(1) So long as the notification as issued under sub- Certain ection (1) of section 9, or as modified under sub-section (2) tpnsacf that section remains in force, except with the previous 'IonS ermissioa in writing of the Inspector- prohibited r in a reserved (a) no one shall sell any sugarcane grown in any .3,,.
ea declared by such notification to be a reserved area, any persan other than the occupisr of the factory specie fied in it unless such occupier has refused to buy the sugarcane under the proviso to sub-section (27 of section 10, such refusal not having been set aside on appeal unu,r sub- . section (3) of that section ;
(b) the occupier of the factory sh~ i l not refuse to purchase any sugarcane offered to him under subyxtion (1) of section 10, except in the case referred to in the proviso to sub-section (2) of th$ section ;
(c) no one shall export any sugsrcane out of the reserved area except where the salo of the sugarcane to a person other than the occupiei of the factory is permisa sible under clause (a) ;
(d) no one shall import aily sugarcane into the , reserved area except in cases where export of the sugarcane from some other reserved area is permissible under clause (c) as applied to such other zrea. &
(2) Against any order of the Inrpector refusing the permission referrod to in sub-section (I), an appeal shall lie within the prescribed time to the Sugarcane Commissioner who may pass such order as he deems fit on such appeal.
(3) The Government may, either suo motu or on application. c::il for and examine the rmord of any order passed by or any proceeding lecorded by, the Sugarcane Commissioner under sub-section (2) for the purpose cP satisfying thct ,~sclves as to the legality or the propriety of such order: or as to the regularity of such proceeding and may pass such order inreference thereto as they think '[ll-A. Notwithstanding anything contained in this Power to , it shall be open to any grower (other than a co-opera- crush or to sell society) who owns within a reserved area not more sugaIcaq han five acres of land growing sugarcane, either himself by .
- growers.
,T iThis section was inserted by section 4 of the Madras Sugar Factories Control (Amendment) Act, 1952 (Madras Act IX of 1952).
* - - - 42 Sugar Factortes aontrol f 1949 : T. N. Act X JI 4,' 4 $ " to crush the svgarcane grown by him for the making gur within the same reserved area or sugarcane grown by him for that purpose.3 Power of 12. (1) Tho Govern a~vemment commencerr ent of a cru to fix pdces* Advisory Committee, by no or in respect of any factory, occupier of a factory shall be cane purchased by him during the seasofi or the method of calculating such price :
I Provided that the Government may specify difiirent prices or different methods of calculating the prices of different varieties of sugarcane.
I
(2) The Government may at any time, after consulting the A d v i s ~ y Committee, by notification, vary any price or method of cdculation specified under sub-wetion
(1) :
Provided that no such notification shall apply to any sugarcane purchased by the occupier of a factory before the publication of such notification.
f ' ' ' (3) The Government may, after consulting -the Advisory Committee, by notification, permit the occupier of a rar:ary to pay the price payable by him under this saction in such nurnber of instalments as may bespecified in such notification.
:*;T(4) The occupier of a factory shall not make any deductions fxom the price payable by him in accordance with this section, except such as may be presdbed.
Penalties. 13. (1) If sugar cane is crus a 1icence.under ssction 6 or in section has been granted in ~s thole i s a breach of any of Hcence was subjest, the occ - shall be punishable with fine thousand rupees for4each day M lwhioh sugar crushed or on which the breach continues.
(2) If the occupier bf a factory-
(a) in contravention of section 11 r ~hasa any sui;arcaw, or - - - - .
- - --- - I ' P 5 _ _ - - -- 49 i T. N. Act XX ] Sugar Factories Contf 02 43
(b) refuses to pay for any sugarcane purchased him the price payable in accordance with section 12 y deduction from such price in contravention he shall be punisha5le with imprisonment d td six months or with fine which may o thousand nlpees or with both. , I erson imports or exports or sells any contravention cf section 1 l 'tor crushes or ' grown or bought by him, in contration 1 l-A ] he shall bap~lnishabla with im- ' ) .
hich may extend to six months or with fine tend to two thousand n pe2s orwith.both.:
y 'person contrave 'ng any of the provislons for which no p e . l t y is provided in sub- +
(3), shall be punishable with fine which extend to two thousand rupees.
overnrnent may, after consulting the Levy d -8.
tee, by notification, ' levy a c&s annas per standard maund as defined rds of Weight Act, 1939, on sugarcane brought into any 3[local area] specified in such notifi- 39*. cation, for consumption, use or sale therein.
I the; maximum aforesaid, tho Goverhe to time, after consulting the Advi- , by notification, alter the rate of levy (?) The Government may, by order, remit in whole or in part any cess paid or payable under this section in respect of any sugarcane specified in such order.
(4) The Government may, after consulting the advi- , sory Committee, make rules, specifying the authorities by which, the persons from whom, ard the manner io , which, the cess levied under this section shall be collected.
1 These words, figures and letter were inserted by section 5 of the Madras Sugar Factories Control (Amendment) Act, 1952 (Madras Act IX of 1952;.
a See also the standards of Weights and Measures Act, 1976 (Central Act GO of 1976).
3 These words were substituted for the word "area" by section 2 of the Tamil Nadu Sugar Factories Control (Amendment) Act, 1962 (Tamil Nadu Act 1 of 1962).
15.. Where a pzrson committing any o le under this Act is a company or an ass
6. (1) No suit, prosecution. or other legal proceedin lie against the Government or against any authotity, r or person for anything which is in good faith -done or intended to be done under this Act or the rules made
(2)' No decision of the Goverl~lnent or Sugarcane Commissioner or any Inspector in tbe exercise of any discretion or authority conferred by or under this Act sltall be liable to be questioned in any Court of Law.
Power-io make 17. (1) The Governam+ m y make rules to carry out the purposes of this Act.
(2) In particulgr and without prejudice to the generality of t he fbr $going power, such rules may provide for- { (b) the formof spplicntionfor the gri?ntor renbwal of a li&nce u rider section 6 and the fee which should + accompany each such application,
(c) the lime within which appeals under section 9 ( 3) or sectiodl 1 (2) may be Bed, - .-