The Gazette

of India

EXTRAORDINARY

PART II—Section 3—Subsection (i)

PUBLISHED BY AUTHORITY

No. 104]

NEW DELHI, THURSDAY, NOVEMBER 1,1962/KARTIKA 10,1884

MINISTRY OF FOOD & AGRICULTURE

(Department of Food)

ORDER

New Delhi, the 1st November 1962

G.S.R. 1460./Ess.Com./Sugarcane.—In exercise of the powers

conferred

section 3 of the Essential Commodities Act, 1956 (10 of 1955), read with section t

of the Sugarcane Control (Additional Powers) Act, 1962 (39 of 1962), the Central

Government hereby makes the following Order further to amend the Sugarcane

(Control) Order, 1955, namely:—

1. Short title.—This Order may be called the Sugarcane (Control) Amend-

ment Order, 1962.

2. Substitution of clause 3A.—In the Sugarcane (Control) Order, 1955 (herein-

after referred to as the principal Order), for clause 3A, the following clause shall

be substituted and shall be deemed to have been substituted with effect from the

1st day of November, 1958, namely: —

3A. "Additional price for

sugarcane -purchased.—(1) Where

a producer of

sugar or his agent purchases any sugarcane from a grower of sugarcane or a

growers' co-operative society during each of the four successive years beginning

on the 1st day of November, 1958, the producer shall, in addition to the minimum

price of sugarcane fixed under sub-clause (1) of clause 3, pay to the grower or

the co-operative society, as the case may be, an additional price, if found due,

in accordance with the provisions of the Schedule hereto annexed.

(2) Nothing in sub-clause (1) shall apply to the purchase of sugarcane,—

(a) where such sugarcane is used for the production of sugar In a newly

set up factory until the expiry of three years commencing from the

year in which the factory is so set up;

(b) where the purchase is made by a producer of sugar, which is a co-

operative society, from the members of that co-operative society,

(3) If the Central Government is satisfied that during any year a factory has

made no profit or has made Inadequate profit, that Government may, by order In

writing, exempt either wholly or partially, any producer of sugar from payment

of the additional price due from him under sub-clause (1) in respect of sugar-

cane purchased for that factory during that year.

(4) The Central Government may appoint any person or authority as it thinks

fit for the purpose of determining the additional price due from a producer of

sugar under sub-clause (1) for each of the successive four years beginning on

( 567)

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T H E GAZETTE OF INDIA EXTRAORDINARY

[PART II

fhe 1st day of November, 1958 and when the price is so determined, the person

or authority, as the case may be, shall intimate the same In writing to the pro-

ducer.

(5) (a) Any producer of sugar who feels aggrieved by any decision of the

person or authority referred to in sub-clause (4), may, within thirty days from

the date of communication to him of such decision, appeal to the Central Go-

vernment :

Provided that the Central Government may, if It is satisfied that the appellant

"had sufficient cause for not preferring the appeal within the aforesaid period of

thirty days, admit the appeal if presented within a further period of fifteen days.

(b) The Central Government may, after giving an opportunity to the appellant

to represent his case and after leaking such further enquiry as may be necessary,

pass such order as it thinks fit.

no appeal is filed, and of the Central Government where an appeal is filed, shall

be final.

(6) The price determined under sub-clause (4) or sub-clause (5), as the case

may be, shall be paid at such time and in such manner as the Central Govern-

ment may from time to time direct.

(7) Where any payment has been made in accordance with the directions issued

by the Central Government under sub-clause (2) of clause 3A as it stood imme-

diately before the date of the notification of the Sugarcane (Control) Amendment

Order, 1962, then, notwithstanding anything contained in the foregoing provisions

.of this clause, such payment shall be deemed to have been made in lieu of the

payment provided for In this clause as if that sub-clause were in force when the

direction was issued or payment was made.

<8) In this clause "co-operative society" means a co-operative aociety registered

under the Co-operative Societies Act, 1912 (2 of 1912) or under any other law for

the time being in force in any state relating to co-operative societies."

3. Insertion of new clause 4A.—In the

principal

Order, after clause 4, the

following clause shall be Inserted, namely:—

4A "Power to call for

information, etc.—The Central Government

any

person authorised in this behalf by the Central Government, may, with a view to

securing compliance with this Order or to satisfy itself or himself that this Order

is complied with—

(a) require any producer of sugar to furnish within such period as may be

specified such Information, returns or reports as may be

required

relating to the recovery of sugar, duration of season, cost of manu-

facture, stocks of sugar, price realised or to be realised for sugar,

molasses, press-mud and bagasse, amount realised or to be realised

by wayi of refund of or exemption from excise duty or cane cess or

purchase tax or by way of grant or subsidy given by the

Central

Government or

a State Government,

commission

to -Co-operative

societies paid or to be paid, amount spent on approved schemes of

sugar cane development, commission paid on sale of sugar, export

loss, amount spent on rehabilitation or amount transferred as reserve

to a special rehabilitation account, or any other information that may

be required for the purposes of this Order;

(b) inspect or cause to be inspected any accounts, books, registers or other

documents belonging to or under the control of a producer of sugar

or his agent and relating to any of the matters

specified in sub-

clause [(a);

any

premises of a producer of sugar or his agent."

