|
An Act to
regulate the
price of
sugarcane
intended for use
in sugar
factories
Preamble.--
Whereas it is
expedient, for
the purpose of
assuring to
sugarcane
growers a fair
price for their
produce, to
regulate the
price at which
sugarcane
intended to be
used in the
manufacture of
sugar may be
purchased by or
for factories;
It is hereby
enacted as
follows:--
1. Short
title, extent
and
commencement.--(1)
This Act may be
called the
Sugarcane Act,
1934.
(2) It extends
to the whole of
Pakistan.
(3)This section
shall come into
force at once;
the remaining
sections of this
Act shall come
into force in
any province on
such date as the
Provincial
Government may,
by notification
in the Official
Gazette, appoint
in that behalf.
2.
Definitions.--
In this Act,
unless there is
anything
repugnant in the
subject or
context:--
(1) "Controlled
Area" means any
area specified
in a
notification
issued under
sub-section (1)
of section 3;
[(1-a) "Cane
Commissioner"
means any
officer
specially
appointed by the
Provincial
Government to
perform the
function of a
Can Commissioner
under this Act
and such other
duties as may be
prescribed;
(1-b) "Cane
Grower" means a
person who
cultivates cane
either by
himself or by
members of his
family or b
tenants or by
hired labour and
who is not a
Cane Growers'
Co-operative
Society;
(1-c) "Cane
Growers
Co-operative
Society" means a
society
registered under
Co-operative
Societies Act,
1911, one of the
objects of which
is to sell cane
grown by its
members;
(1-d)
"Collector"
means the
Collector of a
district, and
includes a
Deputy
Commissioner and
any officer
specially
appointed by the
provincial
Government to
perform the
functions of a
Controller under
this Act;
(1-e) "Crushing
Season" means
the period
commencing on
the fifteenth
day of October
in any year and
ending on the
thirteenth day
of June of the
next following
year];
(2) "Factory"
means any
premises
(including the
precincts
thereof) wherein
twenty or more
workers are
working or were
working on any
day of the
preceding twelve
months and in
any part of
which any
manufacturing
process
connected with
the production
of sugar is
being carried on
or is ordinarily
carried on with
the aid of
power; and
[(2-a) "Occupier
of a factory"
means the person
who has ultimate
control over the
affairs of a
factory:
Provided that
where the
affairs of a
factory are
entrusted to a
managing agent
such agent shall
be deemed to be
the occupier of
the factory;
(2-b)
"Prescribed"
means prescribed
by rules made
under this Act;
(2-c) "Reserved
Area" means an
area specified
in order issued
under section
3-B];
(3) "Sugar"
means any form
of sugar
containing more
that ninety
percent of
sucrose.
1[2-A.
Construction and
extension of a
Factory.--
No person shall
commence the
construction of
any building
intended to be
used as a
factory or any
extension of the
plant of an
existing factory
which is likely
to increase its
capacity for
crushing cane
unless he has
been granted a
license by the
Provincial
Government on
such terms and
conditions as
may be
prescribed.
2-B.
Licensing for
crushing cane.--
(1) After
such date as the
Provincial
Government may
by notification
in the Official
Gazette specify
in this behalf,
no cane shall be
crushed in a
factory unless
the occupier
thereof has
obtained a
license
authorizing him
so to do.
(2)
Conditions of
licenses for
crushing cane.--
A license
granted under
sub-section (1)
shall be subject
to such terms
and conditions
as the
Provincial
Government may
impose in
respect of all
or any of the
following
matters,
namely:--
(a) membership
of organization
of the sugar
industry
recognized by
the Provincial
Government the
main object of
which is to
regulate the
sale of sugar;
(b) the price
above or below
which the terms
and conditions
on which and the
persons to whom
or the
organizations
for which or
through whose
agency, and
variety, grade
or quantity of
sugar produced
in the factory
may be sold;
(c) the manner
in which sugar
produced in the
factory shall be
graded, marked,
packed or stored
for sale;
(d) the minimum
quantity of the
cane that shall
be purchased
during the
crushing season;
and
(e) such other
matters as may
be prescribed,
including
conditions of
labour.
2-C.
