(1) The Bihar Molasses (Control) Ordinance, 1946 (Bihar Ordinance 1 of 1946) is hereby repealed.
(2) Any rule, order, notification, direction or permit made, issued given or granted or deemed to be made, issued, given or granted under the said Ordinance and in force immediately before the commencement of this Act shall continue in force and be deemed to be a rule, order, notification, direction or permit made, issued, given or granted under this Act; and anything done and any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act had commenced on the 1st October, 1946.
Schedule A (See Section 8) Price per Quintal of molasses including loading and shunting charges payable during the period prior to the first day of January, 1959.
(i) Sugar factories in North Bihar …. 85 P
(ii) Sugar factories in South Bihar …. 50 P 1 [Schedule 'B'] (See Section 8) Price for different grades of molasses payable to Sugar Factories :- Grade of Molasses Percentage of total sugar contents (expressed as reducing sugar) Price per quintal of molasses payable to sugar factories including loading, shunting & storage charges.
1 2 3 Grade I 50 per cent and above Rs. 45/- (Rs. Forty five) per quintal.
Grade II 45 per cent to 49.99 per cent Rs. 40/- (Rs. Forty) per quintal.
Grade III 40 per cent to 44.99 per cent Rs. 30/- (Rs. Thirty) per quintal.
Grade IV 37 per cent to 39.99 per cent Rs. 25/- (Rs. Twenty five) per quintal.
Below 37 percent Rs. 15/- (Rs. Fifteen) per quintal.
1. Subs by S.O 91 dated 18-01-1996 THE BIHAR MOLASSES (CONTROL) AMENDMENT AND VALIDATING ACT, 1999 (Bihar Act 1, 2000) 2 AN ACT To amend the Bihar Molasses Control, 1947 Preamble:- Whereas, it was notified under notification No. 476 dated 22nd December, 1995 that administrative charges at the rate of Rs. 15.00 per quintal of Molasses having reducing sugar of 37 percent or more and at the rate of Rs. 10.00 per quintal of Molasses having less than 37 percent reducing sugar shall be payable on supply of released molasses to the distilleries within the State of Bihar.
And, whereas, some of the distilleres challenged the authority of the State regarding imposition of administrative charges on molasses for supply to the distilleries within the State.
And, whereas, in C.W.J.C No. 1907/96, 4536/96 and 2611/96 the Hon'ble High Court held that the imposition of administrative charges on the molasses for supply to the distilleries are without any legislative sanction as the State Government is empowered to impose administrative charges only on released molasses, and released molasses under the Bihar Molasses (Control) Act, 1947 means such molasses which is either considered surplus to the requirements of the distilleries of the State of Bihar or which is unfit for the use of such distillers.
And, whereas the Hon'ble Court also held that the State Government may impose administrative charge on any sale of released molasses and therefore, there must be an incident of sale and a seller and a purchaser of released molasses in order to attract imposition of administrative charge under the provision of the Act;
And, whereas, the Hon'ble Court held that the demand of administrative charge from the petitioners is bad because in case of captive consumption there would be hardly any question of sale:
And, whereas, the Hon'ble Court has further held that since the administrative charges were illiegally collected by the State, the petitioners would be entitled to refund of the amount/ adjusted against their other dues with the Excise Department.
And, whereas, the aforesaid writ petitions were allowed and the notification regarding imposition of administrative charge on Molasses to be supplied to the distilleries within State of Bihar was quashed by order dated 18th December, 1996 of the Hon'ble High Court;
And, Whereas it has become necessary to impose and validate administrative charges on sale or supply of molasses to the distilleries within the State of Bihar in accordance with the policy approved by the cabinet.
Be it enacted by the Legislature of the State of Bihar in the fiftieth year of the Republic of India as follows:-
1. Short title, extent and commencement -(1) This Act may be called the Bihar Molasses (Control) (Amendment and validating) Act, 1999.
(2). It shall extend to whole of the State of Bihar.
(3) It shall be deemed to have come into force with effect from 22nd December, 1995.
2. Amendment of Section 2 of Bihar Act VI of 1947- In section 2 of the Bihar Molasses (Control) Act, 1947, Bihar Act VI 1947 hereinafter referred to as the said Act- For clause (f) the following shall be substituted, namely:- "(f)' released molasses means such molasses which is allotted to any distillery of the State of Bihar, or to the distilleries outside of State of Bihar or to any person".
3. Substitution of new section for section 8A of Bihar Act VI of 1947:- For section 8A of the said Act, the following section shall be substituted, namely;
"8A, Imposition of administrative charges on molasses- Notwithstanding any thing contrary contained in section 8, the State Government may, in such manner and at such rates as from time to time may be prescribed, impose on any sale or supply of released molasses, charge for meeting the cost of establishment or supervision and control over such releases and such charge shall be recoverable from the person to whom such sale or supply is made:
Provided that the State Government may exempt or reduce charges in respect of released molasses to the distilleries outside the State of Bihar.
