ANDHRA PRADESH SUGARCANE (REGULATION OF SUPPLY AND PURCHASE) ACT, 1961
45 of 1961
30th December, 1961
An Act to provide for the regulation of supply and purchase of sugarcane required for use in sugar factories and khandasari units and for matters connected therewith. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twelfth Year of the Republic of India, as follows:--
Section 1 Short title, extent and commencement
(1) This Act may be called the Andhra Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1961.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint and they may appoint different dates for different areas and for different provisions of this Act.
Section 2 Definitions
In this Act, unless the context otherwise requires,--
(a) 'bel' means a unit engaged or ordinarily engaged in the manufacture of rab and capable of handling not less than five metric tonnes of sugarcane per day for that purpose;
(aa) 'cane' means sugarcane intended for use in a factory or a khandasari unit and includes the sugarcane intended for manufacturing rab or gur;
(b) 'Cane Commissioner' means the officer appointed to be the Cane Commissioner under Section 9;
(c) 'cane grower' means a person who cultivates cane, whether by himself or by his own servants or by hired labour or by members of his family or by his tenants and includes a cane growers' co-operative society as defined in clause (d) but not a member thereof and a company as defined in Section 3 of the Companies Act, 1956 (Central Act I of 1956);
(d) 'cane growers' co-operative society' means a society registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964, which has among its objects and functions the sale of cane grown by its members, whose names are entered in the register of cane growers maintained under sub-section (1) of Section 13, and who are members of a co-operative factory; and includes the federation of any such societies;
(e) 'Collector' means the Collector of a district and includes a Revenue Divisional Officer, a Deputy Collector, a Sub-Collector and an Assistant Collector;
(f) 'committee' means the Andhra Pradesh Sugarcane Advisory Committee constituted under Section 3;
(g) 'council' means the Cane Development Council constituted under Section 5;
(h) 'crushing season' means the period beginning on the 15th November in any year and ending on the 30th April next following or any other period notified by the Cane Commissioner in consultation with the council in respect of any particular factory or khandasari unit;
(i) 'factory' means any premises, including the precincts thereof, wherein twenty or more workers are working or were working on any day during the preceding twelve months and in any part of which any manufacturing process connected with the production of sugar by means of vaccum pans is being carried on with the aid of mechanical power;
(j) 'factory zone' means an area assigned to a factory under Section 15;
(k) 'Government' means the State Government;
(kk) ' khandasari sugar' means sugar produced by open pan process in a khandasari unit from sugar cane juice, or from rab or gur or both, containing more than eighty per cent sucrose;
(kkk) 'khandasari unit' means a unit which is engaged or ordinarily engaged in the manufacture or production of khandasari sugar and which is capable of handling sugarcane juice produced with the aid of a crusher driven by any mechanical power; and includes such other unit engaged or ordinarily engaged in the manufacture or production of gur or rab;
(l) 'notification' means a notification published in the Andhra Pradesh Gazette;
(m) 'occupier of a factory' means the person who, or the authority which, has the ultimate control over the affairs of the factory, and where the said affairs are entrusted to a secretary, manager, managing director, operative director or managing agent, such secretary, manager, managing director, operative director or managing agent shall be deemed to be the occupier of the factory;
(mm) 'owner of a khandasari unit' means the person who, or the authority which, owns or has the ultimate control over the affairs of the khandasari unit and where the said affairs are entrusted to the Secretary, Manager or Managing Director, such Secretary, Manager or Managing Director shall be deemed to be the owner of the khandasari unit;
(n) prescribed' means prescribed by rules made under this Act.
Section 3 Constitution of the committee
(1) As soon as may be after the commencement of this Act, the Government shall, by notification, constitute a committee for the State to be called the Andhra Pradesh Sugarcane Advisory Committee.
(2) The committee shall consist of the following members, namely :-
(a) the Ministers in charge of Agriculture, Industries and sugar factories;
(b) the Heads of Departments of Agriculture, Industries and Co-operation,
(bb) the Director of Sugars Andhra Pradesh and the Managing Director of the Nizam Sugar Factory;
(c) the Cane Commissioner,
(d) seven persons from among persons representing the factories, nominated by the Government in consultation with the South Indian Sugar Mills Association and such other representative body as the Government may think fit, provided that no two members shall be from the same district.
(e) two persons from among persons representing the khandasari units, nominated by the Government;
(f) nine persons from among the cane growers, nominated by the Government.
(3) The Director of Marketing, the Sugarcane Specialist, the Deputy Cane Commissioner, the Deputy Director of Agriculture (Sugarcane Development), Anakapalli, the Chief Engineer for Panchayati Raj, the Chief Engineer for Roads and Buildings and the Chief Engineer for Public Health shall have the right to speak in and otherwise to take part in the proceedings of any meeting of the committee, but shall not by virtue of this sub-section be entitled to vote at any such meeting.
(4) The Deputy Cane Commissioner shall be ex-officio secretary of the committee.
(5) The Minister in charge of Agriculture shall be the Chairman of the Committee, ex-officio. In his absence, such other Minister as may be nominated by him shall preside at a meeting of the Committee. If all the Ministers are absent, such member of the Committee whom the Minister in charge of Agriculture has nominated in this behalf, shall preside at any such meeting.
(6) The term of the Committee shall be three years but the Government may, if they are satisfied that it is necessary to do so, by order dissolve the committee before the expiry of its term.
(7) When the Committee is dissolved all the members referred to in Clauses (d) and (e) of sub-section (2) shall vacate their offices on the date specified in the order but without prejudice to their eligibility for renomination as members and the new committee shall be reconstituted within three months of its dissolution by the Government in accordance with the provisions of sub-section (2).
Section 4 Functions of the committee
The Committee shall advise the Government on the following matters, namely :-
(a) the regulation of supply and purchase of cane for factories and khandasari units;
(b) the varieties of cane which are suitable or unsuitable for use in factories and khandasari units;
(c) the maintenance of healthy relations between occupiers of factories, owners of Khandasari units, Cane Growers, Cane Growers Co-operative Societies and Councils;
(d) such other matters as may be prescribed;
Section 5 Constitution of Council
(1) For each factory zone, the Cane Commissioner shall, by notification, constitute a Cane Development Council which shall be a body corporate by the name of the factory zone for which it is constituted, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to enter into contracts, and may by its corporate name sue and be sued:- Provided that the Cane Commissioner may with the approval of the Government constitute a council for an area which is larger or smaller than a particular factory zone.
(2) The council shall consist of the following members, namely :-
(a) a Chairman nominated by the Cane Commissioner with the approval of the Government from among persons residing in the factory zone;
(b) four persons nominated by the Cane Commissioner of whom two shall be from among the persons managing the affairs of the factory and two shall be from among the cane growers who supply cane to the factory.
(3) The Secretary to the Zilla Parishad, the District Agricultural Officer, the Superintendent of the Local Sugarcane Farm, the Sugarcane Specialist, the Sugarcane inspector of the factory, the Deputy Registrar of Co-operative Societies, the Executive Engineer, Panchayat Raj, the Executive Engineer, Roads and Buildings and the Executive Engineer, Public Health shall have the right to speak in and otherwise to take part in the proceedings of any meeting of the council, but shall not by virtue of this sub-section be entitled to vote at any such meeting.
(4) The Sugarcane Inspector of the factory shall be ex-officio secretary of the council.
(5) The term of the council shall be three years and upon its expiry, the council shall be reconstituted in accordance with the provisions of sub-section (2):
Provided that if the Commissioner is satisfied that it is necessary so to do, he may, with the approval of the Government, by order dissolve the council before the expiry of its term;
Provided further that the Cane Commissioner shall not pass any such order unless the council had an opportunity of making its representations.
(6) When a council is dissolved, the following consequences shall follow:-
(a) all the members shall vacate their offices on the date specified in the order but without prejudice to their eligibility for renomination as members:
(b) the council shall be reconstituted within three months of its dissolution by the Cane Commissioner in accordance with the provisions of sub-section (2);
(c) the powers and functions of the council shall, pending its reconstitution, be exercised and performed by the secretary subject to such restrictions as may be specified in the order.
(7) The Cane Commissioner may, with the approval of the Government remove any member of the council, including the Chairman, from his office after recording the reasons in writing for such removal:
Provided that the order removing a member shall not be passed by the Cane Commissioner unless such member has had an opportunity of making his representations.
Section 6 Functions of the council
(1) The functions of the council shall be--
(a) to consider and approve the programme of development for the factory zone with the funds at the disposal of the Council;
(b) to device ways and means for the execution of the development plan in all its essentials such as cane varieties (including ratoons), rotation, cane seed, sowing programme, fertilizers and manures:
(c) to recommend to the Zilla Parishad, the municipality concerned or the Public Works Department (Roads and Buildings) as the case may be, the undertaking of the construction and improvement of roads leading to sugarcane areas in the factory zone from out of the funds specially allotted by the Government for the purpose;
(d) to take necessary steps for the prevention and control of cane diseases and pests and to render all possible held for the development of cane;
(e) to impart technical training to cultivators in matters relating to the production of cane;
(f) to administer the funds at its disposal for the execution of the development scheme;
(g) to lay down the general principles in regard to issue of orders regulating the cutting of cane and to decide disputes relating thereto on receipt of complaints from the cane growers;
(h) to perform other prescribed functions pertaining or conducive to the general improvement of the factory zone.
(2) The Government may by rules made in this behalf, provide for the conduct of a joint meeting of all or any of the Councils in a district and for the procedure to be followed thereat.
Section 7 Casual Vacancy in the council
A casual vacancy in the Council shall be filled up as far as may be, in the manner provided in sub-section (2) of Section 5 for the unexpired term of the member whose place has fallen vacant,
Section 8 Council Fund
(1) There shall be a fund at the disposal of the Council to meet the charges in connection with the performance of its functions under this Act.
