REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 306] NEW DELHI, MONDAY, SEPTEMBER 26, 1977/ASVINA 4, 1899
Separate pacing is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF AGRICULTURE AND IRRIGATION (Department of Food) NOTIFICATION New Delhi, the 26th September 1977
G.S.R. 619(E)/LSPEFA.—In exercise of the powers conferred by section 16 of the Levy Sugar Price Equalisation Fund Act, 1978 (31 of 1976), the Central Government hereby makes the following rules, namely: —
1. Short title and Commencement.—(1) These rules may be called the Levy Sugar Price Equalisation Fund Rules, 1977.
(2) They shall come into force on the date of their publication in the Official Gazette.
2 Definitions.—In these rules, unless the context otherwise requires,—
(a) "Accounts Officer" means the Controller of Accounts, Department of Food, Government of India, New Delhi;
(b) "Act" means the Levy Sugar Price Equalisation Fund Act, 1976 (31 of 1976);
(c) 'Central Government' means the Department of Food, Government of India, New Delhi;
(d) "Form" means a Form annexed to these rules.
3 Manner of crediting moneys to the fund.—The excess realisation and the interest due thereon shall be credited to the Fund by means of a demand draft on the State Bank of India, New Delhi/Reserve Bank of India, New Delhi drawn in favour of the Accounts Officer and the same shall be sent to him along with the details as required in the statement in Form I, within the period prescribed in section 3 of the Act A copy of the statement in Form I shall also be sent to the Central Government.
(1861)
I § 62 THE GAZETTE OF INDIA EXTRAORDINARY FAHT II^-SEC. 3 (i>
4. Manner of Accounting the iTan&actions of the Fluid.—All amounts received and expenditure incurred under the Act shall be credited and debited, as the case may be, in the accounts of the Central Government to the Minor Head of account "Levy Sugar Price Equalisation Fund" under the Major Head "848—Other Deposits" in Sector "K, Deposits and Advances".
5. Manner of inviting applications from buyers for refund.—The Central Government shall, having regard to the areas in which levy sugar was sold by the producers, advertise in such newspapers pr through such State Governments as may be considered necessary or both, the full details of the amounts of excess realisations credited to the Fund including.—
(I) Name of producer,
(11) Amount of excess realisation credited to the Fund, (in) Amount of interest on excess realisation credited to the Fund, (iv) Period to which the excess realisation relates,
and invite applications for refund from the buyers of levy sugar to which such excess realisations pertain, for refund of the excess realisations.
6. Forms for claiming refund.—An application for refund oJ! any amount under the provisions of the Act by a wholesale dealer or a retail dealer or any other buyer of levy sugar, shall be made in Form II, Form III or Form IV as the case may be.
7. Manner of utilisation of the fund by Central Government.—(1) The Central Government may authorise payment to any person, organisation, authority, or itself utilise such amount, out of the amounts to the credit of the Fund which stands vested in the Central Government, as may be considered necessary for maintaining the uniform retail price of levy sugar at a reasonable level and for the interests of the consumers of levy sugar as a class.
(2) The Central Government may order utilisation of any amount standing to the credit of the Fund and vested in it, for the discharge of any undertaking given by it, or any other authority or organisation with the consent of the Central Government, to a court for payment of difference between the controlled price and the higher price, if any, allowed by a court on final disposal of any petition.
8 Maintenance of Accounts.—The Accounts Officer shall maintain sepa- rately for each sugar season accounts in Form V m respect of each producer
(2) The Accounts Officer shall maintain accounts in Form VI indicating the amount lying in the Fund of any particular day.
FORM I (Rule 3)
Statement, showing particulars of excess realisations credited to the I cvy Si gar Price
Equalisation Fund
1. Name of producer • 2. No., date ard amount of Demard Draft : 3. Name of Bank nrd its branch on vvl icli
Demand Draft 11 drawn •
4. Sugar season to winch the amount credited
pertains •*
5. Break-up of the amount ciedited :—
(1) Excess realisation on nccom t cf'
<,a) Excess Price (b) Excess Central Excise Duty
(11) Interest
Total d) (a)+(b) I- (11)]
Signature of producer Date-
Enc: Demand Draft
No. dated
1 ,
FORM II
Jj
(Rule 6)
Application from a wholesale sugar dealer for rejund Jrottt the Levy Sugar Pric$
Equalisation Fund
1, Name and permanent address of the
applicant.
a. Address of business place :
3. Sugar Dealei's Licence ]\o, ., • , , —Valid upto—. issued by—
• (Valid at the relevart time)
-
ment invltir g application for refund.
5. Particular!! oi sugar allotmei t order
(0 No. and date of allotment order issued ±>y the State Food/Civil Supplies De- partment.
(n) Name and address of issuing authority, (ul) Quantity allotted (in quintals). (IV) Name and address of the sugar mill.
6. Details of sugar purchased •
(.0 ISS Grade of sugar.