Explanation:- For the purpose of the Act, any transfer of released molasses from a sugar factory to its own distillery for captive consumption shall be deemed to be supply.
4. Validation of collection of administrative charges:- Notwithstanding any judgment, decree, or order of any court to the contrary, every notification issued for purported to have been issued under Rule 4A of the Bihar Molasses (Control) Rules, 1955, before the commencement of this Act shall be deemed to have been issued under section 8A read with the provisions of clause (f) of section 2 as amended by this Act and shall be so interpreted and be deemed to have always to have been valid as if the provisions of section 2 and 3 of this Act were in force at all material time, and accordingly anything done or any action taken (including any order made, proceeding taken, jurisdiction exercised, assessment made, or administrative charges levied, collected or paid or purported to have been done or taken in pursuance of any such notification shall be deemed to be, and always to have been validly and lawfully done or taken.
2. Published in the Bihar Gazettee (Extra ordinary) dated on 10-01-2000.
ANNEUXRE-A: EXTRACTS OF AMENDING ACTS Bihar Molasses (Control) (Amendment) Act, 1977 (Extracts) (Bihar Act 25 of 1977) 1 An Act to amend the Bihar Molasses (Control) Act, 1947 Be it enacted by the Legislature of the State of Bihar in the twenty eight year of the Republic of India as followed :-
1. Short title:- This Act may be called the Bihar Molasses (Control) (Amendment) Act, 1977.
2. to 5- Incorporated in the text of the Act at proper places.
6. Validation of collection of administrative charges: Notwithstanding any judgment, decree or order of any court to the contrary, every notification issued or purported to have been issued under rule 4A of the Bihar Molasses (Control) Rules, 1955 before the commencement of this Act shall be deemed to have been issued under section 8A read with the provision of clause (f) of section 13 as added by this Act and shall be so interpreted and be deemed to be always to have been as valid as if the provisions of section 4 and 5 of this Act were in force at all materials times; and accordingly, anything done or any action taken (including any order made, proceeding taken, jurisdiction exercised, assessment made, or administrative charges levied, collected or paid, purported to have been done or taken in pursuance of any such notification) shall be deemed to be, and always to have been validly and lawfully done or taken.
7. Repeal and saving - (1) The Bihar Molasses (Control) Fourth amendment ordinance, 1977 (Bihar Ordinance 209 of 1977) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred b y or under this Act as if this Act were in force on the day on which such thing or action was done or taken.
1. Published in Bihar Gazettee (ex-ord) dated 26-12-1977.
BIHAR MOLASSES (CONTROL) AMENDMENT ACT 1985 (EXTRACTS) (Bihar Act, 7 of 1985) 1 An Act to amend the Bihar Molasses (Control) Act , 1947 Be it enacted by the Legislature of the State of Bihar in the Thirty Sixth year of the Republic of India as follows:
1. Short title and commencement - (i) This Act may be called the Bihar Molasses (Control) (Amendment), Act, 1985.
(ii) It shall come into force at once.
2. to 7. Incorporated in the text of the Act.
8. Repeal and saving (1) The Bihar Molasses (Control) (Amendment) Second Ordinance, 1985 (Bihar Ordinance no. 22 of 1985) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing or action was done or taken.
1. Published in Bihar Gazettee (ex-crd) dated 08-08-1985 ANNEXURE B: NOTIFICATIONS No. D/A3-402/67E-741, dated the 5th June, 1967. - In exercise of powers conferred by rule 4-A of the Bihar Molasses (Control) Rules, 1955 and in supersession of Government Notification No. 660-E, dated the 16th June, 1961, it is hereby notified that with effect from the date of this notification, a sum of Rs. 7.00 per quintal of molasses having reducing sugar of 37% or more and a sum of Rs. 3.00 per quintal of molasses having less than 37% reducing sugar shall be levied on molasses released for sale from the sugar factories of this State except on molasses allotted to distilleries of this State in accordance with the directions issued u/s 6 of the Bihar Molasses (Control) Act, 1947, as amended.
No. D/A3-420/67E-1081, dated, the 21st July, 1967. - In exercise of the powers conferred by Rule 11-A of the Bihar Molasses (Control) Rules, 1955, the Governor of Bihar is pleased to notify that with effect from the date of the notification, the permit fee per quintal of molasses will be rupee one.
No. D/A2-107/70-724, dated the 7th May, 1970. - In exercise of powers conferred by Rule 4 of the Bihar Molasses (Control) Rules, 1955 and in partial modification of Government Notification No. D/A3-402/67E 741, dated 5.6.67, it is hereby notified that with effect from the date of the notification, a sum of Rs. 4/- per quintal of molasses having reducing sugar of 37% or more shall be levied on molasses released for sale from the sugar factories of this State except on Molasses allotted to the Distilleries of this State in accordance with the directions issued under Section 6 of the Bihar Molasses (Control) Act, 1947 (Act VI of 1947) as subsequently amended.
