The West Bengal Molasses Control Act, 1973

0 
GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act VI of 1973 
THE WEST BENGAL MOLASSES CONTROL 
ACT, 1973. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta 
Gazette,. Extraordinary, of the 19th March, 1973.] 
[19th March, 1973.] 
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; 
AND WHEREAS previous sanction of the President under the proviso 
to clause (b) of article 304 of the Constitution of India has been obtained; 
It is hereby enacted in the Twenty-fourth Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Molasses Control Short title 
Act, 1973. 	 and extent. 
(2) It extends to the whole of West Bengal. 
2. In this Act, unless there is anything repugnant in the subject or Definitions. 
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 State Government, so far as it appears to it to be Powers to 
necessary or expedient for maintaining or increasing the supply of control pro 
duction, 
molasses or for securing the equitable distribution or availability of supply and 
molasses at fair piices, may, by notified order, provide for regulating of,
tri  
an 
disbdu
trade
tion 
the productiotesupply and distribution thereof and trade therein within in, molasses. 
West Bengal. 
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The West Bengal Molasses Control Act, 1973. 
[West Ben. Act 
(Section 4.) 
(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, acquisition, 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; 
(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 State Government 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 documents, 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. 
Delegation of 	 4. The State Government may by notified order direct that the 
Powers. 	 power to make -orders under section 3. shall, in relation to such 
matters and subject to such conditions, if any, as may be specified in 
the order, be exercisable also by the Excise Commissioner as 
defined in clause (8) of section 2 of the Bengal Excise Act, 1909, or Ben. Act V 
by a Collector as defined in clause (5) of the said section -of the of 1909.  
said Act. 
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The West Bengal Molasses Control Act, 1973. 
VI of 1973.] 
(Sections 5-10.) 
5. If. any person contravenes any order made or deemed to have Penalties. 
been made tinder section 3, he shall be punishable with imprisonment 
fora 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, contravened shall be forfeited to Government 
6. 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. 
7. 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 contravention took place without his knowledge or 
that he exercised all due diligence to prevent such contravention, be 
deemed to be guilty of such contravention. 
Attempts, 
etc., to 
contravene 
orders. 
Offences by 
corporations. 
8 No Court shall take cognizance of any offence punishable under Cognizance 
this Act except on a report in writing of the facts constituting such of offences. 
offence made by a person who is a public servant as defined in section 
45 of 1860. 21 of the Indian Penal Code. 
9. (1) No suit, prosecution or other legal proceeding shall lie against Protection of 
any person for anything which is in good faith done or intended to be action taken 
under the 
done in pursuance of any order made or deemed to have been made under Act. 
secttion 3. 
(2) No suit or other legal proceeding shall lie against the Government 
for any damage caused or likely to be caused by anything which is in 
good faith done or intended to he done in pursuance of any order made 
or deemed to have been made under section 3. 
President's 
Act 25 of 
1971. 
10. (1) The West Bengal Molasses Control (Re-enacting) Act, 1971, 
is hereby repealed. 
(2) Notwithstanding such repeal, any license or permit granted or 
deemed to have been granted, any order made or deemed to have been 
made, any direction or notification issued or deemed to have been issued, 
any price fixed or deemed to have been fixed, any proceeding commenced 
or deemed to have been commenced, any liability or penalty incurred 
or deemed to have been incurred, any punishment awarded or deemed 
to have been awarded, anything done or deemed to have been done or 
any action taken or deemed to have been taken under any provision of 
Repeal and 
savings. 
13 
The West Bengal Molasses Control Act, 1973. 
[West Ben. Act VI of 1973.] 
(Section 10.) 
the West Bengal Molasses Control Act, 1949 or of the said Act as re-
enacted by the West Bengal Molasses Control (Re-enacting) Act, 1971, 
as the case may be, shall continue in force and be deemed to have been 
validly granted, made, issued, fixed, commenced, incurred, awarded, 
done or taken, as the case may be, under the corresponding provision 
of this Act as if this Act were in force on the day on which such license 
or permit was granted, such order was made, such direction or notification 
was issued, such price was fixed, such proceeding was commenced, such 
liability or penalty was incurred, such punishment was awarded, such 
thing was done or such action was taken. 
(3) Any order made or deemed to have been made under section 3 
shall have effect notwithstanding anything inconsistent therewith 
contained in any enactment other than this Act or in any instrument 
having effect by virtue of any enactment other than this Act. 
(4) Notwithstanding anything contained elsewhere in this section, 
no contravention of, or failure to comply with, any provision of the West 
Bengal Molasses Control Act, 1949, as re-enacted by the West Bengal 
Molasses Control (Re-enacting) Act, 1971, shall render any person guilty 
of an offence if such contravention or failure had occurred on or after 
the 1st day of April, 1971, but before the 30th day of December, 1971. 
West Ben. 
Act XIV of 
1949. 
President's 
Act 25 of 
1971. 
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