( 1 ) A cane-grower or a Cane-growers Co-operarive Society Purchase of in an assigned area may sell by the date prescribed in this behalf, to the in occupier of the factory to which the area is assigned, cane grown by assigned area.
the cane-grower or by the members of such Cane-growers' Co-operative Society as the case may be, not exceeding the quantity prcscribcd for such grower or Cane-growers' Co-operative Society.
(2) The agent of a fa'ac~o~y dull enter into an agreement with a cane-grower or with a Cane-growers' Co-operative Society, as the case may be, jn such form, by such date and on such terms and conditions as may be prescribed, for the purpose oi purchasing Ihe cane offered in accordance with sub-scction (1). No person other than the agent aforementioned shall purchase or cnter into an agreement to purchase cane grown by members of a Cane-growers ' Co-operative Society from any other person except i n accordance with such agreement.
(3) Except with the permission of the Government, cane grown in an assigned area shall not be purchsed by any person other than the agent of the factory for which such m a has been assipcd.
(4) IL shall be competent for the prescribed authority to specify any area wittun the assigned arca of a factory, thc cntire cane of wh~ch area the agent of the said factory shall be bound to purchase, and the cane-growers' or Cane-growers' Co-operarive Society shall be bound to sell to the said agent.
15. If the cane-growers or Cane-,~rowers' Co-operative Sociely Purchasc of or Sucieties in the assigned area are not wiI1ing to entcr inla agreement cane outside to supply, or fail 10 supply the requisite quantity of cane, the agent Ihe asiened area. may, after giving the prescribed notice to the Cane Commissioner, purchase the balance of the cane required by him from outside the assigned area '[if permitted by the Cane-Commissioner.]
'[15A, ( I ) The occupier of a factory shall make such arrangement Paymem.
for the payment of price of cane as may be prescribed.
(2) As soon as cane is supplied to a factory, the occupier of such factory shaH be liable to pay the price of cane so supplied.
1 - Added by Haryana Act 43 of 1973.
2. Inserled by ibid.
SUGARCANE (REGULATION OF 11953 : Pb. Act 40 PURCHASE A N D SUPPLY)
(3) Where the occupier liable under sub-section (2) makes default in payment of the price for aperiod exceeding fourteen days from the date of supply of cane to the factory, he shall be liable to pay interest thereon at such rate '[not exceeding fifteen per cent per annurn], as the State Government may, by notification, determine from the said date.]
Maintenance 16. (1 ) The agent of a factory for thc purposes of which an area of regisler.
has been assigned shall maintain a register in the prescribed form and manner.
Z[(IA). The occupier of a Khandsari sugar manufacturing unit shall maintain a register in the prescribed form and manner.]
(2) The Government may prescribe the procedurc for-
(a) the correction of entries in, and the addition of new entries to, such register;
( b ] the payment of costs in connection with such correction or addition, and the manncr in which such costs shall be realized ; and TAX on the purchasc of canc.
(c) the supply, on payment, of copies of entries in the register.
17. 4[(1) The State Government may ,- 1
(i) after consul tation with the Sugarcane Control Board, impose a tax not exceeding two rupees per qujntal on the purchase of cane by or on behalf of a sugar factory;
and
(ii) impose a tax not exceeding one rupee per quintal on the purchase of canc by or on behalf of a Khandsari Sugar manufacturing unit, and whcn a tax is so imposed it shall be notified in the Official Gazette, and shall be levied, charged and collected in the manncr prescribed.]
3[(2) If the tax levied under sub-section ( I ) is not paid on or before the due date, interest 5[ar such rate, not exceeding fifteen per cent per annum, as the State Government may, by notification, determine from time to time,] shall be charged on the amount of tax from the said date till the dare of payment.
1. Substiluted by Haryana Act 14 of 1978.
2. Inscrted by ibid
3. Substituted by Haryana ACL 43 of 1973.
4. Substituted by Haryana Act 9 of 1874 and funher substilured by Haryana Act 14 of i978.
5 . Substiruled by Haryana Act 11 of 1978.
1953 : Pb. Act 40, SUGARCANE (REGULATION OP PURCHASE AND SUPPLY)
(3) All sums due as tax or interest, and not paid by the due date. shall be recij~erablc as arrears of land revenue.]