(2) The fund of the council shall consist of--
(a) grants, if any, made by the Central Government or the State Government.
(b) contributions made by the factories, cane growers and cane growers' co-operative societies at such rates as may be prescribed.
(c) any other sums which the Government may require to be credited to it.
Section 9 Appointment of Cane Commissioner
(1) The Director of Agriculture shall ex-officio be the Cane Commissioner for the purposes of this Act provided that the Government may at any time appoint any other officer or person to be the Cane Commissioner.
(2) The Cane Commissioner shall exercise and perform the powers and functions conferred or imposed upon him by or under this Act.
Section 10 Appointment of Deputy Cane Commissioner
(1) The Government may appoint an officer with experience in cane to be the Deputy Cane Commissioner for the purposes of this Act.
(2) A Deputy Cane Commissioner shall exercise such powers and discharge such functions of the Cane Commissioner as the Government may direct or as the Cane Commissioner may delegate to him.
Section 11 Inspectors
(1) The Government or any authority or officer empowered by them may for the purposes of this Act, appoint those persons or officers of the Government who in the opinion of the Government or the authority or officer so empowered possess knowledge and experience in cane to be Inspectors within such local limits as may be assigned to them.
(2)The Inspectors shall perform the functions and exercise the powers imposed or conferred upon them by or under this Act.
Section 12 Estimate of cane required by a factory and fixation of minimum quantity of cane to be crushed
(1) The Cane Commissioner may, for the purposes of Section 15, by order, require the occupier of any factory to furnish to him in the manner and on the date and specified in the order an estimate of the quantity of cane required by the factory during any crushing season.
(2) The Cane Commissioner shall examine every such estimate in consultation with the council concerned and shall publish the same with such modifications, if any, as he may make. He shall also make an order fixing in the prescribed manner the minimum quantity of cane to be crushed by the factory during the season.
Section 13 Register of cane-growers and cane grower' co-operative societies
(1) The occupier of a factory shall maintain in the prescribed form a register of all cane growers who sell cane to that factory in accordance with the provisions of Section 15 and sub-section (1-A) of Section 16. A copy of the entries made in the register shall be forwarded to the Council and to the Sugarcane Inspector, not later than the 30th September of each year.
(2) The Government may make rules to provide for--
(a) the correction of entries made in the register and the addition of new entries, if necessary,
(b) The supply of copies of entries made in the register on payment of the prescribed fee.
Section 14 Power of survey, etc.
(1) If, in the opinion of the Cane Commissioner, it is necessary for the purposes of Section 15 that a survey of the area from which a cane grower supplies cane to a factory should be made, he may by order provide for a survey of such area to be made in such manner and by such officers as may be prescribed.
(2)
(a) The cost of survey under sub-section (1) shall be recovered in such proportion as may be prescribed from--
(i) the occupier of the factory;
(ii) the cane grower;
(iii) the Government
(b) Any amount due from the occupier of a factory or a cane grower towards the cost of survey shall be recoverable as an arrear of land revenue.
Section 15 Declaration of factory zone
The Cane Commissioner may, after consulting the factory and the Council concerned, by order declare any area as the factory zone for the purposes of supply of cane to the factory during five crushing seasons immediately following the date of the order and may, likewise at any time, cancel such order or alter the boundaries of the area so declared:
Provided that the villages from which cane was being supplied to the factory during the five crushing seasons ending with the crushing season immediately preceding the date of the order shall be included in the factory zone of that factory, the order of priority in the selection of villages being based on the maximum number of years of supply by each such village.
Section 16 Regulation of supply and purchase of cane in factory zone
(1) Where an area has been declared as the factory zone for a factory, the occupier of such factory shall, save as otherwise provided in sub-section (1-A) purchase such quantity of cane grown in that area and offered for sale to the factory as may be determined by the Cane Commissioner in accordance with the provisions of the Schedule.
(1A) The occupier of a co-operative factory shall, notwithstanding anything to the contrary in the Schedule and notwithstanding that an area has been declared as the factory zone for the said factory, purchase in accordance with the bye-laws of the factory, such quantity of cane as may be required by the factory and offered for sale by the members of the said factory, whether they grow cane within or outside the factory zone after obtaining the prior permission of the Cane Commissioner on furnishing him such particulars as may be prescribed;
(2) No cane grower in a factory zone shall sell or supply cane to any factory or other person otherwise than in accordance with the provisions of the Schedule.
(2A) No person other than the occupier of a factory for which a factory zone has been declared shall purchase cane in the factory zone otherwise than in accordance with the provisions of the Schedule.
(3) The Government may, by notification, alter, add to or cancel the Schedule:
Provided that no such notification shall take effect unless it is laid on the Table of the Legislative Assembly.
Section 17 Appeal
An appeal shall lie to the Government against any order passed by the Cane Commissioner under this Act.
Section 18 Revision
The Government may, at any time either suo motu or on application made to them, call for and examine the records relating to any decision or order passed or proceeding taken by any authority or officer subordinate to them under this Act for the purpose of satisfying themselves as to the legality or propriety of such decision or order or as to the regularity of such proceeding and pass such order in reference as they think fit:-
Provided that the Government shall not pass any order prejudicial to any party unless he has had a reasonable opportunity of making his representations.
Section 19 Payment of cane price
(1) The occupier of a factory or owner of a khandasari unit shall make suitable provision to the satisfaction of the Cane Commissioner for the payment of the price of cane supplied to the factory.
(2) Upon the delivery of cane, the occupier of a factory or owner of a khandasari unit shall be liable to pay within fourteen days from the date of such delivery the price of cane so supplied.
(2A) The price of the cane remaining unpaid on the expiration of the period specified in sub-section (2) shall carry interest at fifteen per cent per annum from the date of delivery of cane and it shall be recovered as an arrear of land revenue;
(3) If any occupier of a factory or the owner of khandasari unit fails to pay the price of the cane sold to him in accordance with the provisions of sub-section (2) or the interest payable under sub-section (2-A), he shall, in addition to the said price or the interest being recovered from him as an arrear of land revenue, be liable to the penalty provided for under clause (b) of sub-section (4) of Section 3 of the Essential Commodities Act, 1955 (Central Act 10 of 1955), as if he had contravened a direction issued under that clause.
(4) Without prejudice to the provisions of the foregoing sub-sections, where the occupier of a factory or the owner of a khandasari unit or any other person competent in that behalf, enters into an agreement with a bank under which the bank agrees to give advance to him on the security of sugar produced or to be produced in the factory or khandasari unit, the said occupier, owner or other person, as the case may be shall provide in such agreement that such percentage, which shall not be less than fifty per cent of the total amount of advance, as may be prescribed, shall be set apart and be available only for payment to cane growers or other co-operative societies on account of the quantity of sugarcane purchased or to be purchased for the factory or khandasari unit during the current crushing season from those cane growers or from or through those societies and interest thereon and such societies' commission in respect thereof.
(5) Every such occupier, owner or other person as aforesaid shall send a copy of every such agreement to the Collector and Cane Commissioner within a week from the date on which it is entered into.
Section 20 Power to declare varieties of cane as unsuitable for use in factories or Khandasari units
(1) The Cane Commissioner may, by order, declare that--
(a) cane of any variety grown in any area specified in such order is unsuitable for use in all or any of the factories or Khandasari units situated in the said area;
(b) ratoon cane of any variety grown in any area specified in such order is unsuitable for use in all or any of the factories or Khandasari units situated in the said area;
(c) seed cane of any variety is unsuitable for distribution to cultivators in any area specified in such order.
(2) The order under sub-section (1) shall be issued before the 31st October in any calendar year:
Provided that the Cane Commissioner may for reasons to be specified therein issue the order in respect of any particular factory on any other date which he considers suitable in the case of such factory or Khandasari units.
(3) Where any seed cane of any variety has been declared under sub-section (1) to be unsuitable for distribution to cultivators in any area, the occupier of a factory or any other person acting on his behalf or a cane grower or cane growers co-operative society shall not distribute seed cane of such variety to any person to be used by cane growers or members of cane growers' co- operative societies in any area.
(4) Where cane or ratoon cane of any variety has been declared under sub-section (1) to be unsuitable for use in a factory, or Khandasari units the occupier of such factory or any other person acting on his behalf or a cane grower or a cane growers' co-operative society shall not plant cane of any such variety or keep ratoon cane of any such variety.
Section 21 Levy of tax on purchase of cane
(1) The Government may, by notification, levy a tax at a rate not exceeding one hundred rupees per metric ton on the purchase of cane required for use, consumption or sale in a factory or a khandasari unit.
(2) The Government may, by notification, remit in whole or in part such tax in respect of cane used or intended to be used in a factory for any purpose specified in such notification.
(3) Notwithstanding anything in any other law for the time being in force, any sum due to the Government towards the purchase tax levied under this section shall be a first charge on the sugar produced out of cane already subject to purchase tax. No occupier of a factory or owner of a khandasari unit shall remove or cause to be removed any sugar produced in the factory or khandasari unit on or after the date specified by the Cane Commissioner in this behalf, either for consumption or for sale or for manufacture of any other commodity in or outside the factory or khandasari unit, until he has paid such sum:
Provided that such sugar may be deposited without payment of any such sum in a godown or other place of storage approved by the assessing authority and where it is so deposited it shall not be removed therefrom unitl the sum as aforesaid has been paid.
(3A) Before the beginning of each crushing season or as soon thereafter as may be, and in the case of crushing season beginning on the date of commencement of the Andhra Pradesh Sugarcane (Regulation of Supply and Purchase) (Amendment) Act, 1976, as soon as may be after such commencement, the assessing authority shall work out and specify the provisional amount of tax calculated per metric tone of sugar under sub-section (1), by correlating the quantity of sugarcane purchased for the factory or khandasari unit to the sugar produced in the factory or khandasari unit during the last preceding crushing season in which the factory or khandasari unit was under production.
