THE EAST PUNJAB MOLASSES (CONTROL) ACT, 1948

e S Fast Pb. Act XI] = MOLAssts (conTROL) THE EAST PUNJAB MOLASSES 1948, | TABLE OF CONTENTS. Sections. 167 (CONTROL) ACT, 1. Short title, extent and commencement. > 92. Interpretation. ! 3. Power of the Contro ler to ask for returns. 3-A. stornee of Controller to direct construction of tanks for 4, Other powers of the Controller. 5. Power of the Government to regulate prices etc. 6. Offences and Penalties. J. Liability for breaches by corporation or company. 8. Controller to exercise control over sugar factories through subordinates. ¥y 9. Power of entry and seizure. 10. Procedure for seizure. 11. Delegation of Powers. 12. Power to exempt. 13. Rules. 14, Repeal. 1948 : East Pb. Act XI] motassgs (CONTROL) 169 1THE EAST PUNJAB MOLASSES ACT, 1948, aE) East PuNyAB ACt No. XI oF 1948, Received the assent of His Excellenc y the Gov Ist April, 1948, and was first published in the East pare jab a mment Gazette (Extraordinay) of April 3, 1 2 3 4 Whether repealed or otherwise Year No. Short title affected by legislation Amended in part by the Adaptation 1948 XI East Punjab Molasses of Laws Order, 1950. ° (Control) Act, 1948 Extended to the territories, which imre- diately before the Ist Novembe ,, 1956, were comprised in the State of Patiala and East Punjab States Unicn, by Punjab Act 23 of 1957.2 Amended by Punjab Act IX of 19642 Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on o_o and Concurrent Subjects) Order, 68. An Act to provide for the control of price and movement of mollasses in East Punjab. | It is hereby enacted as follows :— 1. (1) This Act may be called the Punjab Shae te eee Molasses (Control) Act, 1948. ment. (2) It extends to the whole of ‘[Union territory of Chandigarh]. (3) It shall come into force at once. j tte, 1For Statement of Objects and Reasons, see East Punjab Government Gazette, 1948, page 160; -for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Volume II, 1948, pages 678—80. *For Statement of Objects and Reasovs,see Punjab Government Gazette (Extraordinary), 1957, page 689- . - 8For the statement of Objects and Reasons, see Punjab (Extraordinary), 1964, pages 260-61. ‘Substituted for the word “Punjab” by the Punjab Reorganisation (Chandigarh) - (Adaptation of Laws oa State and Coacurrent Subjects) Order, 1968. Government Gazette 170 MOLASSES (CONTROL) Interpretation Power of the Controller to ask for returns. (1948 : East Pb. Act yl] 2. In this Act, unless there is anything repugnant if ° ’ subject or context— (a) “the Government” means the “[Central Govern- (0) (c) an! ment] ; a “Controller” means the . ciueetben> een Commissioner, [Union , 0 igarh] molasses” "means the heavy, dark-coloured sidual syrup drained away in the final stage of the manufacture of sugar by vacuum pans.or. in open pans. in sugar factories either from sugarcane or by refining gur ; when such. syrup. has a density of not less than 75 degrees brix and a fermentable sugar content (expressed as reducing sugars) of 19 per cent; ‘[(ca) ‘distillery’? means any premises where, under 1914, power, potable or industrial alcohol is manufactu-ed ; a licence issued under the Punjab Excise Act, (cb) ‘‘occupier of a distillery’? means any person who has control over the affairs of a. distillery ;] - (d) “sugar. factory” ‘means. any premises, including. the land, godowns. or outhouses appurtenant thereto, whereon twenty or more workers are Working, or- were working .on any. day: of the preceding twelve months, and in any part of (e) “occupier of 2 Sugar factory” me Se Te vals any: person who has control Over the q rs ain, Deh factory. affaits ‘of "a sugar 1Substituted for the words “State Gove (Chandigarh) (Adaptation of ‘Laws o *Substituted for the worg “Punjab” rmment” by the Punjab Reorgaitisa jon n State'and Concurrent gu bjécteh Order i968, sInserted by Punjab. Act No..9 of 1964,. 1948: East Pb. Act XI.] MOLASSES (CONTROL) 171 such returns relating to stocks of molasses in his possession ‘as may ‘be specified in the order. 3A. (1) The Controller, may by order in writing, Power of Controller ‘direct’any owner or occupier of a Sugar Factory or dis- owt ache wer tillery or any other person permitted to store and preserve storage of molasses “molasses urider clause (ia) of sub-section(/) of section 4 to construct within such time as may be specified in the order ‘tanks for the storage of molasses. (2) Where any person directed under sub-section(/) to construct tanks fails to do so, the Controller may ‘cause tanks to be constructed through any other agency and recover the cost of construction from the ‘défaulter ‘ds arrears of land revenue.] 4.