THE PUNJAB SUGERCANE (REGULATION OF PURCHASE AND SUPPLY) ACT, 1953

. Pb. Act XL] SUGARCANE (REGUL, 1953 : P PURCHASE AND suApT;y?;l) o m . PUNJAB SUGARCANE (REGULA THE JURCHASE AND SUPPLY) ACT, ooN OF TABLE OF CONTENTS SECTIONS. 1. Short title, oxtent and commencement, Definitions. Sugarcane Control Board. Appointment of Cane Commissioner. Determination of ‘‘occupier” for purpose of this Act, Appointment of an agent. Licensing of Purchasing. Duties of an agent. P P N A W Penalty for contraventions not otherwise provided for, s Estimate of quantity of cane required by factdry. Survey of area. I Powors to declare varieties of cane to be unsuitablo for use in factories. —_ » Prohibition of distribution of certain kinds of seedcane, 14, Purchase of cane in assignoed area. I5. Purchase of cane outside the assigned area. 16, Maintenance of register. Tax on the purchase of cane. 17A. Power to refund tax on cane untilized for manufacturing sugar exported out of India. Institution of proceedings. Bar of suit or other proceedings. Power to make rules. Repeal of the Sugarcane Act, 1934, and the Sugarcane (Punjab Amendement) Act, 1943, and saving. G Scanned with OKEN Scanner refinitions. 276 SUGARCANE (REGULATION OF [1953 . Pb. 4 PURCHASE AND SUPPLY) * Aet x (3) It shall come into force at once, 2. In this Act unless the contex( otherwise Tequireg (7) “assigned area” means an area assigned factory under this Act : g to 2 (2) “Board” means the Sugarcane_Contro] Board; (3) “cane” means sugarcane intended for yse in afactory ; (4) “Cane Commissioner” means the officer ap- ?omtpd by the Government to perform the unctions of Cane Commissioner; (5) “cane-grower” means a person including a tenant who cultivates cane either himself or through members of his family or through hired labour , and who is not a member of a Cane-grovers’ Co-operative Society ; (6) “Cane-growers’ Co-operative Sociely” means a society registered under Co-operative Societies Act, 1912, one of the objects of which is to sell scane grown by its members ; (7) “Collector” means (he Chief Revenue Authority of a district ; b (8) “crushing season” means the period commenc- ing on the 15th day of October in any calendar year and ending on the 30th June of the follow Ing year ; (9) “factory” means a sugar factory wherein éo or more workers are working, or were woi' A ing, on any day of the proceeding twel v_ months, and in any part of which any manl;- facturing process connected with the pr'odqI tion of sugar is being carried on or is ordinarily carried on with the aid of power:; (10) “Government”’ means the 1[Cental Govern' ment]. i isa tion 'Substituted for the words**State Government” by tho Punjab Reorganissio (Chandigarh) (Adgplalior:v of Laws on State and Concurrent (Subjects) Order, 19 G Scanned with OKEN Scanner , pp. Act XL SUGARCANE (REGULA P PURCHASE AND SUPPL\T(;ON or M 1) «gccupier of a factory” mean (1 Sho has control_over the aflairsso}h:fp erson vhere the affairs of a factory are en?:l:;%’ a A (o the managing agent, such agent ; ibed” means prescribed by rules made 1[Union territory of Government shall establish and constitute Sugee Coutrol 3 rd. 3, (1) The o Sugarcan® trol B.oard' for the State and ascribe to it such duties and functions in pursuance of the provisions may be prescnbed. of this Act, a8 (2) The Board shall consist of fifteen members. he Board (3) The term of the Bo ovided that the Government may dissolve ¢ i if it is satisfied that it is pri before the exXpiy of its term pecessary to do so. ard shall be three Years; (9 No proceedings of the invalid for the mere fact that there was oné or filled vacancy in the Board at the time ings took place. . 