Explanation I : - If the factory or khandasari unit was under production during only a part of any such previous crushing season, it shall be sufficient to take into consideration that part of the crushing season during which the factory or khandasari unit was actually under production.
Explanation II :- If the factory or khandasari unit had not commenced production before the crushing season for which the provisional assessment is made, then the assessing authority may specify the provisional amount of tax on the basis of comparable data relating to other factories or khandasari units, if any, in the same region or of any other relevant factor.
(3B) At the end of the crushing season, the assessing authority shall work out and specify a revised amount of tax to be paid, by taking into account the quantity of sugarcane purchased for the factory or khandasari unit and the sugar produced in the factory or khandasari unit during the current crushing season, and where the amount is reduced or increased on such revision, the excess paid or the deficit, as the case may be, shall be spread over the remaining stock of the said sugar, and the amount to be paid before removal of such stock of sugar shall be refixed accordingly; and if no such sugar remains in stock, then the owner shall be entitled to a refund or liable to pay the balance, as the case may be.
(3C) If at any time it appears to the assessing authority that a part of the stock of the said sugar has been removed, or is for any other reason no longer available, and the payment towards tax due against such part under this section has not been made, the assessing authority may direct the deficit to be recovered by spreading it over the sugar in stock at that time.
(3D) In relation to the tax levied under sub-section (1) and in respect of purchase of sugarcane on or after the date of commencement as aforesaid,
(a) sub-sections (4) and (5) shall apply, from the date of purchase of sugarcane from the growers.
(b) sub-section (3-C) shall apply with the modification that where the assessing authority is satisfied that the occupier of a factory or owner of a khandasari unit has removed or caused to be removed any sugar in contravention of the provisions of this section or has failed to account fully for the sugar produced in the factory or khandasari unit or deposited by him under the proviso to sub-section (3), the person liable to pay the tax shall, in addition to the amount payable under sub-section (3) in respect of the quantity of sugar so removed or caused to be removed or unaccounted for, be also liable to pay by way of penalty a further sum not exceeding one hundred per cent of the sum so payable;
(c) the provisions of this sub-section shall be without prejudice to the provisions of sub-section (3-C).
(4) The tax payable under sub-section (1) or sub-section 1-A shall be levied and collected from the occupier of the factory or the owners of the Khandasari Unit in such manner and by such authority as may be prescribed.
(5) Arrears of tax shall carry interest at such rate as may be prescribed.
(6) If the tax under this section together with the interest, if any, due thereon, is not paid by the occupier of a factory or the owners of Khandasari Unit within the prescribed time, it shall be recoverable from him as an arrear of land revenue.
Provided that the total amount due as tax under this section together with interest, if any, due thereon shall be communicated under the signature of the Cane Commissioner to the Collector for its recovery as an arrear of land revenue.
Section 21A Finality of levy of tax
(1) Any occupier of a factory or owner of a khandasari unit, who is aggrieved by the levy of tax made in pursuance of Section 21 may, within thirty days of the communication to him of the order levying the tax, appeal to such authority as the Government may, by notification, appoint in this behalf, for the cancellation or modification of the levy of tax and on such appeal, the said authority may cancel or modify the tax and order the refund to such occupier or owner of the whole or part as the case may be, of the amount paid thereunder :-
Provided that the authority so appointed shall not be inferior in rank to the authority by which the tax was levied.
(2) Where the appellate authority is of opinion that any tax has been short-levied, no order enhancing the tax shall be made unless the appellant has been given notice to show cause, within one month from the date of communication thereof, against the proposed order.
(3) The Government may, on the application of any person aggrieved by any order made under sub-section (1) or sub-section (2), cancel or modify such order, if such application is made within sixty days from the date of the communication to him of the order made under sub-section (1) or sub-section (2), as the case may be.
(4) The decision of the Government and subject to decision of the Government, the decision of the appellate authority, shall be final.
Section 22 Determination of occupier of factory or Khandasari unit for the purposes of this Act
(1) Where the occupier of a factory or the owner of Khandasari Unit is a firm or other association of individuals, any one or more of the partners or members thereof may be prosecuted and punished under this Act for any offence for which the occupier of the factory is punishable:-
Provided that the firm or association may give notice to the Collector and the Cane Commissioner that it has nominated one of its partners or members to be occupier of the factory for the purposes of this Act, and such individual shall be deemed to be the occupier of the factory for the purposes of this Act until further notice cancelling his nomination is received by the Collector and the Cane Commissioner or until he ceases to be a partner or member of the firm or association, as the case may be.
(2) Where the occupier of a factory is a company or a co- operative society, any one or more of the directors thereof or, in the case of a private company, any one or more of the shareholders thereof, may be prosecuted and punished under this Act of any offence for which the occupier of the factory or Khandasari unit is punishable :-
Provided that the company or cooperative society may give notice to the Collector and the Cane Commissioner that it has nominated a director, and a private company may give notice to the said officers that it has nominated a shareholder, to be the occupier of the factory for the purposes of this Act and such director or shareholder shall be deemed to be the occupier of the factory for the purposes of this Act until further notice cancelling his nomination is received by the Collector and Cane Commissioner or until he ceases to be a Director or shareholder as the case may be.
Section 23 Penalties
(1) If any occupier of a factory or Khandasari unit contravenes the provisions of--
(a) Section 12;
(b) sub-section (1) of Section 13; or
(c) any rule made under sub-section (2) of Section 13;
(d) sub-section (1) of Section 16;
(e) sub-section (2-A), (4) and (5) of Section 19;
(f) sub-section (3) of Section 21; he shall be punishable with fine which may extend to rupees five thousand and in the case of a continuing contravention, with a further fine not exceeding rupees one thousand for each day during which the contravention continues.
(2) Any person who contravenes the provisions of sub-section (2) or sub-section (2-A) of Section 16 shall be punishable with fine which shall not be less than rupees one thousand and which shall not exceed rupees two thousand and any person who contravens the provisions of sub-section (3) or sub-section (4) of Section 20 shall be punishable with fine which may extend to rupees two thousand.
(3) Any person contravening any of the provisions of this Act or of any rule or order made under this Act for which no penalty is provided in sub-section (1) or sub-section (2) shall be punishable with fine which may extend to rupees five hundred.
Section 23A Confiscation of vehicles and weigh bridges
Where in any case tried by the Courts the Magistrate decides that the vehicle or weigh bridge is liable to confiscation, he shall order confiscation of such vehicle or weigh bridge:
Provided that if the vehicle or weigh bridge is not the property of the offender, it shall not be confiscated if the owner thereof had no reason to believe that such offence was being or was likely to be committed.
Section 24 Institution of proceedings
(1) No court shall take cognizance of an offence punishable under this Act or any rule or order made thereunder except upon a complaint in writing made by the Cane Commissioner or any authority or officer authorised by him in this behalf.
(2) No court inferior to the court of the magistrate of the first class shall take cognizance of, or try, an offence under this Act or any rule or order made thereunder.
Section 25 Composition of offences
On the application of a person accused of an offence under this Act or any rule or order made thereunder, the Cane Commissioner or any authority or officer authorised by him in this behalf may, at any stage, compound such offence by levying composition fee not exceeding rupees five thousand.
Section 26 Special powers of Magistrates
Notwithstanding anything in Section 32 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), it shall be lawful for a Magistrate of the first class specially empowered by the Government on this behalf and trying any offence under this Act or any rule or order made thereunder to pass sentence of fine not exceeding five thousand rupees on any person convicted for such offence.
Section 27 Protection of acts done in good faith
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of any provision of this Act or any rule or order made thereunder.
(2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of any provision of this Act or of any rule or order made thereunder.
Section 28 Power to make rules
(1) The Government may by notification, make rules to carry out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the constitution of the Committee and the council;
(b) the dissolution and reconstitution of the Committee and the Council and other matters incidental thereto;
(c) the procedure to be followed for removal of members of the Council;
(d) the procedure to be followed by the Committee and the Council for the conduct of business at meetings;
(e) the manner of summoning of the joint meeting of the Councils under Section 6, the business to be transacted at such meeting and the procedure for the transaction of such business;
(f) the manner in which the accounts of the fund placed at the disposal of the Council under Section 8 shall be maintained and the application of and payment from such fund;
(g) the directions to be issued by the Government to the Committee and the Council for carrying out the purposes of this Act;
(h) the powers and functions of the Cane Commissioner;
(i) the matters relating to the appointment and conditions of the Deputy Cane Commissioner and Inspectors to be appointed under Sections 10 and 11 and their powers and functions;
(j) the time within which applications and appeals may be presented under this Act; in cases for which no specific provision in that behalf has been made in this Act;
(k) the fees to be paid in respect of applications and appeals under this Act;
(l) the form of agreement to be entered into under the provisions of this Act and the penalty to be paid for breach of any condition of the agreement;
(m) the supervision and control to be exercised over the Council and the audit of its accounts;
(n) the correct weighment of cane and the provision of facilities for weighment and for checking weighments;
(o) the provision of approach roads, parking space for carts bringing cane to factories, sheds for bullocks and cart-drivers, water troughs for bullocks and other ancillary matters;
(p) notwithstanding anything in the Industrial Disputes Act, 1947 (Central Act 14 of 1947), the Andhra Pradesh (Andhra Area) Co-operative Societies Act, 1932 (Act 6 of 1932) and the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952 (Act 16 of 1952) the reference to the Cane Commissioner of disputes--
(i) regarding the supply and purchase of cane between a factory and a cane grower or a cane growers' co-operative society or between members of a cane growers' co-operative society and the society;
(ii) between the Council and a cane growers' co-operative society or a factory or a cane grower regarding the payment of contribution to the council by the society, factory or cane grower;
(iii) relating to any other business of the Council; for decision or, if he so directs, to arbitration, the mode of appointing arbitrator, the procedure to be followed before the Cane Commissioner or the arbitrator and the enforcement of the decision of the Cane Commissioner or the award of the arbitrator;
(q) the form of the statements, returns, registers and other records required to be furnished or maintained by or under this Act;
(r) the form and the manner in which applications shall be made by or under this Act;
(s) the duties of any officer or authority having jurisdiction under this Act and the procedure to be followed by such officer or authority;
(t) the matters which are to be or may be prescribed.
