\ I ' (DepartmemofFaad and Po:h!k .Offstribution) NOTIFICATION Ncn· DeihL !he 6th Decembe-r. 200J G.S.It886(EJ.-In·.exercise of the powers conferred by section 9 of the Sugar \ Development Fund Act, 1982 (4 o\1982), the Central Governrnent hereby makes the following rules further to amend the Sugar Development Fund Rules, 1983 namely : - l. 200!
(1)
(2) \ These rules may be call~d the Sugar Development Fund (Second A.mendment) Rules, i They shall come into force.on the date cftheir publication in the Official Gazette. \ '
2. In the Sugar Development Fund Rules, 1983 (hereinafter referred io as the said rules), in rule 19, after sub-rule (13), the following sub-ml~,shall be inserted, namely:- ' " (13 A) Maintenance of funds received by way of subsidy towards interest, storage a.'ld insurance and utilisation thereof;
(a) Every occupier of a sugar factory ~hall set apart the amount, if any received from the Central Government by way of subsidy towards interest, storage and in.surance on the quantity of buffer stock of sugar and credit the amount so set apart to a separate account with his banker with whom he has a separate account under clause (a) of sub-rule (!3), for the purpose provided in clause (b) of this sub-rule.'. \ \
(b) The amount credited to the separate account shall not be used by the said occupier lor any purpose other than for payment of price, pay~bie for the sugarcane purchased by the sugar factory;
Provided that where the State Government Authority/officer furnishes a certificate in ' . Form VI to the banker referred to in clause (a) above to. the effect that the concerned sugar factory has no sugarcane price dues including arrears of brice outstanding against it on the date of credit of the amount of subsidy towards interest,'-· ,storage and insurance into the separate account, the ban,'<: may allow the said occupier to use ·the said amount for any other purpose under mtimation to the Central Government." 9 !0
3. THE GAZETTE OF INDIA: EXTRAORDINARY In the saidlrules for Form V. the following shall be substituted, namely :-, . \ \ ' ' !FORM- V [JRn~i~ 1.9 {HiN Form for claiming payment of subsidy towards, interest and storage and insurance charges for '· buffer stock of sugar for the period from to \ -------- -------- I quartereriding_-_____ ~~----------- I \ ' \ l. Name and address of the sugar\mdertaking
2. Reference number and \date of
3. communication(s) frcm , Central Government/Chief Director cornm'unicating \ I a) total quantity of sugar \to be maintained as buffer stock · 1 '. b) Grade·wise and sugar year:...wisc quantity of sugar to be segreg~ted and stored as buffer sto~lc ' Gradewise and sugar year-wise quantity ~f sugar. actually segregated and stored a$ I buffer stock. '· ·, -I \ \
4. Period-wise details of quantity of sugar 1 segregated and stored as buffer stock
5. Additional credit (margi.t:t money) received from the Bank on buffer stock a) Amount received with date of receipt b) Amount out of (a) kept i.n separate Bank Account with number of the Account c) Amount out of (b) actually utilised for payment of cane price d) Balance [(b) minus (c)] at the close of last date of the period/quarter ofthe claim e) Reasons for non-utilisation of the amount at
(d) (Quantity to be indicated m quintals and amount in rupees) _____ ,Pwe~r~io~d~------~Ouantity From To
5. A Particulars of th~\jnsurance policy under which the buffer stock is insured
5.B \ (I) I Name and address of the Insurance Company \
(2) Number oflnsuranc~Poiicy .
(3) Period oflnsurance \
(4) Risks covered \
(5) Godown No(s) where tbe buffer \ stock is stored Subsidy towards interest. insurance received from Government on buffer stock storage and the \entral
(a) Amount received with date ofrecelpt '
(b) Amount of(a) kept in separate Bani(. Account with number of the Accounr
(c) Amount out of (b) actually utilised for payment of cane price
(d) Balance [(b) minus (c)J at the close of quarter of claim/last date of claim
(e)· Reasons for non-utilisation of amount in (d)
6. Rate specified under sub-rule ( 15) of rule 19 towards
(a) Interest (percent per annum)
(b) Storage and insurance charges (percent per annum) -------- -------------- _. _periQ.Q ___ _ From To !2 THE G/1ZETTE OF 1:\DIA ·EXTRAORDINARY
7. Va!ue of sugar pc~vided under sub-rule (15) Month ( i) { ii)
(iii) ofrulc 19 \ \. I Tariffva!ue \ . ' m rupees per \ quintal \ ' \ \ \ \ ' \ \ ' I Sale realisarion
(a) Quantity disposed of in quintals
(b) Amount of sale realisation m rupees ---~-,.-~-· -----------~--~------~~-~-,.------------- \ Total \ ----·-·-·--·-·------~·---',,-----~-----~---- A n.:-r.:1ge tariff \·:llUl'/Wcighcd average reaiis~ion ............................................................. .. Rup~·-c~> p~r quintal. \ \ ' 8. ( i) Calculaiion of subsidy on account of in\,erest char)!~S on the buffer stock of sugar · - \ ' \ 1··1 ~. Amount of interest actualiy paid or payable to the bank ior the period Period \ Principal amount Rate of Amount of {b) !rom ---- to of advance interest interest ------------------~~----------------------------------------------------------- From To \ Paid/Payable \ \ •. ' \ amount calculated under sub-rule
(15) of rule 19 ' \ \ ' ( ii) A111ount oa nccount oCstorJg·: a~id insurance charges. calculated under ouh-ru!e ( 15) of rule 19.