'[17-A. Th:: Govement, if satisfied that a factqry has exported Power la refund out of India any quantity of sugar manufactured by it, may refund to tax on cane utilized for such factory, whether prospectively or retrospectively, the amount of manufacuring tax imposed on, and paid by, it under section 17 in respect of the cane sugar exported purchased by it and utilized in manufacturing the quantity of sugar so out of India.
exported.]
'[17-B. The Government, if satisfied that i t is necessary on Power to exaccount of low recovery of sugar from cane or with a view to eccourage empt tax On the purchase of or regulate the supply of cane to or its purchase by sugar factories, ,,,, may, from time to time by notification in the Official Gazette, exempt or refund, in whole or in part, the tax payable or paid under section 17.1 3[17-C. (1) In addition to the tax payable under section 17, there L ~ Y of shall be paid by or on behalf of a sugar factory a surcharge at the rate surcharge.
of two percentam on the amount of such tax.
(2) The provisions of this Act shall, so fy as may be, apply in relation to the surcharge payable under sub-section ( I ) , as they apply to the tax payable under this Act.
(3) The State Govenunent may, by -notification, discontinue [he levy of t h ~ surchuge at any time.]
4[18. Oh the application of a person accused of anoffence under Power lo this Act or the rules made thereunder, the Cane Commissioner or any offences.
other officer authorised by the State Government in this behalf may accept from him a sum of money not exceeding iwo thousand rupees by way of composition for such offence at any stagt: before the judgment in the case has been announced.] . ,
1. Section 17-A. instered by Punjab Act 7 of 1966.
2. Section 17-B. instered by Haryarril Acl 8 of 1971.
3. Section 17-C. instered by Haryana Act 5 of 1972.
4. Substituted by Haryana Act 14 01 1978.
Bar of suit other procwdings.
SUGARCANE (REGULATION OF [I9 3 : Pb. Act 40 PURCHASE AND SUPPLY) OF 19. No suil . prosecution or orher legal proceedin ; shall lie against the Government or against any person for anything ~ h i c h is in good done or intended to be done under this Act or the rules framed thereunder.
Power LO make 20. (1 ) The Government may make rules to carry out the rules. provisions of this Act. '
(2) In particular and without prejudice to the, generality of the foregoing powers, such rules may for-
(a) the constitution, powers, duties a id procedure of the Sugarcane Control Board ;
(b) the pcwers and duties of the Cane Commissioner ;
( c ) the authorities by which any functions under this Act or the rules made thereunder are to be perfoimed ;
' [ (cc) the form and manner in which an appeal may be preferred ;]
(dl the form in which any nouces required under this Act .should be given ;
( 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 m h n g such survey ;
the form of agreement to be entered into for the purchase of cane, the date by which such agreement should be made and the terms and conditions thereof ;
(g) the quantity of cane which may be purchased in an assigned area during any particular crushing season ;
( h ) the posting of notices and the maintenance of records, registers and accounts and the submission of returns, the supply of copies of entries therein and the fees to,be charged for the same ;
1. Inserted by Haryanj Act 14 oi 1978.
953 :Pb.Act&] SUGARCANe(RE JLATIDNOF PURCHASE AN SUPPLY) (ij the method by wl ich the minimum pnce of cane i s to be fixed under this Act ;
( j j the form and manner in which applications for licences may be made, the terms and conditions of cach licence, their refiewal, suspension and cancellation and the fees to be charged for the same;
(k) the correct weighment of cane, the provision of facilities for weighment and for checking weighments, and timings of weighments;
(1) the payment of the price for cane; and
(m) any other malter which is to be or may be prescribed under this Act.
21. The Sugarcane Act, 1934 (Act XV of 1934) in so far as it is Repal OT the applicable to the State of Punj ab, and tht: Sugarcane (Punj ab Amendment) Suearcane Act, Act, 1943 (Punjab Act M of 1943). are hereby repealed. Any thing done 193" and ihc Sugarcane orany action fakeninexerciseofpowenconferredby, or underrepealed (Punjab Acts, or purporting to have been done or taken under the Punjab Sugar Factories Control Act, 1950 (Punjab Act I of 1950) shall, to the extent of ACL 1943) dnd being consistent with the provisions of this Act, M if this Act were ia saving.
force at the time when such thing was done or such action was taken.