(2A) Any rule under this Act may be made with retrospective effect and when such a rule is made, the reasons for so making the rule shall be specified in a statement to be laid before both Houses of the State Legislature.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 29 Repeal and savings
(1) The Andhra Pradesh (Andhra Area) Sugar Factories Control Act, 1949 (Act XX of 1949), The Andhra Pradesh (Telangana Area) Sugar Cane Cess Act, 1953 (Act IX of 1953), and the Madras Sugar Factories Control Act, 1949 (Madras Act XX of 1949) as in force in the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 (Central Act 56 of 1959), are hereby repealed:
Provided that such repeal shall not affect the previous operation of the Acts so repealed or any right, title, obligation or liability already acquired, accrued or incurred thereunder and subject thereto anything done or any action taken in exercise of any power conferred by or under the Acts so repealed, shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the date on which such thing was done or action was taken.
(2) Notwithstanding anything in sub-section (1),--
(a) the Advisory Committee constituted under Act XX of 1949 so repealed shall continue to exercise all powers and perform all functions conferred or imposed on it by or under this Act, until a committee is constituted in accordance with the provisions of this Act;
(b) any application, appeal or other proceeding made or preferred to any officer or authority under the Acts so repealed and pending at the commencement of this Act shall, after such commencement, be transferred to and disposed of by the officer or authority who would have had jurisdiction to entertain such application, appeal or proceeding under this Act, as if this Act had been in force on the date on which such application, appeal or proceeding was made or preferred.
Section 30 Validation
Any order made by the Government before the commencement of this Act remitting the cess leviable under the provisions of the Andhra Pradesh (Telangana Area) Sugarcane Cess Act, 1953 (Act IX of 1953), shall for all purposes, be deemed to be valid as if such order had been made under sub-section (2) of Section 21.
Section 31 Power to remove difficulties
If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts so repealed, the Government may, by order published in the Andrha Pradesh Gazette, give such directions not inconsistent with the purposes of this Act, or make such adaptations or modifications of this Act not affecting the substance as appear to them to be necessary or expedient for removing the difficulty.
SCHEDULE 1 SCHEDULE
SCHEDULE( Section 16 ) SCHEDULE
( Section 16 )
1. (1) Every occupier of a factory shall in the matter of acceptance or purchase of cane for use in the factory, observe the following order of priority, namely--
(a) the cane cultivated on the land owned or taken on lease by the factory concerned;
Provided that the cane cultivated in any land acquired or taken on lease by the factory outside the factory zone concerned after the commencement of this Act shall be treated as cane supplied by any other cane grower mentioned in sub-item (iv) of item (b) for purposes of priority;
(b) the cane supplied by the following in the order indicated below:
(i) experimental station of the Government;
(ii) liaison farms,
(iii) observation plots,
(iv) Omitted.
Provided that from among the registered cane growers, the cane growers from whom the factory was having supply of cane for a maximum number of seasons during the five crushing season ending with the crushing season for 1960-61 shall be given preference for supplying cane.
(2) Notwithstanding anything in sub-paragraph (1)
(a) a co-operative factory may take its requirements of cane from its members first in accordance with its bye-laws and take the balance, if any, preferably from non-member cane growers in the factory zone;
(b) a new factory that commences crushing after the commencement of this Act not being a co-operative factory may take sixty per cent of its total requirements of cane from its shareholders cultivating cane in the factory zone on a pro rata basis with reference to the amount of share capital paid by each and take the balance from cane growers in the factory zone, each of whom is cultivating cane in not more than one hectare of land (hereinafter referred to as small cane growers').
1-A. Notwithstanding anything in this Schedule, in the case of a co-operative factory, the members of the factory, whether they grow cane within or outside the factory zone, shall be deemed to be registered cane growers for purposes of this Schedule and shall have priority over the non-member registered cane growers in the matter of sale or supply of cane to the factory.
Provided that every such member shall obtain the prior permission of the Cane Commissioner on furnishing him the particulars of cane grown by him outside the factory zone.
2. Each registered cane grower shall be entitled to supply such quantity of cane as is equivalent to the average quantity supplied by him per crushing season during the period of five crushing seasons preceding the relevant crushing season;
Provided that in the case of a registered cane grower who supplied cane to a factory for only a part of the said period of five crushing seasons, the quantity of cane which such registered cane grower is entitled to supply shall be equivalent to the average quantity of cane supplied by him during the part of the period aforesaid.
3. The number of registered cane growers eligible to supply cane to a factory during each crushing season shall be limited depending upon the total quantity of cane that is available for supply to the factory from different sources mentioned in paragraph I to meet the average requirements of the factory.
Explanation :- For the purpose of this paragraph, the average requirements of the factory for each crushing season shall be the average of the quantities of the cane crushed during the five crushing seasons preceding the relevant crushing season or 140 times the daily crushing capacity of the factory whichever is less.
4. If the requirements of cane of a factory in any crushing season exceeds the quantity of cane that is available for supply to the factory from different sources mentioned in paragraph 1, the additional requirements may be taken from the share-holders of the factory with the approval of the Cane Commissioner upto a maximum of twenty five per cent of the total requirements.
Provided that nothing in this paragraph shall apply in the case of a co-operative factory where its members offer to supply the said additional requirements in accordance with its bey- laws.
5. Any factory which, in the opinion of the Government, is substantially expanded, may take sixty per cent of its additional requirements of cane resulting from such expansion from cane growers in the factory zone, who have subscribed for the expansion by way of loan or share capital, in proportion to the amount of such subscription and take the balance from small cane growers;
Provided that the Government may permit a factory to take cane in proportion to the amount of subscription from cane growers outside the factory zone, who subscribed capital for its expansion by way of loan or share capital so as to supplement the capital subscribed by the cane growers in the factory zone.
6. When a co-operative factory proposes to issue additional shares with a view to expand its crushing capacity, such share shall be offered first to the members of that factory who own less than seven shares each, to enable them to supply cane upto 54 metric tonnes each and the balance of shares, if any, left over shall then be offered in the following order--
(i) to non-member cane growers situated within a radius of five miles of the factory upto a maximum of three shares each; and
(ii) to other growers in the factory zone.
7. The members of cane growers co-operative society who cultivate cane in a factory zone shall be entitled to supply cane to the factory concerned.
8. The Cane Commissioner may grant permission,--
(i) for the purchase of cane grown in a factory zone by any person or factory other than the factory for which such zone has been declared; and
(ii) for the sale of cane grown in a factory zone to any person or factory other than the factory for which such zone has been declared.
9. When a registered cane grower commits a breach of agreement entered into by him with an occupier of a factory for the supply of cane to the factory his name shall be liable to be removed from the register of cane growers maintained under Section 13 for a period of three crushing seasons and such removal shall be without prejudice to any other action to which he may be liable under this Act.
RULE:
ANDHRA PRADESH SUGARCANE (REGULATION OF SUPPLY AND PURCHASE) RULES, 1961
In exercise of the powers conferred by Section 28 of the Andhra Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1961 (Andhra Pradesh Act XLV of 1961), the Governor of Andhra Pradesh hereby makes the following rules:-
CHAPTER 1 Short Title and Definitions
Rule 1
These rules may be called the Andhra Pradesh Sugarcane (Regulation of Supply and Purchase) Rules, 1961.
Rule 2
In these rules, unless the context otherwise requires,--
(a) 'Act' means the Andhra Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1961 (Andhra Pradesh Act XLV of 1961);
(b) 'agricultural year' means the agricultural year commencing on the 1st July of each year;
(c) 'Appendix' means an appendix to these rules;
(d) 'budget year' means the year commencing on the 1st April of each year;
(e) 'form' means a form contained in Appendix III;
(f) 'purchasing centre' means any place at which cane is purchased, delivered, weighed or paid for and includes such portion of the premises of a factory as is used for any of these purposes;
(g) 'section' means a section of the Act;
(h) 'weigh-bridge' means any mechanism of scales (including beam scales) used to weigh cane;
(i) words and expressions used but not defined in there rules shall have the respective meanings assigned to them in the Act.
CHAPTER 2 Sugarcane Advisory Committee
Rule 3
The meetings of the Committee shall be held in Hyderabad unless otherwise directed by the Chairman and on such dates as the Chairman may fix.
Rule 4
Notice in writing of a meeting of the Committee shall be sent by the Secretary of the Committee to all members, at least 14 days before the date fixed for the meeting, except in emergent cases, when a notice, both by letter and telegram, shall be sent, at least three days before the date fixed for the meeting.
Rule 5
When the seat of any nominated member of the Committee becomes vacant by reason of resignation or death or by any other cause, the Government shall nominate another person to fill the vacancy, and the person so nominated shall hold office for the unexpired term of the member whose place has fallen vacant.
Rule 6
The procedure specified in Appendix I shall be followed by the Committee for the conduct of business at meetings.
CHAPTER 3 Cane Development Councils
Rule 7
The Council may, with the approval of the Cane Commissioner, appoint a Joint Secretary from amongst its members to assist the Secretary.
