REGISTERED No. D. 221
The Fazette of India
EXTRAORDINARY
PART II- Section 2
PUBLISHED BY AUTHORITY
No. 33] NEW DELHI, MONDAY , AUGUST 27 , 1962 /BHADRA 5, 1884
LOK SABНА
The following Bill was August , 1962 : - introduced in Lok Sabha on the 27th
BILL NO . 83 OF 1962
A Bill to empower the Central Government to amend the Sugarcane ( Control ) Order , 1955 with retrospective effect in respect of certain matters .
Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follows: -
1. This Act may be called the Sugarcane Control (Additional Short title . Powers ) Act , 1962 .
10 of 1955 .
amend the Orderwith Power to Sugarcane ( Control ) retrospective certain respect of 5 2. Notwithstanding that no provision has been made in section 3 of the Essential Commodities Act , 1955 , for making an order under that section with retrospective effect , the Central Government may , if satisfied that public interest so requires, by order notified in the Official Gazette , amend either prospectively or retrospectively the effect in 10 Sugarcane ( Control ) Order in respect of any matter for which provi- sion has been made in clause 3A and the Schedule of that Order , and matters . any such amendment may contain such supplemental , incidental and consequential provisions as the Central Government may deem neces- sary:
15 Provided that no such order shall be made so as to have retros- pective effect from a date earlier than the 1st day of November , 1958.
10 of 1955 .
Explanation . In this section ' Sugarcane ( Control) Order ' means the Sugarcane ( Control ) Order , 1955 made under section 3 of the 20 Essential Commodities Act , 1955 by notification of the Government of India in the Ministry of Food and Agriculture , S.R.O. No. 1863 dated the 27th August , 1955 and as amended from time to time.
(719) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 720
STATEMENT OF OBJECTS AND REASONS
Under clause 3A of the Sugarcane ( Control ) Order , 1955 made under the Essential Commodities Act , 1955 , producers of sugar are required to pay to growers of sugarcane a price in addition to the minimum price of sugarcane fixed under that Order . This additional payment has to be made in accordance with the formula set out in the Schedule to the Order . Neither the manufacturers of sugar nor the sugarcane growers were satisfied with the formula and repre- sentations were received for a re - examination of that formula . The Government accordingly referred the matter to the Tariff Commission and requested them to examine the formula in all its aspects . In its Report submitted to the Government , the Commission suggested a new formula for determining the additional price . This new formula has been examined and it is considered that it would be more appropriate to apply the existing formula after making suitable amendments thereto which are necessitated as a result of the accept- ance by the Government of the suggestions of the Commission for inclusion of allowances for rehabilitation and export losses , for adjustment of costs and for sharing of incentives given for increasing the production of sugar . Itis intended to make this revised formula effective from the 1st November , 1958 and for this purpose to suitably amend clause 3A and the Schedule of the Sugarcane ( Control ) Order with retrospective effect . Section 3 of the Essential Commodities Act under which the said Order was made does not enable the Govern- ment to make such orders with retrospective effect .
2. In order to achieve this object , it is proposed in the Bill to empower the Central Government to amend the Sugarcane ( Control ) Order in certain respects with retrospective effect .
S. K. PATIL
NEW DELHI;
The 21st August , 1962 .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
721
MEMORANDUM REGARDING DELEGATED LEGISLATION
Under section 3 of the Essential Commodities Act , 1955 , the Central Government can issue orders in respect of matters specified in that section . That section, however , does not enable the Central Govern- ment to make orders with retrospective effect . The Bill proposes to confer power on the Central Government to amend the Sugarcane (Control ) Order with retrospective effect in respect of certain matters . The matters in respect of which this power will be exercised are matters of detail . Every order made under the proposed enactment shall be laid before both Houses of Parliament .
The delegation is , therefore , of a normal character .
M. N. KAUL .
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVT . OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1962