00 Quantity purchased (in quintals,) (110 Controlled ex-factory price fixed by the
Central Govt OR"./QUO
uv) Price paid to sugar mill (Rs./Qtl) (On
ginal voucher to be enclosed)
(v) Details of the bill of the sugar null for sale of the above quantity of sugar to the applicant,
(vi) Proof of payment (in original), (vn) Reasons for higher price paid, if any. (vin) Authority under which higbur price paid
(to be enclosed in original),
7. Details of disposal of sugar
(I) Name and address of party to whom cold, (n) Gradewisc quantity sold.
(m) Price charged excluding railway freight, transport charges, loading/unloading charges, commission /margin etc.
^iv) Detaih of the bills of the applicant for
sale of this quantity of sugar.
(v) Proof of sale price charged \\a original).
8 (i) In cwse 7 i,m) is lower thun 6yv), wJ ether the difference or any part thereof claimed from any District Authority or any Central/State Corporation, body, agency, organisation etc.
(n) If so, the details of the amounts claimed^
the amounts received;
(in) If not, reasons therefor.
9. Amount of refund claimed from the Levy Sugar Price Equalisation Fund with details toi the calculation,
Signatuxe of applicant
1864 THE GAZETTE OP INDIA EXTRAORDINARY PART II—SEC. 3 (t>
Declaration
I hereby solemnly a i rm and declare that the irformation furnsred abeve is ttvc i rd correct and nothing has been concealed.
Signature of applicant
Atmtatwn
Certified that—
(n) the applicant paid to the sugar mlllnamed at 5(iv) above hgl er price ut ft 6ov)[bove than the controlled price as at 6(111) above a^dr either clojmed ieiui d ficm tci titl State authority, body, organisation, agency, etc. ror parted 01 *< HI y dealeror con- sumci the incidence ot the higher puce, ror did he get any refur. d from or mi dcr older of any court of law; and
(in) the amount of refund claimed by the apphcart fiom the Levy Stger Puce FqUali- sation Fund is coriect and admissible.
Signature of the District Food/ Civil Supplies Officer or any other authority concerned, with name, address and office seal.
Dated--
FORM III
(Rule 6)
Application from a retail sugar dealer for refund from the Levy Su"ar Price Edualisatwh Fund
1. Name and permanent address of the Applicant:
2. Address of business place.
3. Sugar Dealers' licence Number— -—•—• 1—valid upto • • issued by —'——'—•——•—•—< <—' (held at the relevant time)
4. Particulars of the Central Government's ad- vortisement inviting application for re- fund.
5. Particulars of sugar allotment order:
(i) No. and dateof allotment Orderissucd by the State FoodfCivll Supplies Department.
(ii) Name and address of issuing authority,
(ill) Quantity allotted (in quintals).
(IV) Name and address of the sugar mill.
(v) Name and address of the wholesale
sugar Dealer/Agency,
. Details of sugar purchased:
(,i) ISS Grade of sugar.
1,1 ) Quantity purchased jn quintals).
i,in) Controlled ex-fflctory price fixed by the Centra ivemment (Rupees per quintal).
(Iv) Price (excluding railway freight, trans- port, loadiug, unloading, profit/margin etc) paid to the wholesale sugar Dealers/Agency (Rs. per qtl.).
iv) Details of the bill of the wholesale sugar dealer for supply of the above quantity of sugar to the Applicant.
1865
(vi) Proof of payment (in original),
(vii) Reasons for higher price paid, if any.
(viii; Authority under which higher price paid (to be enclosed in original).
7. Details of disposal of sugar:
(I) Name and address of the individual/
party to whom sold together with particulars of the ration card/permit etc.
(II) Gradewisc quantity sold (m quintals).
(III) Price charged excluding railway freight, trai sport charges, loading/unloading charges, commission/margin etc.
(iv) Details of the Bill of the applicant for
sale of this quantity of sugar.
(V) Proof of sale price chargeddn onginal).
S. (1) Ip case 7 (111) is lower than 6(iv), whether the difference or any part thereof claimed from any District Authority or any Central/State Cor- poration, body, agency, organnation etc.
(II) If so, the details of the amounts
claimed/the amounts received,
(m) If not, reasons therefor
9. Amount of Refund claimed from the Levy Sugar Price Equalisation Fund (Rupees per quintal1) with details of the calculation.
Signature of Applicant
DecLaranm
Ihereby solemnly affirm and declare that the information furnished above is true and correct and nothing hat, been con eel led
Signatuie of Applicant
Attenattai
Ceitified that—•
(I) the ru'tic"Li'c me iionedin the rbove application have been vciified from the lecords
of this oftlc^ and found conect,
(II) The applicant paid to trie wholewie denier named at 5(v) dbove loghn price fas a' 'i(iv) nbove] thuti the controlled price [an at 6(111) abo\e] ai d neither claimed lcland from any CentrjI/ytiUe authorny, body, organisation, agency etc., nor p m ed on to mj dc^ci or consumer, the incidence of the higher pi ice nor did he Ker any refm d from or under order of any court of law, and
,1 ihc amount of refund claimed by the applicant from the Levy Sug-r Price Equa- 1 sation Fund is correct and admissible.