Rule 8
(1) An annual budget shall be drawn up by every Council and submitted for sanction to the Cane Commissioner at least one month before the commencement of the budget year. The Cane Commissioner may sanction the budget with such modification as he may consider necessary.
(2) No expenditure shall be incurred unless it has been provided for in the budget and sanctioned;
Provided that with the prior approval of the Cane Commissioner given in writing, expenditure under a sanctioned item may exceed the provision for that item.
(3) The Cane Commissioner may, at any time during the currency of the budget, order expenditure on any item specified by him and enforce payment therefor from the funds of the Council, where due to any special circumstances or default of the Council such a course is considered necessary for meeting any sudden, emergent or unforeseen contingency.
Rule 9
The Cane Commissioner may, where necessary, order the appointment of auditors other than the departmental auditors, for auditing the accounts of the Council. The expenditure on such audit shall be met from the funds of the Council.
Rule 10
The funds of the Council shall be kept in a scheduled bank or a co-operative bank approved by the Cane Commissioner and shall be operated on by the Secretary under the control of the Chairman subject to the directions, if any, issued by the Cane Commissioner. The Secretary shall maintain proper accounts, registers and vouchers of all income and expenditure. The accounts shall be audited annually by a duly appointed auditor, and the Council shall rectify all the audit objections to the satisfaction of the Cane Commissioner.
Rule 11
The rates at which the contributions shall be made to the Council and under Clause (b) of sub-section (2) of Section 8 of the Act shall be as follows :-
(i) at the rate of fifty paise for every metric tonne of sugarcane purchased by the factory;
(ii) at the rate of fifty paise for every metric tonne of sugarcane sold by the cane growers and the Cane growers Co-operative Societies in the factory zone.
Rule 12
The Secretary may, subject to the control of the Chairman, convene meetings of the Council as often as may be necessary and shall do so when required by any two members of the Council. He shall circulate the agenda, keep the minutes of the meetings, carry on correspondence on behalf of the Council and discharge such other functions as may be necessary. He shall forward a copy of the minutes of every meeting to the Cane Commissioner within a week of the date on which it is held.
Rule 13
The procedure specified in Appendix-II shall be followed at the meetings of a Council.
Rule 14
(1) The annual meeting of all Councils in a district shall be held not later than the 31st December during a crushing season.
(2) The meeting shall be held at such time and place as may be fixed by the Cane Commissioner.
CHAPTER 4 Inspectors
Rule 15
Every Inspector may within the local limits of his jurisdiction and with such assistance as may be necessary--
(a) enter any factory or other place which is used or which he has reason to believe is being used as a purchasing centre or for the maintenance of any registers, accounts or other documents relevant thereto,
(b) examine the weigh-bridge and weights used, kept or possessed for the weighment or purchase of cane,
(c) cause any vehicle carrying cane or other consignments of cane to be weighed or reweighed in his presence,
(d) check weighments, purchases and payments made,
(e) inspect factory roads, cattle-sheds, cattle troughs and lighting arrangements made for weighment of cane,
(f) examine the records showing the amounts of cane purchased and crushed.
(g) call from the occupier of a factory any information relating to the purchase, supply and crushing of cane,
(h) issue from time to time such instructions as may be necessary to ensure equitable purchase of cane,
(i) examine any records, registers, accounts or documents or Cane Growers' Co-operative Societies,
(j) examine any record, register or document or call for any information relating to the payment of purchase tax and price of cane,
(k) take into his possession and remove from the factory or purchasing centre such records, registers, documents, statements and returns, maintained or caused to be maintained by the occupier of a factory as he may require for the purpose of any enquiry or examination, and
(l) exercise such other powers as may be necessary for carrying out the purposes of the Act and these rules
CHAPTER 5 Cane Requirements of a Factory, Declaration of Factory Zone and Regulation of Supply and Purchase of Cane in Factory Zone
Rule 16
The minimum quantity of cane to be crushed by a factory during any crushing season shall be fixed by the Cane Commissioner under Section 12(2) according to the formula "140 x daily crushing capacity of the factory in that season x 6 1/2/7".
Rule 17
The Cane Commissioner may by order authorise an Inspector to arrange for a survey of the area from which a cane grower supplies cane to a factory. The cost of survey shall be recovered in equal proportion from the occupier of the factory, the cane grower, and the Government.
Rule 18
(1) The occupier of the factory shall apply to the Cane Commissioner, three months before the commencement of a planting season, to be specified in respect of each factory by the Cane Commissioner, in Form I for the declaration of factory zone for the purposes of supply of cane to the factory during the ensuing crushing season.
(2) The Cane Commissioner may, for any special reason, entertain an application for declaration of a factory zone after the commencement of a planting season.
(3) Every such application shall be accompanied by a treasury receipt showing that a fee of rupees ten has been deposited in the local Government treasury.
Rule 19
An appeal against an order of the Cane Commissioner under Section 15 shall within 14 days of the publication of the order lie to the Government at the office of the Collector or Inspector, provided that the Government may, for any special reason, entertain an appeal made after the expiry of the above period. The appeal shall be in triplicate.
Rule 20
(1) A cane grower or a cane growers' co-operative society may within 14 days of the issue of an order declaring an area as the factory zone, offer in Form 2, to supply cane grown in that area to the occupier of the factory.
(2) The occupier of a factory for which a zone has been declared shall, within fourteen days of the receipt of the offer, enter into an agreement in Form 3 or Form 4, with the cane grower or the Cane Growers' Co-operative Society, as the case may be, for the purchase of the cane offered:
Provided that any purchase of cane made before the execution of such agreement shall be deemed to have been made in accordance with the agreement.
(3) The Cane Commissioner may, for reasons to be recorded in writing, extend the date for making offers in respect of any factory zone.
CHAPTER 6 Grower's Register
Rule 21
The occupier of a factory shall maintain a register to be called the Growers' Register in respect of the factory zone in Form 5 and it shall be open to inspection by every grower during office hours. The Register shall be brought up-to-date one month in advance of the commencement of the crushing season.
Rule 22
Any grower having or claiming to have grown sugarcane in a factory zone may apply to the occupier of the factory for the correction of any entry or the addition of a new entry in the Growers' Register. The occupier shall keep a record of such applications.
Rule 23
The occupier of the factory shall, after such inquiry as he considers necessary, pass orders on an application within fourteen days of its receipt and shall supply a copy of such orders free of charge to the applicant. An appeal from the orders of the occupier shall lie to the Cane Commissioner.
Rule 24
The occupier of a factory shall, on an application made to him in writing and on payment of a fee of 25 naya paise per grower, furnish to any person a copy of the entries in the Growers' Register in respect of any grower.
Rule 25
The Growers' Register shall be preserved by the occupier of a factory permanently.
CHAPTER 7 Weighments
Rule 26
No cane shall be purchased without actual weighment.
Rule 27
The net weight of cane shall be correctly recorded to the nearest kilogram or to a minimum weight not exceeding ten kilograms to weight correctly, to weight the weigh-bridges have been calibrated.
Rule 28
The occupier of a factory shall permit a representative of the cane grower or a Cane Grower's Co-operative Society or any other person duly authorised by the Cane Commissioner or an Inspector in this behalf, to watch or check weighments, weigh-bridges and weights and to examine the cane weighment receipts.
Rule 29
No occupier of a factory shall use, keep or possess for weighment of cane--
(a) scales or weights which are incorrect:-
Provided that if a weigh-bridge or scale is incorrect up to one per cent, the weighment may not be stopped, but extra allowance in weight and price shall be made to the supplier of cane according to the extent of the mistakes detected and that no deductions shall be permissible for incorrectness;
(b) scales, the arms of which are not legibly marked on both sides or are not accessible to the vendors of cane or their authorised agents or are not legible to persons standing near the carts which are being weighed; and
(c) scales or weights which have been disapproved by an Inspector.
Rule 30
The part of the mechanism of a scale or weigh-bridge, by which its adjustment is controlled, shall be kept suitably sealed and locked.
Rule 31
All weigh-bridges, scales and weights used, kept or possessed for purchase of cane shall, at all times without notice, be made available for inspection and test, when required by an Inspector or such other person as may be authorised by the Cane Commissioner.
Rule 32
Standard weights of one metric tonne in the aggregate shall be kept by the occupier of a factory at every purchasing centre, where there is a weigh-bridge.
Rule 33
An occupier of a factory shall cause all weigh-bridges or scales used, kept or possessed by him for the purchase of cane to be tested daily and shall maintain record of such test, which shall on demand, be shown to an Inspector.
Rule 34
At every purchasing centre, adequate facilities for weighment shall be provided to the satisfaction of the Cane Commissioner by the occupier of a factory to avoid congestion and undue delay in weighment Cane carts and trucks shall not be kept waiting for more than six hours without adequate reasons.
Explanation :- A cart shall not be deemed to have been kept waiting unduly if the supplier of cane, having received instructions in writing to deliver cane on a certain day or at a fixed time on a certain day ignores such instructions or where the practice of issuing written instructions is in force, brings cane without receiving such instructions.
Rule 35 An occupier of a factory shall
(a) provide metalled approaches from the public roads to the parking ground at the factory, from the parking ground to the cane carrier of the factory, and metalled exit from the cane- carrier to the public roads, up to such distances, as may be directed by the Cane Commissioner;
(b) keep the same in a proper state of repairs;
(c) provide, to the satisfaction of the Cane Commissioner, reasonable space with metalled tracks separated by railings or walks and properly lighted, for the parking of carts waiting for weighment and keep the same in a proper state of hygienic cleanliness.
(d) provide shelter and drinking water facilities for both cart- men and bullock at the factory gates and drinking water facilities at all purchasing centres as directed by the Cane Commissioner, and
(e) provide such other facilities also as may be directed by the Cane Commissioner from time to time.