No. D/A1-10-104 E-413, dated the 17th April 1974 Published in Bihar Gazettee Extraordinary dated the 25 th April 1974. - In exercise of the powers conferred by rule 4 of the Bihar Molasses Control Rules, 1955 and in partial modification of Government notification nos. D/A3-402/67-741 dated 5th June, 1967 and D/A2-107/70-724, dated the 7th May 1970 and D/A2-401/72-344, dated the 11th February 1972 it is hereby notified that with effect from the date of this notification, a sum of Rs. 14 per quintal of molasses having reducing sugar of 37 per cent or more and a sum of Rs. 10 per quintal of molasses having less than 37 per cent reducing sugar shall be levied on molasses for sale from the sugar factories of this State except on molasses allotted to distilleries of this State in accordance with the directions issued under section 6 of the Bihar Molasses (Control) Act, 1947.
S.O.1249, dated 12th September 1977. - In exercise of the powers conferred by section 8-A of Bihar Molasses (Control) Act, 1947 (Bihar Act VI of 1947) as amended by the Bihar Molasses (Control) (Third Amendment) Ordinance, 1977 (Bihar Ordinance no. 159 of 1977), it is hereby notified that with effect from the date of the publication of this notification in the Official Gazette:-
(i) A administrative charge at the rate of rupees seven per quintal shall be payable on released molasses having reducing sugars of 37 percent or more, and at the rate of rupees five per quintal on molasses having reducing sugars of less than 37 percent.
(ii) That administrative charge at the above mentioned rate shall be payable on released molasses supplied to the distilleries outside the State of Bihar.
S.O. 1251, dated 12th September, 1977. - In exercise of the powers conferred by second proviso to section 4 of the Bihar Molasses (Control) Act, 1947 (Bihar Act VI of 1947), as amended by the Bihar Molasses (Control) (Third Amendment) Ordinance, 1977 (Bihar Ordinance no. 159 of 1977), it is hereby notified that a permit fee of rupee one per quintal of molasses shall be payable for movement of released molasses with effect from the date of notification.
S.O. 175, dated the 8th February 1984. - In exercise of the powers conferred by section 8-A of the Bihar Molasses (Control) Act, 1947 (Bihar Act VI of 1947), as amended by the Bihar Molasses (Control) Act, 1977 (Bihar Act no. 25 of 1977), the provision of notification no. 1306, dated the 24th October 1983, is hereby modified from the date of the issue of the notification upto 1st May 1984-
(1) An administrative charge at the rate of Rs. 2 (two) per M.Ton (20 paise per quintal) shall be payable on released molasses having reducing sugar of 37 percent or more, and at the rate of Re. 1 (one) per M.Ton (10 paise per quintal) on molasses having reducing sugar of less than 37 percent.
(2) That administrative charge at the above mentioned rate shall be payable on released molasses supplied to the distilleries outside the State of Bihar.
S.O. 419, dated 23rd November, 1994. - In exercise of powers conferred by second proviso to Section 4 of the Bihar Molasses (Control) Act 1947 (Bihar Act VI of 1947), as amended by the Bihar Molasses (Control) (Third amendment) Ordinance, 1977 (Bihar Ordinance No. 159 of 1977), the Governor of Bihar is pleased to enhance the rate of permit fee from Rupee one per quintal of Molasses, fixed by Notification No. S.O. 1251, dated 12th September 1977 to Rs. 5 (Rupees five) per quintal of molasses for movement, with effect from the date of notification.
S.O. 97, dated 1st August 1995. - In exercise of powers conferred by section 8-A of Bihar Molasses (Control) Act, 1947 (Bihar Act 6 of 1947) and Rule 4-A of Bihar Molasses (Control) Rules, 1955, the Governor of Bihar is pleased to revise the administrative charges as levied on released molasses, by Notification No. S.O. 1249, dated 12th September 1977 as follows:-
(1) Administrative charge shall be payable, on released Molasses containing 37% and above reducing sugar at the rate of Rs. 15 (Rupees Fifteen) per quintal and at the rate of Rs. 10 (Rupees ten) per quintal on released molasses containing reducing sugar less than 37%.
(2) Administrative charges at the above mentioned rates shall be payable on the released molasses intended for supply to the distilleries of outside the State.
S.O No. 476, dated 22nd December 1995- In exercise of powers conferred by section 8A of Bihar Molasses (Control) Act, 1947 (Bihar Act 6 of 1947) and Rule 4A of Bihar Molasses (Control) Rules 1955, the Governor of Bihar is pleased to amend the notification published under S.O 97 dated 1st August 1995, as follows:- AMENDMENT Following para is added after Para (2) of notification no. S.O 97, dated 1st August 1995-
(3) Administrative charges at the above mentioned rates shall be payable on the released molasses intended for supply to the distilleries situated within the state.
This will come into force with effect from the date of publication of notification in official gazettee.