Signature of rthe District Food/ Civil Supplies Officer or any other Authority concerned, with name, add- ress and office seal.
1866 T1111 GAZETTE OF INDIA EXTRAORDINARY PART I I —S E C . ^ U)
FORM IV
(Rule 6 )
Application front a consumer of sugar for refund from the Levy Sugar Price Equalisation FundJ
(PART A)
(To be completed by the Consumer)
1. Name and permanent address of the appli-
cant:
2. Particulars of t>e Central Government's advertisement inviting application for refund.
3. Particulars of sugar purchased.
(1) Ration Card or permit number, issued by the State Food/Civil Suppheb Department.
'ii) Name and address of the Card/permit
issuing authority.
(lii) Name, address and number of the Ration/Fair Price Shop from whom purchased.
(IV) Quantity purchased *,in kilogram) (y) Price paid (Rs. per kilogram) (vi) Details of the bill of the Ration /Fair
Price Shop for supply of the above quantity of sugar to the Applicant.
(vil) Proof of payment (in original).
4. (1) Whether difference between the con- sumer price determined by the local authority concerned on the basis of die controlled/fair price and the price actually paid or any part thereof, claimed from any District Authority or any Central/State Corporation, body, agency, organisation etc.
(h) if ao, details of the amounts claimed
and the amounts received.
(iii) If not, reasons therefor.
5. Amount of Refund claimed from the levy Sugar Price Equalisation Fund with details of the calculations.
Signatuje of the Applicant*
Declaration
I hereby solemnly afflrmanddeclarethattheinformation furnished above is true and correcr and nothing has been concealed.
Signature of' t>o Applicant
(PART B)
(To be completed by the Ration Shop/Fair Price Shop)
1. ISS Grade of sugar and address of the manu- facturers m relation to the above claim.
2. Controlled ex-factory price fixed by the Central Government (Rupees per quintal).
3 Ex-factory price charged by the manufacturer
from the wholesale sugar dealer.
1867
4. Price paid by the Ration/Fair Price Shop on account of the ex-factory price paid by the wholesalers to the manufacturers (excluding railway freight, transport, loadii1 g, unloadin g profit /commit, SIOE /margin etc.)
Signature with name, address and licence No. etc. of tt'c Retail Sugar Dealer/Ration/Fair Price Shop.
(PART C)
(To be filled by the District Food/Civil Supplies Office] etc )
Certified t'lat—
(t) the particulars mentioned under items No. 3 and 4 rf Part A ard items 1 to 4 of Part fe of the above application have been verified as far at possible, from the record of this office and found correctj '
(n) the amount of refund claimed by the Applicant has neither been already claimed by, nor paid to, mm by any Central/State authority, body, organisation, agency etc.; and
mO '"e amount of refund claimed by the applicant from the Levy Sugar Pncc Equali- nijfjon Fund is correct and admissible.
Signature of the District Food/ Civil Supplies Officer or any other Authority concerned, with] name, Address and office seal.
FORM V
Ov 00
(Rule 8)
Preform* of Accounts for Levy Sugar Price E^uaUsalion Fund—Suqar Season ,,
i
^ '
.
. . _ ^ _ __ . ^ - . ^^
. . .
No & Date Amount received Date en Due date Date of Name & of Demand •—• • • •—• • ' •— which upto which claiming Address S. No Nameafthe Sugar Draft Excels Realisation Intere t Total credit refunds refund of claimum Factory
• •—•—• •—•
received are per-
Exce^ Excels m'Ssible
under Sec-
s
tion6of
Pr cc Central
Escite
Duty Act
12 3 4 5 67 89 10 11
tf
>
Deta Isof Refund AlU'wed'W thdrawa1c made
Bill Dale Amount
Initial of A.O ,—^—1—1_"—j-_—.—.—1—k—1—• 1—"_"——k—1—, >
I % No. Execs. Execs Iirerest Total R e m a rk
Pri ce Central
s? Exc.se Diry
12 13 IJL 15 16 17 IS 19
t
FORM VI
rRule 81
Proforma of Accounts for Leoy Sugar Price E^ialisatzon Fund
Amount Amount of Refund allowed
Date S No Name i • • • •— — — • • • —
Sugar
factorj Exc*
Price Central
. • EXCHS Fxc* s Pr cr Oatral
Excise Duty
Exase Dvity
1 23
4 5 6 - S 9 10 11 12 13
W thdrawal"
SaTi. ou N Date
\m^uQt Net balance
a\ailable
14
is 16 17
[No. 1-11/76J3PF]
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M OO 00 MONTH) BY THE GENBiAL MANAGER, GOVEHNMENT CW INDIA PRESS, MIHTO BOAS, NEW DELHI AKD PUBLIBHED BY THE CONTROliKR OF FUBUCATIONS DELHT, 1977