made thereunder may 
provide,— 
(a) for regulating by license, permits or otherwise the 
production of molasses; 
(b) for controlling the prices at which molasses may be 
purchased or sold; 
(c) for regulating by license, permits or otherwise the 
storage, transport, distribution, disposal, acquisi-
tion, use or consumption of molasses; 
(d) for requiring any person holding stocks of molasses 
to sell them at fair prices to specified persons or 
classes of persons or in specified circumstances ;  
Price—Indian, arenas 3 ; English, 4d_ 
Definitions. 
Powers to 
control pro-
d uction, 
supply and 
distribution 
of, 	 and 
trade in, 
molasses. 
Bengal Short title, 
extent, 
commence-
ment and 
duration. 
Saving. 
2 	 The West Bengal Molasses Control Act, 1949. 
[West Ben. Act 
(Sections -  4 6.) 
(e) for collecting any information or statistics with a 
view to regulating or prohibiting any of the 
aforesaid matters; 
(f) for requiring persons engaged in the production, 
supply or distribution of, or trade in, molasses, to 
maintain and produce for inspection any books, 
accounts and records relating to their business and 
to furnish any information relating thereto; 
(g) for any incidental and supplementary matters, 
including in particular the entering and search of 
premises, vehicles, vessels and aircrafts, the seizure 
by a person authorised by the Provincial Govern-
ment in writing to make such search of any 
molasses in respect of which such person has 
reason to believe that a contravention of the order 
has been, is being or is about to be committed, the 
grant or issue of licenses, permits or other docu-
ments, and the charging of fees therefor. 
(3) Nothing in sub-sections (1) and (2) shall authorise 
the making of any order which prohibits or restricts, or 
enables any action to be taken for prohibiting or restricting, 
the entry into, or export from, West Bengal of any molasses. 
4. Any order made or deemed to have been made under 
any provision of the Bengal Molasses Control Ordinance, 
1946, as enacted and continued in operation by or under the 
Bengal Ordinances Temporary Enactment Act, 1947, and as 
further enacted and continued in operation by or under the 
West Bengal Expiring Laws Act, 1948, and in force 
immediately before the commencement of this' Act, shall 
continue in force and be deemed to have been made under 
the corresponding provision of this Act, and all licenses or 
permits granted, orders, directions or notifications issued and 
prices fixed under any such order, and in force immediately 
before such commencement, shall likewise continue in force 
and be deemed to have been granted, issued or fixed in pur-
suance of the provisions of this Act and all penalties incurred 
and all proceedings commenced under the said Ordinance 
as so enacted and continued in operation shall be deemed to 
have been incurred or commenced under this Act. 
Effect of 	 5. Any order made or deemed to have been made under 
orders in- section 3 shall have effect notwithstanding anything 
consistent inconsistent therewith contained in any enactment other than with other 
enact. 	 this Act or in any instrument having eftect by virtue of any 
=tents. 	 enactment other than this Act. 
Penalties, 	 6. If any person contravenes any order made or deemed 
to have been made under section 3, he shall be punishable 
with imprisonment for a term which may extend to three 
years or with fine or with both, and, if the order so provides, 
any Court trying such contravention may direct that any 
property in respect of which the Court is satisfied that the 
order has been cont .  evened shall be forfeited to His Majesty. 
Ben. Ord. 
III of 1946. 
Ben. Act I 
of 1947. 
West Ben. 
Act V of 
1948. 
Cognizance 
of offences. 
Protection • 
of action 
taken 
under the 
Act. 
Act XLV 
of 1860. 
The West Benggt Motailses Control Act, 1949. 	 3 
XIV of 1949.] 
(Sections 7-10.) 
7. Any person who attempts to contravene, or abets a 
contravention of, any order made or deemed to have been 
made under section 3 shall be deemed to have contravened 
that order. 
8. If the person contravening an order made or deemed 
to have been made under section 3 is a company or other 
body corporate, every director, manager, secretary or other 
officer or agent thereof shall, unless he proves that the con-
travention took place without his knowledge or that he 
exercised all due diligence to prevent such contravention, be 
deemed to be guilty of such contravention. 
9. No Court shall take cognizance of any offence punish-
able under this Act except on a report in writing of the facts 
constituting such offence made by a person who is a public 
servant as defined in section 21 of the Indian Penal Code. 
10. (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 
made or deemed to have been made under section 3. 
(2) No suit or other legal proceeding shall lie against the 
Crown 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 made or deemed to have been made 
under :section 3. 
Attempts, 
etc., to 
contravene 
orders. 
Offences by 
corpora. 
tions. 
WBCP-49/60-5473A-211 

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