9. An1otmt of subsidy cl~~imed (:\ '' J l r:tercst churges as per item 8 { i) (a) Gr g (i) (b). ·whichever is less. ·-Stnrag~ n;xi insdi':!rv:~.' ·.:1 :tg~::; us per itr-~m 3 { ii) {iii l T etn! of {i) anJ { ii} rm .. mc..kd 'o!Tto the nean:st rupee. i~: figures and words. ·- !0. Place: Date: Name of the place nearest t~'thc place of the ' factory, where the branch of tli~ State Bank of -India dealing with the Dcn\and Drafts issued by the Reserve Bank o\ India 1s situated. \ \ ' \ The occu'Ricr \ \ \ \ ' \ \ DECLARATIO,~ i Signature Name: Desigmtion 1'-Jamc anJ Undertaking 13 ~:ddress (I) I hereby solemnly affirm and declare that the infot,nation li.Jrnished above is correct and no information relevant for the purpose of this applicati~n has been concealed. I
(2) l hereby undertake to refund to the Central Governm~nt such amount. nf subsidy received by me, as may be required, if any information furnished a~ove is lound to be wrong at any time. ' '
(3) I hereby declare· that all the requirements of the rule 19\havc been complied with and that if subsequently it· is found that any provision of th3t rqle has not been complied with. l undertake to refund to the Central Govcnunent such amQunt of subsidy received hy me. as Place: may be required by the Central Government. \ The occupier ', \ Signature\ Name: \ \ Designation \ Date: Name and '· address of the Sugar Undertaking ' Verification by the Bank which provided credit against buffer stock and "\ith which the occupier of the sugar factory has opened a separate account under sub-c \;:us-.: t \ ",) ~ '''. ' *Certified that the information furnished against itc:m_·l, 5 :_,') correct. OR ' ' ' \· THE GAZETTE OF INDIA· EXTRAORDINARY [P,\RT II-~ .. J(i)J ·[_"'ertint(' th~1 the dflimant sugar undertaking did not avail of during the quarter o, the period to \ whkh ·:r,i:; cw.\•·,: r•:iat~~: a'!qy additional bank credit. over and above the normal bank credit. on the \ . ' oc;a,;t'ty r.Lt•f(U( segreg"kd\by it as the butTer stock. as indicakd by it against items 3 and 4. ' ' ' ' OR \ i'Jso ~10riiried th~t the ir,tormatid\' furnished against items 4 and 8(i) (a) is correct. \\ OR '' Certi!icd that smce no sugarca~~ prices dues were outstanding against the claimant sugar \ undertaking during the period of this cla,im. the undertaking did not open a separate account with this ' . Bank for depositing therein the amount bJ the additional credit of Rs ..... : .. ................. given to it \ hy this Bank on ......................... o'n the butter stock of sugar. However. subsequently the daimam sugar undertaking opened a sep3~ate account (No .................... ) with this bank and \ 1 't a· th · R I r b · • t ·1· · d f' t 1· '"epoSi e erem s ........................ on .. \' ....................... ,or emg u 1 tse or paymen o cane price dues wbid~ ;·,rr"~~ subsequently/may'~.* arise in future. \ \ Also certifk .. ~ ''''information furnish~d against items 4. 5(a). (b) and (d) and 8 (i) (a) is correct. \ . ' \ ·~ignature of the Manager of the Bank with his ' mime. address and seal. Place: ;, :<: \ \ §~td~f.e G;~~£ ~··· ~c:.,,::J]·~;:·:;'t:..r ~certHDca~e is ifilOt appHct&~bffe §tr?l&-t~ m!t :.; .. ~·ii:ru:v~r g$ !ffiot :a:qpp~U~alblle AND \ \ \ .\ \ in respect of the subsidy towards interesi·. storage and insurance that has b~e:1 cre:c~i!.ed ir:U:. £t s·~;:;orate account with the Bank. {!l Lt:·ti~ed that Ihe ir.(ormation furnished against items 4. :s c~trccr. \ \ SB(a). (b},ilnd (d) and 8(i) (a) above \ ' \ '· • [>,,., l!-1lf'ICS3(i)] 15 ( ii) Certified that the claimant sligar undertaking has opened a separate bank account number \ .......................... on ················\····· (date) with this bank and has deposited an amount of Rs ......................... therein on .... \ .................. (date) received by it as subsidy towards \ interest, storage and insurance. \ Also certified that out of the said amount of~s ........................... deposited into the said account Rs .......................... have been paid by tl~ claimant sugar undertaking towards cane price dues . \ including arrears of cane prices. Also certitied that on the basis of the certificate, of the State Government