Rule 36
No deduction shall be made from the weight of cane on the ground that the cane is improperly stripped or on any other ground except in so far as it may be permissible under any order or direction of the Government of India.
Rule 37
The occupier of a factory shall provide adequate labour at each purchasing centre for loading or transporting of cane.
Rule 38
Payment of the price of cane shall be made at the purchasing centre on the basis of the recorded weight of the cane. The price shall be calculated to the nearest naya paisa.
Rule 39
Payments for cane shall be made only to the grower or his representative duly authorised by him in writing to receive payment or to a Cane Growers' Co-operative Society.
Rule 39A
Where a bank agrees to give advance to the occupier of a factory or the owner of a Khandasari Unit on the security of sugar produced or to be produced in the factory or Khandasari Unit, the agreement relating to that advance between the bank and the factory or Khandasari Unit shall provide that not less than sixty five percent of the amount advanced thereunder shall be set apart and be available for the purpose of sub-section (4) of Section 19 of the Act.
Rule 39B
If any occupier of a factory or the owner of a Khandasari Unit fails to pay in accordance with the provisions of sub-section (2-A)of Section 19 the price of the cane sold to him within a period of four months from the date of such sale, the Sugarcane Inspector concerned may furnish to the Collector of the district or any other officer authorised by him, the particulars of the amounts due from the defaulters, the nature of the dues and the details of the properties that may be attached in the course of recovery of the duties from the defaulters in accordance with the provisions of the Andhra Pradesh Revenue Recovery Act, 1964.
Rule 40
Where a dispute arises regarding the price of cane supplied or the claimants to the price of cane weighment receipts under which payments are claimed, payments to the claimants may be withheld pending enquiry. All such cases shall be entered in a register and shall be immediately referred to the Deputy Cane Commissioner for orders. An appeal against the orders of the Deputy Cane Commissioner shall lie to the Cane Commissioner within thirty days from the date of order:
Provided that whenever payment to the claimant is withheld under this rule, the occupier of the factory shall forthwith deposit the amount in dispute in the Court of a Revenue Divisional Officer or Sub-Collector, having jurisdiction over the factory zone.
Rule 41
The occupier of a factory shall not make any deduction from the amount due to a cane grower or Cane Growers' Co-operative Society for the cane sold to him except any loan due to him or any amount due to a Cane Grower's Co-operative Society or to the Cane Development Council or the voluntary contribution made by the cane grower towards the National Defence Fund or such deductions as are obligatory under the bye-laws of a Co-operative Sugar Factory, besides any amount as decided by the management of the factory towards National Savings purely on a voluntary basis.
Rule 42
If, with the previous general permission of the Cane Commissioner given in respect of any area, the occupier of a factory has advanced any loan for meeting the expenses of cultivation to the person from whom cane has been purchased, he may deduct from the price of the cane the amount of the loan together with simple interest thereon at a rate not exceeding six percent per annum for the period the loan has been outstanding :-
Provided that the amount of the loan shall not be disproportionate to the area to be sown or the assistance necessary to sow it or the value of the came to be delivered and that no deduction shall be made in respect of a loan given more than three agricultural years prior to the date of the purchase of cane.
Explanation :- A loan for the purposes of this rule shall mean an advance made in pursuance of an agreement to plant a definite area of sugarcane or to enable such area to be planted or to deliver a certain amount of cane. The Cane Commissioner or an Inspector authorised by him will decide, on application from the occupier of a factory whether a loan is proportionate to the area to be planted or the assistance necessary to plant it or the value of the cane to be delivered.
CHAPTER 8 Collection of Purchase Tax
Rule 43
Omitted.
Rule 44
The occupier of a factory shall maintain a correct day-to-day account in Form 6, of the cane purchased for use, consumption or sale in the factory.
Rule 45
(1) The occupier of a factory or the owner of a Khandasari Unit shall pay into the nearest treasury, on or before the fifteenth day of every month, the amount of tax assessed on him by the assessing authority during the month immediately preceding.
(2) The arrears of tax if any still recoverable under sub-section (5) of Section 21 shall carry interest at the rate of 16 per cent per annum.
(3) The interest, if any, recoverable shall be treated as part of outstanding purchase tax for purposes of recovery.
Rule 46
Before the close of each month, the occupier of a factory shall submit to the Cane Commissioner, a return in Form 7, showing the total quantity of cane that entered the factory during the month immediately preceding and the amount of tax deposited by him into the local Government treasury on account of cane purchased in the factory, together with the treasury receipt showing that the amount of tax due has been duly credited into the local Government treasury.
Rule 47
The Cane Commissioner shall, on receipt of the return submitted to him under Rule 46, check that the amount of the tax has been correctly calculated and that the amount due as provided in Rule 45 has been credited into the local Government treasury.
CHAPTER 9 Determination of Occupier
Rule 48
A notice of nomination of a person as occupier of a factory under Section 22 shall be given to the Collector and to the Cane Commissioner in Form 8.
Rule 49
The person declared as occupier of a factory shall deposit as security a sum of rupees one thousand in cash or in Government securities of the market-value of rupees one thousand or post-office cash certificates of the present encashment value of rupees one thousand. Such security shall be deposited with the Collector and shall be retained so long as that person acts as occupier:-
Provided that, for reasons to be recorded in writing, the Collector may dispense with the security deposit or permit the deposit of such smaller security as he may think proper.
Rule 50
Government will have the first charge on such sum for the recovery of any fine or penalty due from the factory under the Act or these rules
CHAPTER 10 Notices
Rule 51
The occupier of a factory shall cause to be put up at each purchasing centre in regional language.
(a) copy of an abstract of these rules, and
(b) a notice of suitable size in clear bold letters showing the minimum price of cane fixed by Government and the rates at which cane is being purchased at the purchasing centre.
Rule 52
Such notice shall be put up--
(a) at each entrance to the factory,
(b) at the place at which weighments of cane are made for the factory, and
(c) at such other conspicuous places near the places mentioned in clauses (a) and (b) as the Inspector may direct.
CHAPTER 11 Registers and Records
Rule 53
(1) An occupier of a factory shall prepare or cause to be prepared at each purchasing centre a receipt in triplicate showing correctly--
(a) the serial number of the receipt.
(b) the date of purchase,
(c) the name of the person from whom the cane is purchased, with his parentage and full address together with similar particulars about the person, if any, authorised by the vendor to deliver cane on his behalf.
(d) the number of requisition slip issued to the vendor,
(e) the gross weight of the cane, including the weight of the vehicle in which cane is brought,
(f) the weight of vehicle in which the cane is brought,
(g) the weight of the binding material to be deducted,
(h) the net weight of the cane purchased.
(i) the rate at which the cane is purchased, and
(j) omitted
(2) The entries under items (e) and (f) of sub-rule (1) shall be made and announced in the presence of the person who actually delivers the cane while the vehicle is still standing on the weigh-bridge, and in the case of weighment on beam scales, immediately on completion of the weighment, entries under items (a) to (d) shall be made as soon as weighment takes place; and entries under items (g) to (j) shall be made as soon as the empty vehicle is weighed.
Rule 54
The receipt referred to in Rule 53 shall be handed over in duplicate to the person from whom the cane is purchased or his authorised agent before the person or his authorised agent leaves the weigh-bridge. The triplicate copy of the counterfoil shall be kept at the purchasing centre.
Rule 55
When payment is made for cane purchased, the receipt of the payee shall be taken on one of the counterfoils of the receipt handed over to him in accordance with the provisions of Rule 54:
Provided that if a number of receipts are presented together for payment, the receipt of the payee for the whole amount due to him may be taken only on the latest receipt, In such case, the number of or other reference to, the other receipt covered by the receipt shall be given in the receipt and the other receipt shall be cancelled.
Rule 56
An occupier of a factory shall maintain or cause to be maintained, at each purchasing centre, a register or record showing correctly the particulars mentioned at items (a) to (j) of sub-rule (1) of Rule 53 and in addition the following:--
(1) the amount of authorised deduction, if any;
(2) the amount actually paid in cash;
(3) the amount paid otherwise than in cash, if so authorised;
(4) date of payment.
Rule 57
(1) An occupier of a factory shall maintain or cause to be maintained, except in respect of cane purchased through a Cane-growers', Co-operative Society, separately for each cane-grower, an account containing the following particulars:-
(i) name of the supplier (with the necessary details to ensure his identity, e.g., father's name, address, etc.).
(ii) date of purchase,
(iii) the rate per metric tonne paid for cane,
(iv) serial number of the relevant receipt,
(v) net weight of cane purchased,
(vi) progressive total weight of cane purchased,
(vii) amount due for cane purchased,
(viii) progressive total amount due for cane purchased,.
(ix) amount paid for cane purchased,
(x) progressive total amount paid for cane purchased.
(2) When the cane is supplied through a Cane Growers' Co-operative Society, the society shall maintain the account referred to in sub-rule (i) in respect of each of its members. In addition, this account shall also show deductions, if any, made from the price of cane payable to a member. A separate register or record shall be maintained for each factory to whom cane is supplied.
Rule 58
An occupier of a factory shall maintain or cause to be maintained at each purchasing centre an inspection book in which Inspectors or other persons authorised by the Cane Commissioner may record their remarks and instructions.
Rule 59
The registers and records maintained and copies of counterfoils or receipts issued, including the copies or counterfoils of the receipts containing the acknowledgment of the payees, shall be kept at the purchasing centre until it is finally closed for the agricultural year. They shall be open to inspection and check by an Inspector or such other public servant as may be appointed for the purpose :-
Provided that the registers and the records may be taken for check to the factory once in a calendar month and retained there for a period not exceeding twenty-four hours at a time when no purchases of cane are being made at the purchasing centre.