4. The Government ma¥ appoint a1y i be (he Cane Commissioner and may 8ls appoll. cary ?lher staff, body oOr commiltee as may be d:r this :étthe performance of any duty or funetion 34 o or apuema® ractory, 15 & I 0o e ab o 5, Where the occupier of a * gempany of N et associalion: 4% one of it8 PAns u';gctors,' or members may and P er this Act for any Off Cce of the factory is punnshy unjab “""filfig{n 15, (Chapg istituted for the gs “state of P digarh) (Adaptation ovfol{a:vs onaS!a!c and Co (& scanned with OKEN Scanner Y SUGARCANE (REGULATION OF [1953 , P gl PURCHASE AND SUPPLY) LA Xt Provided that suchfirm or compan or - may give notice to the Cane Con}nugsio%er ‘?1“:‘00'12111‘-," nominated one of its partners or directors OF mept hag be the occupier of the factory for the PUrposes Frs to Act and such individual shall be deemed to be the ocn. this for the purposes of this Act until further Notice Cancé‘l-'" his nomination is received by the Cane CommiSSione,mg Appointment of an 6. (1) No cane shall be purchased fo, a sy agent, factory unless its occupier has, in the prescribed fogar sent a notice of such intention to the Cane Comlnjssio;e nominating one or more person as agents for making Suclrl purchases, and no agent shall be changed, without prior notice in writing to the Cane Commissioner, (2) Any person appointed as agent under sub- section (1) shall deposit as security a sum of Tupees one thousand in cash or Government Promissory Notes and no person shall be deemed to have been appointed as agent until such deposit is made, and he has been given a licence in the manner prescribed. Licensing of 7. (I) No person shall act as purchasing agent Purchasing. under this Act, unless he has been licensed as such in the prescribed manner. (2) No person other than a purchasing agent shall be employed by an occupier of a factory to do any work in conneclion with any (ransaction for the purchase of cane within the State. (3) A licence shall not be granted to any person uqde‘l‘ sub-section (1) unless such person has paid the rescrlbee deposit or furnished the prescribed security and the Cflff Commissioner may subject to rules made in this behall, in case of any breach of the conditions of the llcencgi order that the deposit paid or security furnished in res °." of such licence sgall be forfeited to Government or § ti}‘w not be returned before the prescribed period or (hatu o whole or any portion of such deposit or security sha e paid to any person who has suffered any loss owing to misconduct or default of such licensee, 1l Duties of an agent. 8. (1) The agent or agents of a sugar t:ac(gry ;?:“ maintain an office in one or more places within the G Scanned with OKEN Scanner = 1953 .Pb. Act XL] SUGARCANE (REGULA PURCHASE AND sbpq;,&‘)op P be required by the C . s MY ane Commissi aintain such accounts and submit S::;}or:g, o Siatements as may be prescribed. s and ) If an occupier or an agent — (a) intentionally fails to maintai aintain document or register, or correctly any (b) intentionally commits any b condition or duty imposcyd un:icearChthx%f .:;y he shall be punishable with fine which may extend to two thousand rupees for every suci failure or breach. . An TS i 181, Penalty for contrae 9 y person contravening any of the provisions of Tertel nor other- Act or of any rul is otherwise provided, shall be punishable with fine which may extend to two thousand rupees. 10. (1) The Cane Commissioner may occupier of any factory fto submit to him on or before aurd i i ity of cane factory- any specified date, an estimate of the quantity intended to be purchased for his factory during any particular crushing season. (2) On receipt of an estimate, the sioner shall cause the same to be submitted to the Sugarcane Control Board for their approval. C Board shall be competent . onfirm , mOdt“Z or rejoc the estimate, and in case of its not being rejgg s% d) the area from whi e purc d term and conditions a5 1 (3) If the Sugarcan® Control Boarfd istfig lhgrzglsr:c;n that a survey of any ared is necessary :;] mismpo cposs < assigning it to a factorys the Can "Bl result to the cause such survey to be mace nd rep Sugarcane Control Board:. 