Authority/officer dated ......................... (enclosed in original), the ciapnant sugar undertaking did not have any cane price dues including arrears of cane prices on the\date of crediting the subsidy amount into the separate bank account and accordingly the claimant 'sugar undertaking has been allowed to use an \ amount ofRs ...................................... for any other purpose. \ Place: Date: , Signature of the Manager of the Bank \ ·. with his name, address and seal. I . ' . \ Certificate by the State Government Authority/officer. * Certified that the information furnished against item S(c) and(~) is correct. . I OR \ * Certified that during the period commencing from the date C;o the additional Bank credit was received as indicated against item S(a) to ..................... :-,........ .... (the date on which period/quarter of this claim ended) no cane price dues were 1 outstanding against the sugar undertaking. \ Place: Signature : \ Name: Designation and Address [ To be signed by the District qane Officer or a Gazetted Officer of the State Governmen\ who is responsible for enforcement and supervision of paytnent of price of sugarcane by the sugar undt!rtaking] 16 THE GAZETrE OF INDIA: EXTRAORDINARY [PART ll-5EC . .J(i)] * Strike out whichever certi'!icate is not applicable. Certificate by the State Go~ent Authority/Officer in respect of the subsidy towards interest. storage and insurance. \ \ ( i)
(ii) Place: Date: \ Certified that the informatidn furnished against items 5 E (c) and (e) is correct. . I \ Certified that during the pe~~od from the date the subsidy towards interest, storage and insurance was received by the ~{aimant sugar undertaking as indicated against items SB (a) to . . . . . . . . . . . . . . . . . . . . ... (the date \~.n which period/quarter of this claim ended) Rs . .. .. .. .. .. .. .. .. .. .. .. . .. .. were outst\nding against claimant sugar undertaking towards cane price dues including arrears of cane ~rices/no cane price dues including arrears of cane prices \\ . were outstanding. \ \ Signature : Name: \ [To be-signed b\ the District Cane Officer/Gazetted Officer of the State Governinent who is responsible for supervision of '. payment of price of\ugarcanc by the sugar undertaking] RECEIPT \ Received the sum ofRs ............................................. .\ ............................... . \ . Rupees ................................................................... \ ........................... . The Occupier Place: Date: \ \ Signatu\f (across a Revenue Stamp) \ Name: \ . . \ Des1gnat1o~1 \ \ Name and \address of the sugar \ undertaking : \ \ \
4. After Form V and before "THE SCHEDULE" the following Form V·! shall be inserted: namely: \ \ FORM VI \ \ [Rule 19 (13A) (b)] 17 Certified that during the period e~ing .................................... (date of crediting the subsidy amount into the separate a fOUnt No. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ) of ............................................ (\lank), no cane price dues including arrears of cane price were outstanding against ...................... \ ......................................................................... . .. . .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .... .. .. .. .. .. . ; ................... (name and address of the sugar undertakmg) \ \ \ \ \ \ Signature: \ Name: \ \ Designation and address : ' [To be sig~ed by the Cane Commissioner or a Gazetted Officer \ of the State \Government who is responsible for enforcement ' and supervisi~f of payment of price of sugarcane by the sugar undertaking] \ \ \ \ [F. No. 1-712001-SDF] R.N. DAS. J1 Secy Nole : The principal rules were published in the Gazet¥ of India vide No. GSR 752 (E) dated
28.9.83 and subsequently amended vide GSR 817 (E) dated 20.12.84. GSR 838 (E) dated 14.11.85. GSR 551 (E) dated 6.5.88. GSR 235 (E) dated 24.4.91. G\i>R 441 (E) dated 28.4.92. GSR 435 (E) dated 6.5.94. GSR 27 (E) dated 12.1.96. GSR 656 (E) da\ed 21.11.1997 and GSR 91 (E) dated ' 12.02.2001. i \ ' \ \ ----------·-p~~n;;cl-h~ th~! \lanagcr. Gu\1 of lndtl Press. Rmg Ro:td. \laya.puri. ~ew Ddht-110064 and Pubhshed h~ the Controlh:r of Puhb..:a110ns, Ddht-1 1.9054 \