Rule 60
The registers, records, receipts, and the like referred to in this Chapter shall be preserved by the occupier of the factory or the Cane Growers' Co-operative Society concerned for at least five agricultural years from the date of the last transaction entered therein.
Rule 61
The occupier of a factory shall submit correct returns relating to purchase of cane and the production and sale of sugar in such form, by such date and to such authority as may be directed by the Cane Commissioner.
Rule 62
An occupier of a factory shall maintain or cause to be maintained for each purchasing centre an abstract in Form 9, regarding the purchases of cane and payment of cane price and send a copy thereof to the Cane Commissioner or to any authority specified by the Cane Commissioner in respect of each month by the 14th day of the following month.
CHAPTER 12 Cane Commissioner
Rule 63
The Cane Commissioner may, by order, require the occupier of a factory to submit to him or to any other authority specified in such order, any information, return or statement relating to the production, supply and crushing of cane; the manufacture of sugar including its cost, the quantity and grade of sugar manufactured, in stock and issued; and the quantities in which sugar is sold.
Rule 64
The Cane Commissioner may examine or cause to be examined by a person duly authorised by him in this behalf--
(a) any machinery used, kept or possessed for the production of sugar;
(b) such registers, returns, accounts and documents as in his opinion are relevant for the purpose of checking the recovery of sugar or for estimating the capacity of a machinery or any part thereof.
CHAPTER 13 Arbitration
Rule 65
Any dispute (a) regarding the supply and purchase of Cane between a factory and a Cane Growers' Co-operative Society or between members of a Cane Growers' Co-operative Society and the Society, (b) between the Council and a Cane Growers' Co-operative Society or a factory or a cane grower regarding the payment of contribution to the Council by the society, factory or cane-grower, and (d) relating to any other business of the Council, shall be referred to the Cane Commissioner for decision. The Cane Commissioner shall decide it himself or refer it to arbitration.
Rule 66
If the Cane Commissioner himself decides the dispute referred to him under Rule 65 his decision shall be final, subject to appeal or revision under Sections 17 and 18.
Rule 67
If the Cane Commissioner directs the reference of a dispute to arbitration, it shall be referred to an arbitrator to be appointed by him.
Rule 68
The Cane Commissioner or the arbitrator shall have power to administer oath and to require by summons the attendance of the parties concerned and of witnesses and the production of all books and documents relating to the matter in dispute.
Rule 69
(1) In these proceedings the Cane Commissioner or arbitrator shall fix the date, time and place of hearing of the dispute and carry on the necessary correspondence in connection with the disposal of the case.
(2) The summons and notices in these proceedings shall be served by registered post or by personal service or by affixing copies at the last known residence or place of business of the person concerned.
Rule 70
The arbitrator shall give an award within the time originally fixed or as extended by the Cane Commissioner, failing which the Cane Commissioner may decide the dispute himself, or appoint another arbitrator for the purpose.
Rule 71
No award shall be invalid merely on the ground that it has been given after the expiry of the time fixed or by reason of any defect or form or any technical error therein.
Rule 72
The Cane Commissioner may suo motu or on an application for review made to him within one month of the communication of his decision, review such decision; provided that such review is necessary in the interests of equity, justice and good conscience.
Rule 73
(1) Any party considering itself aggrieved by the award of an arbitrator may appeal to the Cane Commissioner within one month of the date of the communication of the award.
(2) The order of the Cane Commissioner in appeal shall be final.
Rule 74
The decision of the Cane Commissioner or the award of the arbitrator or the order of the Cane Commissioner in appeal may be enforced in one of the following ways:-
(a) On the application made to the Cane Commissioner, the Cane Commissioner may send a requisition to the Collector for enforcement of his decision or the order of the Cane Commissioner in appeal. On receipt of such requisition the Collector shall recover all sums recoverable under such decision or award or order, as the case may be, as arrears of land revenue.
(b) On an application made to the Civil Court having jurisdiction over the subject-matter of the decision or award or order, the decision of the Cane Commissioner or the award of the arbitrator or the order of the Cane Commissioner in appeal shall be enforced by the Court, as if such decision, award, or order in appeal were a decree of that Court.
CHAPTER 14 Penalties, forfeiture of Securities and Power to exempt from Rules
Rule 75
No prosecution shall be instituted under these rules unless the person complained against has been given an opportunity to show cause why he should not be prosecuted.
Rule 76
The Collector may, by order in writing, forfeit, in whole or in part, any security deposited with him under these rules after giving the occupier of a factory an opportunity of explaining the charges against him and of producing evidence in defence.
Rule 77
An appeal against an order under Rule 76 shall lie to the Cane Commissioner within one month, of the date of communication of the order to the person whose security is forfeited. The order of the Cane Commissioner in appeal shall be final.
Rule 78
The Collector or the Cane Commissioner, in appeal, may order compensation to be paid out of the forfeited security to any person who has suffered loss owing to the misconduct of or breach of these rules by the occupier of a factory.
Rule 79
The Collector may order the payment of any sum payable under an award given under these rules for forfeiture of the security deposited with him.
Rule 80
The Government may for reasons to be recorded,by order, exempt any person from all or any of the provisions of these rules
APPENDIX 1 Rules of Procedure for Meetings of the Sugarcane Advisory Committee
APPENDIX 1
Rules of Procedure for Meetings of the Sugarcane Advisory Committee
( See Rule 6 )
1. At all the meetings of the Committee seven members inclusive of the Chairman shall form a quorum.
2. Notice of a resolution or a motion to be moved at a meeting of the Committee, other than the first meeting shall be sent to the Secretary at least eight days before the date fixed for such meetings.
3. The Secretary shall send to each member at least four days before the date fixed for a meeting other than an emergency meeting a notice of the business to be brought forward at the meeting.
4. Business other than that contained in the agenda sent to members shall not be transacted at a meeting except with the consent of the Chairman.
5. No motion or amendment shall be discussed at a meeting unless is seconded.
6. Every question shall be decided by a majority of votes of the members present. In case of the votes being equally divided, the Chairman shall have and exercise a second or casting vote.
7. The Chairman shall be the sole judge of any point of order and may if necessary dissolve the meeting or adjourn it to any other day.
8. If at any meeting there is no quorum, the Chairman shall adjourn the meeting to any subsequent date and no quorum shall be necessary for a meeting so adjourned.
9. In any case not provided by these rules the procedure shall be in accordance with the ruling of the Chairman.
APPENDIX 2 Rules of Procedure for Meeting of Cane Development Council
APPENDIX 2
Rules of Procedure for Meeting of Cane Development Council
(See Rule 13)
1. All meetings of the Council shall be held at a place notified by the Secretary with approval of the Chairman.
2. Notice in writing of the meetings of the Council and the agenda shall be circulated to all members of the Council not less than one week before the meetings. Notice of a resolution or a motion to be moved at a meeting of the Council shall be given to the Chairman at least ten days before the meeting.
3. All meetings of the Council shall be presided over by the Chairman. In the absence of the Chairman, the members present shall elect a Chairman from among themselves.
4. At meetings of the Council, three members, inclusive of the Chairman, shall form a quorum.
5. Business other than contained in the agenda shall not be transacted at a meeting except with the approval of the Chairman.
6. A motion or amendment may be withdrawn with the permission of the Chairman by any member who has given notice thereof.
7. Every question shall be decided by a majority of votes of members present. In the case of votes being equally divided, the Chairman shall exercise a second or casting vote.
8. The Chairman shall be the sole judge of any point of order and may call any member to order and may, if necessary, dissolve the meeting or adjourn it to any other day.
9. In any case not provided for by these rules, the procedure shall be in accordance with the ruling of the Chairman.
APPENDIX 3 APPENDIX
Form 1 Application for Declaration of Factory Zone
FORM
See Rule 18(I)
FORM 1
Application for Declaration of Factory Zone
See Rule 18(I)
PART A
1. Name and address of the applicant factory ...................
2. Name (s) and address (es) of the occupier (s) of the factory.
(1)
(2)
(3)
(4)
(5)
(In case a nomination has been made, mention only the name of the individual so nominated)
3. Model crushing capacity of the mills .................
(a) Last season.
(b) Now .................................
4. Particulars of crushing of cane during the five crushing seasons ending with the crushing season for .................
Season Quantity crushedin metric tonnes Number of working days Date of Starting Closing Remarks (1) (2) (3) (4) (5) (6) 19 - 1919 - 1919 - 1919 - 1919 - 19
(Average of the five seasons ...................... )
5. Particulars of payments of tax and cane price :
In respect of the lastcrushing season Nature ofdues Balance due inrespect of seasonsbefore the last season Amountdue Amountpaid Balance Total ofcolumns (2)and (5) Remarks (1) (2) (3) (4) (5) (6) (7) Tax Caneprice Total
6. Particulars of purchases, if any, at more than the minimum cane price during the last crushing season :-
Name ofpurchasingcentre Increased rateof purchase Period From To Quantitypurchased atincreased rate Remarks (1) (2) (3) (4) (5) (6)
7. Assuming that last year's area would be available to the factory, give the expected duration of the season :
Days ........................................ From ........................ to ........................
8. Loans, if any, advanced by the factory :-
Particularsof area Totalamountadvanced Total amount tobe realised duringthe season Reference to the CaneCommissioner's ordersanctioning advance of loan Remarks (1) (2) (3) (4) (5)
9. Requirement of wagons assuming the availability of previous year's area.
Number of Wagons
Broad guage ........................... Meter guage ...........................
PART - B
10. Particulars of Purchasing Centres
Permission has to be sought from the Cane Comissiner if cane is purchased and weighed in centres other than at the factory, giving full details in the following form.