1 ¢ ¢ be payable by the occupier © f i inbefore 11. () Every survey mqntg)%edthe é‘z‘letile]bCCOHl- shall be made by an officer authtz]r){csg y missioner in the manner prescribec- e made thereunder, for which no penalty wise provided for- Estimate order the ity of sape y Survey of ared G Scanned with OKEN Scanner RCANE (REGULATION OF [1953 . Pb, Ac 20 SUGP/:JRCHASE AND SUPPLY) t X, 2) Every person owning or occupying lang any fll’e(a)il’ respect of \v_hlch a survey is bemg Mmade Shal]l afford to the officer making the said survey such aSSiStan% and facilities for making the said survey as may be fle%ssary 3) Any amount due from the occupier of 5 factory ; 1-cspe(cl) of a survey shall be recoverable from sycp Orglcul} pier as an arrear of land revenue, Powers to declare 12. The Government may, on the recoxpmendatim, be unsuitable for of the Sugarcane Contro] Board, declare unsuitable for a]) use in factories. . any factory cane of any variety grown in any arey competent to purchase any cane declared unsuitable for his factory. S § 13 (D) The occupier of 4 OLCAREY or any oter gerain kinds of persop acting on his behalf shall not distribute seed cane seedcane. of any variety to any person to be used by cane-growers or the members of Cane growers’ Co-operative Societies I any area if the same has been declared under this Act, to be unsuitable for the factory. Purch, f in assiged 20 14, (1) A cane-grower o 4 Cane-growers® Co-opera- Which the areq ig assigned, cane own by the cane-grower or by the members of sycp Cag:e-growers’ Co-operative i Sociely, as he Case may be, not exceeding the quantity i gregcnbed for such grower o Cane-growers’ C o-operative > y. tive Society, a5 the case may be, in such form, by such date and on such tepyy and conditions as may be prescribed, o e Purbose of pur chasing the cane offered in accordance e Sub-section (1), No person other than the agent dorementioned gpqli purchase or enter into an agreement ¢ Purchase cane groyp by members of a Cane-growers G Scanned with OKEN Scanner = 1953 © Pb. Act XL] SUGARCANE (R PURCHASE AYSDISI_‘IJ}I;’AIT‘I!;) NoF 281 Co-operative Society from an 1 L ) dance with such “gr°°mel¥h ther person except in accor' (3) Except with the permissio . 3 sston ne grown in an aSSIgncJ arca sh:\ll(:,ro:h ge Governmen t, any person other than the agent of the hciopur?h asc(l b such area has been assigned. actory for whic It shall be competent for the < . me resc : to spec!fy any arca within the assigne% ar;zllbg(fl 3 ltl'!xic‘;?my the entire cane of whicharea the agent of the sa(id ‘fac?cg v shall be’bound to purchase, and the cane-growers or Canejf OWETS Co-operative Society shall be bound to sell to the Purchase of can® said agent. 15. If the cane-growers or Cane-growers’ Co-0pera- ;i . o the assigned area are not - tive Society or .Societies i willing to enter into agreement fo supply or fail to supply the requisite quantity of cane, the agent may, after giving the prescribed notice to the Cane Commissioner, purchase the balance of the cane required by him from outside the assigned area. Maintenance of 16. (1) The agent of 2 factory for the DUTPOSES Xgister. been assigned shall maintain 2 of which an area has register in the prescrlbed form and manner. (2) The Government may prescribe the pro for— cedure of entries in, and the addition a) the correctiont ind = of new entries, 10> such register; (b) the ‘payment of costs i connetchzonn\lagl tllgeiucig correction Of addition, anli e which such cosis shall be red zed | i ies in (c) the supply, 0P payment, of copies of entries the register: nays a“efffi;,";‘“‘a ‘;; pur- vernment 17. (1) The ’[CSegéglcaf;’cO mml Board, _/ consultat ion with the ' ‘ j anisation. by P Reci 1568, o vernment Go d Concurrc . «wgtate 1Substituted for the words’ 2 te an ubstituted 0 ation of LaWS