Appointment of
Manager.--
(1) No factory
shall commence
to crush cane
unless the
occupier sends
to the collector
a notice in the
prescribed form
appointing a
person to be the
manager of the
factory for
purposes of this
Act and the
rules made
thereunder.
(2) Any person
so appointed
shall deposit as
security such
amount not
exceeding one
thousand rupees
as may be
prescribed.
(3) Whenever
another person
is appointed as
manager, the
occupier, shall
send to the
Collector a
written notice
of the change
within fourteen
days from the
date on which
the new manager
assumes charge.
(4) If no person
has been
appointed
manager of a
factory under
this section, or
if the person
appointed as
manager does not
manage the
factory, or has
not made the
requisite
deposit, found
acting as
manager, or, if
no such person
is found, the
occupier himself
shall be deemed
to be the
manager of the
factory for the
purposes of this
Act and the
rules made
thereunder].
3.
Declaration of
controlled
areas, and
fixing of
prices.--
(1) The
Provincial
Government may,
by notification
in the Official
Gazette, declare
any area
specified in the
notification to
be a controlled
area for the
purposes of this
Act.
(2) The
provincial
Government may,
by notification
in the Official
Gazette, fix a
minimum price or
minimum prices
for the purchase
in any
controlled area
of sugarcane
intended for use
in any factory.
(3) The
Provincial
Government may,
by notification
in the Official
Gazette,
prohibit in any
controlled area
the purchase of
sugarcane
intended for use
in any factory
otherwise than
from the grower
of sugarcane or
from a person
licensed by the
Provincial
Government to
act as a
purchasing
agent.
[3-A.
Estimate of
quantity of cane
required by a
factory.-- (1)
The Provincial
Government may
by order require
the occupier of
any factory to
submit to the
Cane
Commissioner, on
or before the
prescribed date,
an estimate in
the prescribed
form of the
quantity of cane
which will be
required in the
factory during
such crushing
season as may be
specified in the
order.
(2) The Cane
Commissioner
shall examine
every such
estimate and
shall publish
the same in the
prescribed
manner with such
modifications,
if any, as he
may think fit.
(3) An estimate
published under
sub-section (2)
may be revised
by the
prescribed
authority.
3-B.
Declaration of
reserved area.--
(1) The Cane
Commissioner,
may, after
consulting the
occupier of the
factory and
after
considering any
objections that
may be raised,
issue an order
declaring any
area to be a
reserved area
for the supply
of cane to a
particular
factory during
the ensuing
crushing season,
and may likewise
at any time
cancel such
order or alter
the boundaries
of an area so
reserved:
Provided that
unless the
parties
concerned
consent no
portion of an
area reserved
for one factory
shall, so long
as the
agreements
entered into by
occupier of such
factory with the
cane growers in
such area for
the supply of
cane remain in
force, be
included within
reserved area of
another factory.
(2) Any person
aggrieved by an
order of the
Cane
Commissioner
under
sub-section (1)
may appeal
therefrom to the
prescribed
authority.
3-C. Survey
of reserved
area.--The
Provincial
Government may
order a survey
to be made of
the area
reserved for a
factory under
section 3-B and
may recover the
cost of such
survey from the
occupier of the
such factory.
(2) Every such
survey shall be
made by such
officer as the
Provincial
Government may,
by general or
special order,
appoint in his
behalf.
(3) Every person
owning, or
occupying, land
in any area in
respect of which
a survey is
being made shall
afford the
officer making
the survey such
assistance for
making the
survey as may be
prescribed.
(4) Any amount
due from the
occupier of the
factory under
sub-section (1)
shall be
recoverable from
such officer as
an arrear of
land revenue.
3-D. Purchase
of cane in
reserved area.--
(1) A cane
grower or cane
growers'
Co-operative
Society in a
reserved area
may offer to
supply to the
occupiers of the
factory for
which the area
is reserved,
cane grown by
cane grower or
by the members
of such Cane
Growers'
Co-operative
Society, as the
case may be not
exceeding the
quantity, if
any, prescribed
for such grower
or cane Growers'
Co-operative
Society.