Name ofpurchasingcentre Rail orroad Whether in the factoryzone or not Distancefrom thefactory gate Transportchargescharged if conveyed bythe factory Quantity of canelikely to be supplied from thepurchasing centre Remarks (1) (2) (3) (4) (5) (6) (7)
11. Area of sugarcane grown or proposed to be grown in factory's own land and land taken on lease by the factory.
12. Tonnage likely to be available from the area mentioned under Item 11 above.
Date ......................... ....................................
......................... Signature of occupier of the factory.
Form 2 Offer by a Cane Grower or a Cane Growers' Co-operative Society in a Factory Zone for supply of Cane to a Factory
FORM
See Rule 20 (1)
FORM - 2
Offer by a Cane Grower or a Cane Growers' Co-operative Society in a Factory Zone for supply of Cane to a Factory
See Rule 20 (1)
1. Name of applicant (with father's name.)
(the Cane Growers' Co-operative Society.
2. Village, Taluk and District
3. Name and address of factory to which cane is offered.
4. Total area of land owned by the cultivator and fit for growing sugarcane.
5. Total area of land taken on lease for growing sugarcane.
6. Total area of land in his/the members' cultivation under sugarcane during 19 ..................
(here the area cultivated by the applicant/s in the previous year has to be furnished).
7. Total area of land in ....................... his/the members ........... cultivation proposed to.
be put under sugarcane in the current season (19 ...............)
8. Name of the village or villages in which the land proposed to be put under sugarcane in the current season is situated.
9. Survey No. or Nos. in which cane will be grown.
10. Area under plant, Adsali or ratoon cane.
11. Variety or varieties proposed to be cultivated and their extent.
12. Total estimated yield from the entire area.
13. Quantity of cane estimated for sale.
14. Date of offer.
15. Remarks (here mention the dates of ratooning of ratoon fields and probable date of plant cane).
Signature of the Cane Grower or the authorised Representative of a Cane Growers' Co-operative Society.
Date ..........................................
Form 3 Agreement between a Cane Grower and the Occupier of a Factory
FORM
See Rule 20 (2 )
FORM - 3
Agreement between a Cane Grower and the Occupier of a Factory
See Rule 20 (2 )
I, ............................................ son of ...... a cane grower of village ............................. taluk ...... district .............................. hereinafter referred to as the first ............................. party and ............ the occupier of .......................... factory (hereinafter referred to as the second party), hereby enter into an agreement for the sale and purchase of cane on the following terms:
(1) The first party agrees to sell during the season 19 ......... 19 .............., his sugarcane crop standing on ................. hectares as detailed in the schedule below with an approximate yield of .................. metric tonnes to the second party at the minimum price notified by Government subject to such deductions, if any, as may be notified by the Government from time to time. The first party further undertakes so supply good cane free from leaves, tops and roots at the factory gate or at ...................... purchasing centre in such quantities and on such dates as may be specified in the requisition slips issued by the occupier of the factory in conformity with this agreement and the instructions issued by the Cane Commissioner.
(2) The cane shall be taken by the second party in instalments, in an equitable manner with due consideration of its maturity and completion of harvest of each field in the minimum period possible.
(3) In the event of wilful failure to supply at least 85 per cent of the agreed quantity of sugarcane the first party shall be liable to pay the second party compensation at a rate not exceeding fifteen naya paisa per forty kilograms on such deficit.
(4) In case the first party wilfully fails to supply cane to the second party on three consecutive occasions according to the requisitions made by the second party, the first party shall cease to have a claim to sell cane to the second party.
(5) In the event of the second party wilfully failing to take delivery of the cane, which the first party is ready to deliver in accordance with this agreement, the second party shall be liable to pay to the first party the actual price of the quantity of such cane which he fails to purchase. In the event of the second party otherwise than wilfully failing to purchase cane in accordance with this agreement, it shall be liable to pay to the first party compensation at a rate not exceeding fifteen naya paisa per forty kilograms for such quantity of cane as the second party fails to buy.
(6) In the event of a breakdown of the factory or of imposition of any statutory or other restrictions by the Government on the production of sugar subsequent to entering into this agreement, or of other circumstances due to natural causes, calamities or accidents beyond human control, arising to show that the second party will not be able to purchase the cane which it has agreed to purchase, the first party, after giving a week's notice to the second party and with the previous permission of the Cane Commissioner, shall have the option of making other arrangements for the disposal of the cane and in such case no compensation shall be payable by either party to the other.
(7) No compensation for breach of this agreement shall be payable by either party when such breach is due to natural causes, calamties or accidents beyond human control.
(8) Any dispute between the parties regarding the quality and condition of the cane, the place of delivery, the instalments and other matters pertaining to the agreement, shall be referred to arbitration in the manner provided for in the rules.
Witnesses :
(1) ............................
(2) Signature of the cane grower
(or his thumb-impression)
(1) ............................
(2) Signature of the occupier or his authorised
representative in token of his
accepting the above contract
Date ...................
SCHEDULE
Villages Area under sugarcane improved Desi Ratoon Plant Approximateyield inmetric tonnes Quantity offered for sale Remarks (1) (2) (3) (4) (5) (6) (7)
Form 4 Agreement Between a Cane Growers' Co-operative Society and Occupier of a Factory
FORM
See Rule 20(2)
FORM - 4
Agreement Between a Cane Growers' Co-operative Society and Occupier of a Factory
See Rule 20(2)
We ................................... the Cane Growers' Co-operative Society acting through their authorized representatives (hereinafter referred to as the first party), and ............. the occupier of ............................. factory, (hereinafter referred to as the second party) hereby enter into an agreement for the sale and purchase of cane on the following terms:-
(1) The first party agrees to sell during the season 19 ........ 19 ....... metric tonnes of sugarcane of the members of the Society standing on ............................. hectares as detailed in the Schedule below with an approximate yield of .... metric tonnes to the second party at the minimum price notified by Government from time to time, provided that the price payable by the second party to the first party shall not in any case be lower than that paid generally by the second party to other growers of the villages in which co-operative societies operate. The first party further undertakes to supply good cane free from leaves, tops and roots at the factory gate or at ..... purchasing centre in such quantities and on such dates as may be specified in the requisition slip issued by the occupier or manager of the factory in conformity with this agreement and the instructions issued by the Cane Commissioner.
(2) The cane shall be taken by the second party in instalments, in an equitable manner with due consideration of its maturity and completion of harvest of each field in the minimum period possible.
(3) In the event of wilful failure to supply at least eighty-five per cent of the agreed quantities of sugarcane, the first party shall be liable to pay the second party compensation at rate not exceeding fifteen naya paisa per forty kilograms on such deficit.
(4) In case the first party wilfully fails for a fortnight to supply cane to the second party in accordance with the requisition made by the second party, the first party shall cease to have a claim to sell cane to the second party.
(5) The second party shall ordinarily send its requisition for cane to the first party at least four days before the cane is required and will not make changes within this period without sufficient reasons.
(6) In the event of the second party wilfully failing to take delivery of the cane, which the first party is ready to deliver in accordance with this agreement, the second party shall be liable to pay to the first party the actual price of the quantity of such cane which it fails to purchase. In the event of the second party otherwise than wilfully failing to purchase cane in accordance with this agreement it shall be liable to pay the first party compensation at a rate not exceeding fifteen naya paisa per forty kilograms for such quantity of cane as the second party fails to buy.
(7) In the event of a breakdown of the factory or of imposition of any statutory or other restrictions by the Government on the production of sugar subsequent to entering into this agreement, or of other circumstances due to natural causes, calamities or accidents beyond human control arising to show that the second party will not be able to purchase the cane which it has agreed to purchase, the first party, after giving a week's notice to the second party and with the previous permission of the Cane Commissioner, shall have the option of making other arrangements for the disposal of the cane and in such case no compensation shall be payable by either party to the other.
(8) No compensation for breach of this agreement shall be payable by either party when such breach is due to natural causes, calamities or accidents beyond human control.
(9) Any dispute between the parties regarding the quality and condition of the cane, the place of delivery, the instalments and other matters pertaining to this agreement, shall be referred to arbitration in the manner provided for in the rules.
Witnesses. (1) (2) Signature of the authorised representative of Cane Growers' Co-operative Society, Limited. (1) (2) Signature of the occupier or his authorised representative in token of his accepting the above contract. Date ...............
SCHEDULE
Villages Area under sugarcane Improved Desi Ratoon Plant Approximateyield inmetric tonnes Quantity agreed for sale Remarks (1) (2) (3) (4) (5) (6) (7)
Form 5 Growers' Register
FORM
( See Rule 21 )
FORM - 5
Growers' Register
( See Rule 21 )
Name of village, taluk and district .......................
Name of factory ............................................
Name of purchasing centre ..................................
Serialnumber Name of cane growerwith father's name Totalholding Quota ofsupply Survey number ofplots under canecultivation Area under cane Improved Desi Ratoon Plant Amount ofcane bonded Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Form 6 FORM
FORM
(See Rule 44)
FORM - 6
(See Rule 44)
Name of factory
Quantity of cane in metric tonnes which entered the factory for use,consumption or sale therein by Date Carts Lorries Rail Others Total (1) (2) (3) (4) (5) (6)
Date : Signature of the Occupier.
Form 7 FORM
FORM
(See Rule 46)
FORM - 7
(See Rule 46)
Return for the month of ......................................................
Name of factory ............................................................
Total quantity ofcane which enteredthe factory for use,consumption orsale therein (Inmetric tonnes) Quantity of canepurchased by thefactory (In metrictonnes) Quantity of canefrom the factory'sown land or landstaken on lease bythe factory (Inmetric tonnes) Survey number andarea of the landsreferred to incolumn (2) Amount of tax dueon the cane purchased by factory Amount of taxcredited intotreasury Number and dateof treasury challanor receipt Remarks (1) (2) (3) (4) (5) (6) (7) (8) Rs. Np. Rs. Np. |