HARYANA GOVT. GAZ. (EXTRA.), NOV 16, 2004 343
PART I LEGISLATNE DEPARTMENT Notification The 16th Noven~ber~ 2004 No. Leg. 26/2004.-The following Act of the Legislature of the State of [la received the assent of the Governor of Haryana on the 13thNovember, , anfl is hereby published for general ulfolmation :- Haryana Act No. 24 of 2.004 THE PUNJAB SUGARCANT (REGULATION OF PIJRCHASE AND SLIPPLY) HARYANA AMENDMENT A m , 2004.
AN ACT rrrl~er to amend the Punjr~b Sagnrca~re (Re.yul(rfior~ of PIC,-ctm.ve and Srrr~plpi)') Acf. 1953. in its appiicntion ru rhc Stnre u/ Huiyuno.
Be it enactedby rile Legislature of the State of Haryana i l l the Fifty-fifth year Ule Republic of India as follows :--
1. (I) This Act may be called the Punjab Sugarcalle (Regulation of Si~orl 11l1c.
hase and Supply) Haryam Amendment Act. 2004. cxtcnl and Com,ncllCCInell!.
(2) It extends to tile whole of tlie State of Haryana.
(3) It shall come into force on such date as the (;overn~nent ma): hy notification in thc Ofricial Gazette, appoint.
2. For section I4 of the Punjab Sugarcanc (Kegulatii~n of I'uril~ase and S u b s ~ i l u l > u n ol' upply)Act, i953 (hereinafter called the pnnc~pal Act), Ole foiiowi~igseztlnn shall be""u" '"I" runjab ACI 40 o i e substituted, namely:- 1 9 5 3 .
" 14. Regulation of supply and price of cant in assigned area.- ( I ) TlieGovemmenl may. for maintainuigsupplies i ~ y order, regulate---
(a) tlie distributi:)n, sale or pul-chnsc of any ~;I.IC: in any assi~ned area;
(b) p~irchasc of czne 111 any arca oilier than an sssigned a e a ; and
(c) the piice oicanc in asslined area.
(2) The agent of factory shall enter into an agreement with a cane-grower or with a Cane-growers' Co-operative Society, as the -- FIARYANA GOVT. GAZ. (EXTRA.), NOV 16, 2004 (KRTK. 25, 1926 SAKA) case may be, for the prirpose of purchasing the cane. No person other than an agent of a factory shall purchase cane except in accordance with such an agreement.
(3) Without prejudice to the generality ofthe foregoing powers such order may provide for-
(a) the quantity of cane to be supplied by each canegrowcr or Cane-@owersZ C'o-operative Society in such area to the Wclory f o ~ which the area has so bceu assigned;
(b) the manner in wluch cane grown in the assigmd arca, shall be purchased by the factory for which h e area has been so assigned and the circumstances under which the cane grown by a cane-grower shall not be purchased except througli a Cane-growers' Cooperative Society;
(c) h e form and the terms and conditions of the agreement to be executed by the agelit of the factory for wlrich a n area is assigred for the purchase of cane offered for sale;
(d) thc circulnstances under which permission may be granted- (I) for the purchasc of cant: grown in assig~lcdarea by a Gur, Rab or Khandsari ManafacturingUoit or any person or facloly other than thc factory for which area has been r~ssigned; and
(d) for thc ~ e l c ofcene g o w n in e~lassigned a m to a Gur, Rab or Khandsari Manulacluring Unit or any person or factoryother than the iactory forwhich the area is assigied (el such incidcntjrl aud consequcntial matters as may appear to be necessary or desirable for this puvose.".
dnieni n l 3. For clause (i) of sub-section (2) of section 20 of the pr~nciprl Act, the n 20 o f lbllowing clause shall he substlh~ted, namely b A c l 4 0 i> "(I) the rnerhod by which !he pricc of cane is to be fixed undcr ~ I I I ;
Act;".
R. S. ~M41jb.N, Secretary to Governmcnl, Haryana, Legislative Department.
38165 iLR -:-I 1 ; P . Chcl.
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