(2) The occupier
or manager of a
factory for
which an area is
reserved shall
enter into an
agreement to
purchase the
cane offered in
accordance with
sub-section (1):
Provided that he
shall not enter
into an
agreement to
purchase cane
from a person
who is a member
of Cane Growers'
Co-operative
Society.
(3) Except with
the permission
of the
Provincial
Government, cane
grown in a
reserved area
shall not be
purchased in
such area by a
purchasing
agent, or by any
person other
than the
occupier of the
factory for
which such area
has been
reserved.
(4) Cane grown
in a reserved
area shall not
be sold by any
person other
than the cane
grower or a can
growers'
co-operative
society:
Provided that a
cane grower or a
cane growers'
co-operative
society may
deliver cane
intended for use
in factory
through another
cane grower or
through a
carrier.
(5) If the
Provincial
Governments are
satisfied that
there is likely
to be in the
area reserved
for a factory
any quantity of
cane available
for sale to the
occupier of the
factory in
excess of the
quantity for
which he is
required to
enter into
agreement, the
Provincial
Government may,
during the
crushing season,
direct that cane
shall not be
purchased
outside the
reserved area
until the
occupier of the
factory enters
into agreement
to purchase all
the cane offered
to him in the
reserved area:
Provided that
such prohibition
shall not apply
in respect of
cane for the
supply of which
agreements in
writing have
been entered
into before such
direction was
issued.
3-E.
Penalties.--(1)
If any person
commences the
construction of
a new factory or
if the occupier
of the factory
makes any
extension of the
plant of the
factory, in
contravention of
the provisions
of sub-section
(1) of section
2-A, he shall be
punishable with
fine which may
extend to five
thousand rupees.
(2) If the
occupier of a
factory crushes
cane without
obtaining a
license under
section 2-B he
shall be
punishable with
fine which may
extend to five
hundred rupees
for each day on
which cane is
crushed at the
factory without
such license.
(4) If the
Provincial
Governments are
satisfied that
there has been a
breach of the
conditions of a
license under
section 2-B,
they may refer
the same for
advice to a
Tribunal
constituted in
the prescribed
manner, and on
the advice of
such a Tribunal,
cancel the
license and
impose on the
occupier of the
factory
concerned anyone
or more of the
following
penalties, that
is to say:--
(a) If the
breach consists
of a failure or
to sell sugar in
accordance with
the conditions
of the license,
the penalty may
extend to an
amount
calculated at
fifty paisas per
maund of the
sugar produced
or sold in
contravention of
such condition;
(b) if the
breach consists
of the willful
failure to
purchase a
minimum quantity
of cane the
penalty may
extend to an
amount,
calculated at a
rate not
exceeding six
paisas per maund
of cane which he
has failed to
purchase; and
(c) in any other
case of a breach
of a condition
or conditions of
the license, the
penalty shall
not exceed the
sum of five
thousand rupees.
(4) If the
occupier or
manager of a
factory:
(a)
intentionally
fails to enter
into agreement
as required by
sub-section (2)
of section 4-D;
or
(b)
intentionally
fails to
purchase cane in
accordance with
the terms of an
agreement
entered into
sub-section (2)
of section 3-D;
or
(c) purchases
cane outside a
reserved area in
contravention of
the provision of
sub-section (5)
of section 3-D;
or
(d) knowingly
enters into an
agreement with a
cane grower, who
is a member of a
Cane Growers'
Co-operative
Society in
contravention of
the provisions
to sub-section
(2) of Section
3-D, he shall be
punishable with
fine which may
extend to two
thousand rupees.
(5) If any
person knowingly
purchases or
sells cane in a
reserved area in
contravention of
provisions of
sub-Section (3)
or sub-section
(4) of section
3-D, he shall be
punishable with
imprisonment
which may extend
to six months or
with fine which
may extend to
two thousand
rupees or with
both.
(6) Any person
contravening any
of the
provisions of
this Act for
which no penalty
is otherwise
provided shall
be punishable
with fine which
may extend to
two thousand
rupees.
(7) Any penalty
imposed on the
occupier of a
factory under
sub-section (3)
shall be
recoverable from
such occupier as
an arrear of
land revenue.