on Sta G Scanned with OKEN Scanner GARCANE (REGULATION OF [1953 . P, 82 sv PURCHASE AND SUPPLY) b. Act Xy not exceeding three annas per maund fiftg’ne by or on behalf of a sugar f: » 0N the u UBAr factory ang ,,Pur is so imposed it shall be notified in the officj fie" and shall be charged, levied and Collected ip the ;::lte, prescribed ; Ner chaSe Provided that a nolification imp, sing the ¢ issued during a crushing season shall be, and shay gx deemed always to have been, in operation from °°mmenc; ment of such season.] (2) All sums due a5 the afore- not paid by the dye date, sha]l be i of land revenue. Mentioned t, X, and €Coverable a5 arears Power torefund tax 2[17-14 . oncane utilized for manufacturing has exported out of India any quantity of sy, S}x{iard_txpomd out factured by it, may refund 0] 1a. Institution of 18. (1) No prosecution shall pe instituted under proceedings, this Act except upon g complaint made by a District Magistrate. exceeding two thousand Tupees judgment in the case has been announced. (3) No court inferior to that of 5 *[Judicial Magistrate] of the first class shal] try any offence under this Act. Bar of suit or other 19. No suit, Prosecution or other legal proceedl"g proceedings. shall lie against the overnment or against any ersl‘))6 for anything which s ip 8ood faith done or intended to done under this Act of the rules framed thereunder. -— 1Added by Punjab Act No. 19 of 1959, *Inserted by Punjab Act No. 7 of 1966. *Substituted for the word “Magistrate by Punjab Act No. 25, 1964. (& scanned with OKEN Scanner 1953 ¢ Pb. Act XLI SUGARCANE (reguLTion OF 283 PURCHASE AND SUPPLY) 20. (I) The Goverriment m o 1 a out the provisions of this Act, Yy make rules to carry Pover to make rules, 2 In particular and without prejudice to the e gene- rality of the foregoing powers for :— » such rules may provide (a) the constitution, powers ¢ of the Sugarcane Contfofilg&sr ;r}d procedure b) the powers i ® sion%r ; and duties of the Cane Commis- (C) the authorl‘fies by WhiCh any fullct‘l ons under this Act or the rules made ‘hefe\lflde are t N T are to (d) the form in which any notice i e et should bo ygiven ;s required under (e) the procedure to be followed in making a survey under.this Act, the manner of calculating the cost of such survey, the amount to be deposited in connection therewith and the assistance to be afforded by owners and occupiers of land to the officer making such survey ; (f) the form of agreement to be entered into for N the purchase of cane, the date by which such agreement should be made and the terms and conditions thereof 3 i hased tity of cane which may be purct ® til:]e ;lxila:s;i)éne d area ldunng any partlcular crushing season the maintenance <, of notices and ® thf? post;gg registers and ac oui\ts faggptig: of Teeon of returns: the supply © coples ; ?herein and the fees to be charg o minimum price of . d by Ww i v 2 ‘l::eangg ‘tl(l)obe fix}éd_undef.‘h‘s Act, G Scanned with OKEN Scanner T 284 SUGARCANE (REGULATION OF [1953 : Ph, 4 PURCHASE AND SUPPLY) « Act (j) the form and manner in which applicar: for licences may be made, the tI:Ir)nla?“om conditions of “each licence, thejy renen 4 suspension and cancellationt anq the fo 2 be charged for the same ; feesty (%) the correct weighment of cane, the provic: of facilities for weighment and for %];’e‘gil!gn weighments, and timings of weighmens ¢ (1) the payment of the price for cane ;and (m) any other matter which is to be or may pe prescribed under this Act. Repeal of the 21 Sugarcane Act, P3.andthe” in S0 far as it is applicable to the State of Punjab, and the been done or taken under the ‘Punjab Sugar Factories Control Act, 1950 (Punjab Act I of 1950) shall, to the extent of being consistent with the provisions of this Act, as if this Act were in force at the time when such thing was d_one or such action was taken. G Scanned with OKEN Scanner