m«n

THFr.A/FTTF OF INDIA : EXTRAORDINARY

rPART II—SEC. 3^1

MINISTRY OF AGRICULTURE AND IRRIGATION

{Department of Food)

NOTIFICATION

New Delhi, the i3(h November, 1978

G.S.R. 552 (E),—In exercise oi the powers conferred I y

section 20 read with sub-section (1) of section 3, of

the

Sugar Undertakings (taking over of Management) Ordinance,

1978 (5 of 1978). the Central Government hereby make* the

following rules, namely :—

1. Short title—These rules

may be

called

the

Sugar

Undertakings (Taking Over of Management) Rules, 1978.

2. Definition,—In these rules, unless the context otherwise

requires—

(al "Ordinance" means the Sugar Undertakings (Taking

Over of Management) Ordinance, 1978;

(b) "section" means a section of the Ordinance.

3. Form of notice and mnnner of its service.—(1) The notice

to be issued by the Central Government nudcr sub-section (1)

of section 3 (o the owner or the manager of a sugar under-

taking shall be in the Form appended to these rules.

(2) The notice shall be caused to bo delivered in duplicate,

to such owner or manager eilher by registered post or in

person or by leaving it at the registered office or the principal

place of business of the sugar undertaking.

(3) Such owner or manager shall, within the lime specified

in the notice issued to him under sub-section (1) of section

3, send his report to the Central Government by registered

post or in person and in addition send simultaneously by

registered post one copy of such report to the Cane

Com-

missioner of the State in which the sugar undertaking

situate or, if there is no Cane Commissioner, to the Director

of Sugar in (hat State and another copy to the Secretary to

the Government of that State

administratively

concerned

with sugarcane.

THE FORM

(See Rule 3)

NOTICE UNDER SUB-SECTION (1) OF SECTION 3 OP

THE SUGAR UNDERTAKINGS

(TAKING OVER

MANAGEMENT) ORDINANCE, 1978 (5 OF 1978) GOVT.

OF INDIA. NO.

MINISTRY OF

AGRICUTURE AND IRRIGATION

(Department of Food)

New Delhi,

Whereas 'he Central Government is satisfied that {he

(name of sugar undertakings)

thaa in the sugar year

failed to commence the

manufacure of sugar on or before

(the appointed day in respect of the

said

sugar

year,

•having started the manufacture of sugar on or before

during the sugar yesr

has ceased to manufacture

sugar before trie expiry of the average period of manufacture

of sugar in relation to that undertaking, namely,

*as on

has, in relation to the cane purchased before that date for

the purposes of the said undertaking, arrears of cane dues to

the extent of more than ten per ctnt of the total price of

the cane purchased by it during the immediately

preceding

sugar year, the total price being rupees

;

And whereas the

Central Government Is satisfied that the

effective

functioning of the said sugar undertaking is neces-

sary for the purposes of the Sugar Undertakings (Taking Over

of Management) Ordinance, 1978 (5 of 1978);

Now,

therefore, in exercise of the powers conferred by

sub-section (1) of section 3 of the said Ordinance, the Central

Government hereby issues a notice to the owner or the mana-

ger of the

•

—

, sugar

undertaking

calling upon him to report in writing within

days from the date of receipt of this noflce the circumstances

under which—

(a) the said sugar undertakings has failed to com-

mence the manufacture of sugar on or before the

said date,

1081

@ (b) the said sugar under taking has ceased to manu-

facture sugar before the expiry of the average period

of manufacture of sugar in relation to that under-

taking, or

@ (c) the said sugar undertaking has failed to clear the

said arrears of cane dues, and to show cause as to

why the management of the said sugar undertaking

should not be taken over by the Central Govern-

ment under the said Ordinance.

Explanation :—For the purposes of this notice —

(i) the expression "average period of manufacture

sufiar" shall be construed in accordance with

the

provision of clause (c) of sub-section (6) of section

3 of the said Ordinance ;

(ii) the expression "arrears of cane dues" shall be cons-

trued in accordance with Ihe provisions of clauses

(a) and (b) of sub-section (6) of section 3 of the said

Ordinance.

Note,—A copy of the report should also be sent simulta-

neously by registered post to the Cane Commissioner of the

State in which the sugar undertaking is situate or, if there

is no Cane Commissioner, to the Director of Sugar in

that

State and another copy by registered post to the Secretary to

the Government of that State administratively concerned with

sugarcane.

(SEAL)

(in duplicate);

•Strike out whichever is not applicable,

tStrike out whichever is not applicable.

[No. 6-5/78-Sugar Desk l\

C. N. RAGHAVAN, Jt. Secy.

PWNT1D BY TOE MANAGER, OOVT. OF INDIA MESS, RING ROAD, NBW DELHI-110064

AND PUBLISHED BY THE CONTROLLER OF fUBUCATIONS, DELHI-110054, 1978