3-F. tax on
sale of cane.--
(1) The
Provincial
Government may
by notification
in the official
gazette impose a
tax on the sale
of sugarcane at
a rate not
exceeding six
paisas per maund
or at a rate not
exceeding five
percent of the
sale price, and
may, by like
notification,
exempt from such
tax sale in any
area, or any
class or classes
of such sales to
be specified
therein.
(2) If any
agreement for
the sale of cane
is entered into
before the
imposition of a
tax under this
section, the
seller, will be
entitled to
recover from the
buyer in
addition to and
as part of the
contract price,
the amount of
such tax to
which the seller
may be liable.
(3) Any sum
payable under
this section
shall be
recoverable as
an arrear of
land revenue.]
4. previous
publication of
notifications
under Section
3.-- Not
less than thirty
days before the
issue of any
notification
under
sub-Section (1)
or sub-section
(2) of Section
3, the
Provincial
Government shall
publish in the
Official Gazette
and in such
other manner (if
any) as it
thinks fit a
draft of the
proposed
notification
specifying a
date on or after
which the draft
will be taken
into
consideration
and shall
consider any
objection or
suggestion which
may be received
from any person
with respect to
the draft before
the date so
specified.
5. Penalty
for purchase of
sugarcane in
contravention of
notification
under Section
3.-- Whoever
in any
controlled area
purchases any
sugarcane
intended for use
in a factory at
a price less
than the minimum
price fixed
therefore, by
notification
under
sub-section (2)
of Section 3 or
in contravention
of any
prohibition made
under
sub-section (3)
shall be
punishable with
fine which may
extend to two
thousand rupees.
6. Sanction
for prosecution
under this
Act.-- No
Court shall take
cognizance of
any offence
punishable under
section 5 except
upon complaint
made by order of
, or under
authority from,
the District
Magistrate.
7. Power of
Provincial
Government to
make rules.--(1)
The Provincial
Government may,
by notification
in the Official
Gazette, make
rules for the
purpose of
carrying into
effect the
objects of this
Act.
(2) In
particular and
without
prejudice to the
generality of
the foregoing
power such rules
may provide
for:--
(a) the carrying
out of inquiries
preliminary to
the exercise of
the powers
conferred by
Section 3;
(b) establishing
Advisory
Committees for
any purpose
connected with
procedures of
such Committee;
(c) the issue of
licenses to
purchasing
agents, the fees
for such
licenses and the
regulation of
the purchase and
sale of
sugarcane by and
to such agent;
(d) the
organization of
growers of
sugarcane into
societies for
the sale of
sugarcane to
factories;
(e) the
authorities by
which any
functions under
this Act or the
rules made
thereunder are
to be performed;
and
(f) the records,
registers and
accounts to be
maintained for
ensuring for the
compliance with
provisions of
this Act;
[(g) the issuing
and renewal of
licenses, the
forms and
conditions of
licenses, the
periods for
which they are
to be issued and
the fee to be
charged
therefore;
(h) the amount
of deposit under
sub-Section (2)
of section 2-C;
(i) the
procedure to be
followed in
making a survey
under Section
3-C the manner
of calculating
the cost of such
survey and the
powers to be
exercised and
the duties to be
performed by the
officer making
the survey;
(j) the form in
which and the
date by which an
offer under
sub-Section (1)
of Section 3-D,
shall be made;
and
(k) the form in
which, the date
by which and the
terms and
conditions
subject to
which, an
agreement under
sub-Section (2)
of Section 3-D
shall be entered
into;
(l) in
sub-Section (3),
the words, the
brackets and
letters under
clause (c) or
clause (f) of
shall be deemed
omitted.]
(3) In making
any rule under
sub-Section (1)
or under clause
(c) or clause
(f) of
sub-Section (2),
the Provincial
Government may
provide that a
breach of the
rule shall,
where no other
penalty is
provided by this
Act, be
punishable with
fine not
exceeding two
thousand rupees.
8. Power as
Provincial
Government to
make rules.--
The Provincial
Government after
previous
publication may,
by notification
in the Official
Gazette, make
rules providing
for the
exemption of
factories or any
class of
factories from
the provisions
of this Act.
|