4 Substitution of Schedule.—In the principal Order, for the

Schedule,

tho

following Schedule shall be substituted and shall be deemed to have been subs-

tituted with effect from the 1st day of November, 1988, namely:—

SEC. 3(i)]

THE GAZETTE OF INDIA EXTRAORDINARY

j6g

THE SCHEDULE

(See Clause 3A^

The amount to be paid on account of additional price (per maund or quintal

•of sugarcane) under clause 3A by a producer of sugar

shall be computed

accordance with the following formula, namely:—

(P—T—S—R)

x —

— Y

ioo

Explanation; In this formula—

(1) 'X' is the percentage cost of sugarcane to the total cost of sugar (excluding

taxes) as determined by the Central Government from time to time on the basis

of the recovery and duration of season of the factory for the year:

Provided that the cost of sugar (excluding taxes) shall be worked out on the

basis of the relevant schedule of costs given in the report of the Tariff Commis-

sion (1959) on the Cost Structure of Sugar and Fair Price payable to the Sugar

Industry, subject to the adjustment of such rise in cost subsequent to the Tariff

Commission enquiry in 1959 as in the opinion of the Central Government cannot

be absorbed by the margin for contingency included in the relevant schedule and

the consequent rise in return.

(2) 'P' is the sum of (i) the average ex-factory price (per maund or quintal)

realized by a producer of sugar and adjusted to ISS Grade D-29 according to the

price differentials fixed by Government, (ii) the money realized by the producer

of sugar from the sale of molasses, press-mud and bagasse, in relation to each

maund or quintal of sugar, and (iii) any; amount realized by the producer of sugar

by way of refund or exemption of excise duty or cane cess or cane purchase tax,

or by way of grant of subsidy given by the Central Government or a State Gov-

ernment in relation to each maund or quintal of sugar:

Provided that out of the rebate of excise duty granted to a producer of sugar

by virtue of the notification of the Government of India in the Ministry of Finance

Nos. GSR 706 dated the 25th June, 1960 and GSR 664 dated the 4th May, 1961,

only 75 per cent of such rebate shall be Included.

(3) T is the amount paid in relation to each maund or quintal of sugar on

account of excise duty, cane cess, cane purchase tax, commission paid to co-opera-

tive societies or cess imposed on sugar pr sugarcane by the Central Government

or a State Government or by. any authority and any sum spent

approved

schemes of sugarcane development.

(4) 'S' is the actual amount of commission paid in relation to each maund or

quintal of sugar:

Provided that such amount shall not exceed seventy-five naye palse for every

sum of rupees one hundred of sugar sold:

Provided further that no commission shall be taken into account" in respect of

sugar sold directly by a producer of sugar or in pursuance of any order of the

Central Government.

(5) 'R' is such allowance per maund or quintal of sugar for the factory as may

be deemed reasonable by the Central Government, having regard to the amount

actually spent by the factory on rehabilitation during the year and the amount

transferred as reserve to a special rehabilitation account during the year.

(6) 'M' is the weight in maunds or quintals of sugarcane required to produc*

a maund or quintal of sugar and such weight shall be calculated by dividing tha

total weight of the sugarcane purchased by the weight of the sugar

produced

therefrom and for this purpose, the weight of sugarcane purchased shall be th»

sum of the total weight of sugarcane crushed plus actual

driage, subject to a

ceiling of one percent, on the weight of sugarcane purchased at centres other thac

the factory gate.

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THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

(7) 'Y' is the total sum of (I) the minimum price of Sugarcane per maund or

quintal fixed by the Central Government under sub-clause (1) of clause (3) of

the Sugarcane (Control) Order, 1955, (ii) any extra price paid by the producer

for sugarcane in addition to the aforesaid minimum price, and (iii) the premium,

if any, paid for any approved variety of sugarcane or under any scheme approved

by the Central Government for payment of price of

sugarcane on the basis of

quality:

Provided that rebates, if any,

allowed

the

minimum

price

aforesaid

(excluding a rebate allowed on account of transport charges) shall be deducted

from the total sum aforesaid.

[No, 8-63/61-SEXF-II.]

L. G. RAJWADE, Jt. Secy.

PRINTED IN INDIA BV THE GENERAL MANAGER, GOVERNMENT OF INPIA PKKM,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI,

W 6 2