(1) Save in accordance with a wri wit ic. Other powers of (1) § written permit is- Other poner sued by the Controller no person shall— (i) move molasses by road, rail , river, or other means, or 'I(ia) Store or preserve molasses, or,] (ii) sell or otherwise dispose of molasses to any per- son, other than the Government or a person licensed by the Government in this behalf. (2) The Controller may, by order in writing , direct the owner or occupier ofasugar factory to supply molasses of such quality and in such quantity ac such times and in such manner to |such person or persons as the Controller may direct. | a : Power of the 5 The Government may from time to time— comet of regulate prices, etc. (a) regulate the prices at which and the manner in which different.grades of molasses may be sold; ‘and (b) prescribe the manner in which molasses shall be graded, marketed, packed or stored for sale. 316, (1) Where any person contravenes any provision penalities. of this Act or of any rule, order or direction made oF given thereunder, the Controller may, after affording such person an opportunity of being heard, direct him to pay “IEnserted by Punjab Act No. 9 of 1964. “aInserted by ibid. *Substituted by ibid. — 172. mozasses (CONTROL) [1948: East Ph, Act x | I eding five h b f penalty a sum not exceeding WNdre rupees ond if tte contravention is a continuing one t, Day a penalty not exceeding one hundred rupees for Cach q after the first during which the contravention Continues! 2). In addition to the penalty specified jp Sub. sectisn (J) the Controller may direct that any stock molasses in respect of which the Controller jis Satisficg that the contravention has taken place, shall be forfeite to the Government in whole or in part. (3) An appeal against the order of the Contr ole, passed under sub-section (/) or sub-section (2) shall lie to the Financial Commissioner, Taxation, within thirty days of the date of passing of such order and in such oe as may be prescribed by rules made under this ct.] Liability for 7. Ifthe person contravening an order made under imal one. this Act or any rules made thereunder is a corporation, company, partnership firm, or association of persons, every director, partner, manager or secretary thereof shall, unless he proves that the contravention took place without his knowledge or that he excercised alldue diligence to prevent such contravention be deemed to be guilty of such contra- vention. Contr-Iler to exer- [8 (J) The Controller may, for carrying out the contr} oye and purpose of this Act or the rules, orders or directions made facturies through OF given thereunder, Post at or depute to any sugar SubOrdinates, factory any person subordinate to him for supervising and controlling the issue, storage and sale of molasses at the sugar factory. (2) For the purposes of sub-section (/), the occupier of a sugar factory shall provide all reasonable facilities to the person referred to in that sub-section of entry and inspection and for being posted -at or deputed to his sugar factory.] Power of entry . % (/) Any police Officer not below the rank of a Sta- and seizure, tion House Officer or any officer duly empowered by the Controller in this behalf, may— (a) enter and search at any time any premises in which he has reason to believe that any molasses ———— ‘Substituted by Punjab Act No. 9 of 1964, 1948: East Pb. Act XI.] MOLASSES (CONTROL) 173 in respect of which any offence punishable under this Act or any rule or order made thereunder has been, or is about to be committed, are kept or concealed, (b) seize such molasses and any box, receptacle, package or covering containing such molasses. (2) All searches made under this section shall be in accordance with the provisions of the Code of Criminal] vof Procedure, 1898 (V of 1898). _ 10. (1) A report about any molasses or article procedure seized under section 9 shall, as soon as possible, be submit- seizure. ted to the Magistrate having jurisdiction who may, after making such: inquiry as he may consider necessary, give such directions for their temporary custody as he thinks fit. (2) Where no prosecution is instituted, the Magistrate shall direct the return of such molasses or articles to the person from whom they were seized. 11. The Controller may, by notification, direct that netegation 91 any power conferred or any duty imposed on him mays Powers. subject to such conditions as he may specify, be exercis- able by any officer subordinate to him. 12. The Government may by notification exempt ANY power to exempt area a any person from all or any of the provisions of this Act. 13. (1) The Government may, by notification, make Rules. rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generali- ty of the foregoing power, such rules may,— | for (a) prescribe the specifications and tests in respect of the purity of molasses ; (b) prescribe the forms and returns to be submitted, .“and records and books to be maintained by any sugar factory ; (c) regulate the taking of samples of molasses ; and (d) prescribe the form and conditions of any licence granted under section 4. 14. The East Punjab Molasses Control Ordinance, pepeal of Ordi- 1947, is hereby repealed, and any rules made or notification nares No. XIl of issued, anything done and any action taken in exercise O any power conferred by or under the said Ordinance shall be deemed to have been made, issued, done or taken in exercise of powers conferred by or under this Act as if this Act had commenced on the 10th day of December, 1947.